(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 297-336)
Perth and Kinross Council · 23 October 2023
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4(iv)(b) LRB-2023-32 LRB-2023-32 - 23/00453/FLL – Erection of a dwellinghouse, land 35 metres east of Gateside Cottage, Forteviot PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS
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REPORT OF HANDLING DELEGATED REPORT Ref No 23/00453/FLL Ward No P7- Strathallan Due Determination Date 25th June 2023 Draft Report Date 19th June 2023 Report Issued by PB Date 19th June 2023 PROPOSAL: Erection of a dwellinghouse LOCATION: Land 35 Metres East Of Gateside Cottage Forteviot Perth 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 Full planning permission is sought for the erection of a dwellinghouse on land 35 metres to the east of Gateside Cottage near Forteviot. The site is around 3km to the north east of Dunning and to the southwest of Forteviot. There is a cluster of buildings to the north and west of the site across a B classified public road. Gateside Cottage lies immediately to the west on the same site as the site with a large new detached property to the south of Gateside Cottage. This new property was granted following appeal to the Local Review Body (19/01870/FLL). The proposed site contains two sheds, one approved under Prior Notification (12/01598/PNA) to support a small scale agricultural business. The site is now laid to grass and has a hedge along its roadside boundary and along the southeastern boundary which extends beyond the site to border other land in the applicants ownership. The site is within the Ochil Hills Special Landscape Area and is identified as Class 2 prime agricultural land. The proposal is for a large 4/5 bed detached dwellinghouse with accommodation over two levels. It measures around 30 metres in length and 12 metres in width at the widest point. The height to the roof ridge is around 8.3 metres. Finishes are a mix of stone, render and vertical timber boarding around dormer windows on the front and rear elevations and on the east facing gable. The design is similar to the recently constructed property on the other side of Gateside Cottage. The application appears to mirror this new house in design and siting although this proposal includes an attached rather than detached garage. The house is sited on a roughly north south axis close to the southeastern boundary of the site and midway between north and south site boundaries. The house will be
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set within a generous area of land measuring around 3000 square metres. A gas supply pipe runs through the site which restricts development on part of the land. Access to the site is onto the B934 public road. The existing access is to be upgraded to improve visibility. SITE HISTORY 00/00359/FUL Extension to house and erection of new garage at 4 April 2000 Application Approved 18/01598/PNA Erection of an agricultural storage building 11 October 2018 Application Approved 22/02159/FLL Alterations and extension to dwellinghouse 14 March 2023 Application Approved 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. 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 1: Tackling the Climate and Nature Crisis Policy 2: Climate Mitigation and Adaptation Policy 3: Biodiversity Policy 4: Natural Places Policy 13: Sustainable Transport Policy 17: Rural 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.
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The principal policies are: Policy 1A: Placemaking Policy 1A: Placemaking Policy 5: Infrastructure Contributions Policy 19: Housing in the Countryside Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development Policy 39: Landscape Policy 41: Biodiversity Policy 50: Prime Agricultural Land Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 53E: Water Environment and Drainage: Water Supply Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2020) Supplementary Guidance - Housing in the Countryside (adopted in 2020) Supplementary Guidance - Landscape (adopted in 2020) Supplementary Guidance - Placemaking (adopted in 2020) 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 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.
