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Item 4(iv) LRB-2022-09

Perth and Kinross Council · 6 June 2022
Back to Local Review Body — 6 June 2022 and its agenda

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4(iv)
LRB-2022-09   
LRB-2022-09
21/02110/FLL – Alterations and extension to
dwellinghouse, Brambles, Clunie Street, Abernethy 
INDEX 
(a) Papers submitted by the Applicant (Pages 235-254) 
(b) Decision Notice (Pages 257-258) 
Report of Handling (Pages 259-265) 
Reference Documents (Pages 267-269) 
(c) Representations (Pages 271-274) 
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4(iv)(a)
LRB-2022-09   
LRB-2022-09
21/02110/FLL – Alterations and extension to
dwellinghouse, Brambles, Clunie Street, Abernethy 
PAPERS SUBMITTED
BY THE
APPLICANT 
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4(iv)(b)
LRB-2022-09   
LRB-2022-09
21/02110/FLL – Alterations and extension to
dwellinghouse, Brambles, Clunie Street, Abernethy 
PLANNING DECISION NOTICE 
REPORT OF HANDLING 
REFERENCE DOCUMENTS   
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REPORT OF HANDLING  
DELEGATED REPORT  
Ref No 21/02110/FLL
Ward No P9- Almond And Earn
Due Determination Date 23rd January 2022 
Draft Report Date 10th February 2022
Report Issued by GMP Date 10th February 2022  
PROPOSAL:  Alterations and extension to dwellinghouse    
LOCATION:  Brambles Clunie Street Abernethy Perth PH2 9JT  
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. 
SITE VISIT: 
In line with established practices, the need to visit the application site has been
carefully considered by the case officer.  The application site and its context have
been viewed by a variety of remote and electronic means, such as aerial imagery
and Streetview, in addition to photographs submitted by interested parties. 
This information has meant that, in this case, it is possible and appropriate to
determine this application without a physical visit as it provides an acceptable basis
on which to consider the potential impacts of this proposed development.  
SITE PHOTOGRAPHS 
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BACKGROUND AND DESCRIPTION OF PROPOSAL  
The application site relates to a detached dwellinghouse situated in a cul-de-sac
location in Clunie Street, Abernethy. The property is south facing and has one level
of accommodation. The property is bound to the front and side by a dense hedge.
Other boundary treatments are in the form of walling, fencing and hedging/planting to
the side and rear.  
Full planning consent is sought to increase the ridge height of the property to allow
for accommodation within the roofspace. Two flat roof dormers are proposed to help
facilitate this to provide additional head height on the north west (rear) elevation.  
SITE HISTORY  
97/00191/FUL Erection of house and garage on 9 May 1997 Application Withdrawn  
99/01658/FUL Erection of a house at 21 December 1999 Application Approved  
21/01728/FLL Alteration and extension to dwellinghouse 21 December 2021 
PRE-APPLICATION CONSULTATION  
Pre application Reference: N/A  
NATIONAL POLICY AND GUIDANCE  
The Scottish Government expresses its planning policies through The National
Planning Framework, the Scottish Planning Policy (SPP), Planning Advice Notes
(PAN), Creating Places, Designing Streets, National Roads Development Guide and
a series of Circulars.    
DEVELOPMENT PLAN  
The Development Plan for the area comprises the TAYplan Strategic Development
Plan 2016-2036 and the Perth and Kinross Local Development Plan 2 (2019).  
TAYplan Strategic Development Plan 2016 – 2036 - Approved October 2017  
Whilst there are no specific policies or strategies directly relevant to this proposal the
overall vision of the TAYplan should be noted.  The vision states “By 2036 the
TAYplan area will be sustainable, more attractive, competitive and vibrant without
creating an unacceptable burden on our planet. The quality of life will make it a place
of first choice where more people choose to live, work, study and visit, and where
businesses choose to invest and create jobs.” 
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.  
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The principal policies are:  
Policy 1A: Placemaking    
Policy 1B: Placemaking    
Policy 17: Residential Areas    
OTHER POLICIES  
Perth & Kinross Council’s Placemaking Guide (Householders Technical Guidance)
2020  
CONSULTATION  RESPONSES  
External 
Scottish Water – no objections. 
Internal 
Structures And Flooding – no response within statutory timescale, however, small
householder developments are generally outwith the scope of Scottish Planning
Policy. Furthermore, the proposal will not increase the footprint of the dwellinghouse. 
REPRESENTATIONS 
None at time of report.  
ADDITIONAL STATEMENTS 
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment 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 for the
area comprises the approved TAYplan and the adopted LDP2.  
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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 
Alterations and extensions to existing domestic dwellings are generally considered to
be acceptable in principle. Nevertheless, detailed consideration must be given to the
specific details of the proposed development within the context of the application
site, and whether it would have an adverse impact on residential and visual amenity. 
The proposal is not considered to comply with the policies as noted above for the
reasons stated elsewhere within the report. 
