(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 559-582)
Perth and Kinross Council · 18 December 2023
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4(vi)(b) LRB-2023-43 LRB-2023-43 23/00466/FLL - Siting of a holiday accommodation unit, formation of vehicular access and parking area and associated landscaping, land 30 metres south east of Fairygreen Cottage, Kinrossie PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS (part included in applicant’s submission, pages 494-528)
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REPORT OF HANDLING DELEGATED REPORT Ref No 23/00466/FLL Ward No P2- Strathmore Due Determination Date 20th June 2023 Draft Report Date 2nd August 2023 Report Issued by JC Date 2nd August 2023 PROPOSAL: Siting of a holiday accommodation unit, formation of vehicular access and parking area and associated landscaping LOCATION: Land 30 Metres South East Of Fairygreen Cottage Kinrossie 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 The proposal is for a new timber-clad holiday cabin with pitched roof and stove on a countryside plot flanked by Fairygreen Cottage to the north-west and the existing farmyard and buildings of Fairygreen Farm to the south-east. The site would be accessed via an existing farm track from the C440 public road to the north-east of Collace. The application site is within the Sidlaw Hills Local Landscape Area, the Outer consultation zone of a Ineos Pipeline, an area subject to Reduced Transport Contributions, and the River Tay SAC Catchment. SITE HISTORY None 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).
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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 3: Biodiversity Policy 4: Natural Places Policy 13: Sustainable transport Policy 14: Design, Quality and Place Policy 23: Health and Safety Policy 29: Rural Development 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 8: Rural Business and Diversification Policy 9C: Caravan Sites, Chalets and Timeshare Developments: Chalets, Timeshare and Fractional Ownership Policy 39: Landscape Policy 41: Biodiversity Policy 56: Health and Safety Consultation Zones Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance Supplementary Guidance - Delivering Zero Waste (adopted in 2020) 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)
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OTHER POLICIES Non Statutory Guidance Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC Planning Guidance - Planning & Biodiversity Supplementary Guidance - Renewable & Low Carbon Energy (draft) 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 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.
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CONSULTATION RESPONSES External Consultees Perth And Kinross Heritage Trust – No concerns raised. Scottish Water - No objection, subject to standard advice. Private waste water treatment required. INEOS FPS Ltd – No comments received Internal Consultees Transportation And Development – No objection, subject to conditions requiring details of a bin presentation area, visibility splays at the public road access, upgrade of the access itself, and prevention of surface water or aggregate discharge from the access onto the public road. Informatives requested regarding associated Roads permits/permission requirements. Development Contributions Officer – The site is within the 'Reduced' Transport Infrastructure contributions zone, and a payment of £1,370 in respect of transport infrastructure would be required upfront in the event of an approval recommendation prior to the release of planning permission. Environmental Health (Noise Odour) – No objections. No site licence required. Short Term Let License required and Stove informative requested. 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 Submitted 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
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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 The key Development Plan policies for this proposal are National Planning Framework 4 Policies 29: Rural Development and 30: Tourism, and Perth and Kinross Local Development Plan 2 Policies 8: Rural Business and Diversification and 9C: Chalets, Timeshare and Fractional Ownership. Rural Business and Development NPF4 Policy 29 – Rural Development states that: a) Development proposals that contribute to the viability, sustainability and diversity of rural communities and local rural economy will be supported. Ten sub- criteria are listed, and one of these has potential relevance – namely, (ii) diversification of existing businesses. The development proposal is not for a new land use business or directly for the improvement or restoration of the natural environment, and as such criteria (i) and (x) are not relevant as suggested in the applicant’s supporting documents. The proposal seeks to diversify the tourism offering of the 2,500 acre Dunsinnan Estate. b) Development proposals in rural areas should be suitably scaled, sited and designed to be in keeping with the character of the area. They should also consider how the development will contribute towards local living and take into account the transport needs of the development as appropriate for the rural location. The design and siting of the proposed cabin would be in keeping with the character of the area. However, it is unclear how the layout has taken cognisance of local transport needs, as claimed in supporting documents. The site will be car-dependent due to its 1.65 km distance from the nearest public transport infrastructure, being bus stops at Saucher. In addition, the site is overly distant from the nearest tourism amenities. Criteria (c) and (d) of NPF4 Policy 29 are not relevant to this proposal, as the proposal is not in a remote rural area, nor does it involve the resettlement of previously inhabited areas. LDP2 Policy 8: Rural Business and Diversification is also of relevance in this instance. This states that “The Council will give favourable consideration to the expansion of existing businesses and the creation of new ones in rural areas. There is a preference that this will generally be within or adjacent to existing settlements. Sites outwith settlements may be acceptable where they offer opportunities to diversify an existing business or are related to an existing site-specific resource or opportunity”. It goes on to state that “Proposals for new tourism-related developments, and the expansion of existing facilities, will be supported where it can be demonstrated that they improve the quality of new or existing visitor facilities,
