Item 4(iii) LRB-2022-28
Perth and Kinross Council · 20 September 2022
Back to Local Review Body — 20 September 2022 and its agenda
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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) 367
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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 369
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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 385
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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 386
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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) 387
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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 388
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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. 389
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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 01 02 03 04 390
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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) 423
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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) 425
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