Item 4(i) LRB-2022-25
Perth and Kinross Council · 20 September 2022
Back to Local Review Body — 20 September 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-2022-25 LRB-2022-25 21/02169/FLL – Erection of a dwellinghouse and garage/ ancillary building, land 30 metres south west of 32 Lintrose Holding, Campmuir INDEX (a) Papers submitted by the Applicant (Pages 11-64) (b) Decision Notice (Pages 67-68) Report of Handling (Pages 69-77) Reference Documents (Pages 45-63 and 79) (c) Representations (Pages 81-98) 9
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4(i)(a) LRB-2022-25 LRB-2022-25 21/02169/FLL – Erection of a dwellinghouse and garage/ ancillary building, land 30 metres south west of 32 Lintrose Holding, Campmuir PAPERS SUBMITTED BY THE APPLICANT 11
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Notice of Review Page 1 of 5 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: X 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 MR AND MRS W FLEMING Name NORMAN A MACLEOD No 32 LINTROSE COUPAR ANGUS PH13 9LJ Address Postcode 18 WALNUT GROVE BLAIRGOWRIE PH10 6TH Contact Telephone 1 Contact Telephone 2 Fax No 07884177328 E-mail* namacleod@aol.com PERTH AND KINROSS 21/02169/FLL No 32 LINTROSE, COUPAR ANGUS PH13 9JL CHANGE OF USE OF LAND, DEMOLITION OF FARM BUILDINGS AND ERECTION OF A DETACHED HOUSE AND DETACHED GARAGE 6/12/2021 Date of decision (if any) 4/3/2022 13
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Notice of Review Page 2 of XX5 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: NOT APPLICABLE Site inspection In the event that the Local Review Body decides to inspect the review site, in your opinion: Yes No 14
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Notice of Review Page 3 of 5 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: NOT APPLICABLE 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. PLEASE SEE THE ATTACHED SEPARATE DOCUMENTS – 1. NOTICE OF REVIEW WRITTEN SUBMISSIONS 2. NOTICE OF REVIEW SUBMISSION APPENDIX 15
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Notice of Review Page 4 of 5 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. NOT APPLICABLE 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. NOTICE OF REVIEW WRITTEN SUBMISSIONS NOTICE OF REVIEW SUBMISSION APPENDIX 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. PLANNING APPLICATION DRAWINGS AND SUPPORTING STATEMENT 16
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Notice of Review Page 5 of 5 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. Signed Date 02/06/2022 17
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1 NOTICE OF REVIEW PLANNING AUTHORITY: PERTH & KINROSS COUNCIL APPLICATION REFERENCE: 21/02169/FLL SITE ADDRESS: LAND 30 METRES SOUTHWEST OF 32 LINTROSE HOLDING, CAMPMUIR PROPOSED DEVELOPMENT: ERECTION OF A DWELLINGHOUSE AND GARAGE/ANCILLARY BUILDING DATE OF REFUSAL: 04 MARCH 2022 WRITTEN SUBMISSIONS 19
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2 1 Introduction 1.1 The proposed development was refused under delegated powers on 04 March 2022 for the following reasons:- 1. The proposal is contrary to Policy 19, Housing in the Countryside, of the Perth & Kinross Local Development Plan 2 (2019) and its associated supplementary guidance. The proposal does not accord with any of the categories within the policy. In particular, the proposal is contrary to category 2 infill as the plot created is not comparable in size to the neighbouring plots and does not have a similar size of road frontage. In addition, the size and design of the infill house is not sympathetic to the neighbouring buildings. 2. The proposal is contrary to Policy 1A and 1Bc), Placemaking, of the Perth & Kinross Local Development Plan 2 (2019). The design and siting of the development does not respect the character and amenity of the place and does not complement its surroundings in terms of appearance, height and massing, materials, finishes and colour. 2 Background 2.2 The applicants are locally based, 4th generation farmers and the application site forms part of a wider smallholding acquired in early 2021 which includes the adjacent cottage at no.32 and a large field to the east. Having sympathetically restored the cottage last year, the applicants now propose to redevelop the adjacent poor quality agricultural buildings to provide their main home from which to farm the smallholding (with the cottage being retained as a holiday let). 20
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3 3 Rebuttal Plot 3.1 Whilst the Planning Officer has concluded that the proposals need to be assessed under Category 2 (Infill Sites) of the Housing in the Countryside Supplementary Guidance, it must be acknowledged that this is not a cleared site. It is an existing plot with established boundaries and a large number of poor quality and largely derelict, non-traditional (and 1 traditional) buildings, and the SPG states that each case will require to be assessed on its own merits. 3.2 It is worth noting that had the existing buildings been demolished prior to the application being made, the proposal would have fallen under Category 6 (Development on Rural Brownfield Land) and demolition remains an option given the poor state of repair of the buildings. 3.3 Whilst it is accepted that the application site has a wider road frontage (43m, excluding the shared access to no.32 adjacent) than the neighbouring plots, the difference is marginal when compared to the two plots directly opposite (which are both 38m). It should also be borne in mind that this is an existing plot, largely covered in a variety of poor-quality non-traditional buildings, and its frontage is fixed by the properties on either side. There are a variety of plot frontages within this particular building group. 3.4 The same is true for the plot depth, which is mirrored by part of the garden to the ‘Viewfield’ property immediately south. The proposed house is set slightly back for two principal reasons: 1. Maintaining a reasonable set-off to the existing mature trees along the roadside; and 2. Placing the proposed house within the footprint of the existing derelict buildings. 21
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4 3.5 There are no such mature trees along the frontage of existing houses on either side of the application site (No.32 and Viewfield), nor on any of the existing properties on the opposite side of the road so it is not unreasonable to expect some variation to the existing building line when it comes to the application site. Size 3.6 In the same way that this building group contains a range of plot sizes, there is a significant variance in the size of the existing houses. The new houses at Orchard House, The Brambles and Strawberry Fields, as well as the houses at Muirside and Hillview House, are significantly larger than the flanking houses of No.32 and Viewfield. There is no uniformity, and the scale of the proposed house is in keeping with the surrounding area. 22
