Item 4(ii) LRB-2023-12
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(ii) LRB-2023-12 LRB-2023-12 22/01722/FLL - Erection of a holiday accommodation unit and sauna building (in part retrospect), land 170 metres north west of Barnhill Farm, Powmill INDEX (a) Papers submitted by the Applicant (Pages 59-88) (b) Decision Notice (Pages 91-92) Report of Handling (Pages 93-100) Reference Documents (Pages 67-88) (c) Representations (Pages 101-110) 57
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4(ii)(a) LRB-2023-12 LRB-2023-12 22/01722/FLL - Erection of a holiday accommodation unit and sauna building (in part retrospect), land 170 metres north west of Barnhill Farm, Powmill PAPERS SUBMITTED BY THE APPLICANT 59
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Page 1 of 5 Pullar House 35 Kinnoull Street Perth PH1 5GD Tel: 01738 475300 Fax: 01738 475310 Email: onlineapps@pkc.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100560647-006 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity Nicholas Lindsay Architects NL Architects Baker Street 1 Suite 110, Castle House 01786 611 260 FK8 1AL UK Stirling studio@nlarchitects.co.uk 61
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Page 2 of 5 Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Mr 1 BARNHILL FARM D Perth and Kinross Council Brown POWMILL Powmill Barnhill Farm DOLLAR FK14 7NS FK14 7NS UK 696204 Perth and Kinross 301178 62
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Page 3 of 5 Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. 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 the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) Erection of a holiday accommodation unit and sauna building (in part retrospect) Please see enclosed document titled: 22-017A Appeal Supporting Information 63
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Page 4 of 5 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. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * 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. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: 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. 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. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * 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 (if any) from the earlier consent. 22-017A Appeal Supporting Information 22-017A Supporting Statement 22-017A Business Plan for Holiday Accommodation 22- 017A PL-01A 22-017A PL-02A 22-017A PL-03A 22-017A PL-04 22-017A PL-05 22/01722/FLL 07/12/2022 29/09/2022 64
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Page 5 of 5 Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mr NL Architects Declaration Date: 06/03/2023 65
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4(ii)(b) LRB-2023-12 LRB-2023-12 22/01722/FLL - Erection of a holiday accommodation unit and sauna building (in part retrospect), land 170 metres north west of Barnhill Farm, Powmill PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS (included in applicant’s submission, pages 67-88) 89
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REPORT OF HANDLING DELEGATED REPORT Ref No 22/01722/FLL Ward No P8- Kinross-shire Due Determination Date 3rd December 2022 Draft Report Date 6th December 2022 Report Issued by John Cooney Date 6th December 2022 PROPOSAL: Erection of a holiday accommodation unit and sauna building (in part retrospect) LOCATION: Land 170 Metres North West Of Barnhill Farm Powmill 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 located in agricultural land to the north-west of Barnhill Farm, in a rural location accessed via a farm track from the U223 road approximately halfway between Blairingone and Powmill, which also serves the Pitfar Steadings site some 275 metres to the north-west. The site is within the Inner Consultation Zone of a high- pressure gas pipeline. The proposal seeks permission for a retrospective holiday cabin, in addition to a free- standing sauna structure which is yet unbuilt. Associated works including provision of services and parking area are also proposed. SITE HISTORY 22/00823/FLL Alterations and extension to dwellinghouse 20 July 2022 Application Approved 22/01467/FLL Siting of holiday accommodation unit and sauna (in part retrospect) 28 September 2022 Withdrawn PRE-APPLICATION CONSULTATION Pre application Reference: None NATIONAL POLICY AND GUIDANCE The Scottish Government expresses its planning policies through The National Planning Framework, the Scottish Planning Policy (SPP), Planning Advice Notes 93
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(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 6: Settlement Boundaries Policy 8: Rural Business and Diversification Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 53E: Water Environment and Drainage: Water Supply Policy 54: Health and Safety Consultation Zones Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals OTHER POLICIES National Roads Development Guide Placemaking Supplementary Guidance 2020 CONSULTATION RESPONSES Internal Consultees Environmental Health (Private Water) - No objection subject to condition and informatives regarding water supply. Transport Planning – No objection. 94
