(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 35-108)
Perth and Kinross Council · 11 September 2023
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4(i)(b) LRB-2023-24 PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS LRB-2023-24 22/02096/FLL – Erection of a dwellinghouse, land 70 metres south east of Mylnefield House, Invergowrie
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REPORT OF HANDLING DELEGATED REPORT Ref No 22/02096/FLL Ward No P1- Carse Of Gowrie Due Determination Date 24th April 2023 Draft Report Date 21st April 2023 Report Issued by JF Date 21/04/2023 PROPOSAL: Erection of a dwellinghouse LOCATION: Land 70 Metres South East Of Mylnefield House Invergowrie 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 on land 70metres South East of Mylnefield House, Invergowrie, on an area which is heavily vegetated with mature trees. The application seeks detailed planning permission for the erection of a dwellinghouse. The proposed dwellinghouse is a detached 3 bedroomed bungalow and is located to the South of the site. The application follows on from a refusal ref 21/01825/FLL which was considered contrary to Housing the Countryside Policy Category 1 and 2 with additional reasons in relation to trees. SITE HISTORY 21/00793/FLL Erection of a dwellinghouse 14 June 2021 21/01360/FLL Erection of a dwellinghouse 3 September 2021 21/01825/FLL Erection of a dwellinghouse 22 December 2021 Application Refused 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).
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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 1: Tackling the Climate and Nature Crisis Policy 3: Biodiversity Policy 6: Forestry, Woodland and Trees Policy 29: Rural Development 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 19: Housing in the Countryside Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development Policy 41: Biodiversity Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development 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 Statutory Supplementary Guidance • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2020) • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Housing in the Countryside (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020)
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OTHER POLICIES Non Statutory Guidance • Planning Guidance - Planning & Biodiversity 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. National Roads Development Guide 2014 This document supports Designing Streets and expands on its principles and is considered to be the technical advice that should be followed in designing and approving of all streets including parking provision. CONSULTATION RESPONSES Scottish Water No objection Transportation And Development No objection Development Contributions Officer No contribution required Dundee Airport Ltd No objection Perth And Kinross Heritage Trust No objection 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 Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Submitted
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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. 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 designated settlement boundary. As such, Policy 6 'Settlement Boundaries' is directly applicable. Policy 6 specifies that development will not be permitted, except within the defined settlement boundaries which are defined by a settlement boundary in the Plan. However, through Policy 19 'Housing in the Countryside', it is acknowledged that opportunities do exist for housing uses in rural areas to support the viability of communities, meet development needs in appropriate locations while safeguarding the character of the countryside as well as ensuring that a high standard of siting and design is achieved. Thus the development of single units or groups of units which fall within the six identified categories will be supported. The Council will support proposals for the erection, or creation through conversion, of single units and groups of units in the countryside which fall into at least one of the following categories: 1) Building Groups 2) Infill site 3) New houses in the 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 previous application was considered under category 1 'Building Groups' and category 2 'Infill Sites'. The proposal was considered not to comply with these categories. Within the supporting statement the agent considers the site would comply with Category 3.1 Existing Gardens (a). This policy states that proposals for a new house or houses within the original garden ground associated with an existing country or estate house will be supported providing that there is an appropriate landscape setting and additional development will not fundamentally affect the qualities and integrity of the site, particularly where the house is a listed building or falls within a Historic Garden or Designed Landscape. A country or estate house is defined as a
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large house set within its own estate or extensive grounds. This section does not apply to domestic scale gardens or where gardens have been created at a later date, for example, by the change of use of agricultural land to garden ground. The submission is supported by historic maps which show in 1891 there was an extensive dwelling sited to the west of the application site with a long drive providing access, there is an additional building to the north which may have served as ancillary to the original estate/country house. In the 1959 map the house is no longer present with the ancillary building now forming ‘Mylnefield’. In a 1970 map some ancillary development of this house has taken place to the south. In addition the plans submitted for the proposal show the full extent of the land ownership which is proportionate to the scale of the house but not considered for the purposes of the policy to constitute a country or estate house set within its own estate or extensive grounds. It is also appears from the maps that this area was wooded and not laid out as gardens these lie to the west. It is also considered that in this case the commencement of a development for an ancillary building does not justify the erection of a dwelling which will be required to have its own access and usable amenity space within a contained plot. In summary, it is considered that the proposal would not comply with Category 3.1 and therefore the principle of the development is not supported under this category. Design and Layout The dwelling proposed is modest and simple in form/design. It is single storey finished with a mock slate roof and the walls will be finished in a smooth white wet dash render. The windows and doors will be white uPVC units. All rainwater goods will be black uPVC. A new set of electronic gates are proposed at the end of the new driveway. There are no significant concerns regarding the design however it’s unfortunate that some traditional detailing or materials. Residential Amenity The location of the proposed dwellinghouse is remote from any other residential receptor, therefore it is considered that there will be no loss of amenity. There is also sufficient amenity ground provided for the scale of the proposed dwellinghouse however it should be noted that the tree report submitted highlights the level of tree cover and shading arcs would have impacted the use of the amenity space and may have lead to tree removal by future occupants. Roads and Access The proposal incorporates a large driveway which connects to the existing access road. The driveway has parking facilities for at least 2 vehicles and turning facilities to allow for all vehicles to exit the site in a forward gear. These arrangements are considered suffice for the level of traffic likely to be generated by the proposed development. The Council's Transport Planning Team have been consulted.
