(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 215-236)
Perth and Kinross Council · 15 January 2024
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4(iv)(b) LRB-2023-47 LRB-2023-47 23/00572/FLL – Change of use from flat to short-term let accommodation unit (in retrospect), 4a Bonnethill Road, Pitlochry, PH16 5BS PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS
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REPORT OF HANDLING DELEGATED REPORT Ref No 23/00572/FLL Ward No P4- Highland Due Determination Date 26th June 2023 Draft Report Date 11th July 2023 Report Issued by ab Date 14/7/23 PROPOSAL: Change of use from flat to short-term let accommodation unit (in retrospect) LOCATION: 4A 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 one bedroomed unit into a short term let. SITE HISTORY Short term licences have been applied for. 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 7: Historic Assets and Places Policy 13: Sustainable Transport Policy 14: Design, Quality and Place 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 Statutory Supplementary Guidance Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2020) Supplementary Guidance - Placemaking (adopted in 2020) OTHER POLICIES Non Statutory Guidance Conservation areas short term let draft planning guidance
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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. CONSULTATION RESPONSES Internal: Environmental Health (Noise Odour) No objection, acknowledgment that noise can be an issue, however content to regulate this through an informative advising that a STL licence would be necessary. Communities Housing Strategy Have 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.
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Transportation And Development No objections Structures And Flooding No objections, advised that access route is subject to flooding. External: Scottish Water No objections noted REPRESENTATIONS None received. Additional Statements Received: Screening Opinion Not Required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations Not Required Design Statement or Design and Access Statement Not Required, no external changes 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 64(1) of the Planning (Listed Buildings and Conservation Areas) (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 & 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
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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. Background 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 shorty 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. It 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;
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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 1 Placemaking: 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 intent and policy 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. No background information has been provided in relation to business activities or “retrospective” nature of the STL, nor if there is a right of access over third party land to the public road or confirmation as to where any bins are located. Records indicate that the flat was last sold in December 2020, so it is assumed the commercial use has occurred recently. Irrespective, the loss of a residential unit for short-term letting use, does not accord with the draft guidance specifically in terms of the key criteria or in having its own access direct to the street. As a result, the development is considered inappropriate in this location and contrary to NPF4 policy 30, LDP2 policies 1A and associated draft supplementary guidance. 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 double, x 1 bedroom 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 and potential for disturbance in shared access spaces is deemed incompatible with policy aims. 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.
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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. 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. VARIATION OF APPLICATION UNDER SECTION 32A This application was not varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. 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 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 In the interests of amenity and proper planning, the change of use by reason of its location and shared access arrangements will not protect established residential amenity levels, nor contribute positively to the area in which located. The development
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is as a result contrary to Policies 1A & 10 of Perth & Kinross Local Development Plan 2 (2019) as well as the associated draft supplementary 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 applicable Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02
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Page 1 of 8 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 100624524-001 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. Type of Application What is this application for? Please select one of the following: * Application for planning permission (including changes of use and surface mineral working). Application for planning permission in principle. Further application, (including renewal of planning permission, modification, variation or removal of a planning condition etc) Application for Approval of Matters specified in conditions. Description of Proposal Please describe the proposal including any change of use: * (Max 500 characters) Is this a temporary permission? * Yes No If a change of use is to be included in the proposal has it already taken place? Yes No (Answer ‘No’ if there is no change of use.) * Has the work already been started and/or completed? * No Yes – Started Yes - Completed Please state date of completion, or if not completed, the start date (dd/mm/yyyy): * Please explain why work has taken place in advance of making this application: * (Max 500 characters) 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 Change of use from a flat to a short term let accommodation No Work has taken place as it is soley a change of use. 01/08/2022
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Page 2 of 8 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 Ms 4A BONNETHILL ROAD Michelle Perth and Kinross Council McMillan The river tilt caravan park 47 PITLOCHRY PH16 5BS PH18 5TE Scotland 758119 Blair Atholl 294011 Invertilt road
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Page 3 of 8 Pre-Application Discussion Have you discussed your proposal with the planning authority? * Yes No Site Area Please state the site area: Please state the measurement type used: Hectares (ha) Square Metres (sq.m) Existing Use Please describe the current or most recent use: * (Max 500 characters) Access and Parking Are you proposing a new altered vehicle access to or from a public road? * Yes No If Yes please describe and show on your drawings the position of any existing. Altered or new access points, highlighting the changes you propose to make. You should also show existing footpaths and note if there will be any impact on these. Are you proposing any change to public paths, public rights of way or affecting any public right of access? * Yes No If Yes please show on your drawings the position of any affected areas highlighting the changes you propose to make, including arrangements for continuing or alternative public access. How many vehicle parking spaces (garaging and open parking) currently exist on the application Site? How many vehicle parking spaces (garaging and open parking) do you propose on the site (i.e. the Total of existing and any new spaces or a reduced number of spaces)? * Please show on your drawings the position of existing and proposed parking spaces and identify if these are for the use of particular types of vehicles (e.g. parking for disabled people, coaches, HGV vehicles, cycles spaces). Water Supply and Drainage Arrangements Will your proposal require new or altered water supply or drainage arrangements? * Yes No Do your proposals make provision for sustainable drainage of surface water?? * Yes No (e.g. SUDS arrangements) * Note:- Please include details of SUDS arrangements on your plans Selecting ‘No’ to the above question means that you could be in breach of Environmental legislation. Are you proposing to connect to the public water supply network? * Yes No, using a private water supply No connection required If No, using a private water supply, please show on plans the supply and all works needed to provide it (on or off site). 60.00 short term let accommodation 0 0