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5 Design 3.7 The officer’s delegated report concludes that the proposed building does not complement its surroundings in terms of appearance, height and massing, materials, finishes and colour. However, it is important to highlight that no site visit was undertaken by the officer, who instead relied on Google Streetview and similar electronic means. As a consequence, we believe that the conclusions were based on out-of-date and incorrect information. 3.8 For example, the images on Google Streetview were taken in 2009 and don’t capture the street level view of the two new build houses in the settlement (The Brambles and Strawberry Fields, at the northern end of the street), which are not mentioned in the delegated report. A site visit would also have identified that Strawberry Fields has a garage built directly in front of the house, which can’t be seen from Google Maps. 3.9 The proposed house is to be built using white wet-dash render, stone feature walls, grey Cedral cladding and a slate roof, similar to the post-war traditional holding cottage next door (No.32) and others nearby. This is a significant improvement on the three most recent properties in the settlement, which have beige Fyfe stone base courses, white dry-dash render, and concrete tiled roofs. 3.10 The delegated report concludes that the proposed building, at 1.75 storeys, is at odds with the surrounding houses, which are mainly single or 1.5 storeys. However, there are a substantial number of 1 ¾ storey houses in & around the settlement of Campmuir – please refer to the attached appendices. 4 Conclusions 4.1 The reasons for refusal boil down to a difference of opinion on design issues, and we believe that the officer’s conclusions are undermined by the lack of a site visit to appreciate more recent developments in and around the settlement. 4.2 From the evidence presented here, we would contend that the proposed design and scale is in fact entirely in character with numerous other holdings in the Campmuir, Lintrose, Kinnochtry and North Corston areas, where new homes have been built alongside post-war holdings, and we respectfully request that the Local Review Body grants planning permission for the proposed development. 23
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1 SUPPORTING STATEMENT AND PHOTOS LOCATION – The plot is located off the C442 road among a group of buildings in Lintrose comprising of farm buildings and a dwelling. EXISTING FARM BUILDINGS – Consideration was given to the feasibility of converting the existing farm buildings, however, due to their condition and form of construction it was considered impracticable. Please see photos below. A new farm building is being proposed for the future to replace other derelict farm buildings although it does not form part of this proposal. PROPOSAL – The proposal is to demolish the existing farm buildings and erect a dwelling house and detached garage within the footprint of the existing buildings. The existing cottage and farm will be retained in the ownership of the applicants with the existing cottage being available for holiday let and the farm continuing to be productive. DESIGN – The house and garage has been designed as 1 and ¾ storeys incorporating slate pitched roofs, white wet dash render as well as stonework to the external walls. The 1 and ¾ storey design is typical of recent approvals in nearby locations. TOPOGRAPHICAL SURVEY – A topographical survey has been prepared with levels as shown on the Existing and Proposed Block Plans. Localised areas of upfill are proposed for the front lawn and access to the garage. TREES – Trees are located adjacent to the plot and C442 road. The trees will be retained and all new work will be out with the root protection area. Further trees and beech hedges will be planted as part of the landscaping plan. BAT SURVEY – Please see the Bat Survey enclosed. GROUND INVESTIGATION – This will be submitted if requested. ACCESS – Access from the C442 road will be via the existing track and shared with the existing cottage. DRAINAGE – A private drainage system is to be utilised with private treatment plant and located within the site with the discharge of the effluent taken to the Kinnochtry Burn. The surface water will also connect to the tailrace and will be registered with SEPA. REFUSE BIN STORAGE – Provision has been made for bin storage within the garden ground of the plot and the bins will be taken adjacent to the C442 road on the day of collection. PARKING – Provision has been made for parking and turning within the plot as shown on the Proposed Block Plan as well as the proposal for vehicle storage in the garage. AMENITY – There is ample area within the plot for leisure amenity of the occupants of the dwelling. NEIGHBOURING AMENITY – The new house will be located at least 9m from the neighbouring boundary and it’s not considered to have detrimental affect on the neighbouring property. 25
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2 LANDSCAPING – Post and wire fences define the south west neighbouring boundary and the north west boundary adjacent to the C442 road. Additional post and wire fences will be erected to enclose the plot as well as the formation of beech hedges, garden lawns and footpaths. Bin storage and drying areas are also provided. STOVE - It is intended to provide a wood burning stove in the lounge. Please see details below Orion Vision 10kw... 3 Sided Contemporary Curved Multi-Fuel Stove... Featuring Triple burn technology, Ecodesign 2022 compliant. The Orion Vision is a 3 sided curved - completely cylindrical, contemporary styled, wood burning stove with glass to three sides. This stylish and elegant stove offers a nominal output of 7kw, and a maximum output of 10kw. Finished to a very high standard in charcoal grey - almost black, and incorporating a flush fit, brushed stainless steel handle to compliment its contemporary appearance, this 3 sided stove offers a view of the flames from all angles of the room. Manufactured from premium grade steel, unlike fragile cast iron, the Orion Vision will heat up very quickly and wont crack or melt. The firebox is fully lined to reflect the heat out from the appliance and to prolong the life of the appliance. The Orion Vision features Triple Burn combustion, where the gases are re-ignited to obtain the maximum efficiency and heat output of the stove with minimum fuel consumption, making the CO output lower than any other stove in it's class. 26
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3 The stove is Eco Design 2022 certified, and offers highly efficient operation, with low fuel consumption. In recent independant tests stoves that were Eco Design 2022 compliant, used 6 times less fuel than traditional non compliant stoves. The result is that you save money on fuel. Airflow control provides simple, but optimum control over the burn rate and temperature output. An advanced glass cleaning air wash system ensures that the large curved ceramic glass window and the side glass remains clear to provide a warming view of the flames. Other features include a lower log storage compartment a removable ash pan for ease of cleaning and a multi-fuel fire grate. Top flue exit only. A fantastic - stylish wood burning stove at a fraction of the cost of similar Scandinavian models. The Orion Vision carries a 2 year warranty and the following quality standards: CE Marked to EN13240 and manufactured in accordance with ISO 9001 Quality Standard. PHOTOS 27
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2 x new builds. Single storey high pitched roofs. W hite dry dash, concrete tiled roof 1 with garage set directly in front of house Appendix 3 Substantial 1 ¾ storey new build, set back from road W hite dry dash, concrete tiled roof, upstairs windows overlooking road Appendix 1 Single storey house had large extension added 2021 making entire dwelling into 1 ¾ height Appendix 7 House currently having large extension making into 1 ¾ height Neighbouring property traditional farmhouse of 1 ½ storey height Appendix 6 BorelandMill development, set back from the road and a mixture of single storey and 1 ¾ height dwellings Appendix 5 Traditional farmhouse of 1 ¾ storey height Appendix 4 Traditional farmhouse of 1 ¾ storey height Appendix 2 Proposed Development 35
