(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 369-392)
Perth and Kinross Council · 12 February 2024
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4(v)(b) LRB-2023-54 LRB-2023-54 23/01311/FLL – Change of use of flat to form short-term let accommodation unit, 4 Kirk View Apartments, Bonnethill Road, Pitlochry, PH16 5FP PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS
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1 REPORT OF HANDLING DELEGATED REPORT Ref No 23/01311/FLL Ward No P4- Highland Due Determination Date 24th October 2023 Draft Report Date 6th November 2023 Report Issued by JC Date 6th November 2023 PROPOSAL: Change of use of flat to form short-term let accommodation unit LOCATION: 4 Kirk View Apartments Bonnethill Road Pitlochry PH16 5FP 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 This application seeks approval for the change of use of a first floor two-bedroom flat to short term let accommodation unit within a detached residential building on Bonnethill Road, outwith Pitlochry Town Centre but within Pitlochry Conservation Area. The flat is accessed via a communal staircase in the centre of the building. There are four neighbouring flats within the building across three floors. SITE HISTORY 19/00093/FLL Erection of 5 flats, formation of parking area, landscaping and associated works Application Approved 5 March 2019 PRE-APPLICATION CONSULTATION Pre application Reference: 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 sets out how to improve people’s lives by making sustainable, liveable and productive spaces.
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2 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 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 28A: Conservation Areas: New Development Policy 56: Noise Pollution Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance - Supplementary Guidance - Placemaking (adopted in 2020) OTHER POLICIES Non Statutory Guidance -Non-Statutory Planning Guidance – Change of Use of Residential Property to Short-Term Let (adopted in November 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. 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
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3 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 Consultees Environmental Health (Noise Odour) - No objections subject to short term let licensing informative, and noise conditions would form part of any licence that was granted. Communities Housing Strategy - The proposal is for the change of use from residential flatted dwelling to short-term let accommodation in an area with a mix of residential and accommodation businesses in Pitlochry. Relevant NPF4 Policy 30: 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 The Local Housing Strategy 2022-27 includes an action to develop planning policy through the Local Development Plan 3 where appropriate for STL Control Areas.
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4 The postcode district level of saturation of potential short-term lets for PH16 is 12.0% and above the level at which it may be considered appropriate to introduce a control area in order to help manage high concentrations of Short-Term Lets where it affects the availability of residential housing or the character of a neighbourhood. REPRESENTATIONS 1 representation was received and is summarised as follows: Proposal will exacerbate local housing availability with associated impact for existing staffing shortages Proposal will do little for local prosperity, both through limited guest spending and income accruing to owners based elsewhere In response to the above comments, it is considered that whilst economic matters are a planning consideration, the place of residence of a property owner is not. 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 None Submitted Report on Impact or Potential Impact eg Flood Risk Assessment None Submitted 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. 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.
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5 Policy Appraisal The proposal seeks to change the use of an existing first floor 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. As such, LDP2 Placemaking Policies 1A and 1B, and 17: Residential Areas have relevance for a proposal of this nature, and seek to protect or improve residential amenity, and create safe, accessible, inclusive places for people. Specifically, 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. The postcode district level of saturation of potential short-term lets for PH16 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. 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 high turnover of guests would likely be higher than typical private rented or owner-occupied accommodation, and this could have an impact on noise and disturbance to neighbours. Whereas such impacts may be offset in town centre or mixed-use areas such as the lower end of Bonnethill Road, the same cannot be said for this building which comprises five residential flats further uphill outwith the Town 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, as evidenced in the Housing Strategy Team consultation response. This in turn would adversely impact the availability of residential accommodation locally, and representations have highlighted the knock-on effect this could have on existing staff shortages locally, not only for tourism related businesses but essential services. The extent to which short term let accommodation would benefit the local economy above and beyond typical residential use has also been questioned in the representations. The policy requires the local economic benefits associated with short term let proposals to be demonstrable. However, no supporting documentation has been submitted by the applicant in this regard. Furthermore, even if such documentation
