Item 4(ii) LRB-2023-21
Perth and Kinross Council · 14 August 2023
Back to Local Review Body — 14 August 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-2023-21 LRB-2023-21 23/00116/FLL - Extension to ancillary accommodation, 6 Main Street, Keltybridge, Kelty, KY4 0JH INDEX (a) Papers submitted by the Applicant (Pages 85-124) (b) Decision Notice (Pages 127-130) Report of Handling (Pages 131-140) Reference Documents (Pages 141-150) (c) Representations (Pages 151-156) 83
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4(ii)(a) LRB-2023-21 LRB-2023-21 23/00116/FLL - Extension to ancillary accommodation, 6 Main Street, Keltybridge, Kelty, KY4 0JH PAPERS SUBMITTED BY THE APPLICANT 85
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4(ii)(b) LRB-2023-21 LRB-2023-21 23/00116/FLL - Extension to ancillary accommodation, 6 Main Street, Keltybridge, Kelty, KY4 0JH PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS 125
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REPORT OF HANDLING DELEGATED REPORT Ref No 23/00116/FLL Ward No P8- Kinross-shire Due Determination Date 27th March 2023 Draft Report Date 14th March 2023 Report Issued by KS Date 14th March 2023 PROPOSAL: Extension to ancillary accommodation LOCATION: 6 Main Street Keltybridge Kelty KY4 0JH 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 6 Main Street, Keltybridge, which is a stone-built property that has a distinctive traditional appearance. This application seeks detailed planning permission for alterations and extensions to the north. The application follows a recently refused application for an extension of relatively similar proportions, Ref: 22/01793/FLL. The previous application was submitted on the basis that it would form an extension to a dwelling, whereas clarification has been provided in this re-submission that the extension is to established ancillary accommodation. SITE HISTORY 11/01947/FLL Alterations to garage to form ancillary accommodation Application Approved – 13 January 2012 Review to delete condition 3 dismissed – 3 May 2012 14/00542/FLL Alterations and extension to garage/ancillary accommodation Application Approved – 25 April 2014 18/00112/UNAUSE Alleged plumbing business operating at house, storage of waste in skip 18/02063/FLL Change of use of ancillary accommodation to flat (in retrospect) Application Refused – 8 January 2019 22/01793/FLL Extension to dwellinghouse Application Refused – 9 December 2022 PRE-APPLICATION CONSULTATION Pre application Reference: Not Applicable. DEVELOPMENT PLAN 131
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The Development Plan for the area comprises National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2 (2019) (LDP2). National Planning Framework 4 The National Planning Framework 4 (NPF4) is the Scottish Government’s long-term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve people’s lives by making sustainable, liveable and productive spaces. NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. The Council’s assessment of this application has considered the following policies of NPF4: Policy 7(a) and (c): Historic assets and places Policy 14: Design, quality and place Policy 16: Quality homes Policy 22: Flood risk and water management 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 17: Residential Areas Policy 27A: Listed Buildings Policy 52: New Development and Flooding Policy 58B: Unstable Land Statutory Supplementary Guidance • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Placemaking (adopted in 2020) Non Statutory Guidance • Planning Guidance - Ancillary & Annex Accommodation 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. 132
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Planning Advice Notes The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 40 Development Management Creating Places 2013 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. CONSULTATION RESPONSES Scottish Water No objections – informative note recommended for any approval. INTERNAL COMMENTS Structures And Flooding No objections – informative note recommended for any approval. Conservation Team Concerns over proportions, scale, detailing, finishes and visually prominent position having an adverse impact upon the historic character and setting of the adjacent category B-listed Kelty Bridge. REPRESENTATIONS No letters of representation have been received in relation to this proposal. ADDITIONAL STATEMENTS Screening Opinion Not Applicable Environmental Impact Assessment (EIA): Environmental Report Not Applicable Appropriate Assessment 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 133