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View from roadside and directly in front of cottage at no.32 Holding Lintrose, belonging to applicant 17/01417/FLL Appendix 1. Orchard House 36
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Appendix 2. Foresters Cottage 37
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Erection of garage in front of house (2020) Ref 20/00001/FLL 17/01417/FLL (2017) 20/01718/FLL(2020) 16/01060/FLL (2016) Appendix 3. The Brambles & Strawberry Fields Drone footage of this area can be viewed here: https://www.youtube.com/watch?v=cgP_lB4H0n4 38
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Appendix 4. Peattie Mill Farm 39
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Appendix 5. BorelandMill Development Situated back from the roadside and a mixture of single storey and 1 ¾ storey dwellings 40
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Appendix 6. BorelandFarm 1 ¾ storey extension to original holding cottage granted 2021 and currently under construction Traditional sheds alongside on road shown for height purposes 21/00844/FLL (2021) Adjacent to BorelandFarm is a traditional stone 1 ½ storey farmhouse 41
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Appendix 7. No.18 LintroseHoldings Extension and raising of the roof to former bungalow to create 1 ¾ storey extension 21/00184/FLL (2021) 42
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Campmuir -nearest settlement 300m from proposed site Contains a mixture of post-war white render holdings (similar tothat currently owned by applicant) and a variety of new builds, most of which are 1 ¾ storeyin height, some situated back from the roadside behind older traditional properties 43
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737325N 737325N 737375N 737375N 737300N 737300N 737350N 737350N 77.000 76.500 76.500 75.767 76.280 77.256 ST N 1 S TN 2 S TN 3 75.776 75.718 75.626 75.549 75.530 75.546 75.622 75.881 75.705 75.688 75.765 75.764 75.768 75.930 75.921 75.869 75.956 76.110 76.186 76.707 76.763 76.850 77.052 77.097 77.070 76.994 76.909 76.992 77.464 77.488 77.468 77.515 77.582 77.221 77.125 77.110 76.937 76.888 76.701 76.631 76.620 76.608 76.509 76.524 76.392 76.234 76.104 76.056 76.103 76.191 76.889 76.855 76.741 76.691 76.587 76.420 76.263 76.062 76.000 76.007 76.774 76.888 77.003 76.816 76.741 76.599 76.449 76.795 76.986 76.988 76.896 76.644 76.668 76.707 76.784 76.799 76.860 76.929 77.064 77.101 76.990 76.989 77.116 77.117 77.247 77.163 77.099 77.146 76.811 76.868 76.845 75.959 75.791 75.700 75.887 76.200 76.375 76.473 76.607 76.677 76.722 76.550 76.639 76.351 76.026 75.757 75.614 75.596 75.817 76.132 76.416 76.491 76.448 76.647 76.599 76.485 76.588 76.651 76.481 76.125 75.824 75.554 75.370 75.752 76.101 76.431 76.467 76.131 75.748 75.529 75.247 75.670 75.518 75.538 75.526 75.541 75.72176.042 76.517 G ravel G ravel G ravel G ravel 76.909 76.996 76.968 Grass77.084 G 77.154 77.154 77.315 G 76.067 TP 77.090 77.019 G ravel G ravel G ravel G ravel G ravel P ow er P ole FFL FFL 77.253 77.400 R idge R idge R idge 82.197 81.660 81.480 Eaves E aves E aves 79.845 79.585 79.671 C oncrete C oncrete C oncrete Slabs S labs R ough track R ough track R ough track R ough track R ough track R ough track R ough track R ough track G ravel G ravel NORMAN A MACLEOD namacleod@ aol.com Tel: 07884177328 DRAW ING REF: EXISTING BLOCK PLAN PAPER SIZE: A1 DATE:DEC21 SCALE:1TO200 DRAW ING NO:1 REVISION: PROJECT: ERECTION OF A HOUSE AND GARAGE AT 32 LINTROSE, CAMPMUIR, COUPAR ANGUS PH13 9LJ 46
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737325N 737325N 737375N 737375N 737300N 737300N 737350N 737350N 77.000 76.500 76.500 75.767 76.280 77.256 S TN 1 S TN 2 S TN 3 75.776 75.718 75.626 75.549 75.530 75.546 75.622 75.881 75.705 75.688 75.765 75.764 75.768 75.930 75.921 75.869 75.956 76.110 76.186 76.707 76.763 76.850 77.052 77.097 77.070 76.994 76.909 76.992 77.464 77.488 77.468 77.515 77.582 77.221 77.125 77.110 76.937 76.888 76.701 76.631 76.620 76.608 76.509 76.524 76.392 76.234 76.104 76.056 76.103 76.191 76.889 76.855 76.741 76.691 76.587 76.420 76.263 76.062 76.000 76.007 76.774 76.888 77.003 76.816 76.741 76.599 76.449 76.795 76.986 76.988 76.896 76.644 76.668 76.707 76.784 76.799 76.860 76.929 77.064 77.101 76.990 76.989 77.116 77.117 77.247 77.163 77.099 77.146 76.811 76.868 76.845 75.959 75.791 75.700 75.887 76.200 76.375 76.473 76.607 76.677 76.722 76.550 76.639 76.351 76.026 75.757 75.614 75.596 75.817 76.132 76.416 76.491 76.448 76.647 76.599 76.485 76.588 76.651 76.481 76.125 75.824 75.554 75.370 75.752 76.101 76.431 76.467 76.131 75.748 75.529 75.247 75.670 75.518 75.538 75.526 75.541 75.72176.042 76.517 G ravel G ravel G ravel G ravel 76.909 76.996 76.968 Grass G 77.154 77.154 77.315 G 76.067 TP 77.090 77.019 G ravel G ravel G ravel G ravel G ravel P ow er Pole FFL FFL 77.253 77.400 R idge R idge R idge 82.197 81.660 81.480 E aves E aves E aves 79.845 79.585 79.671 C oncrete C oncrete C oncrete S labs S labs R ough track R ough track R ough track R ough track R ough track R ough track R ough track R ough track G ravel G ravel NORMAN A MACLEOD namacleod@ aol.com Tel: 07884177328 DRAW ING REF: EXISTING BLOCK PLAN W ITH NEW BUILDINGS SUPERIMPOSED PAPER SIZE: A1 DATE:DEC21 SCALE:1TO200 DRAW ING NO:2 REVISION: PROJECT:ERECTION OF A HOUSE AND GARAGE AT 32 LINTROSE, CAMPMUIR, COUPAR ANGUS PH13 9LJ 47
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737325N 737325N 737375N 737375N 737300N 737300N 737350N 737350N 77.000 76.500 76.500 75.767 76.280 77.256 S TN 1 S TN 2 ST N 3 75.776 75.718 75.626 75.549 75.530 75.546 75.622 75.930 75.921 75.869 75.956 76.110 76.186 76.707 76.763 76.850 77.052 77.097 77.070 76.994 76.909 76.992 77.464 77.488 77.468 77.515 77.582 77.221 77.125 77.110 76.937 76.888 76.701 76.631 76.620 76.608 76.509 76.524 76.392 76.234 76.104 76.103 76.191 76.855 76.741 76.691 76.587 76.420 76.263 76.062 76.599 76.449 76.795 76.988 76.896 76.644 76.668 77.101 76.990 76.989 77.116 77.117 77.247 77.163 77.099 77.146 76.811 76.868 76.845 75.959 75.791 75.700 75.887 76.200 76.375 76.473 76.607 76.677 76.722 76.550 76.639 76.351 76.026 75.757 75.614 75.596 75.817 76.132 76.416 76.491 76.448 76.647 76.599 76.485 76.588 76.651 76.481 76.125 75.824 75.554 75.370 75.752 76.101 76.431 76.467 76.131 75.748 75.529 75.247 76.042 76.517 G ravel G ravel G ravel G ravel 76.909 76.996 76.968 Grass77.084 G 77.154 77.154 77.315 G T P 77.090 77.019 G ravel G ravel G ravel G ravel G ravel P ow er P ole FF L F FL 77.253 77.400 R idge R idge 82.197 81.480 E aves Eaves 79.845 79.671 C oncrete C oncrete C oncrete S labs S labs R ough track R ough track G ravel G ravel NORMAN A MACLEOD namacleod@ aol.com Tel: 07884177328 DRAW ING REF: PROPOSED BLOCK PLAN PAPER SIZE: A1 DATE:DEC21 SCALE:1TO200 DRAW ING NO:3 REVISION: PROJECT: ERECTION OF A HOUSE AND GARAGE AT 32 LINTROSE, CAMPMUIR, COUPAR ANGUS PH13 9LJ 48
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NORMAN A MACLEOD namacleod@ aol.com Tel: 07884177328 DRAW ING REF: SITE CROSS SECTION E-E PAPER SIZE: A1 DATE:DEC21 SCALE:1TO100 DRAW ING NO:4 REVISION: PROJECT: ERECTION OF A HOUSE AND GARAGE AT 32 LINTROSE, CAMPMUIR, COUPAR ANGUS PH13 9LJ 49
