(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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