(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 195-210)
Perth and Kinross Council · 11 September 2023
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4(iii)(b) 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 PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS (part included in applicant’s submission, pages177-178, 180, 182 and 184- 193)
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REPORT OF HANDLING DELEGATED REPORT Ref No 23/00252/FLL Ward No P3- Blairgowrie And Glens Due Determination Date 12th May 2023 Draft Report Date 16th May 2023 Report Issued by KS Date 16th May 2023 PROPOSAL: Alterations to dwellinghouse, formation of vehicular access, alterations to rear vehicular access and installation of gates LOCATION: Morven Balmoral Road Rattray Blairgowrie PH10 7AF 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 Morven is an un-listed traditional detached dwellinghouse which is located on Balmoral Road, within the Rattray conservation area. This application seeks detailed planning permission for the installation of roof light windows, the widening of a vehicular access to the west and the formation of a vehicular access with associated gates to the east. SITE HISTORY 22/00124/IPL Erection of a dwellinghouse (in principle) Application Returned – 15 February 2022 PRE-APPLICATION CONSULTATION Pre application Reference: Not Applicable. 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 Policy 16: Quality homes 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 28A: Conservation Areas: New Development Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance Supplementary Guidance - Placemaking (adopted in 2020) 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 PAN 75 Planning for Transport PAN 77 Designing Safer Places
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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. National Roads Development Guide 2014, as amended 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. INTERNAL COMMENTS Transportation And Development Cannot support the proposed vehicular access onto Balmoral Road (A93) due to a lack of visibility raising road traffic safety concerns. REPRESENTATIONS The following comments were made in the 1 letter of representation received: Concerns over the number and type of vehicles on the A93 Lack of visibility leading to road traffic safety concerns on the A93 Civic issues associated with the private lane access Additional Statements Received: 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 Submitted 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
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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. 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 Developments which are incidental to the enjoyment of an existing domestic dwelling are generally considered to be acceptable in principle. Nevertheless, consideration must be given to the specific details of the proposed development, within the context of the application site, and whether it would have an adverse impact upon visual or residential amenity, road traffic safety or the character and appearance of the conservation area. Design and Layout Morven is an un-listed traditional detached dwellinghouse which is located on Balmoral Road, within the Rattray conservation area. This application seeks detailed planning permission for the installation of roof light windows, the widening of a vehicular access to the west and the formation of a vehicular access with associated gates to the east. Visual Amenity and Conservation Considerations The proposed roof light windows are of conservation specification, and they are of appropriate size and alignment so as to minimise their visual impact. The altered opening on the southwest boundary (Riverside Road) would widen the gates from 2.76 metres to 5 metres, whilst replicating the double-gate detail in a sympathetic manner. However, the proposed vehicular access onto the A93 (Balmoral Road) raised concerns with respect to the inappropriate design and materials of the proposed gate and its impact upon the character and appearance of the conservation area. Revised drawings were submitted on 1 May 2023 to lower the boundary wall, form railings on top and to form vehicular access gates from railings instead. This satisfactorily resolved the concerns with respect to adverse impacts upon visual amenity and the conservation area. Roads and Access The revised drawings also sought to demonstrate the sight lines which are capable of being achieved when vehicles exit onto the A93. However, the sight lines have not
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been drawn to, nor achieved, the required standard to address road traffic safety concerns. The required standard includes that; The visibility splay shall be a distance of 43 metres 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. 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 Plan 2 2019, which requires that development proposals are designed for the safety and convenience of all potential users. Residential Amenity The concerns identified in the representation regarding the private lane are noted. However, these are not matters that are material to the assessment of the planning application. There are no other impacts upon residential amenity. Drainage and Flooding There are no drainage and 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. VARIATION OF APPLICATION UNDER SECTION 32A This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the vehicular access onto Balmoral Road. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS None required. DIRECTION BY SCOTTISH MINISTERS None applicable to this proposal.
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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 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 Plan 2 2019, which requires that development proposals are designed for the safety and convenience of all potential users. 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 This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the vehicular access onto Balmoral Road. Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 05 07 09 10 11 12 13
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