Item 4(i) LRB-2022-16
Perth and Kinross Council · 16 August 2022
Back to Local Review Body — 16 August 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(i) LRB-2022-16 LRB-2022-16 21/02209/FLL – Installation of replacement windows, Hill House, Upper Allan Street, Blairgowrie INDEX (a) Papers submitted by the Applicant (Pages 15-60) (b) Decision Notice (Pages 25-26) Report of Handling (Pages 27-34) Reference Documents (Pages 41-53) (c) Representations (Pages 63-64) 13
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4(i)(a) LRB-2022-16 LRB-2022-16 21/02209/FLL – Installation of replacement windows, Hill House, Upper Allan Street, Blairgowrie PAPERS SUBMITTED BY THE APPLICANT 15
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Notice of Review Page 1 of 6 NOTICE OF REVIEW UNDER SECTION 43A(8) OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED)IN RESPECT OF DECISIONS ON LOCAL DEVELOPMENTS THE TOWN AND COUNTRY PLANNING (SCHEMES OF DELEGATION AND LOCAL REVIEW PROCEDURE) (SCOTLAND) REGULATIONS 2013 THE TOWN AND COUNTRY PLANNING (APPEALS) (SCOTLAND) REGULATIONS 2008 IMPORTANT: Please read and follow the guidance notes provided when completing this form. Failure to supply all the relevant information could invalidate your notice of review. Use BLOCK CAPITALS if completing in manuscript Applicant(s) Agent (if any) Name Address Postcode Contact Telephone 1 Contact Telephone 2 Fax No E-mail* Mark this box to confirm all contact should be through this representative: Yes No * Do you agree to correspondence regarding your review being sent by e-mail? x Planning authority Planning authority’s application reference number Site address Description of proposed development Date of application Dr A D and Dr J M A Shaw Name Ross Allan Hill House Upper Allan Street Blairgowrie PH10 6HL Address Postcode Sidey Solutions Ltd 53 Feus Road Perth PH1 2AX Contact Telephone 1 Contact Telephone 2 Fax No 01738 634803 E-mail* ra@sidey.co.uk Perth & Kinross Council 21/02209/FLL Hill House, Upper Allan St, Blairgowrie PH10 6HL Installation of replacement windows 10/12/2021 Date of decision (if any) 14/4/2022 17
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Notice of Review Page 2 of 6 Note. This notice must be served on the planning authority within three months of the date of the decision notice or from the date of expiry of the period allowed for determining the application. Nature of application 1. Application for planning permission (including householder application) 2. Application for planning permission in principle 3. Further application (including development that has not yet commenced and where a time limit has been imposed; renewal of planning permission; and/or modification, variation or removal of a planning condition) 4. Application for approval of matters specified in conditions Reasons for seeking review 1. Refusal of application by appointed officer 2. Failure by appointed officer to determine the application within the period allowed for determination of the application 3. Conditions imposed on consent by appointed officer Review procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may tick more than one box if you wish the review to be conducted by a combination of procedures. 1. Further written submissions 2. One or more hearing sessions 3. Site inspection 4 Assessment of review documents only, with no further procedure If you have marked box 1 or 2, please explain here which of the matters (as set out in your statement below) you believe ought to be subject of that procedure, and why you consider further submissions or a hearing are necessary: The report contains an inaccuracy with regard to Hill House being in a prominent site. Whilst it is on a corner of a narrow lane and main street, it is NOT easily viewed from the road The photographs in the report, apart from one, were taken inside the garden. The garden is surrounded by a high wall. The conservation of energy was not submitted with the original application – we would have thought that was self-evident. However as will be stated in our submission, energy savings are a priority at local, national and international levels. The rising costs of fuel make this even more important. 18
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Notice of Review Page 3 of 6 Site inspection In the event that the Local Review Body decides to inspect the review site, in your opinion: Yes No 1. Can the site be viewed entirely from public land? 2 Is it possible for the site to be accessed safely, and without barriers to entry? If there are reasons why you think the Local Review Body would be unable to undertake an unaccompanied site inspection, please explain here: We would prefer to be present if a site visit is arranged. This would facilitate access. You cannot see the site without entry into the garden. Statement You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. Note: you may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. If the Local Review Body issues a notice requesting further information from any other person or body, you will have a period of 14 days in which to comment on any additional matter which has been raised by that person or body. State here the reasons for your notice of review and all matters you wish to raise. If necessary, this can be continued or provided in full in a separate document. You may also submit additional documentation with this form. 1. We believe the report about the house being in a prominent visual site is incorrect. The house is hidden behind a high wall and only the east facing windows can be seen from the gate. The photographs used in the report, apart from one, are all taken from within the garden. Therefore the objection raised that the windows would be “incongruous with the streetscape” is not supported by the evidence. 