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Environmental Health (Noise Odour) – No objection subject to informatives the proposed stove system, and the need for a caravan site licence. Commercial Waste Team – No comments received. Development Contributions Officer – No comments to make External Consultees Scotland Gas Networks PLC – Objection withdrawn, subject to further consultation if any additional works proposed within 35 metres of nearby high pressure gas pipeline. REPRESENTATIONS One representation was received from Fossway Community Council which neither supported nor objected to the proposal. Attention was drawn to the lack of business plan submitted at the time the representation was made. Officer Note: Whilst a document named “Business Plan” was submitted after the Fossway Community Council representation was received, the case officer did not consider it necessary to re-notify interested parties, as the new document did not alter the officer’s view that refusal should be recommended. ADDITIONAL STATEMENTS Screening Opinion EIA Not Required Environmental Impact Assessment (EIA): Environmental Report Not Required Appropriate Assessment 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 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. 95
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Policy Appraisal, Design and Layout Policy 8: Rural Business and Diversification is of relevance in the determination of any tourism-related development. This states that “The Council will give favourable consideration to the expansion of existing businesses and the creation of new ones in rural areas. There is a preference that this will generally be within or adjacent to existing settlements. Sites outwith settlements may be acceptable where they offer opportunities to diversify an existing business or are related to an existing site- specific resource or opportunity”. It goes on to state that “Proposals for new tourism- related developments, and the expansion of existing facilities, will be supported where it can be demonstrated that they improve the quality of new or existing visitor facilities, allow a new market to be exploited, or extend the tourism season. Proposals for new tourism-related developments must be justified through a business plan.” This site is outwith a settlement boundary within agricultural land with the Cleish Hills to the south-east and the Ochil Hills to the north. The proposal has been accompanied by a so-called “Business Plan” which was submitted at a late stage in the assessment process. However, this document identifies no site-specific resource or opportunity to justify this tourism development in the countryside beyond reference to the applicant’s re-wilding ambitions for the farm, which would in part be funded by the revenues from the proposed accommodation. In general, the document fails to provide the level of detail required of a business plan, nor does it contain convincing justification for the introduction of holiday accommodation in this particular location. Policy 8 also requires new countryside business proposals to meet several criteria. The applicable criteria to this proposal is listed in italics with the consideration of the criteria thereafter: a) that the proposal will contribute to the local economy through the provision of visitor accommodation - the proposal will provide visitor accommodation. b) the proposal will not result in suburbanisation of the rural area or encourage unsustainable travel patterns – Whilst the proposal is small in scale, it will result in development of the open countryside where travel to this site would predominantly be car-dependent. The nearest bus stop is 2.3 kilometres away at Gartwhinzean Loan near Powmill, and the proposal would result in unsustainable travel patterns in the area. It is acknowledged that the access track to the site is part of the Core Path network, but the likelihood is that visitors will predominantly by car, with a lack of local facilities and services close by. c) the proposed use is compatible with surrounding land uses and will not detrimentally impact on the amenity of residential properties within or adjacent to the site - there are some dwellings, including that of the applicant, 170 metres to the south-east at Barnhill , and 275 metres to the north-west at Pitfar Steadings. There is sufficient distance for these residences not to be adversely affected by the proposed development, as discussed further in the Residential Amenity section of this report. 96
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d) the proposal can be satisfactorily accommodated within the landscape and environmental capacity of the site - the site is located within the open countryside, with an existing tree-line sheltering the application site along its northern boundary, flanked by the access track to the west, but lacking natural enclosure on its southern and eastern sides. It is acknowledged that the timber-cladding of the cabin makes its appearance less striking in the landscape than other materials. However, the existing cabin and proposed sauna sit on a raised soil and gravel surface on a south-facing slope which was originally six metres higher in elevation than the existing farm buildings prior to being raised with soil and gravel, and is separated from the farm buildings by a dip in the land. This prominence in the landscape, combined with the remoteness of the proposed structures and parking area from the farm buildings, makes them visible in wider views from the south along the U213 road, from the Core Path network adjacent, and from higher ground to the east. As such, the proposal does not sit comfortably within the surrounding landscape. e) the proposal meets a specific need by virtue of its quality or location in relation to existing business or tourist