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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 Scottish Water Capacity for water supply. No Scottish Water waste water infrastructure in the area. Private treatment options required. Transportation And Development No objection subject to condition and informative with regard to access specification. Environmental Health (Contaminated Land) No adverse comments to make on the application. A search of the historic records did not raise any concerns regarding ground contamination. Development Contributions Officer Developer contributions required: Education: 1 x £5,164 Transport Infrastructure: 1 x £2,742 REPRESENTATIONS 1 representation was received objecting to the house design and its similarity to the existing new house recently completed (Myretown House) on a site nearby. The fact that the design is nearly identical to Myretown House is not a material planning consideration. Design in general will be considered in the report below. 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 Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Not Required
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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. 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 Policy 9 b) of NPF4 states that proposals on greenfield sites will not be supported unless the site has been allocated for development or the proposal is explicitly supported by policies in the LDP. Policy 17 of NPF4 promotes the development of rural homes. In particular support is given to development in previously inhabited areas with greater constraint being applied in areas of pressure. The Local Development Plan will identify the different approaches for different areas. NPF4 policy intent with regard to rural homes is to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes in the right locations. Policy 17 sets out 8 criteria for the development of suitably scale, sited and designed development that is in keeping with the character of the area. This proposal does not meet any of these criteria: The site : i. Is not allocated for housing; ii. is not brownfield land; iii. does not reuse a redundant building; iv. does not secure a historic asset; v. is not necessary to support the sustainable management of a viable rural business; vi. is not retirement succession of a viable farm holding; vii. is not subdivision of an existing residential dwelling; and viii. does not reinstate a former dwellinghouse or is a one-for-one replacement of an existing permanent house. NPF4 takes precedence over the Local Development Plan. However, the proposal is also contrary to policy 19 of the LDP. The site is outwith any settlement boundary as defined in the Perth and Kinross Local Development Plan 2 (2019). Policy 19 Housing in the Countryside applies to
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this proposal. This supports proposals for the erection of houses in the countryside subject to them falling into at least one of the following categories: 1) building Groups 2) infill sites 3) new houses in the open countryside on defined categories of sites as set out in section 4 of the Supplementary Guidance. 4) renovation or replacement of houses 5) conversion or replacement of redundant non-domestic buildings. 6) development on rural brownfield land. Policy 19 of the LDP (2) is supplemented by the Housing in the Countryside Guide November 2020. In this case the only section of the policy and guide that is relevant to this site is Category 1) Building Groups. This states that consent will be granted for houses within building groups provided they do not detract from the residential and visual amenity of the group. Consent will also be granted for houses which extend the group into definable sites formed by existing topography and or well established landscape features which will provide a suitable setting. A building group is defined as 3 or more buildings of a size at least equivalent to a traditional cottage, whether they are residential and / or business / agricultural nature. Small ancillary premises such as domestic garages and outbuildings will not be classed as buildings for the purposes of the policy. In this case there are a collection of buildings in the area primarily to the north of the public road with two buildings: Gateside Cottage and a new house (Myretown House) to the south of the cottage. The proposed site does not meet the criteria of the policy for an extension of the building group. In particular the new house does not respect the scale and form of the existing group and will not be well integrated into the existing layout and building pattern. The new housing will detract from the visual amenity of the group when viewed from the wider landscape. The site also does not benefit from well established landscape features which will provide a suitable setting. Whilst there is a hedge along the northeastern boundary this does not give a sufficient landscape framework for the development. There is also no established boundary to the southeast of the site. The site is just one large field, previously operated as a small holding. The principle of the development is therefore contrary to the NPF 4, policy 17, Rural Homes, and the Local Development Plan, Housing in the Countryside policy 19. It is also considered that the proposal is contrary to placemaking policies that seek to ensure that development makes a positive contribution to the built and natural environment, contrary to policies to protect prime agricultural land and to policies that seek to protect landscape character. Further discussion of these aspects is set out in the report below.
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Design and Layout The proposal is for a substantial detached dwellinghouse that is sited at a different angle and at some distance from other buildings in the area. Placemaking policy 1A requires development to contribute positively to the built and natural environment and policy 1B requires developments to meet a range of placemaking criteria. Criterion b) requires proposals to respect site topography. The site is in an exposed position and the siting of the house remote from the road and over 30 metres from the nearest building would make the development unduly prominent and incompatible with surrounding development. Existing development in the area is generally parallel to the road. This development is sited across the site creating an unnatural juxtaposition of buildings that do not relate well together. The proposal is trying to mimic the siting and design of the new house on the other side of Gateside Cottage. However by doing this the development would overwhelm the existing Gateside Cottage causing it to be overly dominated by two large, detached properties that are unrelated to the existing traditional buildings to the north of the public road. The proposal is therefore contrary to policy 1A in that it does not contribute positively to the built and natural environment and does not meet placemaking criteria set out in policy 1B. Landscape The site is within the Ochil Hills Special Landscape Area. LDP Policy 39 Landscape requires proposals, including individual developments, to demonstrate with reference to an appropriate landscape capacity study that they meet a number of criteria and do not conflict with the aim to maintain and enhance the landscape qualities of Perth and Kinross. In this case no such assessment has been made and as such the proposal is contrary to policy 39, Landscape. Agricultural Land The site is located on Class 2 agricultural land which is categorised as prime agricultural land. Policy 50, Prime Agricultural Land, does not support development on prime agricultural land outside of defined settlements unless it is necessary to meet a specific established need and there is no other suitable site available on non-prime land. The applicant has not demonstrated any specific agricultural or business need for the development or shown that this is the only site available for the development. Policy 50 seeks to protect prime agricultural land from development. Development of a house on this site would be contrary to policy 50. Residential Amenity The proposed dwellinghouse is over 30 metres from any neighbouring property. There will not be any adverse impact on residential amenity in terms of overlooking, impact on privacy or overshadowing. There is ample garden ground proposed for the property. Visual Amenity The development would be highly visible particularly when approaching from the northeast. The lack of a suitable landscape framework and proposed siting of the property would detract from the visual amenity of the area.