2. We have evidence that many of our neighbours within the conservation area have double glazing, many of which have uPVC windows and the following have received planning permission from PKC, Namely – 21/02165 Overdale, Kirk Wynd 19/01352 Dunaird, Kirk Wynd 11/00500 5 Kirk Wynd 3. A more prominent building easily seen from the road since the wall was reduced in height, we believe by Perth and Kinross Council, in the recent past. The Stormont Lodge Care Home (Planning number 08/02120) has prominent south facing uPVC windows and doors. 4. Conservation of Energy. This Victorian house has as much loft insulation as is possible. We cannot have cavity wall insulation. In order to reduce heat loss, the only option left to us is to double glaze the windows. We are repeatedly reminded of a need to reduce heat loss and thus reduce energy bills. We would hope PKC has similar priorities to do all the Council can to reduce energy consumption and 19
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Notice of Review Page 4 of 6 support citizens who wish to do likewise. Timber framed double glazing is extremely expensive and the wood of the required quality is scarce. Our sunlounge has wooden double glazing and has had to have repeated repairs to the frames. Have you raised any matters which were not before the appointed officer at the time the Yes No determination on your application was made? If yes, you should explain in the box below, why you are raising new material, why it was not raised with the appointed officer before your application was determined and why you consider it should now be considered in your review. Yes – we are raising the vital and increasingly urgent matter of energy conservation and also providing evidence of surrounding neighbours with uPVC windows. The matter of conserving heat loss should have been obvious in our intention to go to the expense of installing double glazing. We have owned Hill House for 42 years. We are proud of our house and therefore have no desire to make alterations that would detract from its appearance or that of the immediate area. List of documents and evidence Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. 20
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Notice of Review Page 5 of 6 1. Our statement 2. Planning Application 3. Drawings and plans of existing windows – six attachments 4. Drawings and plans of proposed windows -six attachments 5. The Report about the submission and reasons for refusal 6. The Conservation Officer’s report 7. The list of neighbours consulted – none of whom raised any objection. Maps and Lists Note. The planning authority will make a copy of the notice of review, the review documents and any notice of the procedure of the review available for inspection at an office of the planning authority until such time as the review is determined. It may also be available on the planning authority website. Checklist Please mark the appropriate boxes to confirm you have provided all supporting documents and evidence relevant to your review: Full completion of all parts of this form Statement of your reasons for requiring a review All documents, materials and evidence which you intend to rely on (e.g. plans and drawings or other documents) which are now the subject of this review. Note. Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice from that earlier consent. Declaration I the applicant/agent [delete as appropriate] hereby serve notice on the planning authority to review the application as set out on this form and in the supporting documents. 21
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Notice of Review Page 6 of 6 Signed Date 20th April 2022 22
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Hill House Upper Allan Street Blairgowrie PH10 6HL 20th April 2022 The Secretary Local Review Body Perth and Kinross Council Committee Services Council Building 2 High Street Perth PH1 5 PH Dear Sir/Madam Ref: 21/02209/FLL. An Appeal against the decision to refuse planning permission We note with disappointment that our application to replace our single glazed windows with uPVC double glazed units has been refused. Our agent SIDEY’s of Perth have been acting on our behalf and have sent you all details and specifications. This appeal comes directly from us and correspondence should be sent directly to us. We note that none of our neighbours submitted any objections to our plans. We have had extensive discussion with our neighbours. They have confirmed that they do not object to what we desire. Indeed, our closest neighbour has wished us success with this appeal. The main objection comes from the Conservation Officer, Diane Barbarry, and the reason given is that because uPVC window frames are wider than the old wooden ones, they would “appear incongruous and detract from the historic character of the villa and its setting.” We have undertaken extensive investigations. We find there are many houses in the close neighbourhood with double glazed windows. All these houses are within the conservation area and many of those are in the Kirk Wynd – the oldest part of Blairgowrie. Indeed, as we have looked round these houses it has been very difficult to tell, just by looking, which are wooden and which are uPVC, so we have had to ask the owners. We ascertained that there are many dwellings in Kirk Wynd with uPVC double glazing. We would ask you to view the homes on the left of Kirk Wynd going towards the town centre. Many are sited immediately adjacent to the pavement and thus clearly visible to any passer-by. On the right following the same route is a relatively new bungalow that has full uPVC glazing. Then there is a home that has been extended with again uPVC double glazing and at the junction of the lower part of Kirk Wynd where it meets Upper Allan Street, a prominent bungalow with uPVC fittings. 23
