(a) Notice of Review and supporting documents (Pages 93-106)
Perth and Kinross Council · 23 October 2023
Back to Local Review Body — 23 October 2023 and its agenda
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4(ii)(a) LRB-2023-30 LRB-2023-30 - 23/00755/FLL – Change of use of flat to form a short-term let accommodation unit (in retrospect), 131 Atholl Road, Pitlochry, PH16 5AG PAPERS SUBMITTED BY THE APPLICANT
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Notice of Review Page 1 of 4 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 (SCHEMES OF DELEGATION AND LOCAL REVIEW PROCEDURE) (SCOTLAND) REGULATIONS 2013 THE TOWN AND COUNTRY PLANNING (APPEALS) (SCOTLAND) REGULATIONS 2008 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 in manuscript Applicant(s) Name Address Postcode Contact Telephone 1 Contact Telephone 2 Fax No E-mail* Agent (if any) Name Address Postcode Contact Telephone 1 Contact Telephone 2 Fax No E-mail* Mark this box to confirm all contact should be through this representative: * Do you agree to correspondence regarding your review being sent by e-mail? Yes No Planning authority Planning authority’s application reference number Site address Description of proposed development Date of application Date of decision (if any) 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. JOHANNA PRESTON PERTH & KINROSS 23/00755/FLL THE FLAT, 131 ATHOLL ROAD, PITLOCHRY - PH16 5AG CHANGE OF USE OF FLAT TO FORM A SHORT-TERM LET ACCOMMODATION UNIT 29 MAY 2023 27 JULY 2023
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Notice of Review Page 2 of 4 Nature of application 1. Application for planning permission (including householder application) 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 approval of 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 further procedure If you have marked box 1 or 2, please explain here which of the matters (as set out in your statement below) 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: 1. Can the site be viewed entirely from public land? Yes No 2 Is it possible for the site to be accessed safely, and without barriers to entry? If there are reasons why you think the Local Review Body would be unable to undertake an unaccompanied site inspection, please explain here: X I did not tick the No.3 box above as I hope that my supporting documents submitted/ attached to my email submission, will suffice and thereby not require further steps such as a site (location) inspection N/A
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Notice of Review Page 3 of 4 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. Have you raised any matters which were not before the appointed officer at the time the determination on your application was made? Yes No If yes, you should explain in the box below, why you are raising new material, why it was not raised with the appointed officer before your application was determined and why you consider it should now be considered in your review. I am requesting a review of Council's decision to refuse my Planning Permission Application for my property: 131 Atholl Road, Pitlochry PH16 5AG and provide you with my reaction to the following (main reasons) reasons provided: 1. ... "the loss of such a mainstream housing unit" 2. ... "the proposed retrospective (?) change of use by reason of its location fails to contribute positively to the area in which it is located" 3. ... "the loss of accommodation has not been outweighed by any demonstrable local economic benefit From what I am able to determine, these points above were offered by way of 'Points to Consider' by the 3 CONSULTEES (Housing Strategy, Transport & Regulatory Services Manager), for the Planning Department to assist them in their deliberations to either APPROVE, or REFUSE the application or not. None of the Consultees recommended that my application be refused - 2 of them actually state that they have no objection to my application. I would like to refer you to the Approval of another Application for a Short Term Let that is literally almost identical to mine in description, location and intent - just a few doors down from my property - for which the application for Planning was approved, and the same reasons provided for the approval of this STL Application, were what was used for the Refusal of my application. In the documents attached, please allow me to elaborate further on the more material reasons leading to my appeal for this review, which I hope will lead to a favourable outcome. The matters raised now, after the event, could only be raised because of the Refusal of my Planning Application. I raise these matters now in response to and to elaborate on the reasons for my request for a Review.
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Notice of Review Page 4 of 4 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. 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 1. Request for REVIEW FORM 2. Background and current PERSONAL INFORMATION 3. RESPONSES to REASONS PROVIDED FOR REFUSAL 4. PHOTOS of Building 5. Visitor Footfall - PHOTOS 6. Listings & Ratings on Online Booking Platforms 7. BUSINESS WEBSITE - Screenshot Photos 27 AUGUST 2023
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1-2. BACKGROUND and CURRENT PERSONALINFORMATION: I started my own Self Catering Business inPitlochry in 2021.The business comprises 2 STL Units/ Flats: 127 Atholl Road (boughtin 2007/8 and registeredin my daughter’s name, usedas a STL for 10yrs +) & 131Atholl Road, Pitlochry - PH16 5AG (bought in 2021), directly adjoining one another, each with their own private Entrance Doorsoff the street and no shared spaces. To ensure compliance, I opened a Businessbanking Account, appointed a firm of Accountants, Registeredwith HMRC and establishedmy own dedicated Business Website: “Atholl Rd Self Catering”. iow, did everything lawfullyandby the book. Iam nota ‘Fly byNight’ operator andcertainly not new tothe business. Before settling in Scotland 4 yearsago, my husbandand I owneda Restaurant aswell as a Self Catering Businessfor more than 20 yearsin South Africa. Iunfortunately