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(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 69-80)

Perth and Kinross Council · 23 October 2023
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4(ii)(b) 
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 
PLANNING DECISION NOTICE 
REPORT OF HANDLING 
REFERENCE DOCUMENTS

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REPORT OF HANDLING 
DELEGATED REPORT 
Ref No 23/00755/FLL
Ward No P4- Highland
Due Determination Date 28th July 2023 
Draft Report Date 26th July 2023
Report Issued by JC Date 26th July 2023 
PROPOSAL:   Change of use of flat to form a short-term let
accommodation unit (in retrospect)    
LOCATION:  131 Atholl Road Pitlochry PH16 5AG   
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 
This application is for the retrospective change of use of a first floor flatted dwelling
at 131 Atholl Road, Pitlochry to a short term let accommodation unit. The flat benefits
from a dedicated street entrance door on Rie-Achan Road to the west, and has been
offered as short term let accommodation since 2021. 
The property is located in Pitlochry Town Centre and Conservation Area, and in an
area subject to high river flooding risk. 
SITE HISTORY 
Adjacent property at 127 Atholl Road
23/00754/LAW Use of flat as short-term let accommodation unit (existing)
Pending Consideration 
PRE-APPLICATION CONSULTATION 
Pre application Reference: None 
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 13: Sustainable Transport
Policy 14: Design, Quality and Place
Policy 22: Flood Risk and Water Management
Policy 27: City, Town, Local And Commercial Centres
Policy 30: Tourism 
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 10: City, Town and Neighbourhood Centres
Policy 28A: Conservation Areas: New Development
Policy 52: New Development and Flooding
Policy 56: Noise Pollution
Policy 60B: Transport Standards and Accessibility Requirements: New Development
Proposals 
Statutory Supplementary Guidance 
 Supplementary Guidance - Developer Contributions & Affordable Housing
(adopted in 2020)
 Supplementary Guidance - Placemaking (adopted in 2020) 
OTHER POLICIES 
Non Statutory Guidance 
 Conservation areas
 Planning Guidance – Short Term Lets  (draft – public consultation under
way) 
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.

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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 51 Planning, Environmental Protection and Regulation
 PAN 61 Planning and Sustainable Urban Drainage Systems
 PAN 68 Design Statements
 PAN 69 Planning and Building standards Advice on Flooding
 PAN 75 Planning for Transport
 PAN 77 Designing Safer Places 
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 
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 
Internal Consultees 
Communities Housing Strategy - NPF4 Policy 30: states that Development proposals
for the reuse of existing buildings for short term holiday letting will not be supported
where the proposal will result in: 
i. An unacceptable impact on local amenity or the character of a
neighbourhood or area; or 
ii. The loss of residential accommodation where such loss is not
outweighed by demonstrable local economic benefits 
The Local Housing Strategy 2022-27 includes an action to develop planning policy
through the Local Development Plan 3 where appropriate for STL Control Areas.

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The postcode district level of saturation of potential short-term lets for PH16 is 12.0%
and above the level at which it may be considered appropriate to introduce a control
area in order to help manage high concentrations of Short-Term Lets where it affects
the availability of residential housing or the character of a neighbourhood. 
Environmental Health (Noise Odour) – No objection, subject to informative regarding
short term let licensing. 
Transportation And Development – No objection. 
REPRESENTATIONS 
0 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
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.   
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 
The proposal seeks to retrospectively change the use of a first floor flat in Pitlochry
Town Centre and Conservation Area to a short term let. The primary policy in this
instance is NPF4 Policy 30(e): Tourism, as there is no specific LDP2 policies relating

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to Short-Term Let accommodation, particularly where changes of use of existing
properties are concerned. 
As such, LDP2 Placemaking Policies 1A and 1B have relevance for a proposal of
this nature, as does Policy 10: City, Town and Neighbourhood Centres which
promotes the retention and development of housing and other uses which are
compatible with the existing city or town centre uses. 
NPF4 Policy 27: City, Town, Local and Commercial Centres also promotes
proposals which improve the vitality and viability of such centres. 
Specifically, NPF4 Policy 30(e): Tourism states that Development proposals for the
reuse of existing buildings for short term holiday letting will not be supported where
the proposal will result in:
i. An unacceptable impact on local amenity or the character of a
neighbourhood or area; or
ii. The loss of residential accommodation where such loss is not
outweighed by demonstrable local economic benefits. 
The postcode district level of saturation of potential short-term lets (STLs) for PH16
is 12.0% and above the level at which it may be considered appropriate to introduce
a control area in order to help manage high concentrations of STLs where it affects
the availability of residential housing or the character of a neighbourhood. 
In respect of criterion (i) of NPF4 Policy 30(e), the proposed use of the property as a
short term let is not significantly different from a flat in terms of its physical
appearance, the extent of guest footfall or noise emanating from the property, so
long as good management practices are in place. 
However, the proposal contributes to a cumulative adverse impact on the mixed-use
character of Pitlochry town centre by further eroding the residential component of
that mix of uses which is crucial for the viability and vitality of the centre. 
In respect of criterion (ii) of NPF4 Policy 30(e), the proposal results in the loss of a
flat to short term let accommodation in the PH16 postcode area which is already
subject to a proliferation of holiday accommodation. This in turn adversely impacts
the availability of residential accommodation locally. There are undoubtedly
economic benefits associated with the proposal, not least to the applicants
themselves and to local businesses who benefit from the custom of guests, but these
do not necessarily outweigh the loss of residential accommodation in this instance. 
The proposal therefore conflicts with NPF4 Policy 30(e) Tourism, and the intent of
LDP2 Policy 1A: Placemaking. The principle is therefore unacceptable. 
Residential Amenity 
NPF4 Policy 14: Design, Quality and Place and LDP2 Policies 1A: Placemaking, and
10: City, Town & neighbourhood Centres support proposals and the retention of
housing or other uses on upper floors which contribute positively to the quality of
their surroundings and which are compatible with the amenity and character of the
surrounding area. It is acknowledged that short term lets can result in additional

