Item 4(i) LRB-2022-11
Perth and Kinross Council · 11 July 2022
Back to Local Review Body — 11 July 2022 and its agenda
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4(i) LRB-2022-11 LRB-2022-11 21/01973/FLL - Erection of a dwellinghouse land 50 metres south west of Leighland Stables, Mawcarse Crossroads, Mawcarse INDEX (a) Papers submitted by the Applicant (Pages 9-32) (b) Decision Notice (Pages 35-36) Report of Handling (Pages 37-45) Reference Documents (Pages 29-32) (c) Representations (Pages 47-68) 7
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4(i)(a) LRB-2022-11 LRB-2022-11 21/01973/FLL - Erection of a dwellinghouse land 50 metres south west of Leighland Stables, Mawcarse Crossroads, Mawcarse PAPERS SUBMITTED BY THE APPLICANT 9
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4(i)(b) LRB-2022-11 LRB-2022-11 21/01973/FLL - Erection of a dwellinghouse land 50 metres south west of Leighland Stables, Mawcarse Crossroads, Mawcarse PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS (included in applicant’s submission, pages 29-32) 33
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REPORT OF HANDLING DELEGATED REPORT Ref No 21/01973/FLL Ward No P8- Kinross-shire Due Determination Date 31st December 2021 Draft Report Date 7th January 2022 Report Issued by JW Date 7 Jan 2022 PROPOSAL: Erection of a dwellinghouse LOCATION: Land 50 Metres South West Of Laighland Stables Mawcarse Crossroads Mawcarse 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 37
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BACKGROUND AND DESCRIPTION OF PROPOSAL Full planning permission is sought for the erection of a dwellinghouse at Laighland Stables, Mawcarse Crossroads. The application site is currently occupied by a gypsy traveller caravan which as granted planning permission in 2014 (14/00055/FLL). A total of two caravan were approved by the 2014 permission. The application site is located on the south side of the A91, approximately 2 km to the north east of Milnathort. The application site is situated in a rural location with open land to the south, west and east boundaries and the public road directly to the north. A gas pipeline runs through part of application site in a north to south direction. An application to extend the gypsy traveller site to the south was refused in 2020 (20/00114/FLL) due to the sites location within the consultation zone of a pipeline and concerns expressed by the Health and Safety Executive regarding the proximity to the high pressure gas pipeline. The proposal seeks to replace the existing caravan with a permanent dwellinghouse. The dwelling is proposed to be 1.5 stories in height with the upper level accommodation served by dormer windows. The finishing materials include concrete tiles on the roof, smooth white render and a stone base course on the walls. The house is proposed to accommodate a dining/kitchen, utility room, two bedrooms and integral double garage at ground floor level and a lounge and two bedrooms at first floor level. The house is proposed to be located close to the south west boundary of the site. The application site is bound partly by conifer planting. Access is proposed to be taken from the existing access onto the A91. SITE HISTORY 14/00055/FLL Formation of permanent gypsy/traveller site and associated works (part retrospective) on 6 January 2015 Application Refused 38
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21/01375/FLL Erection of a dwellinghouse 19 October 2021 – Application Returned PRE-APPLICATION CONSULTATION Pre application Reference: None 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. The principal policies are: Policy 1A: Placemaking Policy 1B: Placemaking Policy 6: Settlement Boundaries Policy 19: Housing in the Countryside Policy 21A: Gypsy/Traveller Sites: Existing Sites Policy 46A: Loch Leven Catchment Area Policy 46B: Loch Leven Catchment Area Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage 39
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Policy 53E: Water Environment and Drainage: Water Supply Policy 54: Health and Safety Consultation Zones Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals OTHER POLICIES Housing in the Countryside Supplementary Guidance 2020 Developer Contribution and Affordable Housing Supplementary Guidance 2020 CONSULTATION RESPONSES INTERNAL Environmental Health (Private Water) – no objection Transport Planning – no objection Development Contributions Officer – contribution required Environmental Health (Contaminated Land) – no objection EXTERNAL National Grid Plant Protection Team – no objection HSE – does not advice against permission REPRESENTATIONS None received ADDITIONAL STATEMENTS Screening Opinion EIA Not Required Environmental Impact Assessment (EIA): Environmental Report Not Required 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 40
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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. 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. Principle The Perth and Kinross Local Development Plan 2019 (LDP2) through Policy 6 - Settlement Boundaries specifies that development will not be permitted, except within the defined settlement boundaries which are defined by a settlement boundary in the Plan. However, through Policy 19 - Housing in the Countryside, it is acknowledged that opportunities do exist for housing in rural areas to support the viability of communities, meet development needs in appropriate locations while safeguarding the character of the countryside as well as ensuring that a high standard of siting and design is achieved. Thus, the development of single houses or groups of houses which fall within the six identified categories will be supported. The Council will support proposals for the erection, or creation through conversion, of single houses and groups of houses in the countryside which fall into at least one of the following categories as outlined within the Supplementary Guidance (SG) o Building Groups o Infill site o New houses in the open countryside on defined categories of sites as set out in section 3 of the Supplementary Guidance o Renovation or replacement of houses o Conversion or replacement of redundant non-domestic buildings o Development on rural brownfield land The only categories which may be applicable to this development are category 1 Building Groups and Category 4 Renovation or Replacement of Houses. None of the remaining criterion are considered to be relevant to this proposal. In terms of category 4 relating to the replacement of houses; whilst the proposal involves the removal and replacement of a gypsy traveller caravan, the replacement of these units with a dwellinghouse is not catered for in the SG. The caravan was not approved as a dwellinghouse under the House in Countryside Policy in 2014 but rather it was approved solely as a gypsy traveller caravan under the gypsy traveller policy of the Local Development Plan in 2014. Whilst the caravan is a residence it is a temporary, moveable structure and is therefore not considered to meet the definition of a dwellinghouse for the purposes of the Housing in the Countryside Guide. Therefore category 4 of the SG is not applicable in this instance. 41