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allow a new market to be exploited, or extend the tourism season. Proposals for new tourism-related developments must be justified through a business plan.” This site is outwith a settlement boundary but located adjacent to an existing farmyard and cottage. The supporting documents include an “Applicant Manifesto (Business Plan)” however the nine bullet points contained within it lack the detail expected of a Business Plan. Further information submitted within a policy analysis document has made the case for the proposal being considered as an expansion of a tourism business since the adjacent cottage has been offered as a short term let, and that such an expansion would allow larger guest groups to be accommodated. Passing mention has also been made of the wider Dunsinnan Estate’s sport offering in terms of shooting, fishing and mountain biking. LDP2 Policy 8 also requires new countryside business proposals to meet several criteria. The applicable criteria to this proposal are listed in italics with the consideration of each criterion thereafter: a) that the proposal will contribute to the local economy through the provision of visitor accommodation - the proposal will provide visitor accommodation. b) the proposal will not result in suburbanisation of the rural area or encourage unsustainable travel patterns – The proposal is modest in scale and would accommodate two guests, but would be predominantly car dependent due to its remote location from public transport infrastructure and the core path network. As such, the proposal is poorly located to encourage sustainable travel for guests. c) the proposed use is compatible with surrounding land uses and will not detrimentally impact on the amenity of residential properties within or adjacent to the site – The impact on the adjacent residence would be acceptable in terms of light, privacy and general noise and disturbance. d) the proposal can be satisfactorily accommodated within the landscape and environmental capacity of the site – this criterion would be met due to the proximity to existing built form of the adjacent cottage and farm buildings on relatively flat ground to the north-west of the Sidlaw Hills. e) the proposal meets a specific need by virtue of its quality or location in relation to existing business or tourist facilities – When viewed in isolation, it is clear that the proposal has an attractive design. However, its location is remote from existing business or tourist facilities, and as such there is insufficient justification for the proposal against this criterion. f) where any new building or extensions are proposed they should achieve a high quality of design to reflect the rural nature of the site and be in keeping with the scale of the existing buildings – The design would be modern and architecturally pleasing and would be in keeping with the surrounding built form. Looking at LDP2 Policy 8 as a whole, it is unclear how this proposal, whilst being within the ownership of a wider 2,500 acre estate, would constitute a “site-specific opportunity”. The supporting documentation cites Ballo Woods as a nearby tourist attraction, but this is almost 6 kilometres away from the site. Also cited are fisheries at Lairds Loch, Ledcrieff Loch and Ledyatt Loch which are even further than Ballo
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Woods from the application site. There is also no indication that the sporting offer of the estate would take place close to Fairygreen Farm. As such, it is considered that the proposed site is too remote from existing tourism and other amenities and as such is unlikely to allow a new market to be exploited or extend the tourism season. In terms of improving the quality of new or existing visitor facilities, it is acknowledged that the existing adjacent Fairygreen Cottage has recently been let out as holiday accommodation, with Airbnb guest reviews dating back to May 2023. However, planning permission is not currently required to use a cottage as a short term let as it falls within the planning use Class 9 definition of a house. As such, a single holiday home does not constitute a tourism business or a new/existing visitor facility. The wider estate business clearly has ambitions to expand their tourism offer across the estate, and these would require assessment against the relevant planning policies in their own right. However, this does not necessarily mean that every location within the estate ownership will be appropriate for sustainable tourism development. In summary, the proposal fails to accord with the aims of NPF4 Policy 29 and LDP2 Policy 8 - Rural Business and Diversification due to its over-reliance on the private car in terms of transport, and its distance from tourism amenities. Holiday Accommodation NPF4 Policy 30 – Tourism outlines the following criteria relevant to this application: (b) Proposals for tourism related development will take into account: (i) the contribution made to the local economy; (ii) Compatibility with the surrounding area in terms of the nature and scale of the activity and impacts of increased visitors; (iii) impacts on communities, for example by hindering the provision of homes and services for local people; (iv) Opportunities for sustainable travel and appropriate management of parking and traffic generation and scope for sustaining public transport services particularly in rural areas; (v) Accessibility for disabled people; (vi) Measures taken to minimise carbon emissions; (vii) Opportunities to provide access to the natural environment. In this instance, the proposed holiday accommodation unit would make a modest contribution to the local economy by providing visitor accommodation in rural Strathmore. The impact on the local community would be low, however the nature and scale of the proposal, whilst modest, would be too remote from sustainable transport options and existing tourism infrastructure as set out elsewhere in this report. Also of relevance is LDP2 Policy 9C – Chalets, Timeshare and Fractional Ownership, and the relevant criterion (c) requires Developments to “meet a specific need by virtue of its quality or location in relation to existing tourism facilities”. There has been brief reference to the estate’s wider sport offerings and ambitions for expanding tourist accommodation, however this is not necessarily specific to this location, other than the existence of an existing holiday cottage on the adjacent plot