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Transport Scotland were not consulted as the proposal did not meet the thresholds for consultation. It is therefore considered that there are no roads or access implications, and the proposal complies with Policy 60B 'Transport Standards and Accessibility Requirements'. Conservation Considerations Perth & Kinross Heritage Trust (PKHT) were consulted as part of this application and have no objection to offer, subject to conditional control regarding archaeology. This is due to the archaeological sensitivity of the Carse of Gowrie area. The recommended condition would ensure compliance with Policy 26B 'Scheduled Monuments and Archaeology: Archaeology'. Natural Heritage and Biodiversity The site is currently woodland and has a significant number of mature trees present. Policy 40B 'Forestry, Woodland and Trees: Trees, Woodland and Development' requires that a Tree Survey is submitted by a suitably qualified professional where there are existing trees on the site. This application is accompanied by a tree survey, but this does not appear to directly relate to the site plan submitted. The site plan shows trees which are not in the tree survey and vice versa for example there is a soakaway proposed to the west of the dwelling which would lie within a tree RPA , this tree is not on the site plan. The proposal is therefore still contrary to Policy 40 as the tree report submitted does not detail how the dwelling, soakaway and access road which all lie within RPAs can be constructed and that there is no plan showing how the tree protection in line with the RPAs could be erected and maintained during construction. Drainage and Flooding The site is not located within an area of identified flood risk and the proposals are not considered to increase the risk of flooding or create any drainage implications. A surface water drainage plan, soakaway calculations and percolation test results have been submitted which demonstrate compliance with Policy 53C 'Water Environment and Drainage: Surface Water Drainage'. However the soakaway is located within the root protection area of tree and as noted the tree report plans (showing tree locations and RPAs) does not match up with the site plan submitted. Developer Contributions The Developer Contributions Guidance is not applicable to this application and therefore no contributions are required in this instance.
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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 'Housing in the Countryside' of the Perth and Kinross Local Development Plan 2 (2019) and the Council's Housing in the Countryside Supplementary Guidance 2020, as it does not comply with any of the categories of the policy guidance. In particular the site is not considered for the purposes of the policy to form part of a country or estate house set within its own estate or extensive grounds 2 The proposal is contrary to Policy 17 Rural Homes of National Planning Framework 4 as the proposal does not meet any of the criteria within the policy. 3 The proposal is contrary to Policy 40B 'Forestry, Woodland and Trees'' of the Perth and Kinross Local Development Plan 2 (2019), as insufficient information has been submitted with regards to the existing trees on the site. The tree survey submitted does not detail the development as proposed and how it can be constructed with tree protection measures win place and without damage to tree roots as works are proposed within the root protection areas for a number of trees.
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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 N/A Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 05 06 07 08 09 10 11 12 13 14
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Page 1 of 7 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 100608426-001 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. Type of Application What is this application for? Please select one of the following: * Application for planning permission (including changes of use and surface mineral working). Application for planning permission in principle. Further application, (including renewal of planning permission, modification, variation or removal of a planning condition etc) Application for Approval of Matters specified in conditions. Description of Proposal Please describe the proposal including any change of use: * (Max 500 characters) Is this a temporary permission? * Yes No If a change of use is to be included in the proposal has it already taken place? Yes No (Answer ‘No’ if there is no change of use.) * Has the work already been started and/or completed? * No Yes – Started Yes - Completed 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 Erection of dwelling house land 70 m South East of Mylnefield House, Invergowrie
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Page 2 of 7 Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * Building Name: Building Number: 85 First Name: * Last Name: * 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 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: * Mr Jim Mark Lough Harris Riverside Gardens07771970537 G83 3QD Alexandria Balloch jim@jimlough.co.uk 2
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