lost my husbandon the 10th August 2022 andam now completelyleft to fend on myown. It isnot that I cannot cope, but it isfar moredifficultas I am not so young anymore. It didnot take me long to realise that I neededhelp andhave recently takenon 2 local ladiesto assist me withthe servicing of the flats. * FLAT 131 is nowin its 3rd year of business Iam proud to share with youthat my business has, in the space of a fewyears, built upa considerableand successful trackrecord on 3 Booking Platformsin the years running up to thenew regulationsintroduced : 9.5/ 10 rating on Booking.com, 5/ 5* onAirBnb. Thisdoesnot happenovernight. I nowhave a businesswith a strong trackrecord of a few years, butit also cost a sizeable amountin set-upfees. At the age of73, I am not quite suitable material to lineup in job queuesanymore. Also, I love what I am doing and what I am best at. . Iam thankful (based on the 10 yr+ operating as an STL) Flat 127’s Planning Permissionwas approved onFriday past.If the Review Committee decide touphold theRefusal of my Planning Applicationfor Flat 131, it will feel as if one ofmy my legs have been taken out from under me.The income provided by1 Flat only isnot enough tosustain me. Theincome that I derive from my 2 Flatsis notonlymy primary income, it ismy SOLE INCOME and Irely on it heavily.It hascaused me sleeplessnessnightsof fear that I couldlose either oneof theflats. If you think that all Holiday Let Ownersare without empathyforCouncil’s Housing Shortage dilemma, you would be wrong. Ibelieve that most of usagree that regulationsof some kind are necessaryand needed to be introduced. The majority ofus can still understand if it is the fate of a NEW Businessventure, not yet outof the startingblocks, but tocut down and denyestablished businesses the rightto continue operating as theydid before legislation dictatedthat Planning Permissionisrequired with immediate effect - even for established ShortTerm Let businesses- seemsundulyharsh andwithout compassion. If you do not see your way clear to grant Planning permission forFlat 131 also (it wouldbe 1st Prize for me if you could), if you can then, as a 2nd optiongrant PlanningPermission “with a condition” that I operateit as an STL for 5 years only? Untilend November 2028.
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2. Document: RESPONSESTO REASONS PROVIDED FORREFUSAL OF PLANNINGPERMISSION: 1. “THE LOSS OF A MAINSTREAM HOUSING UNIT”: Ispeak frompersonal experience when Iassure you that the flatis better suited for some commercial purpose over residential use. * Thefootfall on thepavements directly below the flat createsa LOT of noise (see attached documentwith photos) andthe vehicular traffic- carsin the MainRoad & heavydutyBuses turning down Rie-achanRd. directly next to flat, createsloud rumbling noisesevery fewminutes. 2. THE CHANGE OF USE BY REASON OF THE PROPERTY’S LOCATION FAILSTO CONTRIBUTE POSITIVELY TOTHE AREA IN WHICH IT IS LOCATED: Nottoo sure what the Planning Dept.Meansby this, butit USED to bean unsightly buildingfor well over 10 years. WhenI started the business, Isingle-handedly had thebuilding painted (cosmetic repairs) withoutany assistance from theother 2 ownersin the shopsbelow theflat (who are supposedto contribute a pro-rata share of the maintenance and repairsexpenses, but did notassist.) * See PHOTOS ZERO alterations havebeen effected eitherexternally orinternally 3. THE LOSS OF ACCOMMODATION HASNOT BEEN OUTWEIGHED BY ANY DEMONSTRABLE ECONOMIC BENEFIT As opposedtoa resident in occupation,every HolidayGuest spends onaverage£500 PER DAYon restaurants,dining out,attending events,attractions,etc.(according to theguestsI consulted)whichinjectsinto-and booststhe economyofthetown. Itis all ourtowns’and Scotland’s lifeline in my opinion. Pitlochry is a MAJOR Player and asset in Scotland’s Tourism. 4. A POINTALSO RAISED BY THE TRANSPORTCONSULTEE - RE: NO PARKING In hisown words: Thereisno vehicle accessfortheproperty andno allocated parking spaces. No changesare proposedto allocateparkingspaces forthe property. Severalbus servicesoperatealongthe A924 throughPitlochry and therailwaystation is also within walkingdistance. On-street parking iscurrently available subject to restrictions. InsofarastheRoadsmattersareconcerned,I haveno objections to thisproposal. >I havenothad morethan 2 guestsseethis asa negative.All havebeenhappy so farwith thePay& Display Parking lot just 40metersfromthefrontdoor, orto park in asidestreet at no charge(even though spaceis limited) *Whetherthe occupant of theflat istheOwner, a LongTermTenantor a ShorttermLet guest,thepropertydoes requirea designatedparking spotsomewhereclose? 5. POINT RAISED BY THE RegulatoryServices Manager HOLIDAYACCOMMODATION: As the development is for a holiday accommodation unit, there is the potential for noise from the users of the properties (* SEE POINT 1 ABOVE & PHOTOS) to affect neighbouring residential properties, however due to the introduction of Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022, these will be required to be licensed and noiseconditionswillformpart ofthelicence. Therefore, whilst I have no objections to the application, I would recommend the following informative beattached to any givenconsent. > The noise factor is rather from the OUTSIDE IN …. as opposed to any noise that the guestsmay make.
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AFTER painting of exterior:
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1. BEFORE - Facade of127 & 131 Atholl Rd:
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HEAVY Visitor Footfall & NOISE on pavements directly below Flats. (Noise not from inside out - but from outside in) HEAVYmotor-vehicle traffic,as well aslarge BUSES turning down Rie-achanRoad to the busTerminal just down fromthe main road, every few minutes...
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Booking.com - Listing andreview score: 9.5/ 10 Airbnb - Listing and Review Score 5/ 5 ***** Pg 2/ …. Most recent reviews
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WEBSITE : ‘Atholl Rd Self Catering’ www.athollroadselfcatering.co.uk