facilities - The site is not considered to meet this criterion. Whilst the applicant’s ambition to undertake re-wilding work at Barnhill Farm is to be commended, there are no site-specific qualities which would set the site apart from others. The supporting information fails to identify local businesses or facilities, vaguely refers to the site’s proximity to Glasgow and Edinburgh, and claims that the proposal would “benefit and add value to Perthshire Tourism”. f) where any new building or extensions are proposed they should achieve a high quality of design to reflect the rural nature of the site and be in keeping with the scale of the existing buildings – Timber-clad cabins can often be sited to minimise their impact on the rural nature of a site. In this instance, however, and following on from the discussion under criterion (d) of Policy 8 earlier in this report, the isolated siting of the proposal relative to the established buildings results in a visual impact which fails to complement or reflect the rural nature of the site and wider area. Therefore, the proposal is considered to conflict with the aims of Policy 8 - Rural Business and Diversification. In addition, Policy 1A Placemaking states that “the design, density and siting of development should respect the character and amenity of the place”, whereas Policy 1B(b) and (c) expects proposals to “consider and respect site topography and any surrounding important landmarks, views or skylines, as well as the wider landscape character of the area”, and “the design and density should complement its surroundings in terms of appearance, height, scale, massing, materials, finishes and colours”. In this instance, the siting of the proposed development fails to respect the character and amenity of the place, and has not considered the wider landscape character of the area. It does not complement its surroundings due to its isolation from established built form and the absence of natural enclosing features to integrate it into the landscape. Therefore, the proposal is also considered to conflict with Policies 1A and 1B – Placemaking. 97
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Residential Amenity The closest residential property to the site is Barnhill Farm which is approximately 170 metres to the south-east, with Pitfar Steadings located approximately 275 metres to the north-west. The Council’s Environmental Health Team notes that the main potential amenity issue would be noise from patrons using the holiday accommodation units, and odour and smoke from a stove system serving the proposed sauna. However, this can be controlled through good management of the site. Given the distance attenuation to the site the residential amenity of any residential properties should not be adversely affected. A caravan site licence would be required for the site. Roads and Access Vehicle access to the public road network for the unit will be via the existing private vehicle track running north to south past the farm and leading to the U223 public road to the north, and the A977 north of that. Whilst the applicant has claimed in the application form that they are the sole owner of the land within the application site, it is unclear if they also mean the access track to the U223 which also falls within the red line boundary and serves a separate development site at Pitfar Steadings. Plans indicate the vehicle access for the unit would be directly onto the existing private track, and that the single proposed parking space would be in line with the requirements of the National Roads Development Guide. However, as stated elsewhere in this report, the proposal would encourage unsustainable travel patterns, albeit not to a significant enough extent to conflict with Policy 60B. Drainage and Flooding The Environmental Health Team have not objected to the proposal but have advised that conditional control and informatives are required to ensure the new development has an adequate and consistently wholesome supply of water and maintain water quality and supply in the interests of residential amenity and ensure the private water supply or septic drainage systems of neighbours of the development remain accessible for future maintenance. The Environmental Health Team also note that once the development is operational the Service will have statutory duties detailed in the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 to monitor the water quality. The proposal would accord with Policy 53B, 53C and 53E subject to the planning condition and informatives requested by Environmental Health Team. Major Accident Hazards Whilst the proposed cabin is within the Inner consultation zone of a high-pressure gas pipeline, the Health and Safety Executive PADHI+ service has returned the 98
