Item 4(iv) LRB-2022-09
Perth and Kinross Council · 6 June 2022
Back to Local Review Body — 6 June 2022 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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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) 233
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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 235
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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 255
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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 259
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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. 260
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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. 261
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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. 262
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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. 263
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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), 264
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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 01 02 03 265
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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 271
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