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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 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 Developments which are ancillary to an existing domestic dwellinghouse are generally considered to be acceptable, where they are of appropriate proportions, design, and functional relationship to the host dwelling. In this respect, consideration must be given to whether the proposal would have a suitable physical and functional relationship to the host dwellinghouse and surrounding built environment. Design and Layout The application site relates to ancillary accommodation at 6 Main Street, Keltybridge. The ancillary accommodation sits at right angles to the main adjoining block, which has a similar traditional appearance, albeit with a slate roof and skews instead of pantiles and crow-stepped gables. Detailed planning permission is sought for alterations and extensions to the north of the ancillary accommodation, with a raised terrace and balustrade to the east. The existing ancillary accommodation consists of a bedroom and bathroom at ground floor level, with a lounge and kitchen at first floor level. The proposed floor plan shows that the first-floor lounge would be converted into a second bedroom/shower room, with a 7.23 metre extension forming an open-plan dining room and replacement lounge off the kitchen. There is no internal link between the ancillary accommodation and the host dwelling, which reduces the functional link and allows it to operate as though it is independent. It should also be noted that further ancillary accommodation was historically approved and built above the detached garage to the south of the house, Ref: 11/01947/FLL. This incorporates a lounge, kitchen, bedroom and shower, which also risks this functioning as an independent unit. It was historically under enforcement investigation for being sub-let separately from the house, contrary to condition 3 of 134
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the planning permission. A review of the condition was subsequently dismissed by Local Review Body. Principle Various factors must into account in assessing proposals for ancillary accommodation. These include; the siting, proportions, extent and design of the accommodation, as well as the physical and functional relationship to the host dwellinghouse. The term “ancillary” infers that there should be a strong functional link to the host dwellinghouse, and that it fulfils a minor supplementary function. The rationale is that by minimising the extent of accommodation in the ancillary building, it has more of a functional dependence on the host dwellinghouse. Therefore, the assessment of the ancillary nature of the unit (including its relative proportions and functional relationship to the house) is down to a matter of fact and degree, taking into account the circumstances of the particular site. The Council’s Ancillary and Annex Accommodation 2021 supplementary guidance states that “Proposals should be minimal in size (i.e. normally one bedroom with limited additional living space)”. Two sets of self-contained ancillary accommodation already exist within this planning unit. The ancillary accommodation which is subject to this application has no internal link and it has all facilities associated with an independent unit. Additionally, the ancillary accommodation above the garage has no physical connection to the host dwelling and its functional connection is severely limited as it also has all features associated with an independent unit. The extension to form a two-bedroomed unit within this application constitutes an excessive provision of ancillary accommodation, which would further reduce the functional relationship to the host dwelling. Accordingly, approval would be contrary to Policies 1A, 1B(c) and 17(c) of Perth & Kinross Local Development Plan 2 (2019) and Perth & Kinross Placemaking Guide, which seek to ensure that the density and siting of all developments respects the character and amenity of the place. Furthermore, the proposals are contrary to Perth & Kinross Council’s Ancillary and Annex Accommodation 2021 supplementary guidance, which seeks to ensure that there is a strong functional relationship between ancillary accommodation and the host dwellinghouse and that the extent of ancillary accommodation is reasonable and proportionate. Visual Amenity The stone-built property has a distinctive traditional appearance, with a wall-head dormer window, crow-stepped gables and six-over-six windows. It has a modest sized hipped roof kitchen extension, of modern construction, to the rear (north). The proposed extension has an elongated footprint. When combined with the existing hipped roof kitchen extension, it would project 9.3 metres from the rear elevation of the ancillary accommodation. As the gable end of the property measures 135
