(a) Notice of Review and supporting documents (Pages 125-156)
Perth and Kinross Council · 11 September 2023
Back to Local Review Body — 11 September 2023 and its agenda
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4(ii)(a) LRB-2023-26 LRB-2023-26 23/00655/FLL - Alterations and extension to dwellinghouse, Gean Tree Cottage, Rait, Perth, PH2 7SA PAPERS SUBMITTED BY THE APPLICANT
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REPORT OF HANDLING DELEGATED REPORT Ref No 23/00655/FLL Ward No P1- Carse Of Gowrie Due Determination Date 15th July 2023 Draft Report Date 20th June 2023 Report Issued by KS Date 20th June 2023 PROPOSAL: Alterations and extension to dwellinghouse LOCATION: Gean Tree Cottage Rait Perth PH2 7SA 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 Gean Tree Cottage is the former laundry building at Fingask Castle, which is presently used for holiday let accommodation. This application seeks detailed planning permission for the erection of an extension on the northwest elevation. SITE HISTORY None PRE-APPLICATION CONSULTATION Pre application Reference: Not requested. 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. 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 4: Natural Places
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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 1A: Placemaking Policy 1B: Placemaking Policy 2: Design Statements Policy 29: Gardens and Designed Landscapes Policy 39: Landscape Statutory Supplementary Guidance Supplementary Guidance - Landscape (adopted in 2020) Supplementary Guidance - Placemaking (adopted in 2020) 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 PAN 68 Design Statements 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
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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 Historic Environment Scotland No comments INTERNAL COMMENTS Conservation Team The proposed extension would dominate the existing modest cottage. The proposed material of vertical boards is unsympathetic to the stone cottage as are the vertically proportioned windows and roof form. The siting of the extension, to the front of the cottage would dominate views when approached from the north-west of the garden. Overall, the proposal would be overbearing in size to the modest cottage with unsympathetic details and materials. REPRESENTATIONS No letters of representation have been received in relation to this proposal. ADDITIONAL STATEMENTS Screening Opinion EIA Not Required 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 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.
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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 and extensions to an established holiday let are generally considered to be acceptable in principle. Nevertheless, consideration must be given to the scale, form, massing, design, position, proportions and external finishing materials of the proposed development, within the context of the application site, and whether it would have an adverse impact upon visual amenity, the character and appearance of the place or the special interest of the category B-listed building. Design and Layout Gean Tree Cottage is the former laundry building at Fingask Castle, which is presently used for holiday let accommodation. The stone-built cottage is of modest proportions, and it has a T-plan footprint with timber sash and case windows and pitched slate roofs. The laundry building is within the curtilage of the category B- listed castle, and it directly served the function of the castle. The laundry building (not known as Gean Tree Cottage) meets all tests associated with being listed by association with the castle; the cottage is therefore B-listed itself. This application seeks detailed planning permission for the erection of an extension on the northwest elevation. The proposed extension projects 6.3 metres from the northwest elevation and measures 5.6 metres in width. The proposed extension has a pitched slate roof with a half-hip. It would have a recessed, open-sided entrance porch canopy and it would be finished in vertically lined timber cladding, with single- pane windows of varying proportions. No equivalent application for listed building consent has been submitted. Visual Amenity and Conservation Considerations As noted above, the building is of modest proportions. The proposal to add a third bedroom, with en-suite, porch and lobby corridor would be a significant addition to a building of such modest proportions. It would also disrupt the symmetry of the T-plan footprint, and its roof design, external finishing materials and window proportions are at odds with the host building. The proposed extension results in an awkward addition which is unsympathetic to the traditional character and architectural and historic interest of the category B-listed former laundry building. Refusal would therefore be in line with Policy 14(c) of National Planning Framework 4. Furthermore, approval would be contrary to Policies 7(c), 14(a)+(b) of National Planning Framework 4, Policies 1A and 1B(c) of Perth and Kinross Local Development Plan 2 2019 and Perth & Kinross Council's Placemaking Guide 2020, which seek to ensure that development contributes positively to the quality of the surrounding built environment in terms of design, proportions and appearance, in order to respect the character and amenity of the place and to safeguard listed buildings from inappropriate development.
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Landscape The application site is also located within the Sidlaw Hills Local Landscape Area and within the Garden and Designed Landscape of Fingask Castle. Given the concerns noted above with respect to design, proportions, finishing materials and adverse impact on the listed building, the proposal would also not protect and enhance the integrity of the Fingask Castle Garden and Designed Landscape. Approval would therefore be contrary to Policies 4(d) and 7(i) of National Planning Framework 4 and Policies 29 and 39 of Perth & Kinross Local Development Plan 2 2019, which seek to protect and enhance the integrity of designated Garden and Designed Landscapes and Local Landscape Areas. Residential Amenity The proposed development would not have an adverse impact upon surrounding residential amenity. Roads and Access There are no road or access implications associated with this proposed development. Drainage and Flooding There are no significant drainage or flooding implications associated with this proposed development. 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
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would justify overriding the Development Plan. Accordingly, the proposal is refused on the grounds identified below. Reasons for Refusal 1 The extension, by combination of its proportions, position, design and external finishing materials, would result in an awkward addition which is unsympathetic to the traditional character and architectural and historic interest of the category B-listed former laundry building. Refusal would therefore be in line with Policy 14(c) of National Planning Framework 4. Furthermore, approval would be contrary to Policies 7(c), 14(a)+(b) of National Planning Framework 4, Policies 1A and 1B(c) of Perth and Kinross Local Development Plan 2 2019 and Perth & Kinross Council's Placemaking Guide 2020, which seek to ensure that development contributes positively to the quality of the surrounding built environment in terms of design, proportions and appearance, in order to respect the character and amenity of the place and to safeguard listed buildings from inappropriate development. 2 The extension, by combination of its proportions, position, design and external finishing materials, would have an adverse impact on the character and appearance of the designated Garden and Designed Landscape of Fingask Castle and the Sidlaw Hills Local Landscape Area. Approval would therefore be contrary to Policies 4(d) and 7(i) of National Planning Framework 4 and Policies 29 and 39 of Perth & Kinross Local Development Plan 2 2019, which seek to protect and enhance the integrity of designated Garden and Designed Landscapes and Local Landscape Areas. 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 Gean Tree Cottage is the former laundry building at Fingask Castle, and it is listed by association. If a suitable alternative scheme is achieved, it will also require listed building consent. Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 05
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