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(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
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02
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