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Item 4(iii) LRB-2022-28

Perth and Kinross Council · 20 September 2022
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4(iii)
LRB-2022-28
LRB-2022-28
22/00284/FLL – Change of use from ancillary
accommodation unit to dwellinghouse, 19 Main Street,
Almondbank
INDEX
(a) Papers submitted by the Applicant (Pages 369-422)
(b) Decision Notice (Pages 383-384)
Report of Handling (Pages 385-390)
Reference Documents (Pages 399-411)
(c) Representations (Pages 417-422)
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4(iii)(a)
LRB-2022-28
LRB-2022-28
22/00284/FLL – Change of use from ancillary
accommodation unit to dwellinghouse, 19 Main Street,
Almondbank
PAPERS SUBMITTED
BY THE
APPLICANT
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REPORT OF HANDLING 
DELEGATED REPORT 
Ref No 22/00284/FLL
Ward No P5- Strathtay
Due Determination Date 17th April 2022 
Draft Report Date 24th February 2022
Report Issued by JHR Date 22.03.2022 
PROPOSAL:  Change of use from ancillary accommodation unit to
dwellinghouse    
LOCATION:  19 Main Street Almondbank Perth PH1 3NJ 
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.  
BACKGROUND AND DESCRIPTION OF PROPOSAL  
This application seeks to change the use of ancillary accommodation at 19 Main Street
Almondbank to a dwelling house. The existing ancillary accommodation is located
within the curtilage of a two storey Victorian building, which fronts the east side of Main
Street Almondbank. 
The ancillary accommodation was approved under application 05/01881/FUL. This
included condition 4 which stipulated the following:-  
Condition 4:- The proposed unit shall only be occupied together with the existing
building by a single or extended family unit, to the satisfaction of the Planning Authority,
and at no time shall it be occupied as a separate dwellinghouse.  
This followed an earlier application (05/00473/FUL) for a dwelling house that was
refused for the following reasons:-  
The site is incapable of providing a satisfactory residential environment, due to
overlooking from adjacent property, and would increase demand for on-street parking to
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the detriment of village amenity. Approval would therefore be contrary to Policy 71 of
the Perth Area Local Plan1995 Incorporating Alteration No1 Housing Land 2000.  
An application was submitted in 2021 to change of use from ancillary accommodation
unit to dwellinghouse which was refused. 
This application is a resubmission, it includes a supporting planning statement which
seeks to overcome the reasons for refusal associated with the 2021 submission.  
SITE HISTORY  
05/00473/FUL Erection of a dwellinghouse 2 June 2005 Application Refused  
05/01881/FUL Erection of a dwellinghouse (Resubmission 05/00473/FUL) 24
November 2005 Application Approved  
21/01444/FLL Change of use from ancillary accommodation unit to dwellinghouse
19 November 2021 Application Refused  
PRE-APPLICATION CONSULTATION  
Pre application Reference: None  
NATIONAL POLICY AND GUIDANCE  
The Scottish Government expresses its planning policies through The National
Planning Framework, the Scottish Planning Policy (SPP), Planning Advice Notes
(PAN), Creating Places, Designing Streets, National Roads Development Guide and a
series of Circulars.    
DEVELOPMENT PLAN  
The Development Plan for the area comprises the TAYplan Strategic Development
Plan 2016-2036 and the Perth and Kinross Local Development Plan 2 (2019).  
TAYplan Strategic Development Plan 2016 – 2036 - Approved October 2017  
Whilst there are no specific policies or strategies directly relevant to this proposal the
overall vision of the TAYplan should be noted.  The vision states “By 2036 the TAYplan
area will be sustainable, more attractive, competitive and vibrant without creating an
unacceptable burden on our planet. The quality of life will make it a place of first choice
where more people choose to live, work, study and visit, and where businesses choose
to invest and create jobs.”  
Perth and Kinross Local Development Plan 2 – Adopted November 2019  
The Local Development Plan 2 (LDP2) is the most recent statement of Council policy
and is augmented by Supplementary Guidance.
The principal policies are:  
Policy 1A: Placemaking    
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Policy 1B: Placemaking    
Policy 5: Infrastructure Contributions    
Policy 6: Settlement Boundaries    
Policy 17: Residential Areas    
Policy 60B: Transport Standards and Accessibility Requirements: New Development
Proposals  
OTHER POLICIES  
Draft Ancillary and Annex Accommodation 2021 Supplementary Guidance  
CONSULTATION  RESPONSES  
Scottish Water – No objection.  
Transport Planning – No objection.  
Development Contributions Officer – No objection.  
REPRESENTATIONS  
None  
ADDITIONAL STATEMENTS  
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not Required
Appropriate Assessment Habitats Regulations AA Not
Required
Design Statement or Design and Access
Statement
Not Required
Report on Impact or Potential Impact eg Flood
Risk Assessment
Submitted  
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)
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(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  
This site is located within the settlement boundary of Almondbank, Policy 6. Where
Policy 17 of the adopted Local Development Plan 2 applies. 
