(a) Notice of Review and supporting documents (Pages 167-194)
Perth and Kinross Council · 11 September 2023
Back to Local Review Body — 11 September 2023 and its agenda
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4(iii)(a) LRB-2023-27 LRB-2023-27 23/00252/FLL – Alterations to dwellinghouse, formation of vehicular access, alterations to rear vehicular access and installation of gates, Morven, Balmoral Road, Rattray, Blairgowrie, PH10 7AF PAPERS SUBMITTED BY THE APPLICANT
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Notice of Review Page 1 of 5 13/03/2023 NOTICE OF REVIEW UNDER SECTION 43A(8) OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED)IN RESPECT OF DECISIONS ON LOCAL DEVELOPMENTS THE TOWN AND COUNTRY PLANNING (SCHEMESOF DELEGATION AND LOCAL REVIEW PROCEDURE) (SCOTLAND) REGULATIONS 2013 THETOWN ANDCOUNTRYPLANNING (APPEALS)(SCOTLAND)REGULATIONS2008 IMPORTANT: Please read and follow the guidance notes provided when completing this form. Failure to supply all the relevant information could invalidate your notice of review. Use BLOCK CAPITALS if completing inmanuscript Applicant(s) Agent (if any) Name Address Postcode Contact Telephone 1 ContactTelephone2 Fax No E-mail* Name Address Postcode Contact Telephone 1 ContactTelephone2 Fax No E-mail* Mark this box to confirm all contact should be through this representative: X Yes No * Do you agree to correspondence regarding yourreview being sent by e-mail? Planning authority Planning authority’sapplication reference number Site address Description of proposed development Date of application Date of decision (if any) X 19/05/2023 Alterations to install roof windows and access gates MORVEN, BALMORAL ROAD, RATTRAY, PH10 7AF 23/00252/FLL PERTH AND KINROSS namacleod@aol.com 18WALNUTGROVE BLAIRGOWRIE PH10 6TH MORVEN, BALMORAL ROAD, RATTRAY PH10 7AF NORMAN A MACLEODMR AND MRS J ADAMS 07884177328
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Notice of Review Page 2 of XX5 Note. This notice must be served on the planning authority within three months of the date of the decision notice or from the date of expiry of the period allowed for determining the application. Nature of application 1. Application for planning permission (including householderapplication) 2. Application for planning permission in principle 3. Further application (including development that has not yet commenced and where a time limit has been imposed; renewal of planning permission; and/or modification, variation or removal of a planning condition) 4. Application for approvalof matters specified in conditions Reasons for seeking review 1. Refusal of application by appointed officer 2. Failure by appointed officer to determine the application within the period allowed for determination of the application 3. Conditions imposed on consent by appointed officer 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. Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may tick more than one box if you wish the review to be conducted by a combination of procedures. 1. Further written submissions 2. One or more hearing sessions 3. Site inspection 4 Assessment of review documents only, with no furtherprocedure If you have marked box1 or 2, please explain herewhich of the matters (as set out in your statementbelow) you believe ought to be subject of that procedure, and why you consider further submissions or a hearing are necessary: Site inspection In the event that the Local Review Body decides to inspect the review site, in your opinion: Yes No NOT APPLICABLE
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Notice of Review Page 3 of 5 1. Can the site be viewed entirely from public land? 2 Is it possible for the site to be accessed safely, and without barriers to entry? If there are reasons why you think theLocal Review Body would be unable to undertake an unaccompanied site inspection, please explain here: Statement 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. Note: 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. If the Local Review Body issues a notice requesting further information from any other person or body, you will have a period of 14 days in which to comment on any additional matter which has been raised by that person or body. State here the reasons for your notice of review and all matters you wish to raise. If necessary, this can be continued or provided in full in a separate document. You may also submit additional documentation with this form. NOT APPLICABLE PLEASE SEE THE ATTACHED SEPARATE DOCUMENTS – 1. NOTICE OF REVIEW APPEAL STATEMENT 2. NOTICE OF REVIEW SUBMISSION APPENDIX
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Notice of Review Page 4 of 5 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 boxbelow, why you are raising newmaterial, why it was not raised with the appointed officerbefore yourapplication wasdetermined and why you considerit should nowbe considered in your review. List of documents and evidence 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. Note. The planning authority will make a copy of the notice of review, the review documents and any notice of the procedure of the review available for inspection at an office of the planning authority until such time as the review is determined. It may also be available on the planning authority website. Checklist Please mark the appropriate boxes to confirm you have provided all supporting documents and evidence relevant to your review: Full completion of all parts of this form Statement of your reasons for requiring a review All documents, materials and evidence which you intend to rely on (e.g. plans and drawings or other documents) which are now the subject of this review. NOT APPLICABLE NOTICE OF REVIEWAPPEAL STATEMENT NOTICE OF REVIEW SUBMISSION APPENDIX PLANNING APPLICATION DRAWINGS AND SUPPORTING STATEMENT
