(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 439-458)
Perth and Kinross Council · 18 December 2023
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4(v)(b) LRB-2023-42 LRB-2023-42 23/00075/FLL - Change of use of open space and extension to shop, 75-77 Balhousie Street, Perth, PH1 5BG PLANNING DECISION NOTICE (included in applicant’s submission, pages 398-399) REPORT OF HANDLING REFERENCE DOCUMENTS (part included in applicant’s submission, pages 459-482)
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1 REPORT OF HANDLING DELEGATED REPORT Ref No 23/00075/FLL Ward No P12- Perth City Centre Due Determination Date 22nd April 2023 Extended to 31st August 2023 Draft Report Date 22nd August 2023 Report Issued by PB Date 28th August 2023 PROPOSAL: Change of use of open space and extension to shop LOCATION: 75 - 77 Balhousie Street Perth PH1 5BG 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 Planning permission is sought for the change of use of open space and extension to shop. The existing shop (98 sqm) is at 75-77 Balhousie Street, Perth and is a convenience store serving the local area. Planning permission was given in 2011 for a takeaway facility (48 sqm) at the southern end of the building. Work was started on this but has not been finished. The extension proposed (48 sqm) is to the north and would extend the building into an area of open space where there are currently three trees. Two of the trees would be removed as part of this proposal and the open space would be reduced by around 50 %. The proposal is for single storey with a pitched, hipped roof which will be set slightly lower than the existing roof line of the shop. Materials will match the existing. SITE HISTORY 98/00841/FUL Install ATM cash machine at 20 July 1998 Application Approved 98/00842/FUL Display of projecting signs at 20 July 1998 Application Approved 11/00213/FLL Extension to form hot food take-away shop 4 May 2011 Application Refused (Approved on appeal to DPEA) PRE-APPLICATION CONSULTATION Pre application Reference: None.
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2 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 14: Design, Quality and Place Policy 28: Retail 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 14A: Open Space Retention and Provision: Existing Areas Policy 17: Residential Areas Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity 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 - Planning Guidance - Planning & Biodiversity
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3 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. 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 Transportation And Development No objection. Scottish Water No objection. Advice in letter for applicant. REPRESENTATIONS 2 representations of objection were received. Objections relate to: • Additional traffic, traffic congestion and loss of parking; • Road safety • Noise and disturbance – early morning deliveries • Odour – from hot food takeaway • Drainage – extension will be over a main drain
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4 • Amenity – existing shop detracts from the amenity of the area • Cumulative impact of new housing such as from Balhousie School to be redeveloped • Health- hot food takeaway contrary to healthy eating • Impact on green space – loss of trees • Litter The above points will be considered in the main body of the report. Issues with regard to litter and health are not material planning considerations. Reference to hot food takeaway is also not relevant to this application as it does not form part of this proposal. 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 Tree Report submitted 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 Within the Local Development Plan (LDP), the site is located within the settlement boundary of Perth where Policies 1 (Placemaking) and 17 (residential areas) are applicable. Policy 1 seeks to ensure that all new developments do not have an adverse impact on an area and that new development contributes positively to the built and natural environment. In particular a) requires proposals to “Create a sense of identify by developing a coherent structure of streets, spaces, and buildings, safely accessible from its surroundings” and b) proposals should “Consider and respect site topography and the wider landscape character of the area”
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5 Policy 14, Open Space retention and Provision part A relates to the protection of open space of either recreation or amenity value. In this case the proposal would result in the loss of open space of amenity value. Policy 17 of the LDP seeks to support new development that is compatible with existing uses. In principle this can include local shops where they serve local needs of the area (b). However development should be compatible with the amenity and character of the area and (c) improve the character and environment of the area or village. Policy 40B, Trees, Woodland and Development requires a tree survey to be submitted where there are trees on a site. The policy also includes a presumption in favour of protection of woodland resources. In exceptional circumstances where the loss of individual trees is unavoidable, the Council will require mitigation measures to be provided. Initially no tree survey was submitted although this has now been prepared and added to the application package. In terms of the NPF4, Policy 14, Design, Quality and Place, looks to ensure that all new developments have a good design standard. a) requires proposals to be designed to improve the quality of an area regardless of scale and b) supports development where it is consistent with the six qualities of successful places including being “Pleasant” and supporting attractive natural and built spaces. c) states that proposals that are poorly designed, detrimental to the area or inconsistent with the six qualities of successful places, will not be supported. For reasons set out below this proposal is contrary to the above policies and cannot be supported. Design and Layout The Local Development Plan requires proposals to be designed to improve the quality of an area and respect the character and amenity of the area. This proposal seeks to remove existing trees and extend built development into an existing area of landscaped amenity open space and as such would not contribute positively to the built or natural environment. The proposal is contrary to policies 1, 14A and 17 of the Perth and Kinross Local Development Plan. Policy 14 a) of National Planning Framework 4 requires proposals to be designed to improve the quality of an area whether in an urban or rural location and regardless of scale. b) requires proposals to be consistent with the six qualities of successful places including being pleasant; supporting attractive natural and built spaces. c) states that proposals that are poorly designed, detrimental to the area or inconsistent with the six qualities of successful places, will not be supported. The development would have a detrimental impact on a pleasant landscaped open space, would not improve the quality of the area and would be inconsistent with the six qualities of successful places as set out in policy 14 of NPF4. Landscape The area into which the extension will be built is currently an area of landscaped amenity open space with four trees described in the Tree Report as “early mature”. There are two wild cherries identified as category B quality; one rowan of C category