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levels of disturbance and noise concerns. Environmental Health officers note
however that the main avenue to regulate such matters is via the separate licensing
regime. 
In this instance, the modest two bedroom size of the property is such that the levels
of comings and goings from a proposed short-term let accommodation is unlikely to
be significantly different from its lawful residential use. 
However, the resulting change in character of the property, in terms of the lack of
permanent residents, is incompatible with the intent of the above policies. 
Roads and Access 
The proposals raise no access or parking concerns in light of the town centre
location and associated access to public transport options in the form of bus stops
and the railway station. Car parking is also available nearby. In these respects the
proposal accords with NPF4 Policy 13 and LDP2 Policy 60B. 
Drainage and Flooding 
The proposal site is subject to a high probability of flooding which could impair
access or egress during a flood event. However, the proposed change of use of an
existing first floor flat has not increased vulnerability to flood risk on this site. As
such, the proposal is acceptable in terms of NPF4 Policy 22 and LDP2 Policy 52. 
Conservation Considerations and Visual Amenity 
As no external works are proposed, the change of use has had no direct impact on
the physical appearance of the property. However, it could be argued that the
cumulative impact of short term let accommodation has an adverse impact on the
established character of the Conservation Area. 
Other Material Considerations 
Draft planning guidance on short term lets (STLs) has recently been produced due to
concerns expressed over the impact of STLs on services, local business staffing and
expansion, as well as housing affordability. The consultative draft acknowledges that
while short-term lets can bring economic benefits to the host and local areas, this must
be balanced against the impact the loss of that residential property has on the
availability of housing for local people, and in particular access to affordable housing. 
The draft guidance further states that planning permission will not be granted unless
the following criteria are met: 
1. The proposal is for the extensive refurbishment of a long-term empty
residential property which will bring the building back into active use;
2. The proposal relates to a residential property with four or more bedrooms
as this stock is considered less significant in terms of housing needs
assessments;

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3. It can be demonstrated that the residential property has been operating as
a short-term let for more than 10 years and is therefore exempt from
planning enforcement action;
4. It can be demonstrated that the proposal for the change of use to short-term
let is part of a diversification scheme to support an existing Perth and
Kinross business within the same landholding. 
Additionally, that – in all cases, properties must have their own door to the street
to reduce the risk of adverse impact on the amenity of neighbouring residents.
Proposals must also comply with all relevant LDP2 policies, in particular Policy 1A:
Placemaking, which requires that Development must contribute positively to the
quality of the surrounding built and natural environment. 
While this non-statutory guidance is currently open to comment and not yet adopted
(anticipated by September 2023), it forms the most up-to-date indication of Council
policy intent on the matter, and as such, is a material consideration in addition to
other policy factors and supplementary guidance in the assessment of the proposals. 
It is evident in this instance that the proposed change of use does not accord with
the draft guidance specifically in terms of the key criteria. This conflict with draft
guidance aligns with the officer assessment of the proposal against adopted policy
including NPF4 Policy 30 and LDP2 Policy 1A as discussed earlier in this report. 
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 limited to guest expenditure in
the local economy. 
VARIATION OF APPLICATION UNDER SECTION 32A 
This application was not varied prior to determination, in accordance with the terms
of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. 
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

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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 proposed retrospective change of use is contrary to Policy 30: Tourism
(part e) of National Planning Framework 4 (2022) as the proposal involves the
loss of a residential unit to short term let accommodation within an area which
is subject to a high saturation of holiday accommodation, relative to the
potential total housing stock. The loss of such a mainstream housing unit has
a negative impact on the amenity of the area and the loss of the
accommodation has not been outweighed by any demonstrable local
economic benefit. 
2. The proposed retrospective change of use by reason of its location fails to
contribute positively to the area in which it is located. The proposal is
therefore contrary to Policy 14: Design, quality and place (part c), and Policies
1A: Placemaking & 10: City, Town and Neighbourhood Centres of Perth &
Kinross Local Development Plan 2 (2019) as well as the associated draft
Perth and Kinross Planning Guidance on Short Term Lets (2023). 
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 
None relevant. 
Procedural Notes 
Not Applicable. 
PLANS AND DOCUMENTS RELATING TO THIS DECISION 
01
02
03

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