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Notice of Review Page 5 of 5 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 from that earlier consent. Declaration I the applicant/agent [delete as appropriate] hereby serve notice on the planning authority to review the application as set out on this form and in the supporting documents. Signed Date 03/08/2023
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NOTICE OF REVIEW WRITTEN STATEMENT FOR PLANNING REFERENCE 23/00252/FLL Introduction The Planning application was submitted to undertake various alterations to the property including the formation of accesses. As mentioned in my Supporting Statement with the Planning Application the following is an extract: Current Accessibility, Vehicular Parking and Vehicular Access Gates The current means of access to the property is via the rear external courtyard door directly from Balmoral Road and also from Riverside Road via gates having a width of 2.759m. From the Balmoral Road entrance there are 2 steps down into the courtyard and from Riverside Road there are several flights of external steps up to the house. Additionally, the availability of vehicular parking is limited to the public road on Balmoral Road or Riverside Road which involves traversing the several flights of external steps. In current terms the house would be classed as ‘inaccessible’ due to the steps involved. In order to improve accessibility, it is proposed to increase the existing gate width on Riverside Road to 5m and the formation of a new vehicular access via a new electric sliding gate and a 4m opening in the stone boundary wall on Balmoral Road. As can be verified on the Google Map all neighbouring properties on the same side of Balmoral Road have vehicular access already installed. Morven has the added advantage that it is located in the centre of a slight bend in Balmoral Road, thereby providing the longest sight lines in both directions. In terms of turning and parking at the proposed Balmoral Road entrance there is sufficient space to allow 2 vehicles to park and sufficient space within the existing rear courtyard and to the side to allow entering and exit in a forward gear as indicated on the Proposed Ground Floor Plan. In similarity with some of the neighbouring properties the applicant is proposing to install mirrors to each side of the opening in the stone wall. With permission to form the vehicular access from Balmoral Road, this would significantly improve accessibility and also provide inclusivity for wheelchair users. This is a current issue for a relative of the applicant and is the principal reason for the submission of the application. Reasons for Refusal are as follows: It has not been demonstrated that the vehicular access onto Balmoral Road can achieve satisfactory lines of sight for drivers leaving the property. Accordingly, the access would create an unacceptable adverse impact on road traffic safety. Therefore, the proposal is contrary to Policy 60B(a) of Perth & Kinross Local Development
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Plan 2 2019, which requires that development proposals are designed for the safety and convenience of all potential users. With regards to the specific requirements, I was copied into the following email which relates to the visibility splays although no mention has been made of the document from which it has been extracted: From: Lachlan MacLean Sent: 12 May 2023 08:41 To: Keith Stirton > Subject: RE: Morven, Balmoral Road, Rattray Ref: 23/00252/FLL Dear Keith, I have taken the opportunity to review the visibility splays that have been provided for the site and can provide the following comments: The visibility splay shall be a distance of 43 metre in both directions to the left and right of the property; The splay shall be shown from 2.4 metres back from the edge of the public road network; The splay shall be drawn to the western side of Balmoral Road, as there are parked cars, vehicle will need to enter the opposing side to pass them. Can the drawings be amended to show the splay requirements above. I am currently not in a position to support this application. Thanks and best regards, Lachlan The last bullet point makes compliance with splay requirements even more difficult to achieve. Comparison of compliance of visibility splays with adjoining public roads and neighbouring properties Following receipt of the refusal and in preparation of the appeal I surveyed the local adjoining public roads and neighbouring properties to assess how compliant they are with the above visibility splay measurements. It turns out that none are compliant not even Victoria Street, Balmoral Lane and Middle Road. Please see the Location Plan of the properties surveyed. Additionally, the proposal is not the worst-case scenario as the property is at the bend in the road which maximises the visibility in both directions in comparison to the neighbouring properties and roads. Therefore, the refusal, whilst not being compliant with the above-mentioned visibility splays, appears to be unjust as none of the neighbouring properties and roads are compliant with the measurements requested.