This recognises that residential development within existing settlements can often make
a useful contribution to the supply of housing land but acknowledges the potential
conflicts new development can have within the existing built environment. Proposals will
be encouraged where they satisfy the criteria set out in the policy in particular criteria a)
Infill residential development at a density which represents the most efficient use of the
site while respecting its environs and c) proposals which will improve the character and
environment of the area.  
Policies P1A and P1B Placemaking are also of relevance.  These policies require
proposals to contribute positively to the surrounding built and natural environment and
to respect the character and amenity of the place. 
Policy 60 B seeks safe access, egress and appropriate car parking  
Design and Layout  
The placemaking policies confirm that development must contribute positively to the
quality of the surrounding built and natural environment. All development should be
planned and designed with reference to climate change, mitigation and adaptation.  
The historic application for a dwelling on the site was refused as it was considered that
the site was incapable of providing a satisfactory residential environment and would
increase on-street parking to the detriment of village amenity. These concerns still re-
emerge with this proposal. 
The planning supporting statement from Bidwells places weight on the fact that there is
an existing building in situ however there is a difference between the use of the building
as ancillary accommodation and an unrestricted dwelling house that has placemaking
implications that are discussed in greater detail below.  
Residential Amenity  
The proposed site redline boundary and use of the ancillary as detached dwelling does
not respect the density and siting or character and amenity of place. The plot is
constrained and only provides 48 sqm (approx) of rear garden for the two-bedroom
property. This is less garden ground than the refused 2005 application (05/00473/FUL). 
The supporting statement suggests that the use of the parking area at the front could
be utilised to extend the private amenity/garden space (option 1). However, the
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placemaking SPG, page 21 confirms that front gardens do not constitute private garden
space, this option would still fail to meet the placemaking SPG. Additionally, this option
with no off-street parking for the dwelling would add pressure to on street parking,
which a certain times can be at a premium..  
The planning report discusses the potential extension to the garden ground (option 2)
however this is not conveyed in the submitted plans. 
Based on the submission the occupation of the property as a standalone dwelling
house will also result in overlooking from bedroom #2 and the dining/lounge with
associated balcony to the garden ground retained by the host residential unit which is
only 4.6m from the rear elevation. Due to the topography dropping towards the River
Almond the erection of privacy screening would do little to alleviate this concern.  
Roads and Access  
Policy 60B: Transport Standards and Accessibility Requirements refers to the National
Roads Development Guide. This includes information on parking standards and usually
seeks two car parking spaces per dwelling. 
It is noted that the approval of the ancillary accommodation under application
05/01881/FUL was accepted on the basis that two car parking spaces would be
provided for the host dwelling and ancillary accommodation. 
The supporting statement confirms that there is a driveway associated with the host
dwelling however this is not illustrated in the supporting plans. If off street parking can
be maintained for the host dwelling as well as the proposed dwelling then this would
comply with Policy 60B: Transport Standards and Accessibility Requirements as well as
the parking requirements specified in the National Roads Development Guide.  
Drainage and Flooding  
The site is not in an area subject to river flooding. Existing foul and surface water would
be utilised.  
Developer Contributions  
The property has consent as ancillary accommodation (05/01881/FUL) which pre-dates
the Developer Contributions policy for Primary Education and Transport Infrastructure.
No comments to make on this proposal in terms of the Developer Contributions and
Affordable Housing Supplementary Guidance.  
Economic Impact  
The economic impact of the proposal is likely to be minimal.  
VARIATION OF APPLICATION UNDER SECTION 32A 
This application was not varied prior to determination.    
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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 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 proposal has not demonstrated that the change of use from ancillary
accommodation to a dwelling can contribute positively to the quality of the
surrounding built and natural environment taking account of density and siting.
The plot ratio does not respect the character and amenity of place accordingly
the proposal is contrary to Placemaking Policy 1A and Policy 1B of the Perth and
Kinross Local Development Plan 2 (2019).  
2 The proposal is contrary to Policy 17: Residential Areas of the Perth and Kinross
Local Development Plan 2 (2109) which seeks to ensure that development is
compatible with the amenity and character of the area. It has not been
demonstrated that the change of use to a dwellinghouse can be accommodated
on the site while respecting its environs or improve the character and
environment of the due to the lack of garden ground and overlooking to
neighbouring/host property.  
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  
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4(iii)(b)
LRB-2022-28
LRB-2022-28
22/00284/FLL – Change of use from ancillary
accommodation unit to dwellinghouse, 19 Main Street,
Almondbank
PLANNING DECISION NOTICE (included in
applicant’s submission, pages 383-384)
REPORT OF HANDLING (included in applicant’s
submission, pages 385-390)
REFERENCE DOCUMENTS (included in applicant’s
submission, pages 399-411)
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4(iii)(c)
LRB-2022-28
LRB-2022-28
22/00284/FLL – Change of use from ancillary
accommodation unit to dwellinghouse, 19 Main Street,
Almondbank
REPRESENTATIONS
(included in applicant’s submission, pages 417-422)
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