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NORMAN A MACLEOD namacleod@ aol.com Tel: 07884177328 DRAW ING REF: HOUSE VERTICAL CROSS SECTIONS PAPER SIZE: A1 DATE:DEC21 SCALE:1TO50 DRAW ING NO:7 REVISION: PROJECT: ERECTION OF A HOUSE AND GARAGE AT 32 LINTROSE, CAMPMUIR, COUPAR ANGUS PH13 9LJ 52
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NORMAN A MACLEOD namacleod@ aol.com Tel: 07884177328 DRAW ING REF: GARAGE FLOOR PLANS AND ROOF PLAN PAPER SIZE: A1 DATE:DEC21 SCALE:1TO50 DRAW ING NO:9 REVISION: PROJECT: ERECTION OF A HOUSE AND GARAGE AT 32 LINTROSE, CAMPMUIR, COUPAR ANGUS PH13 9LJ 54
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Bat Survey Report Workshop and Sheds 32 Holding Lintrose Blairgowrie PH13 9LJ August 2021 55
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Figure 1. Sheds to be removed circled in pink 56
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Introduction 1.1 Licensed bat worker Dr Garry Mortimer was commissioned to carry out bat surveys on outbuildings and sheds (Figure 1) located at 32 Holdings, Lintrose, Blairgowrie PH13 9LJ. 1.2 Aims and Objectives To determine if any bat species are present and roosting in the buildings and sheds. 1.3 Species Protection Status Bats are protected under Annex IIa and IVa of the EC Habitats Directive (92/43/EC) as applied in Scotland under the Conservation (Natural Habitats &c.) Regulations 1994, as amended by the Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations of 2004, 2007 and 2009. This creates a series of criminal offences that can result in substantial fines and/or imprisonment. These offences are listed below and make it illegal; • To deliberately or recklessly capture, injure or kill bats • To deliberately or recklessly harass a bat or group of bats • To deliberately or recklessly disturb a bat wherever they occur in a manner that is, or in circumstances which are, likely to impair its ability to survive, breed or reproduce, or rear or otherwise care for its young • To deliberately or recklessly disturb a bat while it is hibernating or migrating • To deliberately or recklessly disturb a bat in a manner that is, or is likely to significantly affect the local distribution or abundance of the species to which it belongs • To deliberately or recklessly disturb a bat while it is rearing or otherwise caring for its young • To deliberately or recklessly disturb a bat while it is occupying a structure or place which it used for shelter or protection • To deliberately or recklessly obstruct access to a breeding site or resting place of a bat, or otherwise deny the animal use of the breeding site or resting place (note that this protection exists even when the bat is not in occupation) 57
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• To damage or destroy a breeding site or resting place (Note this is a strict liability offence and the prosecution do not have to prove deliberate or reckless intent, merely that the roost was damaged or destroyed) • To possess or control or transport any live or dead bat which has been taken from the wild or anything derived from a bat or any such part of a bat • In addition to the above offences it is an offence to knowingly cause or permit such offences to be committed. Site Description 1.4 The site is situated in a rural village setting approximately 4km south of Cupar Angus. There is a single storey detached bungalow on site that is not part of this report. The rest of the site comprises a collection of corrugated and wooden sheds and a rendered building with a corrugated roof (Figures 2-5). Figure 2. Rendered outbuilding/workshop with corrugated roof laid onto wooden joists. 58
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Figure 3. Corrugated metal sheets laid onto wooden joists with no wall or roof cavities present. 59
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Figure 4. Wooden sheds with virtually no bat roost potential. 60
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Figure 5. Corrugated lean to with no bat roost potential. 1.5 Standards and Guidance Followed for Bat Surveys In July 2021 a roost inspection bat survey (Preliminary Roost Assessment) by Dr. G Mortimer was carried out in accordance with guidance from the BCT. 1.6 Buildings Inspections The outside and inside of the building and sheds were inspected using ladders, endoscope and 10 x 40 binoculars where possible. The buildings were checked for any potential bat access points, droppings on floors, walls or windows, urine stains, grease marks or other indications that a roost was present. Results 1.7 Due to the construction methodology of the rendered building with corrugated sheeting and no roof or wall cavities are present there was very limited bat roost potential present. The sheds with corrugated or flat roofs had almost zero bat roost potential in the majority of the buildings. No signs of bats were recorded and many 61
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parts of the sheds were scoped out of further survey work. Following BCT Guidance recommendations it was considered that a dusk activity survey would be required. 1.8 Dawn Dusk Activity Surveys On August 17th three bat surveyors carried out dusk bat emergence surveys in suitable conditions. August 17 - Dusk - Start 20.10 – End 22.10; Sunset 20.48; Weather: 3/8 Oktas cloud cover; Wind: Force 1 Variable, Temperature: 16 Celsius. 1.9 Results No signs of bats were recorded either entering or leaving any of the buildings or sheds that were being surveyed during the dusk activity surveys. Small numbers (2-3) of common and soprano pipistrelle were recorded foraging around the woodland near the site and single bat soprano pipistrelle summer non-maternity roosts are present in the residential bungalow. Discussion of Survey Results 1.10 The bat surveys were undertaken to assess whether there were roosting bats present in the sheds and outbuilding at 32 Holdings Lintrose. 1.11 Following BCT Guidance and survey protocol no signs of bats were recorded during the building or dusk activity surveys. Given the very limited bat roost potential present no roosts are suspected to be present. No further survey work will be required. Conclusion 1.12 It is considered that the proposed demolition works poses a negligible risk of death or disturbance to European Protected Species and it is safe to proceed. 62
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• DISCLAIMER This report has been prepared by Dr Garry Mortimer of GLM Ecology, with all reasonable skill and care within the terms of the agreement with the client. Dr Mortimer disclaims any responsibility to any parties in respect of matters outside this scope. Best efforts were made to meet the objectives of this study through desktop study and field survey. Information supplied by the client or any other parties and used in this report is assumed to be correct and GLM Ecology accepts no responsibility for inaccuracies in the data supplied. It should be noted, that whilst every endeavour is made to meet the client’s brief, no site investigation can guarantee absolute assessment or prediction of the natural environment. Numerous species are extremely mobile or only evident at certain times of year and habitats are subject to seasonal and temporal change. GLM Ecology accepts no responsibility to third parties who duplicate, use, or disclose this report in whole or in part. Such third parties rely upon this report at their own risk. Document Prepared By Dr Garry Mortimer GLM Ecology 63
