(b) Planning Decision Notice, Report of Handling and Reference Documents (Pages 417-438)
Perth and Kinross Council · 12 February 2024
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4(vi)(b) LRB-2023-55 LRB-2023-55 23/01028/FLL – Change of use of flat to short-term let, unit 5B South Inch Court, Perth, PH2 8BG PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS
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1 REPORT OF HANDLING DELEGATED REPORT Ref No 23/01028/FLL Ward No P12- Perth City Centre Due Determination Date 6th October 2023 Draft Report Date 29th September 2023 Report Issued by Date PROPOSAL: Change of use of flat to short-term let unit LOCATION: 5B South Inch Court Perth PH2 8BG 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 short term let has been operating since July 2021. The 2 bedroom flat is located on the ground floor of a 4-storey block forming part of a residential development of 3 blocks of flats formed in a u-shape around a central area of parking and landscaping. The application site is in the middle block and access is via a communal entrance and stairwell. The application site has 1 dedicated parking space. The site is on the south side of South Inch Terrace and overlooks the South Inch. The flatted development is accessed from the public road through a private entrance. SITE HISTORY 97/00608/FUL Erection of 56 flats and associated car parking on 2 September 1997 Application Approved 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).
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2 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 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 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.
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3 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 and a short-term let informative is recommended. Communities Housing Strategy - No issue arising with the postcode district level of saturation of potential short-term lets. 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. The postcode district level of saturation of potential short-term lets for PH2 is 1.1% and 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.
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4 REPRESENTATIONS 6 representations were received including 5 objections. The following valid planning matters were raised: Adverse effect on the safety, security and amenity of residents due to different people coming and going; leaving secure entry door open; excessive buzzing of communal entrance buzzer. Smoking in doorway. Smell of smoke entering private flats. Poor management - 6 people staying in a flat that sleeps 4 people. Rubbish left in parking area. Noise from main door being open and shut at all hours. No objection to long term let but object to short-term let use. Changes the character of the flats and residents’ security and enjoyment of their properties. Sets an unwelcome precedent. The flat is the only short term let in a development of 56 flats. Many residents have lived there since it was built in 2000 and many are elderly. The proposal lessens the feeling of community and safety and has the potential to bring noise at unsocial hours. If granted permission, it would set a precedent for more short term lets thus exacerbating the adverse effects. No guarantee that the property could be managed in a manner as to not interfere with lives of residents. In use as short term let for workmen which resulted in noise nuisance and commercial vehicles being parked in the visitors parking area. Contrary to NPF4 Policy 30. Another matter raised in the public comments which is not a material consideration and is not relevant to planning is the negative effect the short term let use may have on the selling of private residential flats in the development. 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 Not Required 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
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5 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 ground floor flat in Perth 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. 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 using the communal entrance of the building and courtyard parking is having a detrimental effect on existing residents and an associated adverse impact on the safety and perceived safety of those residents, as evidenced in the matters raised in the representations. 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 current residential development. In respect of criterion (ii) of NPF4 Policy 30(e), no supporting information has been submitted with the application. The proposal has resulted in the loss of a 2-bedroom flat to short term let accommodation in an urban location. The contribution to the local economy from one property in use as a short term let would be limited. The Housing Strategy Team indicate that there would be no detriment to local residential housing availability in this area should the application be permitted. The proposal would result in a balanced outcome rather that a demonstrable local economic benefit outweighing the loss of residential accommodation. As such, the proposal would not satisfy clause ii) of part e) of Policy 30 in NPF4. The proposal does not satisfy NPF4 Policy 30.
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6 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 in the middle block of 3 blocks of flats forming a courtyard development of 56 flats. The u-shape 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. As noted previously in the report, there have been objections to this planning application due to the property operating as short term let accommodation since July 2021 with the adverse effects on residents’ safety, security and amenity highlighted. No supporting information has been submitted by the applicant on the management and control of bookings of the property. However, 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. 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 and there are no restrictions on using other spaces in the car park, thereby reducing availably for permanent residents, and adversely impacting their amenity. This issue has been highlighted in the letters of objection. The use of the property as a short-term let is incompatible with the character of the residential flatted development at South Inch Court. 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. 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. 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
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7 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 draft planning guidance states 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'. It states that '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.' The property does not benefit from its own front door and as such would be contrary to this guidance. However, as this guidance has not been formally adopted, only very limited regard can be given to it. 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 the provision of tourist accommodation. However, the local economic impact of one flat is likely to be minimal as highlighted in the report. 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.
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8 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. Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02
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