Item 4(i) LRB-2023-11
Perth and Kinross Council · 5 June 2023
Back to Local Review Body — 5 June 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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4(i) LRB-2023-11 LRB-2023-11 22/02012/FLL – Erection of a dwellinghouse, land 50 metres south east of Woodfield Farm House, Kinclaven INDEX (a) Papers submitted by the Applicant (Pages 11-46) (b) Decision Notice (Pages 21-22) Report of Handling (Pages 23-29) Reference Documents (Pages 30-46) (c) Representations (Pages 49-56)
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4(i)(a) LRB-2023-11 LRB-2023-11 22/02012/FLL – Erection of a dwellinghouse, land 50 metres south east of Woodfield Farm House, Kinclaven PAPERS SUBMITTED BY THE APPLICANT 11
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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 MEIKLEOUR TRUST Name NORMAN A MACLEOD 4 THE OLD DAIRY MEIKLEOUR PH2 6FB 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 22/02012/FLL Land 50 Metres South East Of Woodfield Farm House Kinclaven Relocation of a dwellinghouse from flood risk land 02/12/2022 Date of decision (if any) 07/02/2023 13
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Notice of Review Page 2 of x5 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 14
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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 15
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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. 16
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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 22/02/2023 17
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NOTICE OF REVIEW SUBMISSION APPENDIX 1. Notice of Review Form 2. Notice of Review Written Statement 3. Perth and Kinross Council Decision Notice 4. Perth and Kinross Council Report of Handling 5. Appeal Statement by Meikleour Trust 6. Supporting Statement and Photos 7. Google Map Location Plan 8. Location Plan A4 1TO2500 9. Proposed Block Plan A1 1TO200 10. Existing and Proposed Block Plans A1 1TO500 11. Proposed Elevations A1 1TO50 12. Proposed Floor Plan A1 1TO50 13. Vertical Cross Sections A1 1TO50 19
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Page 1 of 3 Meikleour Trust c/o Norman MacLeod 18 Walnut Grove Blairgowrie PH10 6TH Pullar House 35 Kinnoull Street PERTH PH1 5GD Date of Notice:7th February 2023 TOWN AND COUNTRY PLANNING (SCOTLAND) ACT Application Reference: 22/02012/FLL I am directed by the Planning Authority under the Town and Country Planning (Scotland) Acts currently in force, to refuse your application registered on 2nd December 2022 for Planning Permission for Erection of a dwellinghouse Land 50 Metres South East Of Woodfield Farm House Kinclaven David Littlejohn Head of Planning and Development Reasons for Refusal 1. The proposal is contrary to Policy 19 of the Perth and Kinross Local Development Plan 2 2019 and the Council's Housing in the Countryside Supplementary Guidance 2020 as the proposal fails to satisfactorily comply with category (1) Building Groups and Category (2) infill sites. It is also considered that the proposal cannot satisfy any of the remaining categories (3) New Houses in the Open Countryside (4) Renovation or Replacement of Houses, (5) Conversion or replacement of redundant non-domestic buildings and (6) Rural Brownfield Land. 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 21
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2 Plan Reference 01 02 03 04 05 06 07 08 22
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1 REPORT OF HANDLING DELEGATED REPORT Ref No 22/02012/FLL Ward No P5- Strathtay Due Determination Date 1st February 2023 Draft Report Date 6th February 2023 Extended to 1st April 2023 Report Issued by JF Date 06/02/2023 PROPOSAL: Erection of a dwellinghouse LOCATION: Land 50 Metres South East Of Woodfield Farm House Kinclaven 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 The application site is within a rural area to the southwest of Meikleour. It forms part of a former farm steading with a dwelling, steading converted to form a dwelling and an area of hardstanding which was formerly occupied by buildings. The proposed site for the dwelling forms the cleared area which lies to the east of the two existing dwellings across a track. The proposal follows on from a 2018 application for the erection of a dwelling to replace one located within a flood risk area. This application was on a different site to the one proposed here and was refused as it did not meet the siting criteria set out in policy and furthermore didn’t meet any other criteria. This application still seeks to replace the flood risk dwelling but on a different site to the refused application. SITE HISTORY No history on application site. PRE-APPLICATION CONSULTATION Pre application Reference: N/A NATIONAL POLICY AND GUIDANCE The Scottish Government expresses its planning policies through The National Planning Framework, the Scottish Planning Policy (SPP), Planning Advice Notes 23