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4(i)(b) LRB-2022-25 LRB-2022-25 21/02169/FLL – Erection of a dwellinghouse and garage/ ancillary building, land 30 metres south west of 32 Lintrose Holding, Campmuir PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS (part included in applicant’s submission, pages 45-63) 65
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1 REPORT OF HANDLING DELEGATED REPORT Ref No 21/02169/FLL Ward No 2 - Strathmore Due Determination Date 9th March 2022 Draft Report Date 4th March 2022 Report Issued by PB Date 4 March 2022 PROPOSAL: Erection of a dwellinghouse and garage/ancillary building LOCATION: Land 30 Metres South West Of 32 Lintrose Holding Campmuir 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 69
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2 BACKGROUND AND DESCRIPTION OF PROPOSAL The proposal relates to a site at Lintrose Holdings southwest of Campmuir. Planning permission is sought for the erection of a dwellinghouse and garage/ancillary building. There are existing non-domestic buildings on the site which are to be demolished. The new house will be positioned to the rear of the site on the site of a demolished building with the garage/ancillary building located to the front of the site also on the site of a former building. There are residential properties either side of the site and opposite. These are single storey in appearance. The proposed new house will be a detached, four bedded property with accommodation over two levels. It will be finished in render and stone with a slate roof. The application submission indicates that the neighbouring cottage to the northeast is in the ownership of the applicants and will be retained for holiday accommodation and that a new farm building will be erected but is not part of this application. SITE HISTORY None. 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). 70
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3 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 2: Design Statements Policy 5: Infrastructure Contributions Policy 19: Housing in the Countryside Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development Policy 39: Landscape Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 53E: Water Environment and Drainage: Water Supply Policy 58A: Contaminated and Unstable Land: Contaminated Land Policy 59: Digital Infrastructure Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals OTHER POLICIES Housing in the Countryside Supplementary Guidance 2020 CONSULTATION RESPONSES Transport Planning No response in timescale. Scottish Water Capacity at Lintrathen water treatment works for water supply. No public Scottish Water infrastructure in the vicinity. Private treatment options required. Development Contributions Officer No developer contributions required. 71
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4 Dundee Airport Ltd No objection. Environmental Health (Contaminated Land) No objection subject to contaminated land condition. Environmental Health (Noise Odour) Informative note with regard to woodburning stove. Biodiversity/Tree Officer No objection subject to condition. Perth And Kinross Heritage Trust Does not raise any issues requiring archaeological mitigation. Planning And Housing Strategy Issues with compliance with Housing in the Countryside Policy. REPRESENTATIONS No representations received. 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 Supporting statement submitted 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. 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. 72
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5 Policy Appraisal The site is in a rural area where Policy 19, Housing in the Countryside, of the Local Development Plan applies. Category 5 covers the conversion or replacement of non-domestic rural buildings. In this case although the proposal would result in the replacement of a number of non-domestic buildings, from the photographs submitted with the application the majority of the existing buildings are non-traditional. The only exception is potentially the existing building on the site of the proposed garage / ancillary building which looks to be of traditional form and construction. However the supporting statement suggests that this is not suitable for conversion. Category 5 therefore offers no support to the proposal due to it not supporting the replacement of non-traditional buildings with residential development. The most appropriate category to assess the proposal against therefore is category 2 Infill Sites. Category 2 allows for the development of up to two houses in the gap in between existing buildings providing a number of criteria are met: • The plot created should be comparable in size to the neighbouring plots and have a similar size of road frontage. In this proposal the plot size is considerably bigger than that on either side with a larger road frontage although this is broken up by existing trees along the road boundary. The rear boundary extends further back than either of the neighbouring properties resulting in a much deeper plot. The proposed house is also set much further back from the road than the neighbouring properties or indeed any of the other houses within the building group which are fairly uniform with the exception of the backland plot which it is understood was granted some time ago on appeal. • The proportion of the plot to be occupied by the infill house is no greater than that of the existing plots. • There would appear to be no uses in the vicinity which would prevent the achievement of an adequate standard of amenity for the new house. There appears to be little in the way of an existing boundary to the neighbouring property to the south west but a post and wire fence and beech hedge is proposed and on this basis the amenity of the existing house could also be maintained. • The size and design of the infill house should be sympathetic to the neighbouring buildings. From looking at streetview the houses on either side look to be mainly single storey or 1.5 storey. The houses opposite are similar but the new proposed house is to be 1.75 storey with upper storey windows. It is noted from the supporting statement that this design is ‘typical of recent approvals in nearby locations’ but this must be outwith this building group. There appears to be little in the way of upper storey windows in the immediate vicinity and in that sense the overall appearance of the proposed house differs somewhat from the character of the existing houses. Overall, whilst there are some concerns about the scale and design the main issue is the plot size and siting of the house within the plot. For the proposal to comply with the Category 2 infill the dwellinghouse would have to be closer to the road similar to 73