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NOTICE OF REVIEW SUBMISSION APPENDIX FOR MORVEN, BALMORAL ROAD, RATTRAY PH10 7AF List of documents 1. Drawing 7B Exisng and proposed elevaons to Balmoral Road 2. Drawing 9 Exisng and Proposed Block Plan with sight lines 3. Drawing 1 Exisng and Proposed Plans 4. Drawing 2 Exisng Plans and Elevaons 5. Google map 6. Locaon Plan 7. Locaon Plan annotated with non-compliant neighbouring properes and road juncons 2.4m back from the public road edge and 43m sight line 8. Noce of Review Appeal Statement 9. Drawing 3B Proposed Ground Floor Plan showing inial sight lines, parking, turning and exit in a forward gear 10. Drawing 10 Secon through the stone wall and railings 11. Supporng Statement and photos 12. Velux Conservaon roof windows brochure 13. Drawing 5 Wall and gates facing Riverside Road
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NORMAN A MACLEOD namacleod@aol.com Tel: 07884177328 DRAWING REF:EXISTING AND PROPOSED ELEVATIONS OF ACCESS GATES TO BALMORAL ROAD PAPER SIZE: A1 DATE:FEB2023 SCALE:1TO50 DRAWING NO:7 REVISION:B PROJECT: PROPOSED ALTERATIONS TO MORVEN, BALMORAL ROAD, RATTRAY PH10 7AF
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NORMAN A MACLEOD namacleod@aol.com Tel: 07884177328 DRAWING REF: PROPOSED BLOCK PLAN WITH SIGHT LINES PAPER SIZE: A1 DATE:APRIL 23 SCALE:1TO500 DRAWING NO:9 REVISION: PROJECT: PROPOSED ALTERATIONS TO MORVEN, BALMORAL ROAD, RATTRAY PH10 7AF
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NORMAN A MACLEOD namacleod@aol.com Tel: 07884177328 DRAWING REF: EXISTING AND PROPOSED BLOCK PLANS PAPER SIZE: A1 DATE:FEB 2023 SCALE:1TO200 DRAWING NO:1 REVISION:A PROJECT: PROPOSED ALTERATIONS TO MORVEN, BALMORAL ROAD, RATTRAY PH10 7AF 2 ROOF WINDOWS
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NORMAN A MACLEOD namacleod@aol.com Tel: 07884177328 DRAWING REF: EXISTING FLOOR PLANS AND ELEVATIONS PAPER SIZE: A1 DATE:FEB 2023 SCALE:1TO100 DRAWING NO:2 REVISION: PROJECT: PROPOSED ALTERATIONS TO MORVEN, BALMORAL ROAD, RATTRAY PH10 7AF
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Imagery ©2023 CNES / Airbus, Maxar Technologies, Map data ©2023 10 m MORVEN BALMORAL ROAD RATTRAY PH10 7AF
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18/02/2023 MORVEN, BALMORAL ROAD, RATTRAY, PH10 7AF Scale: 1:2500 | Area 4Ha | Grid Reference: 318053,745646 | Paper Size: A4 Mapping contents © Crown copyright and database rights 2023 Ordnance Survey 100035207 RIVERSIDE ROAD
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18/02/2023 MORVEN, BALMORAL ROAD, RATTRAY, PH10 7AF Scale: 1:2500 | Area 4Ha | Grid Reference: 318053,745646 | Paper Size: A4 Mapping contents © Crown copyright and database rights 2023 Ordnance Survey 100035207 RIVERSIDE ROAD Victoria Street - non compliant Balmoral Lane - non compliant Middle Road - non compliant n/c n/c n/c n/c n/c n/c n/c n/c n/c n/c n/c n/c n/c n/c non-complant accesses 2.4m back from public road edge with a sight line of 43m
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NORMAN A MACLEOD namacleod@aol.com Tel: 07884177328 DRAWING REF:VERTICAL CROSS-SECTION THROUGH STONE WALL AND RAILING PAPER SIZE: A1 DATE:APRIL 23 SCALE:1TO10 DRAWING NO:10 REVISION: PROJECT: PROPOSED ALTERATIONS TO MORVEN, BALMORAL ROAD, RATTRAY PH10 7AF