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advice “Do Not Advise Against Development”. Scotland Gas Networks (SGN) have withdrawn their earlier objection, and had the application been recommended for approval, an informative would have advised the applicant to contact SGN in the event that any further works were proposed within 35 metres of the pipeline. Natural Heritage and Biodiversity Limited information has been submitted with regard to natural heritage and biodiversity. In the event of approval, officers would have requested that biodiversity measures such as hedging be introduced, to introduce some positive biodiversity impact. Any further site works would need to consider the impact on any wildlife. Whilst the proposal does not appear to result in the loss of any trees, no information has been provided as to the impact of the proposal on the root protection zones of the belt of trees to the north. The nature of the proposal, not having invasive foundations, is such that this does not form grounds for refusal of this application. Developer Contributions The Developer Contributions Guidance is not applicable to this application and therefore no contributions are required in this instance. Economic Impact The economic impact of the proposal is likely to be limited to the construction phase of the development, revenues from the proposed accommodation, and guests’ expenditure in the local economy. VARIATION OF APPLICATION UNDER SECTION 32A This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate additional supporting documents. 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. 99
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Accordingly the proposal is refused on the grounds identified below. Reasons 1 The proposals are contrary to Placemaking Policies 1A & 1B (parts b & c) of the Perth & Kinross Council Local Development Plan 2 (2019) as the development does not respect the character or amenity of the place in which located. The development relates poorly in terms of form, design or layout to the existing buildings and surrounding rural environment, and would as a result, appear visually incongruous and out of keeping within the wider countryside setting. 2 The proposals are contrary to Policy 8: Rural Business and Diversification of the Perth and Kinross Council Local Development Plan 2 (2019) as the proposal does not relate to the expansion of an existing business and it fails to demonstrate that the site presents a site-specific site resource or opportunity and how the proposal would improve the quality of new or existing tourism facilities, allow a new market to be exploited or extend the tourism season. 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 There are no relevant informatives. Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 05 06 07 100
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4(ii)(c) LRB-2023-12 LRB-2023-12 22/01722/FLL - Erection of a holiday accommodation unit and sauna building (in part retrospect), land 170 metres north west of Barnhill Farm, Powmill REPRESENTATIONS 101
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Comments to the Development Quality Manager on a Planning Application Planning Application ref. 22/01722/FLL Comments provided by Lachlan MacLean Project Officer – Transport Planning Service/Section Transport Planning Contact Details TransportPlanning@pkc.gov.uk Description of Proposal Erection of a holiday accommodation unit and sauna building (in part retrospect) Address of site Land 170 Metres North West Of Barnhill Farm, Powmill Comments on the proposal The applicant is proposing to erect a prefabricated holiday accommodation unit and sauna unit on a garden ground site. Vehicle access to the public road network for the unit will be via the existing private vehicle track running north to south past the farm and leading to the U223 public road to the north, and the A977 north of that. Plans indicate the vehicle access for the unit is to come off the existing private track. Parking provision is indicated to be for one space, which is in line with the requirements of the National Roads Development Guide. Insofar as the Roads matters are concerned, I have no objections to this proposal. Recommended planning condition(s) Recommended informative(s) for applicant Date comments returned 11 November 2022 103
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Comments to the Development Quality Manager on a Planning Application Planning Application ref. 22/01722/FLL Comments provided by Lucy Sumner Service/Section Strategy & Policy Contact Details Development Contributions Officer: Lucy Sumner Description of Proposal Erection of a holiday accommodation unit and sauna building (in part retrospect) Address of site Land 170 Metres North West Of Barnhill Farm Powmill Comments on the proposal I have no comments to make on this proposal in terms of the Developer Contributions and Affordable Housing Supplementary Guidance. Recommended planning condition(s) Recommended informative(s) for applicant Date comments returned 17 November 2022 104
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M e m o r To Development Quality Manager Your ref 22/01722/FLL Date 17/11/2022 The Environment Service a n d u m From Regulatory Service Manager Our ref MA Tel No Pullar House, 35 Kinnoull Street, Perth PH1 5GD Consultation on an Application for Planning Permission Erection of a holiday accommodation unit and sauna building (in part retrospect) Site Land 170 Metres North West Of Barnhill Farm Barnhill I refer to your letter dated 2/11/2022 in connection with the above application and have the following comments to make. Water (assessment date – 17/11/2022) Recommendation I have no objections to the application but recommend the undernoted condition and informatives be included in any given consent. Comments The development is for holiday accommodation and sauna in a rural area village To ensure the new development has an adequate and consistently wholesome supply of water and to maintain water quality and supply in the interests of residential amenity and ensure the private water supply or septic drainage systems of neighbours of the development remain accessible for future maintenance please note the following condition and informatives. It should be noted that once the development is operational this Service will have statutory duties detailed in the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 to monitor the water quality. No public objections relating to the water supply were noted at the date above. WS00 Condition Prior to the commencement of the development hereby approved, 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. The subsequently agreed protective or replacement measures shall be put in place prior to the development being brought into use and shall thereafter be so maintained insofar as it relates to the development hereby approved. 105