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Page 4 of 8 Assessment of Flood Risk Is the site within an area of known risk of flooding? * Yes No Don’t Know If the site is within an area of known risk of flooding you may need to submit a Flood Risk Assessment before your application can be determined. You may wish to contact your Planning Authority or SEPA for advice on what information may be required. Do you think your proposal may increase the flood risk elsewhere? * Yes No Don’t Know Trees Are there any trees on or adjacent to the application site? * Yes No If Yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if any are to be cut back or felled. Waste Storage and Collection Do the plans incorporate areas to store and aid the collection of waste (including recycling)? * Yes No If Yes or No, please provide further details: * (Max 500 characters) Residential Units Including Conversion Does your proposal include new or additional houses and/or flats? * Yes No All Types of Non Housing Development – Proposed New Floorspace Does your proposal alter or create non-residential floorspace? * Yes No Schedule 3 Development Does the proposal involve a form of development listed in Schedule 3 of the Town and Country Yes No Don’t Know Planning (Development Management Procedure (Scotland) Regulations 2013 * If yes, your proposal will additionally have to be advertised in a newspaper circulating in the area of the development. Your planning authority will do this on your behalf but will charge you a fee. Please check the planning authority’s website for advice on the additional fee and add this to your planning fee. If you are unsure whether your proposal involves a form of development listed in Schedule 3, please check the Help Text and Guidance notes before contacting your planning authority. Planning Service Employee/Elected Member Interest Is the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or an Yes No elected member of the planning authority? * i already have bins outside the property for waste
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Page 5 of 8 Certificates and Notices CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATION 2013 One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1, Certificate B, Certificate C or Certificate E. Are you/the applicant the sole owner of ALL the land? * Yes No Is any of the land part of an agricultural holding? * Yes No Are you able to identify and give appropriate notice to ALL the other owners? * Yes No Certificate Required The following Land Ownership Certificate is required to complete this section of the proposal: Certificate B Land Ownership Certificate Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 I hereby certify that (1) - No person other than myself/the applicant was an owner [Note 4] of any part of the land to which the application relates at the beginning of the period of 21 days ending with the date of the accompanying application; or – (1) - I have/The Applicant has served notice on every person other than myself/the applicant who, at the beginning of the period of 21 days ending with the date of the accompanying application was owner [Note 4] of any part of the land to which the application relates. Name: Address: Date of Service of Notice: * Ms Michelle McMillan 21/04/2023
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Page 6 of 8 (2) - None of the land to which the application relates constitutes or forms part of an agricultural holding; or – (2) - The land or part of the land to which the application relates constitutes or forms part of an agricultural holding and I have/the applicant has served notice on every person other than myself/himself who, at the beginning of the period of 21 days ending with the date of the accompanying application was an agricultural tenant. These persons are: Name: Address: Date of Service of Notice: * Signed: Ms Michelle McMillan On behalf of: Date: 08/04/2023 Please tick here to certify this Certificate. * Checklist – Application for Planning Permission Town and Country Planning (Scotland) Act 1997 The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information in support of your application. Failure to submit sufficient information with your application may result in your application being deemed invalid. The planning authority will not start processing your application until it is valid. a) If this is a further application where there is a variation of conditions attached to a previous consent, have you provided a statement to that effect? * Yes No Not applicable to this application b) If this is an application for planning permission or planning permission in principal where there is a crown interest in the land, have you provided a statement to that effect? * Yes No Not applicable to this application c) If this is an application for planning permission, planning permission in principle or a further application and the application is for development belonging to the categories of national or major development (other than one under Section 42 of the planning Act), have you provided a Pre-Application Consultation Report? * Yes No Not applicable to this application
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Page 7 of 8 Town and Country Planning (Scotland) Act 1997 The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 d) If this is an application for planning permission and the application relates to development belonging to the categories of national or major developments and you do not benefit from exemption under Regulation 13 of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, have you provided a Design and Access Statement? * Yes No Not applicable to this application e) If this is an application for planning permission and relates to development belonging to the category of local developments (subject to regulation 13. (2) and (3) of the Development Management Procedure (Scotland) Regulations 2013) have you provided a Design Statement? * Yes No Not applicable to this application f) If your application relates to installation of an antenna to be employed in an electronic communication network, have you provided an ICNIRP Declaration? * Yes No Not applicable to this application g) If this is an application for planning permission, planning permission in principle, an application for approval of matters specified in conditions or an application for mineral development, have you provided any other plans or drawings as necessary: Site Layout Plan or Block plan. Elevations. Floor plans. Cross sections. Roof plan. Master Plan/Framework Plan. Landscape plan. Photographs and/or photomontages. Other. If Other, please specify: * (Max 500 characters) Provide copies of the following documents if applicable: A copy of an Environmental Statement. * Yes N/A A Design Statement or Design and Access Statement. * Yes N/A A Flood Risk Assessment. * Yes N/A A Drainage Impact Assessment (including proposals for Sustainable Drainage Systems). * Yes N/A Drainage/SUDS layout. * Yes N/A A Transport Assessment or Travel Plan Yes N/A Contaminated Land Assessment. * Yes N/A Habitat Survey. * Yes N/A A Processing Agreement. * Yes N/A Other Statements (please specify). (Max 500 characters)
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Page 8 of 8 Declare – For Application to Planning Authority I, the applicant/agent certify that this is an application to the planning authority as described in this form. The accompanying Plans/drawings and additional information are provided as a part of this application. Declaration Name: Ms Michelle McMillan Declaration Date: 08/04/2023 Payment Details
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