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which itself has not required planning permission to be used as such and is not therefore considered to be an existing tourism facility. Other tourism facilities and amenities, with the exception of the hills to the south-east, are far removed from the site. In summary, the proposal fails to accord with the criteria within NPF4 Policies 29: Rural Development and 30: Tourism, and LDP2 Policies 8: Rural Business and Diversification and 9C: Caravan Sites, Chalets and Timeshare Developments: Chalets, Timeshare and Fractional Ownership. Material matters such as the design response to the given site do not sufficiently overcome these conflicts with the Development Plan in terms of remoteness from tourism infrastructure, public transport options and amenities. Design, Layout And Landscape The site is within the Sidlaw Hills Local Landscape Area, whose special qualities include volcanic hills with distinctive south-east facing scarps and braes. The application plot is adjacent to an existing residence to the north-west, with the farmyard and buildings of Fairygreen Farm to the south-east. The proposed cabin has an attractive modern design which would not be out of keeping with the surrounding area and can be satisfactorily accommodated within its landscape setting. This element of the proposal therefore accords with NPF4 Policies 4(d): Natural Places, 14: Design, quality and place and LDP2 Policies 1A and 1B: Placemaking and 39: Landscape. Residential Amenity The proposal is adjacent to the existing residence at Fairygreen Cottage. However, the size, siting and design of the proposed cabin is such that it would not overshadow, overlook or cause excessive noise or disturbance to this residential neighbour. This element of the proposal is therefore acceptable. Roads and Access The proposed cabin would be accessed from the C440 public road via the existing farm track which leads to Fairygreen Farm. Transport Planning officers have noted that access upgrades and 120 metre visibility splays would be required at the junction with the C440 road, in addition to a roadside bin presentation area. Transport Planning are confident that such matters could be secured by planning condition. It is however noted that in terms of public transport, the nearest bus stop is 1.65 kilometres away at Saucher and is also remote from the Core Path network. Therefore, the proposal is therefore unlikely to promote sustainable transport access and conflicts with NPF4 Policy 13: Sustainable transport and LDP2 Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals.
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Drainage and Flooding There are no flooding concerns associated with the proposal. Scottish Water have however noted that private wastewater treatment options would be necessary and an informative would have drawn attention to their advice in the event of approval. Conservation Considerations There are no conservation concerns associated with the proposal. Natural Heritage and Biodiversity The proposed site plan shows some landscaping, and in the event of approval further detail of this would be required by planning condition. Subject to this conditional control, the proposal does not raise concern in terms of natural heritage or biodiversity and would accord with NPF4 Policy 3: Biodiversity and LDP2 Policy 41: Biodiversity. Major Hazards The site is located within the Outer Consultation Zone of the Ineos Oil Pipeline. In applying the HSE Matrix, the proposed one-bed holiday cabin attracts a sensitivity level of 1, which in an Outer Consultation Zone attracts the following advice: Do Not Advise Against Development (DAA). As such, the proposal is acceptable in terms of the hazard risk, and this element of the proposal therefore accords with NPF4 Policy 23: Health and Safety and LDP2 Policy 54: Health and Safety Consultation Zones. Developer Contributions The Developer Contributions Guidance has been applied to this application and the site is within the 'Reduced' Transport Infrastructure contributions zone. As such, s payment of £1,370 in respect of transport infrastructure would be required upfront in the event of an approval recommendation prior to the release of planning permission. Economic Impact The economic impact of the proposal is likely to be limited to guest expenditure in the local economy. However, this does not outweigh the matter of unsuitable location as expressed elsewhere in this report. 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 changes included the submission of 3D imagery and further planning policy analysis. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS None required.
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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. Conditions and Reasons 1 The proposed holiday accommodation is contrary to Policies 13: Sustainable Transport (part b), 29: Rural Development (part b), and 30: Tourism (part b) of National Planning Framework 4 (2022), and Policies 8: Rural Business and Diversification, 9C: Caravan Sites, Chalets and Timeshare Developments: Chalets, Timeshare and Fractional Ownership, and 60B: Transport Standards and Accessibility Requirements: New Development Proposals of the Perth & Kinross Local Development Plan 2 (2019). The proposal fails to meet the relevant criteria for countryside development to be justified, promotes unsustainable travel patterns by virtue of its remoteness from public transport options, and fails to meet a specific need by virtue of its quality or location in relation to existing businesses or tourist facilities. 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 04 05 06 07 08 09 10 11 12 13 14 15
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