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6 that of existing houses within the building group, with the garage to the rear, keeping the buildings within the existing rear boundary line. It is appreciated that the proposed new buildings have been positioned within the footprint of the existing buildings, but this would only be a requirement if the proposal was being assessed against category 5. Alternative positioning as suggested above would be a much better fit with category 2 of the supplementary guidance. An infill site should also include the full extent of the gap between houses. This site does that. It is further noted that the retention of a field access within the infill plot or plots will not be permitted. For completeness the proposal is also assessed in terms of Category 1, Building Groups. This also requires new housing to respect the character, scale and form of the existing group, and to be integrated into the existing layout and building pattern. This proposal fails to do this. The principle of the proposed development is therefore contrary to the Housing in the Countryside policy as it fails to meet any of the categories for development set out in the policy and guidance. Other aspects of the proposal will be assessed below. Design and Layout Placemaking policies seek to ensure that proposals make a positive contribution to the built and natural environment. In particular policy 1A requires the design, density and siting of development to respect the character and amenity of the place. Policy 1Bc) states that design and density should complement its surroundings in terms of appearance, height, massing, materials, finishes and colour. In this case whilst the layout of the development reflects the layout of existing buildings on the site this is not compatible with the general character of the residential development in the vicinity. As the proposal is being considered as an infill between residential dwellings the design should better reflect the design and layout of other residential properties in the vicinity. The proposed design is at odds with its surroundings with the house being set back on the site and garage with parking to the front. As such the proposal is not in accordance with Placemaking policies 1A and 1Bc). Landscape There are existing tress to the front of the site that are to be retained. This will help to maintain landscape character. The surrounding area is relatively flat. The impact of the development would be reduced by the construction of a more modest scale of development of single storey appearance that would better fit with the character of the area. Residential Amenity The proposed dwellinghouse is sited some distance away from other residential properties and will not impact on them in terms of loss of privacy, overlooking or overshadowing. Sufficient garden ground is proposed along with private amenity space for utility use. Impact on existing residential amenity is acceptable. 74
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7 Environmental Health has been consulted and requests that an informative note be attached with regard to the woodboring stove if recommended for approval. Visual Amenity Whilst it is acknowledged that re-development of the site could result in a visual improvement the scale, siting and design of the development is inappropriate and would have an adverse impact on visual amenity due to being out of character with the surrounding residential development. Roads and Access The site is served by an existing access. Sufficient space for turning and parking of vehicles is shown on the submitted plans. Drainage and Flooding The site is not in an area at risk of flooding. Foul drainage will be to a private system. The proposal should dispose of surface water by a sustainable urban drainage system (policy 53C). A condition with regard to this would be added should permission be granted. Conservation Considerations There are no listed buildings in the vicinity. The site is not within a conservation area. Perth and Kinross Heritage Trust was consulted but no archaeological mitigation is required in this instance. Natural Heritage and Biodiversity A Bat Survey has been submitted that accords with best practice. A dusk survey carried out in August 2021 confirmed that no roosting bats were present in the sheds and outbuilding at 32 Holdings Lintrose. As there are no presence of bat roosts, works can be undertaken without a derogation licence from NatureScot (formerly Scottish Natural Heritage). The Biodiversity Officer recommends conditions to enhance biodiversity through the erection of bird nest boxes. Informative notes are also requested. Developer Contributions Primary Education 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. This proposal is within the catchment of Burrelton Primary School. 75
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8 Education & Children’s Services have no capacity concerns in this catchment area at this time. No developer contributions are required. Low carbon Proposals for new buildings should comply with policy 32 of the Development Plan. This requires proposals for all new buildings to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. This application is being recommended for refusal however a condition with regard to compliance with policy 32 would be attached should the application be approved. Contaminated Land The site may have been contaminated by a former use. Any approval would be subject to conditional control with regard to contaminated land and would require appropriate mitigation if contamination is found. 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 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 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. 76
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9 Conditions and Reasons 1 The proposal is contrary to Policy 19, Housing in the Countryside, of the Perth and Kinross Local Development Plan 2 (2019) and its associated supplementary guidance. The proposal does not accord with any of the categories within the policy. In particular the proposal is contrary to category 2 infill as the plot created is not comparable in size to the neighbouring plots and does not have a similar size of road frontage. In addition the size and design of the infill house is not sympathetic to the neighbouring buildings. 2 The proposal is contrary to Policy 1A and 1Bc), Placemaking, of the Perth and Kinross Local Development Plan 2 (2019). The design and siting of development does not respect the character and amenity of the place and does not complement its surroundings in terms of appearance, height and massing, materials, finishes and colour. 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. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 05 06 07 08 09 10 11 12 13 77
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4(i)(c) LRB-2022-25 LRB-2022-25 21/02169/FLL – Erection of a dwellinghouse and garage/ ancillary building, land 30 metres south west of 32 Lintrose Holding, Campmuir REPRESENTATIONS 81
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Comments to the Development Quality Manager on a Planning Application Planning Application ref. 21/02169/FLL Comments provided by Joanna Dick Tree and Biodiversity Officer Service/Section Strategy and Policy Contact Details Phone 75377 Email biodiversity@pkc.gov.uk Description of Proposal Erection of a dwellinghouse and garage building Address of site Land 30 Metres South West Of 32 Lintrose Holding Campmuir Comments on the proposal Policy 41: Biodiversity The Council will seek to protect and enhance all wildlife and habitats, whether formally designated or not, considering natural processes in the area. Planning permission will not be granted for development likely to have an adverse effect on protected species unless clear evidence can be provided that the ecological impacts can be satisfactorily mitigated. European Protected Species All bat species found in Scotland are classed as European protected species. They receive full protection under the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) making it an offence to disturb a bat in a roost, obstruct access to a roost and damage or destroy a breeding or resting place of such an animal. The impact of development