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5.64 metres in width, the proposed extension has a disproportionate projection and excessive proportions. The existing kitchen extension has a much more modest projection, which limits its visual impact. Given the height of the lounge/dining room over an excessive projection, and its close proximity to the windows and garden of the host dwellinghouse, the proposed extension would also have a particularly imposing appearance. An attempt has been made to replicate some of the traditional detailing of the host dwellinghouse by incorporating crow-stepped gables. However, the gable end is asymmetrical and the glazing arrangements and keystone lintol details are at odds with the existing building. The design, detailing, proportions and expanse of rendered walling on the proposed extension would appear out of place and out of keeping in the context of this building. Additionally, the raised terrace and associated balustrade would create visual clutter, which is uncharacteristic of the building, in a position which is visible from the public road. Overall, by combination of its excessive projection, uncharacteristic design features and expansive use of rendered finish, the proposal would have a significant adverse impact on the visual amenity of the application site and surrounding built environment. Approval would therefore be contrary to Policies 14(a) and (b) and 16(g) and (h) of NPF4, Perth & Kinross Placemaking Guide 2020 and Policies 1A, 1B(c) and 17(c) of the Perth and Kinross Local Development Plan 2 2019, which seek to ensure that developments contribute positively to the quality of the surrounding built environment in terms of design, proportions, character and appearance, in order to respect the character and amenity of the place. Residential Amenity The proposed extension is within close proximity to the host dwellinghouse to the west and it has been moved closer to the adjacent garden and window than the previously refused proposal. A vertical 45-degree line drawn down from the proposed gutter line on the north elevation now breaches the mid-point of the adjacent window to the west. Additionally, a horizontal 45-degree line drawn back from the north-west point of the roof towards the adjacent window would completely cover the window. Whilst the window is oriented north, this combination of 45-degree line breaches demonstrates that the proposed extension would have a significant and unacceptable adverse impact upon the residential amenity of the adjacent window and garden, in terms of overshadowing in the morning and loss of daylight in general. Whilst it is accepted that the drawings indicate that the host dwellinghouse is also owned by the applicant, it is necessary to consider the residential amenity of the property (not what the present owner may consider acceptable), as the property could be sold at any time. 136
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Approval would therefore be contrary to Policies 14(a) and (b) and 16(g) and (h) of NPF4, Perth & Kinross Placemaking Guide 2020, Perth & Kinross Council’s Ancillary and Annex Accommodation 2021 and Policies 1A, 1B(c) and 17(c) of the Perth and Kinross Local Development Plan 2 2019, which seek protect and where possible improve existing residential amenity. Conservation Considerations The application site is located approximately 30 metres to the northwest of Kelty Bridge over Kelty Burn, a category B-listed structure dating from the 18th century, HES ref: LB5722. The location of the proposed extension, terrace and balustrades can readily be seen from the bridge and is inter-visible with it. Accordingly, given the excessive proportions, unsympathetic design and adverse impact upon visual amenity, the proposed extension would also have a detrimental impact on the setting of the listed bridge. Approval would therefore be contrary to Policy 7(a) and (c) of NPF4 and Policy 27A of Perth and Kinross Local Development Plan 2 2019, which seek to safeguard the setting of listed buildings from inappropriate development. Drainage and Flooding The application site is located within Scottish Environmental Protection Agency’s low-medium flood risk envelope. The Council’s Flooding Team has stated that whilst the site is at risk of fluvial flooding from the Kelty Burn, there is no increase in land use vulnerability. Therefore, the proposed development is considered to be acceptable in terms of flooding, however, the Council’s Flood Risk Guidance should still be taken into account. Coal Mining The application site is located on land which The Coal Authority has identified as being at high risk from former works. However, as the development is of a “householder” type, it is exempt from requiring to be passed to The Coal Authority for consultation and the Standing Advice is applicable. An informative note on the decision notice should raise the applicant’s awareness of potential implications. 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. 137
