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(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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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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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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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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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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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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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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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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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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