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Turning right and travelling up Upper Allan Street there is a home with uPVC. Just two houses below us in Upper Allan Street is a traditional house that has had prominent uPVC fittings. Almost opposite that house is a home with a uPVC window facing the main street and virtually on the street. Still further up Upper Allan Street is the Balhousie Stormont Lodge care home (our immediate neighbour). It has extensive uPVC fittings around the entrance, but the newer extension has timber framed double glazed units. The Balhousie Stormont Lodge has a wide entrance, so the uPVC elements are easily seen. Perth and Kinross Council’s work on the road wall up against the site of the Home the reduced of height of that wall. Thus, the entrance area is readily seen from that vantage point also. Whilst our house is at the corner of Kirk Wynd and Upper Allan Street and appears on a map to be in a prominent position, it is surrounded by an 8 ft high wall so many of the windows cannot be seen from the street level. We do not plan to alter the stained-glass window which faces onto Kirk Wynd. We apologise for the extent of the detail we submit about properties very close to us. However, the presentation and fact of this detail impels us to as, “what is being conserved?”. What views of our immediate locality would be spoiled if we too had uPVC fittings? With the current publicity and policy about energy conservation, our concern is to reduce heat loss and thereby reduce fuel consumption. It seems all authorities, be they local or national, support this objective. Our house is over 100 years old. We have insulated our loft to meet recommendations. We interline our curtains for some saving of heat loss but still the window frames leak and the single glazing offers little protection from the cold. There is also pressure to “get rid of old gas boilers” at some time in the future, the alternative being electric boilers and heat source (ground/air) pumps. This form of energy provision can be only partially effective in a house like this unless there has been a maximum attempt to reduce heat loss, which includes installing double glazing. Timber double glazed units are very expensive – there is a maintenance cost and, we are led to believe, a scarcity of wood of a quality that will withstand the test of time. The windows we propose installing would look the same as many if not most of the windows in the immediate neighbourhood. We invite you to make a site visit to confirm that our proposals are only in keeping with what is already extensively in place. To deny us the ability to conserve energy and improve a home we have occupied since 1980 would seem perverse. We would appreciate a reconsideration of the planning application in our favour. Yours faithfully Dr A D Shaw and Dr J M A Shaw 24
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Page 1 of 3 Dr And Dr Shaw c/o Sidey Solutions Ltd Ross Allan 53 Feus Road Perth PH1 2AX Pullar House 35 Kinnoull Street PERTH PH1 5GD Date of Notice:14th April 2022 TOWN AND COUNTRY PLANNING (SCOTLAND) ACT Application Reference: 21/02209/FLL I am directed by the Planning Authority under the Town and Country Planning (Scotland) Acts currently in force, to refuse your application registered on 12th January 2022 for Planning Permission for Installation of replacement windows Hill House Upper Allan Street Blairgowrie PH10 6HL David Littlejohn Head of Planning and Development Reasons for Refusal 1. The character and appearance of the Conservation Area will not be preserved or enhanced by this proposal due to the inappropriate detailing, form, and non-traditional materials of the proposed windows. Approval would therefore be contrary to Scottish Planning Policy 2014, Section 64(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, Managing Change in the Historic Environment: Windows: 2018 and Policies 1A, 1B, 17 and 28A of the Perth and Kinross Local Development Plan 2 (2019) which all seek to ensure that the development preserves and enhances the character and appearance of the Conservation Area. 2. The proposed development would result in harm to the building as a heritage asset; the resultant harm to the character and appearance of the Conservation Area is not outweighed by the benefits of the development. As a result, the proposed development is contrary to Policy 31 of the Perth and Kinross Local Development Plan 2 (2019) which seeks to protect and preserve significant resources. 25
