Item 4(iii) LRB-2023-13

Perth and Kinross Council · 5 June 2023
Back to Local Review Body — 5 June 2023 and its agenda

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4(iii)
LRB-2023-13
LRB-2023-13
22/02137/FLL – Installation of replacement windows,
Glengarth, Ferntower Place, Crieff, PH7 3DD
INDEX
(a) Papers submitted by the Applicant (Pages 113-134)
(b) Decision Notice (Pages 124-125)
Report of Handling (Pages 137-142)
Reference Documents (Pages 132-134)
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4(iii)(a)
LRB-2023-13
LRB-2023-13
22/02137/FLL – Installation of replacement windows,
Glengarth, Ferntower Place, Crieff, PH7 3DD
PAPERS SUBMITTED
BY THE
APPLICANT
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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 100609248-003
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
John Gordon Associates Ltd
John
Gordon
Dean Acres
3
01383850134
KY12 9XS
Scotland
Dunfermline
Comrie
gordonassociates@sky.com
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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
GLENGARTH
I
Perth and Kinross Council
Younger
FERNTOWER PLACE
Ferntower Place
Glengarth
CRIEFF
PH7 3DD
PH7 3DD
United Kingdom
722013
Crieff
286713
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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)
Installation of replacement windows
SEPARATE DOCUMENT ATTACHED
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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
Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may
select more than one option if you wish the review to be a combination of procedures.
Please select a further procedure *
Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it
will deal with? (Max 500 characters)
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
If there are reasons why you think the local Review Body would be unable to undertake an unaccompanied site inspection, please
explain here. (Max 500 characters)
APPLICATION DRAWINGS; REFUSAL NOTICE; APPLICATION FORM; REASONS FOR REVIEW;
22/02137/FLL
03/03/2023
By means of inspection of the land to which the review relates
02/12/2022
SITE VISIT SUGGESTED TO OBSERVE PROPERTY IN ITS SURROUNDINGS
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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.
Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mr John Gordon
Declaration Date: 10/03/2023
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4(iii)(b)
LRB-2023-13
LRB-2023-13
22/02137/FLL – Installation of replacement windows,
Glengarth, Ferntower Place, Crieff, PH7 3DD
PLANNING DECISION NOTICE (included in
applicant’s submission, pages 124-125)
REPORT OF HANDLING
REFERENCE DOCUMENTS (included in applicant’s
submission, pages 132-134)
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REPORT OF HANDLING
DELEGATED REPORT
Ref No 22/02137/FLL
Ward No P6- Strathearn
Due Determination Date 1st February 2023 Extended to 1st March 2023
Draft Report Date 28th February 2023
Report Issued by DR Date 1st March 2023
PROPOSAL: Installation of replacement windows
LOCATION: Glengarth Ferntower Place Crieff PH7 3DD
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 property is a ground floor flat situated in a residential area of Crieff. 
The flat is one of four flats in a building that has the appearance of a pair of semi-
detached traditional villas.  The property lies within the Crieff Conservation Area.
Full planning permission is sought to replace the windows on the southwest (front)
and northeast (rear) elevations of the application property.
SITE HISTORY
11/00645/FLL Erection of a garden store 30 June 2011 Application Approved
19/01612/TW Tree Works 7 February 2020 Application Approved
PRE-APPLICATION CONSULTATION
Pre application Reference: n/a
DEVELOPMENT PLAN
The Development Plan for the area comprises National Planning Framework 4
(NPF4) and the Perth and Kinross Local Development Plan 2 (2019) (LDP2).
National Planning Framework 4
The National Planning Framework 4 (NPF4) is the Scottish Government’s long-term
spatial strategy with a comprehensive set of national planning policies.  This strategy
sets out how to improve people’s lives by making sustainable, liveable and
productive spaces. 
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NPF4 was adopted on 13 February 2023. NPF4 has an increased status over
previous NPFs and comprises part of the statutory development plan.
The Council’s assessment of this application has considered the following policies of
NPF4:
Policy 7: Historic Assets and Places
Policy 14: Design, Quality and Place
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 16: Quality Homes
Policy 1A: Placemaking
Policy 1B: Placemaking
Policy 17: Residential Areas
Policy 28A: Conservation Areas: New Development
Statutory Supplementary Guidance
 Supplementary Guidance - Placemaking (adopted in 2020)
OTHER POLICIES
Non-Statutory Guidance
 Conservation areas
NATIONAL GUIDANCE
The Scottish Government expresses its planning policies through The National
Planning Framework, Planning Advice Notes, Creating Places, Designing Streets,
National Roads Development Guide and a series of Circulars. 
Planning Advice Notes
The following Scottish Government Planning Advice Notes (PANs) and Guidance
Documents are of relevance to the proposal:
 PAN 40 Development Management
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CONSULTATION RESPONSES
No consultations were required
REPRESENTATIONS
No representations were received.
Additional Statements Received:
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
Not Required
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 comprises
NPF4 and the Perth and Kinross Local Development Plan 2019.  The relevant policy
considerations are outlined in the policy section above and are considered in more
detail below.  In terms of other material considerations, involving considerations of
the Council’s other approved policies and supplementary guidance, these are
discussed below only where relevant. 