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6 had been forthcoming, it is unlikely that economic benefits accruing from one short term let unit would outweigh the loss of this residential flat to holiday use. The proposal therefore conflicts with NPF4 Policy 30(e) Tourism, and the intent of LDP2 Policies 1A: Placemaking and 17: Residential Areas. The principle in this instance is therefore unacceptable. Residential Amenity NPF4 Policy 14: Design, Quality and Place and LDP2 Policies 1A: Placemaking, and 17: Residential Areas supports proposals, including business and tourism, which are compatible with the amenity and character of the surrounding area, and consistent with the six qualities of successful places. It is acknowledged that short term lets can result in additional levels of disturbance and noise concerns, and that the primary avenue to regulate such matters is via the separate licensing regime. In this instance, there is the potential for noise from the users of the property to affect neighbouring residential properties. The introduction of Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 requires these to licensed and noise conditions will form part of the licence. Notwithstanding this, a recent appeal decision from the DPEA elsewhere in Perth and Kinross at Birnam (ref: PPA-340-2155), indicated that management guidelines cannot be relied upon to restrict or control the adverse impacts on neighbouring properties and harm to amenity. Furthermore, harm to amenity could arise even if there is effective control, due to the frequent turnover of guests. Whilst a hotel development is located nearby to the south at the edge of the Town Centre boundary, the immediate neighbouring buildings to the north and east of the application site are residential in nature. The proposed intensification of use and movements would adversely impact the amenity of neighbouring residents within the host building and would alter the existing residential character of this upper part of Bonnethill Road. As such, the proposal fails to accord with the intent of NPF4 Policy 14(c) and LDP2 Policies 1A and 17 in respect of residential amenity, by virtue of its location in a predominantly residential area. Conservation Considerations and Visual Amenity As no external works are proposed, the change of use would have no direct impact on the physical appearance of this recently built property. However, it could be argued that the cumulative impact of short term let accommodation, as evidenced in the Housing Strategy Team’s consultation response, has an adverse impact on the established character of the Conservation Area. Roads and Access The proposals raise no access or parking concerns, as one off-street parking space is associated with the existing flat. The application site is also within convenient distance of public transport options in the form of bus stops on Atholl Road and
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7 Pitlochry Railway Station. In these respects, the proposal accords with NPF4 Policy 13 and LDP2 Policy 60B. Drainage and Flooding There are no drainage or flooding concerns associated with the proposal. Other Material Considerations Planning Guidance 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 Guidance was formally adopted by the Council on 1 November 2023 following consultation during Summer 2023. 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 would have on the availability of housing for local people, affordable housing in particular, and the potential for adverse impacts on residential amenity where an increased proportion of the housing stock becomes short-term lets. Six considerations have been outlined within the Guidance to assist in the application of the policy framework set out in NPF4. The considerations include location, larger residential properties, refurbishment of long-term empty properties, local amenity and character, business diversification, and the relationship between loss of residential accommodation and local economic benefits. The location consideration contains reference to three area types: city and town centres; mixed use areas within settlements; and predominantly residential areas. The adopted Guidance 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. In this instance, the application site is within a predominantly residential area, and local amenity and character of that area should be considered, in addition to the loss of residential accommodation and local economic benefits which may accrue from the proposal. As set out elsewhere in this report, the proposal would not be compatible with the character of this predominantly residential area, and would have a detrimental impact on residential amenity. The loss of residential accommodation is considered to be detrimental to housing availability in an area subject to housing pressure, and the limited economic benefits associated with the proposal would not outweigh this loss. As such, the proposal fails to accord with the policy intent of the adopted Planning Guidance, with particular emphasis on residential amenity, local character and housing availability. This aligns with the officer assessment of the proposal against adopted Development Plan policies.
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8 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 limited to guest expenditure in the local economy. 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. Conditions and Reasons 1 The proposed retrospective change of use is contrary to Policy 30(e): Tourism of National Planning Framework 4 (2023) as the proposal would 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 14(c): 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 neighbouring residents and the short-term let use would not be compatible with the amenity and character of the surrounding predominantly residential area.
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9 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 03
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