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2 3. No independent details or supporting statements have been provided to demonstrate that the existing windows are beyond economic repair, or that any attempt has been made to retain and/or refurbish the existing historic windows. The principle of the works as a result, is not justified and cannot be supported. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. The plans and documents relating to this decision are listed below and are MR[YUJ`NM XW BNZ\Q JWM =RWZX[[ 5X]WLRUc[ _NK[R\N J\ www.pkc.gov.uk aAWURWN BUJWWRWP 3YYURLJ\RXW[b YJPN Plan Reference 01 02 03 04 05 06 07 08 10 11 12 13 26
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REPORT OF HANDLING DELEGATED REPORT Ref No 21/02209/FLL Ward No P3- Blairgowrie And Glens Due Determination Date 11th March 2022 Draft Report Date 29th March 2022 Report Issued by ab Date 8/4/22 PROPOSAL: Installation of replacement windows LOCATION: Hill House Upper Allan Street Blairgowrie PH10 6HL 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 27
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BACKGROUND AND DESCRIPTION OF PROPOSAL Planning application relates to a traditional, stone and slate built, period property known as Hill House, which as the names implies, is set in an elevated position at the junctions of Upper Allan Street and Kirk Wynd, in the Blairgowrie Conservation Area. The Category B and C Listed Buildings contained within the neighbouring polices of Tulach and Gorsehill are located to the east and south. Consent is being sought to replace the existing windows. The existing windows are predominantly original and consist in the main of timber framed, sliding sash and case units. Plans indicate that a total of 24 units are to be replaced, which is effectively all, bar the decorative first floor landing window and those contained in the conservatory addition. The new fenestration will consist of uPVC white framed double-glazed sash and tilt units. SITE HISTORY 91/01644/FUL EXTENSION TO PORCH AT 16 October 1991 Permission Not required PRE-APPLICATION CONSULTATION Pre application Reference: NATIONAL POLICY AND GUIDANCE The Scottish Government expresses its planning policies through The National Planning Framework, the Scottish Planning Policy (SPP), Planning Advice Notes 28
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(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 Policy 2: “Shaping Better Quality Places” states that proposals should be; “Place-led to deliver distinctive places by ensuring that the arrangement, layout, design, density and mix of development are shaped through incorporating and enhancing natural and historic assets, natural processes, the multiple roles of infrastructure and networks, and local design context”. Policy 9: “Managing TayPlan’s Assets” states that proposals should; “Safeguard the integrity of natural and historic assets [through] understanding and respecting the regional distinctiveness and scenic value of the TAYplan area through safeguarding the integrity of natural and historic assets; including… townscapes and historic buildings”. 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 28A: Conservation Areas: New Development OTHER POLICIES Historic Environment Policy for Scotland 2019 This policy supersedes the Historic Environment Policy Statement 2016 and provides guidance to planning authorities on decision-making where it will affect the historic environment. Managing Change in the Historic Environment: Windows 2018 This policy provides advice to planning authorities in the determination of applications relating to windows in historic building. Perth and Kinross Council Placemaking Technical Notes: Windows and Doors in Listed Buildings and Conservation Areas. 29
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Blairgowrie Conservation Area Appraisal 2007, states that alterations to unlisted buildings may not be significant individually, but cumulatively they can erode the visual fabric of the townscape. CONSULTATION RESPONSES No external consultations have been issued; internal comment has been received from Conservation officers who are concerned about the negative impact of the works. REPRESENTATIONS None received. ADDITIONAL STATEMENTS Screening Opinion Not Required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment 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. In this instance, section 14(2) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such an application as this to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Section 64(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 is relevant and requires planning authorities to pay special attention to the desirability of preserving or enhancing the character or appearance of the designated conservation area. 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 subjects are located within the settlement boundary of Blairgowrie, where background Placemaking, Conservation and Listed Building policy matters are applicable together with Residential Zoning considerations. The aim of the 30