In this instance, Section 64(1) of the Planning (Listed Buildings and Conservation
Areas) (Scotland) Act 1997 is relevant and requires planning authorities to pay
special attention to the desirability of preserving or enhancing the character or
appearance of the designated conservation area.
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
Alterations to an existing residential property are generally considered to be
supportable in principle.  Nevertheless, consideration must be given to the scale,
form, massing, design, position, proportions, and external finishes of the proposed
development, within the context of the application site, and whether it would have an
adverse impact upon visual or residential amenity.
Assessment of the proposal against the relevant policies is provided below.
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Design, Visual Amenity and Conservation Considerations
Currently, the application property has white timber framed sash and case windows.
The existing windows are an asset to the character and appearance of the building
and the surrounding area.
For replacement windows in conservation areas, the Placemaking Supplementary
Guidance advises the following:
 Ensure that replacement windows on the front and all sides of the building
visible to the public match the original as closely as possible.
 If windows have deteriorated to the extent that repair is no longer viable,
replacement windows should replicate the original in every respect. They
should be fitted in the same plane as the originals, made up of timber sections
(the profile and dimension of which match the originals), and have the
meeting rails in the same position as the originals.
 Where the work relates to a tenement or flat it should be ensured that new
windows are in keeping with the original scheme, in order to retain uniformity.
 Take the opportunity of installing appropriate new windows where the existing
windows are modern replacements not in keeping with the building or area.
The proposed replacement windows are double glazed with white uPVC frames. On
the southwest (front) elevation which is visible from the public realm, the central
window in the bay window is to have two fixed panes and a central astragal that is
69mm wide. The windows on each side of the bay window are to have top-hung
opening upper and lower sections, resulting in the uPVC across the middle of these
windows being 161mm wide. To the right of the front door, the proposed window is
to have a fixed upper pane and a top-hung opening lower section, resulting in the
uPVC across the middle of this window being 116mm wide.
The frames down the sides of the central bay window are 50mm wide, whilst the
frames down the sides of the two windows on the sides of the bay are 93mm wide.
The frames down the sides of remaining window are 55mm wide for the upper
section and 97mm wide for the lower section.
The change from timber to uPVC frames; the change from sash and case to a mix of
fixed pane and top-opening; and the variations in the widths of the framing are
detrimental to the traditional character of the application property and are detrimental
to the character and appearance of the surrounding conservation area.
The three other flats in the building have replacement windows that detract from the
character of the building and the area. The presence of these windows does not
give justification for the installation of inappropriate windows in the application
property. Indeed, if the windows in the other flats were to be replaced, there would
be an expectation that they would be upgraded to match the existing sash and case
windows in the current application property.
It is proposed to replace one window on the northeast (rear) elevation of the
application property. The proposed window is to have a fixed upper pane and a top-
hung opening lower section, which does not replicate the existing window. However,
as it is on the rear of the building in a location that is not highly visible, the proposed
window on the northeast (rear) elevation is acceptable.
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Due to impacts associated with the proposed windows on the southwest elevation,
the proposal is contrary to Policies 7(d), 14(a) and 16(g)(i) of NPF4 and contrary to
Policies 1A, 1B and 28A of LDP2.
Residential Amenity
Due to the nature of the proposal, the proposal does not affect the residential
amenity of the application property or neighbouring properties.  As such, the
proposal is in accordance with Policy 16(g)(ii) of NPF4 and Policy 17 of LDP2.
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 minimal and limited to the
construction phase of the development.
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.
Reasons for Refusal
1. The proposed windows on the southwest elevation, by virtue of their uPVC
frames, opening methods and varying frame widths, are detrimental to the
character and appearance of the Crieff Conservation Area. 
Approval would therefore be contrary to Policy 7(d) Historic Assets and
Places of the National Planning Framework 4, contrary to Policy 28A
Conservation Areas: New Development of the Perth and Kinross Local
Development Plan 2, and contrary to the Perth & Kinross Placemaking
Supplementary Guidance 2020.
2. The proposed windows on the southwest elevation, by virtue of their uPVC
frames, opening methods and varying frame widths, have not been designed
to improve the quality of the urban area. 
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Approval would therefore be contrary to Policy 14(a) Design, Quality and
Place of the National Planning Framework 4.
3. The proposed windows on the southwest elevation, by virtue of their uPVC
frames, opening methods and varying frame widths, have a detrimental
impact on the character and environmental quality of the application property
and the surrounding area. 
Approval would therefore be contrary to Policy 16(g)(i) Quality Homes of the
National Planning Framework 4
4. The proposed windows on the southwest elevation, by virtue of their uPVC
frames, opening methods and varying frame widths, do not respect the
traditional character of the existing flat. 
Approval would therefore be contrary to Policy 1A: Placemaking of the Perth
and Kinross Local Development Plan 2.
5. The proposed windows on the southwest elevation, by virtue of their uPVC
frames, opening methods and varying frame widths, do not complement their
surroundings. 
Approval would therefore be contrary to Policy 1B(c) Placemaking of the Perth
and Kinross Local Development Plan 2.
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
None
Procedural Notes
Not Applicable.
PLANS AND DOCUMENTS RELATING TO THIS DECISION
01
02
03
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