(a) Notice of Review and supporting documents (Pages 601-660)
Perth and Kinross Council · 18 December 2023
Back to Local Review Body — 18 December 2023 and its agenda
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5(i)(a) LRB-2023-17 LRB-2023-17 – 22/01942/IPL – Residential development (in principle), land 50 metres south of Strawberrybank, Longforgan PAPERS SUBMITTED BY THE APPLICANT
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Page 1 of 5 Pullar House 35 Kinnoull Street Perth PH1 5GD Tel: 01738 475300 Fax: 01738 475310 Email: onlineapps@pkc.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100605355-003 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity Karen Clark Planning Consultancy Karen Clark Brechin Road 69 07930566336 DD8 4DE UK Kirriemuir karen@ktclark.co.uk
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Page 2 of 5 Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Mr 2 STRAWBERRYBANK Kenneth Perth and Kinross Council Petrie LONGFORGAN Old Littleton Road Strawberrybank DUNDEE DD2 5HU DD2 5HU UK 730318 Longforgan 330781
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Page 3 of 5 Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) Planning permission in principle for residential development (two houses) with associated access Please refer to attached Statement of Review At the time of the application no opportunity was provided to respond to the Transport Planning request for additional information. The lack of information was used as a basis for reason for refusal 2. Additional information is therefore provided to fully respond to this matter.
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Page 4 of 5 Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Statement is Support of the Application for Review • Appendix 1 Application Forms • Appendix 2 Plans and Location Plan • Appendix 3 Refusal Notice • Appendix 4 Report of Handling • Appendix 5 Access Visibility Splays, including Speed Survey Results- Millards Consulting Engineers • Appendix 6 Transport Planning Consultation Response 15/12/22 • Appendix 7 Landownership Plan • Appendix 8 Plot Comparison Plan 22/01942/IPL 23/01/2023 22/11/2022
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Page 5 of 5 Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mrs Karen Clark Declaration Date: 10/04/2023
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REPORT OF HANDLING DELEGATED REPORT Ref No 22/01942/IPL Ward No P1- Carse Of Gowrie Due Determination Date 21st January 2023 Draft Report Date 18th January 2023 Report Issued by JW Date 18 Jan 2023 PROPOSAL: Residential development (in principle) LOCATION: Land 50 Metres South Of Strawberrybank Longforgan 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 in principle is sought for residential development within a triangular site which sits at the southern end of row of four properties on Old Littleton Road which is located in a rural area to the north of Longforgan and the A90 trunk road. The application site is bound on its eastern side by the Old Littleton Road which curves around the south and east sides of the site. There is an embankment on this boundary which drops down to the public road. The site is therefore largely screening from the public road to the south. To the north is Strawberry Bank, an existing residential property owned by the applicant. To the west are open fields. The site is currently a grass paddock surrounded by leylandi hedging. An indicative layout has been submitted which shows two dwellinghouses located in the northern half of the site with access from the east to Old Littleton Road. The site has been subject to a pre application enquiry (20/00235/PREAPP) which indicated that the proposal would likely be considered contrary to the Housing in the Countryside Policy (Policy 19) of the Perth and Kinross Council Local Development Plan and the associated Supplementary Guidance. SITE HISTORY None PRE-APPLICATION CONSULTATION Pre application Reference: 20/00235/PREAPP
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NATIONAL POLICY AND GUIDANCE The Scottish Government expresses its planning policies through The National Planning Framework, the Scottish Planning Policy (SPP), Planning Advice Notes (PAN), Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. National Planning Framework 4 The National Planning Framework 4 (NPF4) was approved by the Scottish Parliament on 11 January 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 policies of NPF4 and it is considered that the development proposal accords with the intentions of this document. DEVELOPMENT PLAN The Development Plan for the area comprises the TAYplan Strategic Development Plan 2016-2036 and the Perth and Kinross Local Development Plan 2 (2019). TAYplan Strategic Development Plan 2016 – 2036 - Approved October 2017 Whilst there are no specific policies or strategies directly relevant to this proposal the overall vision of the TAYplan should be noted. The vision states “By 2036 the TAYplan area will be sustainable, more attractive, competitive and vibrant without creating an unacceptable burden on our planet. The quality of life will make it a place of first choice where more people choose to live, work, study and visit, and where businesses choose to invest and create jobs.” 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 2: Design Statements Policy 5: Infrastructure Contributions Policy 6: Settlement Boundaries Policy 19: Housing in the Countryside
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Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development Policy 39: Landscape Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals OTHER POLICIES Housing in the Countryside Supplementary Guidance 2020 Placemaking Supplementary Guidance 2020 Developer Contributions and Affordable Housing Supplementary Guidance 2020 CONSULTATION RESPONSES EXTERNAL Transport Scotland – no objection Perth And Kinross Heritage Trust – no objection Scottish Water – no objection Dundee Airport Ltd – no objection INTERNAL Transportation And Development – concerns regarding visibility at junction with Old Littleton Road Development Contributions Officer – conditions recommended to secure infrastructure contributions Environmental Health (Contaminated Land) – no objection Structures And Flooding – no objection REPRESENTATIONS None received
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ADDITIONAL STATEMENTS Screening Opinion EIA Not Required Environmental Impact Assessment (EIA): Environmental Report Not Required 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 for the area comprises NFP4, the approved TAYplan and the adopted LDP2. 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. Planning Principle The Perth and Kinross Local Development Plan 2019 (LDP2) through Policy 6 - Settlement Boundaries specifies that development will not be permitted, except within the defined settlement boundaries which are defined by a settlement boundary in the Plan. However, through Policy 19 - Housing in the Countryside, it is acknowledged that opportunities do exist for housing in rural areas to support the viability of communities, meet development needs in appropriate locations while safeguarding the character of the countryside as well as ensuring that a high standard of siting and design is achieved. Thus the development of single houses or groups of houses which fall within the six identified categories will be supported. The Council will support proposals for the erection, or creation through conversion, of single houses and groups of houses in the countryside which fall into at least one of the following categories: 1) Building Groups 2) Infill site 3) New houses in the countryside on defined categories of sites as set out in section 3 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