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6 and one willow categorised as U. The three B and C category trees are identified as having more than 20 years remaining contribution if not removed. The willow (T716) noted as being of poor quality with less than 10 years remaining contribution. This is identified as being not suitable for retention being multi-stemmed with a congested, poorly configured crown. T715 is a small rowan located to the rear of the plot. The tree report notes that this tree has been heavily suppressed by the adjacent cherry and willow leaving a poor and biased crown that overhangs the store. However this could be addressed by tree management. Trees T714 and T717 are noted as being in a satisfactory condition. Works are suggested to these trees to crown lift them to reduce them from the footpath and highway to avoid obstruction. The proposal would bring the store 7m north of the existing building and require removal of three of the four trees leaving only one of the wild cherries (T717) on the site. The report recommends that a detailed arboricultural method statement should be produced if the application is approved and that any utilities required should be routed outside of the Root Protection Area (RPA). Policy 40B of the Local Development Plan includes a presumption in favour of protecting woodland resources. In exceptional circumstances where the loss of individual trees or woodland cover is unavoidable mitigation will be required. Whilst it is accepted that the trees do require some management this does not justify their removal and the significant reduction in the area of landscaped open space which would result from this development. The proposal is not supported and is contrary to policy 40B of the LDP2. Residential Amenity The site is in a predominantly residential area, close to residential properties. However, the increase in floorspace of the premises is not likely to have any significant additional impact in terms of noise and disturbance to that already experienced from the existing shop. The impact on residential amenity of the proposed extension is acceptable. Visual Amenity The proposal would result in a loss of trees and green space in the area which would have an adverse impact on visual amenity. Roads and Access The site is on Balhousie Street that links the Muirton area to Perth city centre. There is no vehicle access for the property as such, but a parking bay exists in front of the store with waiting restrictions. Objectors have pointed to the potential increase in traffic as a result of the extension to the shop and also to potential road safety issues. Some of the points relate to the takeaway element of the business however this is not part of this planning application. The scale of increase in floorspace however is unlikely to impact
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7 significantly on traffic movements or numbers of vehicles in the area. Transport Planning has no objection to the proposal but notes that a Royal Mail post box used to store mail waiting for local delivery is located where the extension will be but is not marked on the plans. Arrangements with Royal Mail are required to have this relocated if the extension goes ahead. Drainage and Flooding The proposal will utilise existing drainage connections. An objection notes that the extension may be built over a main drain. Detailed drainage plans have not been provided and it is anticipated that the new development would connect into existing infrastructure. However, any development will have to comply with the relevant building regulations with regard to drainage infrastructure. Conservation Considerations The site is not in a conservation area and there are no listed buildings within view of the site. No built heritage assets will be affected by the proposals. Natural Heritage and Biodiversity The submitted Tree Report includes some consideration of protected species such as nesting birds and bats. Works to trees should be avoided during the bird nesting season (March to August) and trees should be checked for the presence of bats prior to any works to the trees. The removal of three of the four trees would result in a net loss of habitat for local biodiversity which would be contrary Policy 41, Biodiversity, that seeks to protect and enhance all wildlife and wildlife habitats. Developer Contributions The Developer Contributions Guidance is not applicable to this application and therefore no contributions are required in this instance. Economic Impact The proposal would support an existing business and as such would have a localised positive economic impact. 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 the addition of a Tree Report. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS None required.
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8 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 Policies 14(a), (b) and (c), Design, Quality and Place of National Planning Framework 4. The proposal would be a significant encroachment into an area of landscaped amenity space that would not a) improve the quality of an area; b) would conflict with the aim to create “Pleasant” places supporting attractive natural and built spaces; and c) would be detrimental to the area and inconsistent with the six qualities of successful places. 2 The proposal is contrary to Placemaking policies 1A and 1B(a) and (b) of the Perth and Kinross Local Development Plan 2 (2019) which seeks to ensure that development contributes positively to the quality of the surrounding built and natural environment. The proposal is contrary to (a) as it would dilute the existing coherent structure of streets, spaces and buildings by developing an existing area of landscaped open space integral to the character of the area and (b) the removal of trees and open space does not respect the landscape character of the area. 3 The proposal is contrary to Policy 14, Open Space retention and Provision part A: Existing Areas, of the Perth and Kinross Local Development Plan (2019) as it would result in the loss of open space of amenity value. 4 The proposal is contrary to Policy 17, Residential Areas, of the Perth and Kinross Local Development Plan 2 (2019) which seeks to ensure that development is compatible with the amenity and character of the area and (c) improve the character and environment of the area or village. The proposal by virtue of its siting on an existing area of open space would not be compatible with or improve the character and environment of the area and would be contrary to Policy 17. 5 The proposal is contrary to policy 40B, Trees, Woodland and Development of the Perth and Kinross Local Development Plan 2 (2019) which requires the protection of existing trees. The proposal will result in the removal of 75% of trees from the site and is therefore contrary to policy 40B.
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9 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 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 the addition of a Tree Survey Report (09). Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 05 06 07 08 09
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