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development plan policies is essentially to ensure that new work is appropriate to its location and does not result in any negative change or adverse impacts. Policy 1A & 1B Placemaking only support proposals which complement their surroundings in terms of appearance, materials, finishes and colours. While Policy 17 Residential Areas encourages proposals which will improve the character and environment of an area. The Conservation Area policy 28A states that development within a Conservation Area must preserve or enhance its character or appearance. The design, materials, scale and siting of new development should be appropriate to the character of the Conservation Area. Historic Environment Scotland guidance on Managing Change in the Historic Environment: Windows sets out that “where a window is of limited interest or beyond repair, its replacement should be permitted. New double-glazed windows may be acceptable, if they can closely match the original window design, details and materials”. Policy 31 which relates to Other Historic Environment Assets, is also of relevance here which states that non-designated historic assets will be protected and preserved as far as possible, in situ wherever feasible. The proposals are not considered to comply with the above policies. The existing sash and case windows are clearly sound in condition and contribute to the character and interest to the host building and surrounding Conservation Area. Whilst the window pattern of the proposed replacement units is similar to those existing, the thick frames, man-made materials and tilt opening facility are out of keeping and would not preserve or enhance the Conservation Area or prevent harm to the existing building as a heritage asset. Design, Visual Amenity and Conservation Considerations The scale and elevated location of the property at the junctions of 2 public roads, means that “Hill House” can be seen “in the round” from near and far vantage points. As a result, changes to the fenestration will be readily noticeable, resulting in a detrimental impact to the character and appearance of the Conservation Area. The period property has a good deal of charm and architectural quality which makes a positive contribution to its surroundings, including the setting of nearby Listed Buildings. The piecemeal erosion of traditional features and materials within a building of historic interest is to be avoided as outlined in policy 31. In terms of Scottish Planning Policy (SPP) the building should be considered as a heritage asset. Whilst not a formally designated as a Listed Building, it is worthy of inclusion; paragraph 151 states the need to take account of the desirability of protecting and preserving the significance of heritage assets. With regards to the Conservation Area, the site is also considered a designated heritage asset and paragraph 143 states that proposals for development within Conservation Areas should preserve or enhance the character and appearance of the Conservation Area, therefore, great weight should be given to the asset’s conservation. 31
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No supporting information has been submitted to demonstrate that the windows are beyond economic repair, therefore the principle of the work is not justified. There is also the option to fit secondary glazing or undertake bespoke thermal efficiency enhancements if required. If the principle of the work was achieved, then the Planning Authority would be looking for traditional materials to be used on a “like for like” replacement. It is acknowledged that new timber windows can be more expensive to manufacture than uPVC ones, but they have the benefit of a significantly longer lifespan and adding value to the house and wider area in terms of a more sympathetic fit within sensitive locations. Section 64(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 requires the Planning Authority to pay special attention to the desirability of preserving or enhancing the character or appearance of the Conservation Area. As with any property, it falls on the owner of a building to ensure that it is maintained and properly preserved in a sympathetic manner as circumstances dictate. Conservation Areas can be significantly impacted by the incremental loss of traditional features, including the more noticeable fenestration changes. Some regrettable alterations have occurred in terraced units on the edge of the Conservation Area, it is not known however if any planning consent was sought for the replacement windows or if they predate the establishment of the Conservation Area. In terms of this specific site under consideration however, the property stands alone, but is highly visible in the wider streetscape and forms a distinct group of largely intact buildings of merit, including the neighbouring Category B and C Listed Buildings. The introduction of an alien material such as uPVC will by default, result in windows with thicker frames and a flat uniform appearance, that lack the craftmanship, finesse and bespoke charm of historic units. The alterations will appear incongruous and detract from the historic character and appearance of the villa and crucially, its setting. The proposals by default will not preserve or enhance the Conservation Area. In conclusion, for the reasons as set out above, the proposal fails to satisfy Section 64(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and Scottish Planning Policy 2014 in that it would neither preserve nor enhance the character or appearance of the Blairgowrie Conservation Area. Neither do the proposals comply with the relevant policies contained within the Local Development Plan and as such, cannot be supported. 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. 32