on protected species must be understood before planning permission can be granted. Planning permission will not be granted for development that would, either individually or cumulatively, be likely to have an adverse effect upon European protected species (listed in Annex IV of the Habitats Directive (Directive 92/43/EEC)) unless the Council as Planning Authority is satisfied that: (a) there is no satisfactory alternative, and (b) the development is required for preserving public health or public safety or for other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment. In no circumstances can a development be approved which would be detrimental to the maintenance of the population of a European protected species at a favourable conservation status in its natural range. All methods in the submitted Bat Survey Report are in accordance with best practice. A dusk survey carried out in August 2021 confirmed that no roosting bats were present in the sheds and outbuilding at 32 Holdings Lintrose. As there are no presence of bat roosts, works can be undertaken without a derogation licence from NatureScot (formerly Scottish Natural Heritage). 89
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Breeding Birds For all wild bird species in Great Britain, it is an offence to intentionally or recklessly kill, injure or take a bird; take, damage, destroy or interfere with a nest of any bird while it is in use or being built; or obstruct or prevent any bird from using its nest. Enhancement for biodiversity should be an objective of all planning projects and can be realised in several ways depending on location, surrounding habitats and landscape character. Tree and house sparrows are red listed as birds of conservation concern and providing nest boxes for these species would enhance the biodiversity value of the site. This would contribute towards the Sparrows on the Edge Project in the Tayside Local Biodiversity Action Plan. Recommended planning condition(s) If you are minded to approve the application then I recommend the following conditions be included in any approval: Prior to the commencement of development hereby approved, details of the location and specification of four sparrow nest boxes shall be submitted for the further written agreement of the Council as Planning Authority. Thereafter, the four sparrow nest boxes shall be installed in accordance with the agreed details prior to the occupation of the relevant residential unit Recommended informative(s) for applicant BATS2 edited The findings and recommendations contained with the Bat Survey remain valid for a period of 24 months. If the approved planning permission is not implemented within 24 months of the date of the survey it is strongly recommended that an updated Bat Survey is undertaken prior to any works commencing. Failure to do so could potentially leave you open to prosecution should any bats be harmed as a result of the works. Please note that bats are protected by law, and it is a criminal offence to deliberately harm, capture, kill or disturb a bat or its resting place. BION Existing buildings or structures may contain nesting birds between 1st March and 31st August inclusive. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. Date comments returned 25 January 2022 90
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M e m o r To Development Management & Building Standards Service Manager Your ref 21/02169/FLL Date 7 February 2022 Communities a n d u m From Regulatory Services Manager Our ref KIM Tel No 01738 476442 Pullar House, 35 Kinnoull Street, Perth PH1 5GD Consultation on an Application for Planning Permission PK21/02169/FLL RE: Erection of a dwellinghouse and garage building Land 30 Metres South West Of 32 Lintrose Holding Campmuir for Mr And Mrs W Fleming I refer to your letter dated 18 January 2022 in connection with the above application and have the following comments to make. Contaminated Land Recommendation I have no objections to the application but recommend the undernoted conditions be included in any given consent. Comments A previous land use that has led to the contamination of a site is generally identifiable from historical records. However consideration needs to be given to situations where this is not so apparent and there is the potential for contamination to cause a constraint in the redevelopment of specific sites. A good example of this is where there is a proposed use change from agricultural to residential. Under the contaminated land research programme administered by the Department of the Environment, Food and Rural Affairs, Science Reports 2, 3, and 7 set out the framework for deriving Soil Guideline Values or SGV’s for proposed changes in land use and sets targets based on the sensitivity of receptors and the land use function. Originally these soil guideline values were restricted to what was considered to be “priority pollutants” but the research programme has now been extended to include other contaminants and respective toxicological data. These soil guideline values are based on risk evaluation in specific circumstances which are a standard function of land use i.e. residential with plant uptake, residential without plant uptake and commercial and industrial. The most sensitive land use recognised by the soil guideline values is “residential with gardens”, where there is likely to be a greater contact between those at risk, in this case the residents and any contaminants contained within the soil. SGV’s for this land use type are therefore at their most conservative and the potential for contaminants to be present and cause a constraint to development are greater. 93
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Potentially there are a range of contaminants that could be present in agricultural land. This is particularly true of areas used as farmyards which may have contained a variety of buildings that have been put to a number of uses. Aside from the likely presence of made ground any number of chemicals could have been used and potentially leaked or been spilled. The risks associated with this remain difficult to quantify until there has been some form of sampling and chemical analysis of the soils contained within the development area. This will help determine the suitability of the site for the proposed development and whether any measures are needed to mitigate against any risks that have been identified. Therefore if planning permission is granted in respect of this development I would recommend that the following condition is applied within the consent. Condition EH41 Prior to the commencement of works on site, an evaluation for the potential of the site to be affected by contamination by a previous use should be undertaken and as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) will be submitted for consideration by the Council as Planning Authority. If after the preliminary risk assessment identifies the need for further assessment, an intrusive investigation should be undertaken to identify; I. the nature, extent and type(s) of contamination on the site II. measures to treat/remove contamination to ensure the site is fit for the use proposed III. measures to deal with contamination during construction works IV. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the agreed measures to decontaminate the site shall be fully implemented as approved by the Council as Planning Authority. Validation that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. 94
