(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 23-44)
Perth and Kinross Council · 15 January 2024
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4(i)(b) LRB-2023-44 LRB-2023-44 23/01088/FLL – Change of use of flat to form a short-term let accommodation unit (in retrospect), 4b Bonnethill Road, Pitlochry, PH16 5BS PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS
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REPORT OF HANDLING DELEGATED REPORT Ref No 23/01088/FLL Ward No P4- Highland Due Determination Date 11th September 2023 Draft Report Date 14th August 2023 Report Issued by JW Date 14 August 2023 PROPOSAL: Change of use of flat to form a short-term let accommodation unit (in retrospect) LOCATION: 4B Bonnethill Road Pitlochry PH16 5BS 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 application relates to an upper floor flat contained to the rear (northeast side) of the above, 2 ½ -storey, imposing corner building, which is prominently situated at the junctions of Bonnethill and Atholl Roads in Pitlochry town centre. The slate and sandstone building is unlisted, but has a good deal of period architectural charm that adds to the character of the Pitlochry Conservation Area in which it is located. Plans indicate that although the property has a dual aspect to the north (Bonnethill Road) and south (rear of Atholl Road buildings), the access to the upper floors is via a shared staircase which leads onto a private lane that is out with the application site area. Consent is being sought retrospectively to change the use of the studio apartment unit into a short term let. An application for a neighbouring 1 bedroom flat at 4A Bonnethill Road was recently refused under delegated powers. SITE HISTORY 16/01886/FLL Installation of replacement windows 20 January 2017 Application Refused 17/00219/FLL Installation of replacement windows 23 March 2017 Application Approved
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PRE-APPLICATION CONSULTATION Pre application Reference: 23/00250/LIC 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 7: Historic Assets and Places Policy 13: Sustainable Transport Policy 18: Infrastructure First 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 5: Infrastructure Contributions Policy 10: City, Town and Neighbourhood Centres Policy 28A: Conservation Areas: New Development Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals
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Statutory Supplementary Guidance Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2020) Supplementary Guidance - Placemaking (adopted in 2020) OTHER POLICIES Non Statutory Guidance Short Term Let Draft Planning Guidance Conservation areas 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 68 Design Statements 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 Scottish Water – no objection INTERNAK Structures And Flooding – no comments Environmental Health (Noise Odour) – no objection, advise that license is required Transportation And Development – no objection Communities Housing Strategy - Advised that the postcode district level of saturation of potential short-term lets is 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. REPRESENTATIONS None received Additional Statements Received: 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 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. In this instance, section 14(2) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such an application as this to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Section 64(1) of the Planning (Listed Buildings and Conservation Areas)
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(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 and Use Within the LDP2, the subjects are located within the central core of the Pitlochry Conservation Area where policies 28A and 10 (Town and Neighbourhood Centre) are of note, given the absence of any external alterations or established policy specifically relating to Short Term Lets. Current policy considerations essentially seek to promote a vibrant town centre and encourage uses commensurate to the location, which are in keeping with the character of the area and do not result in any adverse impacts. Placemaking considerations (policies 1A and 1B) are relevant in so far as they seek to guide development to the right location to avoid adverse impacts. Policy 27 City, town, local and commercial centres of NPF4 is also relevant as this supports commercial uses in the area, provided that the use will not be detrimental to residential amenity. NPF4 specifically endorses a tourism policy (30) which seeks to "encourage, promote and facilitate sustainable tourism development which benefits local people, is consistent with our net zero and nature commitments, and inspires people to visit Scotland". However, Policy 30 goes on to state 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. Consultees have advised that the application site is situated within a postcode district (PH16), which has a higher-than-average provision of short term lets, namely 12% 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. Draft planning guidance on short term lets has recently been produced due to concerns expressed over the impact of STL's 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.
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In respect of criterion (i) of NPF4 Policy 30(e), the proposed use of the property as a short term let would not be 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 expected high turnover of guests has the potential to increase disturbance to neighbouring residents. In addition, the proposal would contribute 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 would result 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 would adversely impact 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 Policy 1A: Placemaking, & 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 are compatible with the amenity and character of the area in which located. It is acknowledged that short term lets can result in additional levels of disturbance and noise concerns. Environmental Health officers note however that the main avenue to regulate such matters is via the separate licence control required. Given the studio accommodation layout of the property, short-term letting accommodation is unlikely to be significantly different from the former residential use, in terms of footfall. The change in character of the unit however (whether incrementally or cumulatively) in respect of the lack of occupants' permanency is deemed incompatible with the above policies. Roads and Access The proposals raise no access or parking concerns given the town centre location and proximity to public transport undertakers as well as parking provision. Conservation Considerations & Visual Amenity As no external works are proposed, the change of use will have no direct impact on the appearance of the property. The cumulative impact of short term lets could however be argued to impinge on the established character of the Conservation Area.
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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; 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. There, has, however been some recent discussion as part of this consultation draft as to whether the need for a property to have its own door to the street is fundamental in the assessment of an application for an STL or whether a general assessment of the possible impact on amenity should be undertaken. 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 minimal and limited to the construction phase of the development.
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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. Reason for Refusal 1 The 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 will have 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 change of use by reason of its location will not protect established residential amenity levels, nor 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 Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02
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