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1 SUPPORTING STATEMENT & PHOTOS Introduction Morven is the name of the property that is the subject of the Planning application and is located between Balmoral Road and Riverside Road, Rattray. The building comprises of a 2-storey stone built house and attached single storey ancillary accommodation and outbuilding. All roofs are pitched with a slate finish and all boundary walls are stone. The property is not listed although it is located within the Blairgowrie and Rattray conservation area. Proposed Alterations The proposals include the following: 1. Formation of a slapping between the kitchen and sitting room in the ground storey; 2. Formation of an ensuite and dressing room in the upper storey. 3. Installation of 2No conservation velux roof windows code MK06. 4. Increasing the width of the vehicular access gate to Riverside Road. 5. Formation of a vehicular access gate to Balmoral Road. Current Accessibility, Vehicular Parking and Vehicular Access Gates The current means of access to the property is via the rear external courtyard door directly from Balmoral Road and also from Riverside Road via gates having a width of 2.759m. From the Balmoral Road entrance there are 2 steps down into the courtyard and from Riverside Road there are several flights of external steps up to the house. Additionally, the availability of vehicular parking is limited to the public road on Balmoral Road or Riverside Road which involves traversing the several flights of external steps. In current terms the house would be classed as ‘inaccessible’ due to the steps involved. In order to improve accessibility, it is proposed to increase the existing gate width on Riverside Road to 5m and the formation of a new vehicular access via a new electric sliding gate and a 4m opening in the stone boundary wall on Balmoral Road. As can be verified on the Google Map all neighbouring properties on the same side of Balmoral Road have vehicular access already installed. Morven has the added advantage that it is located in the centre of a slight bend in Balmoral Road, thereby providing the longest sight lines in both directions. In terms of turning and parking at the proposed Balmoral Road entrance there is sufficient space to allow 2 vehicles to park and sufficient space within the existing rear courtyard and to the side to allow entering and exit in a forward gear as indicated on the Proposed Ground Floor Plan. In similarity with some of the neighbouring properties the applicant is proposing to install mirrors to each side of the opening in the stone wall. With permission to form the vehicular access from Balmoral Road, this would significantly improve accessibility and also provide inclusivity for wheelchair users. This is a current issue for a relative of the applicant and is the principal reason for the submission of the application.
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2 Riverside Road photos
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5 Balmoral Road photos
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NORMAN A MACLEOD namacleod@aol.com Tel: 07884177328 DRAWING REF: PLAN AND ELEVATIONS OF WALL AND GATES FACING RIVERSIDE ROAD PAPER SIZE: A1 DATE:FEB 2023 SCALE:1TO50 DRAWING NO:5 REVISION: PROJECT: PROPOSED ALTERATIONS TO MORVEN, BALMORAL ROAD, RATTRAY PH10 7LF
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