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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 character and appearance of the Conservation Area will not be preserved or enhanced by this proposal due to the inappropriate detailing, form, and non- traditional materials of the proposed windows. Approval would therefore be contrary to Scottish Planning Policy 2014, Section 64(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, Managing Change in the Historic Environment: Windows: 2018 and Policies 1A, 1B, 17 and 28A of the Perth and Kinross Local Development Plan 2 (2019) which all seek to ensure that the development preserves and enhances the character and appearance of the Conservation Area. 2 The proposed development would result in harm to the building as a heritage asset; the resultant harm to the character and appearance of the Conservation Area is not outweighed by the benefits of the development. As a result, the proposed development is contrary to Policy 31 of the Perth and Kinross Local Development Plan 2 (2019) which seeks to protect and preserve significant resources. 3 No independent details or supporting statements have been provided to demonstrate that the existing windows are beyond economic repair, or that any attempt has been made to retain and/or refurbish the existing historic windows. The principle of the works as a result, is not justified and cannot be supported. 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 1 There are no relevant Informatives 33
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Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 05 06 07 08 09 10 11 12 34
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Page 1 of 6 Pullar House 35 Kinnoull Street Perth PH1 5GD Tel: 01738 475300 Fax: 01738 475310 Email: onlineapps@pkc.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100508498-001 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Description of Proposal Please describe accurately the work proposed: * (Max 500 characters) Has the work already been started and/ or completed? * X No … Yes - Started … Yes Ò Completed Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) … Applicant X Agent Replacement windows 35
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Page 2 of 6 Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * X Individual … Organisation/Corporate entity Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Sidey Solutions Ltd Other Dr. & Dr. Ross . Allan Shaw Feus Road 53 PH1 2AX Scotland Perth 36
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Page 3 of 6 Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Pre-Application Discussion Have you discussed your proposal with the planning authority? * … Yes X No Trees Are there any trees on or adjacent to the application site? * … Yes X No If yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if any are to be cut back or felled. Access and Parking Are you proposing a new or altered vehicle access to or from a public road? * … Yes X No If yes, please describe and show on your drawings the position of any existing, altered or new access points, highlighting the changes you proposed to make. You should also show existing footpaths and note if there will be any impact on these. Planning Service Employee/Elected Member Interest Is the applicant, or the applicant×s spouse/partner, either a member of staff within the planning service or an … Yes X No elected member of the planning authority? * HILL HOUSE Perth and Kinross Council UPPER ALLAN STREET BLAIRGOWRIE PH10 6HL 745587 317676 37
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Page 4 of 6 Certificates and Notices CERTIFICATE AND NOTICE UNDER REGULATION 15 Ò TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATION 2013 One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1, Certificate B, Certificate C or Certificate E. Are you/the applicant the sole owner of ALL the land? * X Yes … No Is any of the land part of an agricultural holding? * … Yes X No Certificate Required The following Land Ownership Certificate is required to complete this section of the proposal: Certificate A Land Ownership Certificate Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 Certificate A I hereby certify that Ò (1) - No person other than myself/the applicant was an owner (Any person who, in respect of any part of the land, is the owner or is the lessee under a lease thereof of which not less than 7 years remain unexpired.) of any part of the land to which the application relates at the beginning of the period of 21 days ending with the date of the accompanying application. (2) - None of the land to which the application relates constitutes or forms part of an agricultural holding Signed: Ross Allan On behalf of: Dr. & Dr. . Shaw Date: 10/12/2021 X Please tick here to certify this Certificate. * 38
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Page 5 of 6 Checklist Ò Application for Householder Application Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information in support of your application. Failure to submit sufficient information with your application may result in your application being deemed invalid. The planning authority will not start processing your application until it is valid. a) Have you provided a written description of the development to which it relates?. * X Yes … No b) Have you provided the postal address of the land to which the development relates, or if the land in question X Yes … No has no postal address, a description of the location of the land? * c) Have you provided the name and address of the applicant and, where an agent is acting on behalf of the X Yes … No applicant, the name and address of that agent.? * d) Have you provided a location plan sufficient to identify the land to which it relates