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In terms of category 1, building groups, an existing building group is defined as 3 or more buildings of a size at least equivalent to a traditional cottage, where they are for residential and/or business/agricultural nature. The supplementary guidance, "The Housing in the Countryside Guide" which was adopted by the Council in 2020 assists in the assessment of the Policy 19. This highlights that: Permission may be granted, subject to the criteria above, for houses which extend the group into a readily definable adjacent site. This will be formed by existing topography, roads or well-established existing landscape features such as a watercourse or mature tree belt which will provide a suitable setting. The SG also makes it clear what can be defined as a building group and states that a "building group is defined as 3 or more existing buildings of a size at least equivalent to a traditional cottage and which, when viewed within their landscape setting, appear as a group. The majority of the buildings in the group should either be residential or be suitable for conversion to residential under Category 5 of this guidance. Premises which are smaller than a traditional cottage, such as domestic garages and outbuildings, will not count towards the requirement for at least 3 buildings." The SG also requires new housing to respect the character, scale and form of the existing group and that development should be integrated into the existing layout and building pattern. In this instance the site is occupied by a caravan. To the south of the site, outwith the red line boundary, is what appears to be a storage building and further caravans and other small storage buildings which do not have scope to be converted into housing. The site cannot be defined as a building group as outlined within the SG. Therefore the proposal also fails to meet the criteria outlined within the building groups category of the SG. The proposal is therefore contrary to Policy 19 of the Perth and Kinross Council Local Development Plan 2 (2019) and the associated Housing in the Countryside Supplementary Guidance 2020. Design and Layout The Housing in the Countryside Guide 2020 includes detailed siting criteria which require to be considered in any proposal and these criteria are echoed by the requirements of Policy 1A and B of the LDP2 which relate placemaking. Overall, the policies require new development to reflect its surroundings in terms of scale, landscape character and design. The is proposed dwelling is to have a relatively suburban appearance and is of no significant architectural quality. There are similar designed dwellinghouses located to the south west of the site at Mawcarse Crossroads and as such the general design, scale and form of the dwelling ties in with the established character of the area. The finishing materials include concrete tiles and smooth render, both of which are prevalent in the area and whilst not of particularly high quality are considered to be acceptable. Furthermore, the site is currently occupied by a gypsy traveller caravan and the proposed dwelling, whilst larger than the caravan is not considered to be of any significant visual impact in comparison to the caravan. The layout of the site will remain similar to the existing site layout, using the same access and is therefore considered to be acceptable. 42
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The proposal in terms of design and layout is therefore considered to comply with the LDP2. Residential Amenity The position, scale and orientation of the house is considered to be acceptable. The windows are orientated and positioned to ensure there is no overlooking to neighbouring properties. There is also sufficient garden ground to serve the proposed dwelling. Traffic and Transport Policy 60B of the LDP2 seeks to ensure that development sites are readily accessible by all modes of transport in particular walking, cycling and public transport. The site is proposed to be served by the existing access which serves the caravan. On that basis the proposal is considered to comply with policy 60B of the LDP2. Drainage Whilst the existing permission on this site included conditions relating to phosphorus mitigation it has now been concluded, after extensive discussions with SEPA, that the application site is located outwith the Loch Leven Catchment Area. This matter was queried with SEPA on two separate occasions and they have now stated, categorically, that whilst the site is located close to the boundary of the catchment area, it is located outwith the catchment area. SEPA state "Our review of the hydrometric area indicates the site is not in the Loch Leven catchment". As such there is no requirement to meet the criteria outlined in policies 46A and B of the LDP2. The proposed house is to connect into the existing drainage network on the site which is considered to be acceptable and in accordance with policy 53B and the drainage criteria outlined in policy 21B of the LDP2. Ecology and Trees There are no trees on the site and the site is currently all hardstanding. As such there is not considered to be any impact on ecology. Pipeline The site is located within the consultation zone of a high pressure pipeline. The Health and Safety Executive have been consulted on the proposal and do not advise against the granting of planning permission. Developer Contributions The Council Developer Contributions Supplementary Guidance requires a financial contribution towards increased primary school capacity in areas where a primary school capacity constraint has been identified. A capacity constraint is defined as where a primary school is operating at over 80% and is likely to be operating following completion of the proposed development, extant planning permissions and Local Development Plan allocations, at or above 100% of total capacity. 43
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This proposal is within the catchment of Milnathort Primary School where a capacity constraint has been identified. A contribution of £5164 is therefore required. Economic Impact The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. VARIATION OF APPLICATION UNDER SECTION 32A There have been no variations to the application. 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. Reason for Refusal The proposal is contrary to Policy 19 Housing in the Countryside of the Perth and Kinross Council Local Development Plan 2 (2019) and the associated Housing in the Countryside Supplementary Guidance 2020 (SG) as the site is not part of an existing building group as defined by the SG and does not involve the replacement of a dwellinghouse as defined within the SG. The proposal also fails to meet any of the other categories of development outlined in the SG. 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. 44
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PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 45
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4(i)(c) LRB-2022-11 LRB-2022-11 21/01973/FLL - Erection of a dwellinghouse land 50 metres south west of Leighland Stables, Mawcarse Crossroads, Mawcarse REPRESENTATIONS 47
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