(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 129-150)
Perth and Kinross Council · 12 February 2024
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4(ii)(b) LRB-2023-51 LRB-2023-51 23/01599/FLL - Change of use from flat to a short-term let accommodation unit (in retrospect), 81 Balhousie Street, Perth, PH1 5BG PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS
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REPORT OF HANDLING DELEGATED REPORT Ref No 23/01599/FLL Ward No P12- Perth City Centre Due Determination Date 3rd December 2023 Draft Report Date 13th November 2023 Report Issued by cm Date 13/11/23 PROPOSAL: Change of use from flat to a short-term let accommodation unit (in retrospect) LOCATION: 81 Balhousie Street Perth PH1 5BG 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 (in retrospect). The 2-bedroom ground floor flat is located in a 2-storey, four in a block flatted building in a residential neighbourhood on the west side of Balhousie Street, north of the city centre. The property is accessed by a private door and has in-curtilage parking and a rear garden. SITE HISTORY None. PRE-APPLICATION CONSULTATION 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). 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
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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 13: Sustainable Transport 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 Planning Guidance – Change of Use of Residential Property to Short-Term Let 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.
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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. CONSULTATION RESPONSES Internal Environmental Health (Noise Odour) - No objection. Short-term let informative recommended. Communities Housing Strategy - The postcode district level of saturation of potential short-term lets for PH1 is below 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 No representations were received.
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Additional Statements Received: Screening Opinion EIA Required/Not Required Environmental Impact Assessment (EIA): Environmental Report Submitted/Not Required/Not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed/ AA Completed/ AA Not Required Design Statement or Design and Access Statement Submitted/Not Required Report on Impact or Potential Impact eg Flood Risk Assessment Submitted/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 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. 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 ii. The loss of residential accommodation where such loss is not outweighed by demonstrable local economic benefits. In respect of criterion (i) of NPF4 Policy 30(e), the short term let use and movement through the turnover of guests will have a detrimental effect on existing residents and an associated adverse impact on the safety and perceived safety of those residents.
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The intensification of the short term let use would exacerbate the situation. The flatted development is private residential in nature, and the introduction of short term let uses could erode that residential character and amenity on a cumulative basis. The short term let use is incompatible with the residential block of four flats and the established surrounding residential development. In respect of criterion (ii) of NPF4 Policy 30(e), the proposal has resulted in the loss of a 2-bedroom flat to short term let accommodation in an established residential area north of the city centre. The contribution to the local economy from one property in use as a short term let would be limited. The loss of a 2-bedroom residential flat is not outweighed by demonstrable local economic benefits. The proposal does not satisfy clause ii) of part e) of Policy 30 in NPF4. The proposal does not satisfy NPF4 Policy 30. 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. This is discussed in more detail below. 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 ground floor flat is one of four flats in a 2-storey block. 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. A supporting statement has been submitted which outlines the owners plans to give new life to uninhabited properties and the benefits of short-term rentals in Perth. However, the use of the property as a short-term let is incompatible with the character of the flatted block and the surrounding residential area. The intensification of use and movements would adversely impact the amenity of neighbouring residents and would alter the private residential character. Any measures put in place to manage and control bookings would not guarantee to stop or prevent anti-social or noisy behaviour occurring or from impacting adversely on the amenity of neighbouring residents. This matter could not easily be controlled by planning conditions. The proposal does not satisfy NPF4 Policy 14 Design, Quality and Place and LDP2 Policies 1A and 1B Placemaking and LDP2 Policy 17: Residential Areas.
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Roads and Access Off street parking is provided for 2no vehicles as indicated on the application form. There are no access or parking concerns in light of the location and associated access to public transport options in the form of bus stops. The proposal satisfies NPF4 Policy 13 and LDP2 Policy 60B. Other Material Considerations Non-Statutory Planning Guidance The Council’s non-statutory planning guidance on short term lets was approved on 1 November 2023. The planning guidance is a material consideration. The guidance 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 Council wishes to support a sustainable visitor economy and therefore recognises the importance of addressing the short- term let issue whilst also encouraging the development of appropriately located hotels, guest houses and bespoke self-catering units that do not erode local housing availability. The guidance outlines matters to be considered in the assessment of a planning application including whether the property is within a predominantly residential area and there could be adverse impact on amenity for existing residents, particularly in blocks with shared / communal entry. It also states 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. As previously highlighted in the report, the proposed use is incompatible with the neighbouring residential uses in a long established residential area north of the city centre. The short term let use and the movement of guests could erode residential amenity on a cumulative basis. The proposal does not comply with relevant NPF4 and LDP2 policies as required and set out in the planning guidance. 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. 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.
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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. 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 and the short-term let use is not compatible with the amenity and character of the established surrounding 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. Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03
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