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2 (PAN), Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. National Planning Framework 4 The National Planning Framework 4 (NPF4) was approved by the Scottish Parliament on 11 January 2023. Once adopted by the Scottish Ministers (expected to be 13th February), the NPF4 will have an increased status over previous NPFs and will comprise part of the statutory development plan. At this stage, it remains a significant material consideration. In light of this, Policy 17 Rural Homes which states that development will be supported where development reuses brownfield land where a return to a natural state has not or will not happen without intervention. DEVELOPMENT PLAN The Development Plan for the area comprises NPF4 (as mentioned above) 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 19: Housing in the Countryside Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development Policy 52: New Development and Flooding Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals 24
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3 OTHER POLICIES Placemaking Supplementary Guidance Developer Contributions Supplementary Guidance Housing in the Countryside Policy and Guidance CONSULTATION RESPONSES Scottish Water No objection Transportation And Development No objection Development Contributions Officer No contributions required REPRESENTATIONS No representations were received ADDITIONAL STATEMENTS 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 Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Not Required APPRAISAL Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997 require that planning decisions be made in accordance with the development plan unless material considerations indicate otherwise. The Development Plan for the area comprises NFP4, the approved TAYplan and the adopted LDP2. 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 is not located within a settlement boundary and therefore the principle of developing the site falls to be considered under Policy 19 Housing in the Countryside and the associated 2020 Guide. Policy 19 states that development of single houses or groups of houses which fall within the six identified categories will be supported. 25
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4 (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 The proposal is primarily considered under Category 3 New houses in the open countryside where defined categories are set out in the Supplementary Guidance. The applicable category is 3.2 Houses in areas of Flood Risk. The previous proposal to replace the flood risk dwelling Westhaugh Cottage was assessed in 2018 under the 2012 version of the Housing in the Countryside Supplementary Guidance. At this time the new site selected for the replacement dwelling was not acceptable in terms of meeting the siting criteria. This application seeks to address this reason for refusal by revising the location. However, the supplementary guidance has been replaced by the 2020 updated version and this has revised the wording of the applicable category 3.2 which is now as follows a) Proposals for the relocation of an occupied house from within an identified flood risk area to the best and nearest alternative site will be supported. The flooding risk must relate to the house itself and not only to garden ground. The flood risk house must be demolished, the site made good, and any ad-hoc protection measures associated with the at-risk property removed within one month of the occupation of the replacement house. If any additional ad-hoc protection measures are in or on the banks of a watercourse advice should be sought from SEPA on the opportunities for restoration and any regulatory requirements. What is clear from the submission is that the property has not been occupied for a considerable amount of time (since the early 1990s). In a change from the 2012 version of the guidance the word occupied has been added to this category. Therefore the proposal does not comply with the policy/guidance as the property is not inhabited. Additionally, the proposal is considered against the remaining categories of the policy/guidance. The site does not lie within a building group as there are only two dwellings, the site is not an infill, the proposal is not renovation or replacement of houses under category 4 as the sites are remote from each other, the proposal is not the conversion or replacement of redundant non-domestic buildings. The applicant has indicated that the site chosen is brownfield land once occupied by buildings but there is no physical evidence of any recent building on the site (although ariel imagery shows some sheds). Category 6 permits the development of sites where they have been damaged by a former use that it cannot be left to naturalise or be reused for another purpose without first being improved. It further 26