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WAYL - Informative 1 The applicant should ensure that any existing wayleaves for maintenance or repair to existing private water supply or septic drainage infrastructure in the development area are honoured throughout and after completion of the development. PWS - Informative 2 The applicant shall ensure the private water supply for the dwellinghouse/ development complies with the Water Scotland Act 1980 (Section 63), The Private Water Supplies (Scotland) Regulations 2006 and The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. Detailed information regarding the private water supply, including the nature, location and adequacy of the source, any storage tanks/ pipework and the filtration and disinfection treatment proposed to ensure provision of an adequate and consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above Act and Regulations. 106
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M e m o r To Development Management & Building Standards Service Manager Your ref 22/01722/FLL Date 23 November 2022 Communities a n d u m From Regulatory Services Manager Our ref LRE Tel No Pullar House, 35 Kinnoull Street, Perth PH1 5G Consultation on an Application for Planning Permission 22/01722/FLL RE: Erection of a holiday accommodation unit and sauna building (in part retrospect), Site Land 170 Metres Northwest of Barnhill Farm, Powmill for Mr D Brown I refer to your letter dated 2 November 2022 in connection with the above application and have the following comments to make. Environmental Health Recommendation I have no objection to the application but recommend that the undernoted informative be included on any given consent. Comments This application is for the erection of a pre fabricate timber cabin, sauana for holiday accommodation use, part in retrospect. Stove Plans indicate that the sauna is to be heated with a 5kW wood burning stove and the flue terminates at the roof height of the sauna building. Air Quality The Environment Act 1995 places a duty on local authorities to review and assess air quality within their area. Technical Guidance LAQM.TG (16) which accompanies this act advises that biomass boilers within the range of 50kW to 20MW should be assessed in terms of nitrogen dioxide and particulate matter. The pollution emissions of concern from biomass are particulate matter (PM10/PM2.5) and nitrogen oxides (NOx). The stove to be installed, is out with the range to be assessed so I have no adverse comments to make with regards to air quality. Nuisance This Service has seen an increase in nuisance complaints with regards to smoke and smoke odour due to the installation of biomass appliances. Nuisance conditions can come about due to poor installation and maintenance of the appliance and inadequate dispersion of emissions due to the inappropriate location and height of flue with regards to surrounding buildings. I would advise that smoke/odour could be further minimised through the use of fuel recommended by the stove manufacturer. 108
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In light of the above, the residential amenity at neighbouring dwellinghouses should not be adversely affected by smoke/odour. I would therefore have no objections to this development provided that the following informative is attached to the consent. Noise The main soucre of noise would be from patrons using the one bedroom holiday accommodation unit however this can be contolled through good management of the site, the applicant lives within close proximity to the site. Given the distance attenuation to the site and residential properties outwith the applicants owneship the residential amenity of these properties should not be adversley affected by noise from the site. Site Licence Given the type of development and proposed unit, I would remind the applicant that this fall under the definition of a caravan and therefore a site licence will be required. Therefore, whilst I have no objections to the application, I would recommend the following informative be attached to any given consent. Informative • CARAV Part of the approved development includes 'caravans'. The developer is advised that caravans require to be licensed under the terms of Section 1 of the Caravan Sites and Control of Development Act 1960 and therefore a licence application should be made to Environmental Health. Application forms are available at https://www.pkc.gov.uk/article/15600/Licence-caravan-site • The approved stove system shall be installed and thereafter operated and maintained in accordance with the manufacturer's recommendations, such that smoke odours are not exhausted into or escape into any neighbouring dwellings. Failure to do so may result in an investigation and possible action by Environmental Health under the Environmental Protection Act 1990. 109
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