(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 175-194)
Perth and Kinross Council · 15 January 2024
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4(iii)(b) LRB-2023-46 LRB-2023-46 23/01362/FLL – Change of use of flat to form short-term let accommodation unit (in retrospect) at 2 Jubilee Place, Pitlochry, PH16 5GA PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS (part included in applicant’s submission, pages 161-163)
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REPORT OF HANDLING DELEGATED REPORT Ref No 23/01362/FLL Ward No P4- Highland Due Determination Date 20th October 2023 Draft Report Date 17th October 2023 Report Issued by JF Date 17.10.23 PROPOSAL: Change of use of flat to form short-term let accommodation unit (in retrospect) LOCATION: 2 Jubilee Place Pitlochry PH16 5GA 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 application is for a change of use of a flat to short term let accommodation. The flat is located within a residential area of Pitlochry built circa 2015 forming part of the redevelopment of the former curling rink. The wider site comprises of 22 flats which are a mix of affordable and private ownership. The property is a first floor flat and comprises two bedrooms, one en-suite, bathroom, sitting room and kitchen. It has its own direct access to the street and a parking space. The application form states the property has been used as an STL since 2015. The application site has been visited so that an assessment of the wider character of the area could be made. SITE HISTORY 09/00585/FUL Erection of 29 flats 22 July 2009 Application Withdrawn 09/01280/FLL Erection of 22 flats (revision to block 3/4) 15 April 2011 Application Approved PRE-APPLICATION CONSULTATION Pre application Reference: N/A 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 14: Design, Quality and Place 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 17: Residential Areas Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance Supplementary Guidance - Placemaking (adopted in 2020) OTHER POLICIES Non Statutory Guidance Draft Planning Guidance Proposed Short-Term Let Control Area (Consultation ended 18th August 2023) 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. CONSULTATION RESPONSES Communities Housing Strategy Saturation levels of STLs highlighted Environmental Health (Noise Odour) No objection
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REPRESENTATIONS No 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 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 proposal seeks to change the use of an existing flat in Pitlochry settlement to a short term let. The primary policy in this instance is NPF4 Policy 30(e): Tourism, as there is no specific LDP2 policies relating to Short-Term Let accommodation, particularly where changes of use of existing properties are concerned. 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. NPF4 Policy 30(e): Tourism states 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
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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, which is at a 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. 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 residential character of the flatted development with communal/shared areas of a central parking courtyard. 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 Placemaking Policies 1A and 1B and Policy 17: Residential Areas support proposals which are compatible with the amenity and character of the surrounding area. The flat forms the southwest block of the wider flatted development forming a courtyard of 22 flats. The arrangement of the buildings provides for a quiet, private, enclosed development with a central parking area. Through the use of the flat as a short term let there is the potential for noise from the users of the properties to affect neighbouring residential properties. The introduction of Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 requires these to be licensed and noise conditions will form part of the licence.
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The use of the property as a short-term let is considered to be incompatible with the character of the residential flatted development. The intensification of use and movements would adversely impact the amenity of neighbouring residents and would alter the existing private, quiet, residential character of the courtyard. As the proposal would not be compatible with the amenity and character of the surrounding area, it also fails to satisfy national and local placemaking policies (NPF4 Policy 14 and LDP2 Policies 1A and 1B) as well as LDP2 Policy 17 Residential Areas. Roads and Access One parking space is allocated to the 2-bedroom property. It would not be inconceivable for more than one car to be used by guests. As the principle of development is not supported it has not been investigated what other parking would be available in the locale. Other Material Considerations - Proposed Short-Term Let Control Area and Draft Planning Guidance This document is a material consideration for this planning application. The draft document was approved by elected members for consultation on 31 May 2023. The public consultation started on 2 June 2023 and closed on 18 August 2023. The document notes that the planning guidance (draft) will be used to assess planning applications. It should be highlighted that the planning guidance is in draft form, and as a result of the consultation process its contents may change. The guidance states that the benefits offered from short term lets 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. At this stage little weight is given to this guidance but the recommendation in this case does not raise any issues. 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 small scale related to local spending. VARIATION OF APPLICATION UNDER SECTION 32A This application was not varied prior to determination. 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 retrospective change of use is contrary to Policy 30, Tourism e) of National Planning Framework 4 (2023) as the proposal will result in: i) An unacceptable impact on local amenity and character of the area, and ii) The loss of residential accommodation where such loss is not outweighed by demonstrable local economic benefits. 2 The proposal is contrary to National Planning Framework 4 (2023) Policy 14c): Design, Quality and Place and Perth and Kinross Local Development Plan 2 (2019), Policies 1A and 1B: Placemaking and Policy 17 d) Residential Areas as the short-term let accommodation would adversely impact on the amenity of residents of the flats and the short-term let use is not compatible with the amenity and character of the existing private, quiet, enclosed residential development. 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 The applicant is advised that the use of the property as a short term let should cease immediately to avoid formal enforcement action being considered. Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04
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