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5 states that this category of the policy is not intended to allow the redevelopment of sites like these, nor is it intended to permit the redevelopment of sites for housing where buildings have simply been allowed to fall into disrepair. This category is intended to allow small scale housing proposals on cleared sites which have been significantly degraded by a former use or activity, and where the redevelopment of the site for housing is the only means by which it is viable to remediate the site. There is no evidence of any footings, concrete plinths etc on the site and no further information has been submitted to indicate how the land has been significantly degraded or how there is significant risk to human health or the wider environment by not developing the site. The proposal therefore does not comply with Category 6. NPG4 supports the reuse of brownfield land but states that development will be supported where a return to a natural state has not or will not happen without intervention, the site does not meet this definition and no evidence has been provided to justify that this is the case. The proposal is therefore considered to be contrary to policy and guidance. Design and Layout The proposal is for a single storey dwellinghouse comprising two bedrooms and a lounge/kitchen area. The building measures around 22 metres by 6 metres with a height to the roof ridge of 4.9 metres. It will be finished in wet dash render with slate roof. The site would require boundary treatments and planting to provide a setting as its open and bound by farmland, hedging is shown to provide containment. Residential Amenity The site is separated from the two existing dwellings by the access track and as such there would not be any impact on existing residential amenity. Roads and Access The property access is taken off a private track which leads south to the C419 public road to Kinclaven. No changes are proposed for the existing vehicle access to the property. The works will create parking for four vehicles. The level of car parking proposed for the site meets the requirements of the National Roads Development Guide. Drainage and Flooding The dwelling will be served by a new septic tank and soakaway. Developer Contributions The Council Developer Contributions Supplementary Guidance requires a financial contribution towards increased primary school capacity in areas where a primary 27
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6 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 Stanley Primary School. Education & Children's Services have no capacity concerns in this catchment area at this time. 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 proposal is contrary to Policy 19 of the Perth and Kinross Local Development Plan 2 2019 and the Council's Housing in the Countryside Supplementary Guidance 2020 as the proposal fails to satisfactorily comply with category (1) Building Groups and Category (2) infill sites. It is also considered that the proposal cannot satisfy any of the remaining categories (3) New Houses in the Open Countryside (4) Renovation or Replacement of Houses, (5) Conversion or replacement of redundant non-domestic buildings and (6) Rural Brownfield Land. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. 28
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7 Informatives N/A Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 05 06 07 08 29
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Imagery ©2022 CNES / Airbus, Getmapping plc, Landsat / Copernicus, Maxar Technologies, Map data ©2022 500 m Woodeld Farm House SITE 40
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04/11/2022 WOODFIELD FARM HOUSE, C419 FROM THE U118 NORTH OF BROOMHILL TO THE A93 NORTH OF BRIDGE OF ISLA, KINCLAVEN, PH1 4QW Scale: 1:2500 | Area 16Ha | Grid Reference: 314593,738431 | Paper Size: A4 Mapping contents © Crown copyright and database rights 2022 Ordnance Survey 100035207 BENCH MARK +48.9M +48.6M +48.4M +47.6M + + + + 47.1M + 46.9M 47.0M + 46.9M 46.8M 46.6M SITE C419 TO MURTHLY TO ISLA BRIDGE ALL LAND AND EXISTING BUILDINGS ARE OWNED BY MEIKLEOUR TRUST 41
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NORMAN A MACLEOD namacleod@aol.com Tel: 07884177328 DRAWING REF: Proposed Block Plan PAPER SIZE: A1 DATE:Nov2022 SCALE:1to200 DRAWING NO:2 REVISION: PROJECT: Relocation of a dwelling house to Woodfield, Kinclaven PH1 4QW 42
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NORMAN A MACLEOD namacleod@aol.com Tel: 07884177328 DRAWING REF: Existing and Proposed Block Plans PAPER SIZE: A1 DATE:Nov2022 SCALE:1to500 DRAWING NO:1 REVISION: PROJECT: Relocation of a dwelling house to Woodfield, Kinclaven PH1 4QW 43
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4(i)(b) LRB-2023-11 LRB-2023-11 22/02012/FLL – Erection of a dwellinghouse, land 50 metres south east of Woodfield Farm House, Kinclaven PLANNING DECISION NOTICE (included in applicant’s submission, pages 21-22) REPORT OF HANDLING (included in applicant’s submission, pages 23-29) REFERENCE DOCUMENTS (included in applicant’s submission, pages 30-46)
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4(i)(c) LRB-2023-11 LRB-2023-11 22/02012/FLL – Erection of a dwellinghouse, land 50 metres south east of Woodfield Farm House, Kinclaven REPRESENTATIONS 49
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