showing the situation of the X Yes … No land in relation to the locality and in particular in relation to neighbouring land? *. This should have a north point and be drawn to an identified scale. e) Have you provided a certificate of ownership? * X Yes … No f) Have you provided the fee payable under the Fees Regulations? * X Yes … No g) Have you provided any other plans as necessary? * X Yes … No Continued on the next page A copy of the other plans and drawings or information necessary to describe the proposals (two must be selected). * You can attach these electronic documents later in the process. X Existing and Proposed elevations. X Existing and proposed floor plans. X Cross sections. X Site layout plan/Block plans (including access). … Roof plan. … Photographs and/or photomontages. Additional Surveys Ò for example a tree survey or habitat survey may be needed. In some instances you … Yes X No may need to submit a survey about the structural condition of the existing house or outbuilding. A Supporting Statement Ò you may wish to provide additional background information or justification for your … Yes X No Proposal. This can be helpful and you should provide this in a single statement. This can be combined with a Design Statement if required. * You must submit a fee with your application. Your application will not be able to be validated until the appropriate fee has been Received by the planning authority. Declare Ò For Householder Application I, the applicant/agent certify that this is an application for planning permission as described in this form and the accompanying Plans/drawings and additional information. Declaration Name: Mr Matthew Cowan Declaration Date: 10/12/2021 39
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Page 6 of 6 Payment Details Created: 13/12/2021 13:15 40
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NEIGHBOUR NOTIFICATION © Crown copyright [and database rights] 2022 OS 100016971. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Perth & Kinross Council Location Plan showing planning application site This map is for Neighbour Notification ONLY. It must not be reproduced or used for any other purpose. 54
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NEIGHBOUR NOTIFICATION © Crown copyright [and database rights] 2022 OS 100016971. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Perth & Kinross Council Location Plan showing planning application site This map is for Neighbour Notification ONLY. It must not be reproduced or used for any other purpose. 55
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NEIGHBOUR NOTIFICATION © Crown copyright [and database rights] 2022 OS 100016971. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Perth & Kinross Council Location Plan showing planning application site This map is for Neighbour Notification ONLY. It must not be reproduced or used for any other purpose. 56
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Perth and Kinross Council List of Neighbours notified for 21/02209/FLL The Orchard Kirk Wynd Blairgowrie PH10 6HN Hawthorn Cottage Upper Allan Street Blairgowrie PH10 6HL Balhousie Stormont Lodge Care Home Kirk Wynd Blairgowrie PH10 6HJ Maltbarns Kirk Wynd Blairgowrie PH10 6HN Hill Cottage Kirk Wynd Blairgowrie PH10 6HN Hillcrest Kirk Wynd Blairgowrie PH10 6HN Wilmar Kirk Wynd Blairgowrie PH10 6HN Roslyn Cottage Kirk Wynd Blairgowrie PH10 6HN Gorsehill Upper Allan Street Blairgowrie 57
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PH10 6HL Blairhill Upper Allan Street Blairgowrie PH10 6HL 58
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Comments to the Development Quality Manager on a Planning Application Planning Application ref. 21/02209/FLL Comments provided by Diane Barbary Service/Section Conservation Contact Details Description of Proposal Installation of replacement windows Address of site Hill House, Upper Allan Street, Blairgowrie Comments on the proposal Hill House is a traditional unlisted villa in the Blairgowrie Conservation Area. The house has been altered and extended but retains much of its historic character, making a significant contribution to the streetscape quality of this part of the conservation area. I note that the proposals retain the existing original margin pane window on the north-west elevation facing the public road. However, wholesale replacement of the remaining timber windows with uPVC units does not meet requirements to preserve or enhance the conservation area. While the proposed replacement units are of similar proportions to the existing, the wider uPVC frames will appear incongruous and will detract from the historic character of the villa and its setting. Recommended planning condition(s) Recommended informative(s) for applicant Date comments returned 09/02/2022 59
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4(i)(b) LRB-2022-16 LRB-2022-16 21/02209/FLL – Installation of replacement windows, Hill House, Upper Allan Street, Blairgowrie PLANNING DECISION NOTICE (included in applicant’s submission (pages 25-26) REPORT OF HANDLING (included in applicant’s submission (pages 27-34) REFERENCE DOCUMENTS (included in applicant’s submission (pages 41-53) 61
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4(i)(c) LRB-2022-16 LRB-2022-16 21/02209/FLL – Installation of replacement windows, Hill House, Upper Allan Street, Blairgowrie REPRESENTATIONS (included in applicant’s submission (page 59) 63
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