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M e m o r To Development Management & Building Standards Service Manager Your ref 21/02169/FLL Date 7 February 2022 Communities a n d u m From Regulatory Services Manager Our ref OLW Tel No 01738 476958 Pullar House, 35 Kinnoull Street, Perth PH1 5GD Consultation on an Application for Planning Permission PKC 21/02169/FLL RE: Erection of a dwellinghouse and garage building Land 30 Metres South West Of 32 Lintrose Holding Campmuir for Mr And Mrs W Fleming I refer to your letter dated 18 January 2022 in connection with the above application and have the following comments to make. Environmental Health Recommendation I have no objections to the application but recommend the undernoted informative be included on any given consent. Comments This application is for the erection of a dwellinghouse which will include the provision of a single woodburning stove and associated flue. Air Quality Perth and Kinross Council have a duty to assess biomass boilers for capacity within the range of 50kW to 20MW in terms of nitrogen dioxide and particulate matter based on their effect on air quality in the area. Though the application does not include any information on the stove, it is likely to be domestic sized and therefore I have no adverse comments to make with regards to air quality. Odour Another matter pertaining to the stove which could cause an issue has the potential for smoke or odour disamenity. This Service has seen an increase in complaints with regards to smoke and odour due to the installation of biomass appliances. This can be caused due to poor installation and maintenance of the biomass appliances and also inadequate dispersion of emissions due to the inappropriate location and height of a flue with regards to surrounding buildings. I note from the submitted plans that the flue will terminate above roof ridge height, which will aid in dispersion of emissions. I would advise that smoke/odour could be further minimised through the use of fuel recommended by the stove manufacturer. 95
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In light of the above, the residential amenity at neighbouring dwellinghouses should not be adversely affected by smoke/odour. I would therefore have no objections to this development provided that the following informative is attached to the consent. Informative The approved stove system shall be installed and thereafter operated and maintained in accordance with the manufacturer's recommendations, such that smoke odours are not exhausted into or escape into any neighbouring dwellings. Failure to do so may result in an investigation and possible action by Environmental Health under the Environmental Protection Act 1990. 96
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Comments to the Development Quality Manager on a Planning Application Planning Application ref. 21/02169/FLL Comments provided by Katrina Walker Service/Section Development Plans Contact Details Description of Proposal Erection of a dwellinghouse and garage/ancillary building Address of site Land 30 Metres South West Of 32 Lintrose Holding, Campmuir Comments on the proposal This proposal is for a house and detached garage at Lintrose Holdings, Campmuir. There is no settlement boundary identified in the LDP so the application falls to be assessed against policy 19: Housing in the Countryside. Although the proposal would result in the replacement of a number of non- domestic buildings, from the photographs submitted with the application the majority of the existing buildings are non-traditional. The only exception might be the existing building on the site of the proposed garage / ancillary which looks like it could be of traditional form and construction and may have been appropriate for conversion. That is not what is being proposed, however, and therefore overall I do not consider that category 5 of the Housing in the Countryside SG would offer support to the proposal. I consider that the most appropriate category to assess the proposal against therefore is category 2 Infill Sites. Category 2 allows for the development of up to two houses in the gap in between existing buildings providing a number of criteria are met: The plot created should be comparable in size to the neighbouring plots and have a similar size of road frontage. In this proposal the plot size is considerably bigger than that on either side with a larger road frontage although this is broken up by existing trees along the road boundary. The rear boundary extends further back than either of the neighbouring properties resulting in a much deeper plot. The proposed house is also set much further back from the road than the neighbouring properties or indeed any of the other houses within the building group which are fairly uniform with the exception of the backland plot which I believe was granted some time ago on appeal. The proportion of the plot to be occupied by the infill house is no greater than that of the existing plots. There would appear to be no uses in the vicinity which would prevent the achievement of an adequate standard of amenity for the new house. There appears to be little in the way of an existing boundary to the neighbouring property to the south west but a post and wire fence and beech hedge is proposed and on this basis the amenity of the existing house could also be maintained. 97
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The size and design of the infill house should be sympathetic to the neighbouring buildings. From looking at streetview the houses on either side look to be single storey and 1.5 storey. The houses opposite are similar but the new proposed house is to be 1.75 storey with upper storey windows. It is noted from the supporting statement that this design is ‘typical of recent approvals in nearby locations’ but I’m unclear as to whether this is referring to recent approvals within this same building group or elsewhere. As far as I can see from streetview, and the plans of the most recently approved houses to the northern end of the building group, there appears to be little in the way of upper storey windows and in that sense the overall appearance of the proposed house would appear to differ somewhat from the character of the existing houses. The proposal includes the full extent of the gap between existing houses. Overall, therefore, whilst I have some concerns about the scale and design the main issue is the plot size and siting of the house within the plot. I would have preferred to see the house sitting closer to the road similar to that of existing houses within the building group, with the garage to the rear instead, preferably keeping the buildings within the existing rear boundary line although I would be more relaxed about the garden ground extending further out. I appreciate that the proposed new buildings have been positioned within the footprint of the existing buildings, but this would only be a requirement if the proposal was being assessed against category 5. Alternative positioning as suggested above would in my view be a much better fit with category 2 of the SG. For completeness, if the proposal were to be assessed against category 1 Building Groups, I consider that the same comments would apply given the requirement under this category for new housing to respect the character, scale and form of the existing group, and to be integrated into the existing layout and building pattern. Recommended planning condition(s) Recommended informative(s) for applicant Date comments returned 9/2/22 98