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The proposed site is not considered to meet any of the identified categories for the development above. An existing building group is defined as 3 or more buildings of a size at least equivalent to a traditional cottage, where they are for residential and/or business/agricultural nature. The supplementary guidance (SG), "The Housing in the Countryside SG" which was adopted in 2020 assists in the assessment of the Policy 19. Consent will be granted for houses within building groups provided they do not detract from both 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. All proposals must respect the character, layout and building pattern of the group and demonstrate that a high standard of residential amenity can be achieved for the existing and proposed house(s). Proposals which contribute towards ribbon development will not be supported. In this case, whilst the site sits to the south of an existing building group and the application site is well defined by existing landscape features and topography, the site is significantly larger than the plots within the adjacent grouping to the north and due to the position of the embankment and the sloping topography along the east and south boundaries it would not be possible to front any development onto the road which is characteristic of the building group to the north. As mentioned above the policy requires new development to respect the established character and building pattern of the adjacent grouping. This proposal is not considered to achieve this. Strawberrybank to the north is considered to form a defined southern edge to the grouping, particularly given its orientation and relationship with the public road and is considered to be a logical southern edge to the grouping before the public road beings to curve in a westerly direction towards the junction with the A90. The indicative layout which has been submitted, only serves to demonstrate that development on this site would fail to respect the established character of the grouping which generally sees dwellings fronting eastwards onto the public road. As such the development of this particular site would not relate to the established character and built form of the adjacent group. Furthermore, the site is not an infill site, it does not involve the renovation or replacement of an existing house or the conversion or replacement of redundant non domestic buildings. Furthermore, no evidence has been provided relating to the criteria within category 3 as such the development would not meet the criteria within that category. The site is also not considered to meet the criteria within category 6 relating to brownfield land. As such the proposal does not meet any of the categories of development within the Housing in the Countryside Supplementary Guidance and therefore the principle of residential development fails to comply with Policy 19 of the Perth and Kinross Local Development Plan 2019.
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Design and Layout The Housing in the Countryside Guide Supplementary Guidance includes detailed siting criteria which require to be considered in any proposal and these criteria are echoed by the requirements of Policy 1A and B of the LDP2 which relate placemaking. Overall, the policies require new development to reflect its surroundings in terms of scale, landscape character and design. As this is an application in principle no detailed design or scale of dwelling(s) has been submitted at this stage. Nevertheless, the principle of residential development on this site is not considered to be acceptable and is not in accordance with LDP2 policy. Residential Amenity The site is of sufficient footprint and there is an opportunity to position any dwelling(s) in a location which ensures that the neighbouring properties are not overlooked given the distance which would be apparent between windows of the new house and the existing properties. As this application is only in principle there is no opportunity to assess this in detail, at this stage, however this can be assessed if a detailed application is received. The orientation of any house(s) and their height, together with the window positions would be an important consideration should any detailed application come forward. Nevertheless, the principle of residential development on this site is not considered to be acceptable and is not in accordance with LDP2 policy. Drainage and Flooding The site will be required to connect to a Sustainable Urban Drainage System (SUDS) which can be secured by condition and considered further at any detailed application stage. A private foul drainage system would be required and details of this should be submitted with any detailed application. This is considered to comply with policies 53B and 53C of the LDP2 and the detailed design of this will be secured through the building warrant process. The site is not considered to be at risk from flooding. Traffic and Access The site is proposed to be accessed from the north east corner onto Old Littleton Road which is an existing field access. The vehicle access to the public road network for the properties will be via an existing farm track into the field off Old Littleton Road (U143). This track will be upgraded as part of the development. The site access is at the end of a blind curve from the A90 junction, making visibility poor. The speed limit on Old Littleton Road is 40mph. The submission has advised that works will be carried out to improve the visibility splay, but it would appear that these works are out with the red line planning application boundary. Transportation and Development have asked that these details are submitted for consideration. Given that the principle of development is considered to be contrary to policy, this information has not been requested. Given the lack of information in this regard the proposal is considered to be contrary to Policy 60B as it has not been demonstrated that a safe access and egress to the site can be provided.
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Transport Scotland have offered no objection in relation to the adjacent A90 trunk road. Developer Contributions 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 Longforgan Primary School and a condition would be required to ensure this element of the guidance is adhered to should any planning consent be granted. Transportation The site is located outwith the area where a transportation contribution is required. Economic Impact The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. 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 for Refusal The proposal is contrary to Policy 19 Housing in the Countryside of the Perth and Kinross Council Local Development Plan 2019 (LDP2) and the associated Housing in the Countryside Supplementary Guidance 2020 (SG) as whilst the site sits to the
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south of an existing building group and is well defined by existing landscape features and topography, the site is significantly larger than the plots within the adjacent grouping to the north and due to the position of the embankment and the sloping topography along the east and south boundaries it would not be possible to front any development onto the road which is characteristic of the building group to the north. The proposed site therefore fails to respect the character and building pattern of the existing building group. The proposal also fails to meet any of the other categories of development outlined in the SG. The proposal is contrary to Policy 60B Transport Standards of the Perth and Kinross Council Local Development Plan 2019 (LDP2) as insufficient information has been submitted to demonstrate that a safe access and egress onto the public road can be achieved given that the site access is located at the end of a blind curve on the U143 Old Littleton Road. The submission states that works will be carried out to improve the visibility splay, but it would appear that these works are out with the red line boundary. 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 01-05
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