Design, Layout and Visual Amenity 
The proposal is to increase the ridge by approximately 1100mm to allow for
accommodation within the roofspace. Two bedrooms, a lounge, shower room,
storage and an upper hall is proposed within the roofspace. Two flat roof dormer
windows are proposed on the rear elevation to allow for additional head height over
the new stair and within a lounge and bedroom. The dormer serving the lounge
would have a Juliette balcony. Two double rooflights are proposed on the principal
elevation. 
In terms of finishing materials the dormers would be finished in a grey single ply roof
membrane and the walls silver grey composite cladding. 
A new porch is also proposed over the entrance on the principal elevation. This
would be of pitched roof form, projecting approximately 1656mm to a width of
2950mm. The porch walls will be finished in a buff facing stone base course to match
existing with a silver grey composite cladding and the roof will be finished in dark
brown concrete tiles to match existing. 
In terms of design the principal of raising the ridge and providing accommodation
within the roofspace does not raise concerns, however, the proposed dormers raise
concern due to their location close to the wallhead which due to their scale,
increases their mass. 
Perth & Kinross Council’s Placemaking Guide (Householders Technical Guidance)
2020 emphasises an appropriate dormer extension should as a minimum: 
• Be set below the ridgeline if the roof.
• Be set back from the wall-head.
• Be generally pitched roof form.
• Be physically contained within the roof pitch.
• Relate to windows and doors in the lower storey in terms of character,
proportion and alignment.
• Have the front face predominantly glazed.
• Not extend more than half the entire length of the roof plane.  
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Whilst the proposed dormers would be set down from the ridge, combined they
would exceed more than half of the rear roof plane. Their scale in addition to their
location within such close proximity to the wallhead would result in an incongruous
addition. 
Additionally, due to the angle of the property on the plot, the proposed Juliette
balcony proposed within the lounge dormer sits within close proximity to the shared
boundary and as such has the potential to overlook neighbouring private amenity
space. 
The above points were raised with the Agent with a view to flipping the first floor
layout so that the lounge would be located at the east end of the property and as
such any overlooking would be over the application site garden ground and not the
neighbouring property. It was advised that by setting the dormers back from the
wallhead by approximately 300mm it would allow them to sit more comfortably within
the roofspace and reduce their mass and these combined revisions would allow
support of the application. 
Unfortunately, the outcome was that the Applicant wished for the layout to remain as
is and the application be determined on the basis of the submitted drawings. As such
the application cannot be supported in its current form.  
Residential Amenity  
As noted above, the location of the Juliette balcony has the potential to overlook the
neighbouring property to the west. Windows should be located at a minimum
distance of 9m to a shared boundary to avoid the potential for overlooking. Moreso at
first floor level where mitigation measures are not or cannot be put in place. The
property does not sit straight on the plot and due to its angle faces towards the
residential property to the west. The Juliette balcony has the potential to overlook the
rear private amenity space of that neighbouring property from an elevated position
and within close proximity (approximately 4m) to the detriment of their residential
amenity.  
A potential solution here would be to flip the first floor layout so that the Juliette
balcony would be located at the east side of the property and as such look over the
application site garden ground. The Applicant’s desire, however, is for the first floor
layout to remain as is so that the bedroom accommodation can be located above the
ground floor bedrooms and therefore located at the same side of the dwelling. 
In conclusion, the proposal cannot be supported in its current form as it will result in
the loss of privacy to an adjacent residential property to the detriment of the
neighbouring property's residential amenity, contrary to Policy 17 of the Perth and
Kinross Local Development Plan 2 (2019), which seeks to ensure the residential
amenity of existing areas is not adversely affected by new proposals.  
Landscape  
The domestic scale and nature of the proposal does not raise any landscape impact
issues.
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Roads and Access 
There are no road or access concerns associated with this proposed development. 
Drainage and Flooding 
There are no drainage and flooding implications associated with this proposed
development. 
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 and limited to the
construction phase of the development. 
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 adopted
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 adopted Development Plan. 
Accordingly the proposal is refused on the grounds identified below. 
Conditions and Reasons 
1. The proposed box dormer extensions represent an incongruous and
unsympathetic addition which will adversely affect the visual character of the host
building, and the surrounding area. Approval would therefore be contrary to Perth
& Kinross Placemaking Guide 2020 and Policies 1A and 1B (c) of the Perth and
Kinross Local Development Plan 2 (2019) which seek to ensure that development
contributes positively to the character and amenity of the place by complementing
its surroundings in terms of design, appearance, scale and massing.  
2. As the proposal will result in the loss of privacy to an adjacent residential property
to the detriment of the neighbouring property's residential amenity, the proposal is
contrary to Policy 17 of the Perth and Kinross Local Development Plan 2 (2019),
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which seeks to ensure the residential amenity of existing areas is not adversely
affected by new proposals. 
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 
N/A 
Procedural Notes 
Not Applicable. 
PLANS AND DOCUMENTS RELATING TO THIS DECISION 
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03
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4(iv)(c)
LRB-2022-09   
LRB-2022-09
21/02110/FLL – Alterations and extension to
dwellinghouse, Brambles, Clunie Street, Abernethy 
REPRESENTATIONS 
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