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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 proposal, in addition to the two existing sets of ancillary accommodation, would result in an excessive provision of ancillary accommodation, which would further reduce the functional relationship to the host dwellinghouse. Refusal would therefore be in line with Policy 14(c) of NPF4 and approval would be contrary to Policies 14(a) and (b) and 16(g) of NPF4, Policies 1A, 1B(c) and 17(c) of Perth & Kinross Local Development Plan 2 (2019) and Perth & Kinross Placemaking Guide, which seek to ensure that the density and siting of all developments respects the character and amenity of the place. Furthermore, the proposals are contrary to Perth & Kinross Council’s Ancillary and Annex Accommodation 2021 supplementary guidance, which seeks to ensure that there is a strong functional relationship between ancillary accommodation and the host dwellinghouse and that the extent of ancillary accommodation is reasonable and proportionate. 2 The proposal, by combination of its prominent location, excessive projection, unsympathetic design and cluttered appearance, results in a development which is unsympathetic to the character of the host building, which would have a detrimental impact upon visual amenity. Approval would therefore be contrary to Policies 14(a) and (b) and 16(g) of NPF4, Perth & Kinross Placemaking Guide 2020 and Policies 1A, 1B(c) and 17(c) of the Perth and Kinross Local Development Plan 2 2019, which seek to ensure that developments contribute positively to the quality of the surrounding built environment in terms of design, proportions, character and appearance, in order to respect the character and amenity of the place. 3 The proposal, by virtue of its excessive proportions, unsympathetic design and cluttered appearance, would have an adverse impact upon the setting of the adjacent category B-listed Kelty Bridge, HES ref: LB5722. Approval would therefore be contrary to Policy 7(a) and (c) of NPF4 and Policy 27A of Perth and Kinross Local Development Plan 2 2019, which seek to safeguard the setting of listed buildings from inappropriate development. 138
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4 The proposal, by virtue of its position, height, orientation and projection, would have an imposing, overbearing and significant adverse impact upon the residential amenity of the adjacent window and garden, in terms of overshadowing in the morning and loss of daylight generally. Approval would therefore be contrary to Policies 14(a) and (b) and 16(g) of NPF4, Perth & Kinross Placemaking Guide 2020, Perth & Kinross Council’s Ancillary and Annex Accommodation 2021 and Policies 1A, 1B(c) and 17(c) of the Perth and Kinross Local Development Plan 2 2019, which seek protect and where possible improve existing residential amenity. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informative Notes 1 The red line site boundary to the west of the extension does not appear to be consistent with the physical boundaries presently on the site or the records held by Register Scotland. 2 The proposed development lies within an area that has been defined by the Coal Authority as containing potential hazards arising from former coal mining activity. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and previous surface mining sites. Although such hazards are seldom readily visible, they can often be present and problems can occur in the future, particularly as a result of development taking place. It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required (for example the need for gas protection measures within the foundations), be submitted alongside any subsequent application for Building Warrant approval (if relevant). Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant safety and engineering risks and exposes all parties to potential financial liabilities. As a general precautionary principle, the Coal Authority considers that the building over or within the influencing distance of a mine entry should wherever possible be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure that a suitable engineering design is developed and agreed with regulatory bodies which takes into account of all the relevant safety and environmental risk factors, including gas and mine-water. Your attention is drawn to the Coal Authority Policy in relation to new development and mine entries available at: www.gov.uk/government/publications/building-on-or-within-the-influencing- distance-of-mine-entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority 139
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Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action. Property-specific summary information on past, current and future coal mining activity can be obtained from: www.groundstability.com or a similar service provider. If any coal mining features are unexpectedly encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority 3 The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk Procedural Notes It is recommended that an updated review is carried out by the Council’s Enforcement Officer, to ensure that the ancillary accommodation units are both being used for their intended purpose and that they are not sold, let or occupied separately from the host dwellinghouse. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 05 06 07 08 09 10 140
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4(ii)(c) LRB-2023-21 LRB-2023-21 23/00116/FLL - Extension to ancillary accommodation, 6 Main Street, Keltybridge, Kelty, KY4 0JH REPRESENTATIONS 151
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