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Roads and Access The site is adjacent to the B934 public road. The application is being recommended for refusal. However if approved a condition and informative note with regard to the access specification has been requested by Transport Planning. Drainage and Flooding The development would connect to a public water supply however private arrangements for foul drainage infrastructure would be required. An indicative location for a septic tank and soakaway is indicated on the submitted plans. Conservation Considerations The site is not within a conservation area. There are no listed buildings in the vicinity. The proposal would not impact on any assets of cultural heritage interest. Natural Heritage and Biodiversity Policy 3 of NPF4 requires local development to conserve, restore and enhance biodiversity. This proposal includes additional planting but is quite limited in its contribution to nature recovery and in strengthening nature networks. Developer Contributions Primary Education The Council Developer Contributions Supplementary Guidance requires a financial contribution towards increased primary school capacity in areas where a primary school capacity constraint has been identified. A capacity constraint is defined as where a primary school is operating at over 80% and is likely to be operating following completion of the proposed development, extant planning permissions and Local Development Plan allocations, at or above 100% of total capacity. This proposal is within the catchment of Dunning Primary School. A primary education contribution of £5,164 (1 x £5,164) is required. Transport Infrastructure The Council Transport Infrastructure Developer Contributions Supplementary Guidance requires a financial contribution towards the cost of delivering the transport infrastructure improvements which are required for the release of all development sites in and around Perth. The site is located in the ‘Reduced’ Transport Infrastructure contributions zone (Appendix 3 of the Supplementary Guidance) A transport infrastructure contribution of £2,742 (1 x £2,742) is required. Economic Impact The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development.
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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 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 1 The proposal is contrary to policy 17 Rural Homes of National Planning Framework 4 as it fails to meet any of the criteria within Policy 17a) and is not suitably scaled, sited or designed to be in keeping with the character of the area. 2 The proposal is contrary to Policy 19 Housing in the Countryside of the Perth and Kinross Local Development Plan 2 (2019) and the Council's Housing in the Countryside Guide 2020 as the proposal fails to satisfactorily comply with any of the categories (1) Building Groups, (2) Infill Sites, (3) New Houses in the Open Countryside, (4) Renovation or Replacement of Houses, (5) Conversion or Replacement of Redundant Non Domestic Buildings, or (6) Rural Brownfield Land. 3 The proposal is contrary to Policy 1A and 1B, Placemaking, of the Perth and Kinross Local Development Plan 2 (2019). The proposed development would not contribute positively to the built and natural environment due to its exposed position combined with the siting, design and lack of a landscape framework. 4 The site is designated as prime agricultural land (category 2). The proposal is contrary to policy 50 (Prime Agricultural Land) of the Perth and Kinross Local Development Plan 2 (2019) which does not support development on such land outwith settlement boundaries unless it is necessary to meet a specific established need.
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5 The proposal is contrary to Policy 39 (Landscape) of the Perth and Kinross Local Development Plan 2 (2019) as it has not been demonstrated through assessment against a landscape capacity study that the site is appropriate for the development and meets the criteria in Policy 39 that seeks to maintain and enhance the landscape qualities of Perth and Kinross. 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. Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 05 06 07 08 09 10 11
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