Item 4(iv) LRB-2022-29
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(iv) LRB-2022-29 LRB-2022-29 21/02017/FLL – Erection of a fence, 1 Commander’s Grove, Braco, Dunblane INDEX (a) Papers submitted by the Applicant (Pages 429-460) (b) Decision Notice (Pages 463-464) Report of Handling (Pages 465-470) Reference Documents (Pages 439-443 and 471) (c) Representations (Page 459) 427
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4(iv)(a) LRB-2022-29 LRB-2022-29 21/02017/FLL – Erection of a fence, 1 Commander’s Grove, Braco, Dunblane PAPERS SUBMITTED BY THE APPLICANT 429
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Notice of Review Page 1 of 4 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) Name Address Postcode Contact Telephone 1 Contact Telephone 2 Fax No E-mail* 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: * Do you agree to correspondence regarding your review being sent by e-mail? Yes No Planning authority Planning authority’s application reference number Site address Description of proposed development Date of application Date of decision (if any) 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. JOANNE MCKAY MR I WALLACE FK15 9HX 23 STRATHMORE AVENUE DUNBLANE 1 COMMANDERS GROVE BRACO FK15 9PL 01786 822594 iancwallace2@aol.com PERTH AND KINROSS COUNCIL 21/02017/FLL 1 COMMANDERS GROVE, BRACO, FK15 9PL REMOVAL OF EXISTING 1.8 METRE FENCE AND REINSTATEMENT CLOSER TO BOUNDARY OF GARDEN 6 JANUARY 2022 29 MARCH 2022 431
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Notice of Review Page 2 of 4 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: Site inspection In the event that the Local Review Body decides to inspect the review site, in your opinion: 1. Can the site be viewed entirely from public land? Yes No 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: Recent photos submitted as we are now in growing season Photos of other fences/hedges in the area 432
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Notice of Review Page 3 of 4 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. Have you raised any matters which were not before the appointed officer at the time the determination on your application was made? Yes No 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. Attached 433
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Notice of Review Page 4 of 4 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. Note. The planning authority will make a copy of the notice of review, the review documents and any notice of the procedure of the review available for inspection at an office of the planning authority until such time as the review is determined. It may also be available on the planning authority website. Checklist Please mark the appropriate boxes to confirm you have provided all supporting documents and evidence relevant to your review: Full completion of all parts of this form Statement of your reasons for requiring a review All documents, materials and evidence which you intend to rely on (e.g. plans and drawings or other documents) which are now the subject of this review. Note. Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice from that earlier consent. Declaration I the applicant/agent [delete as appropriate] hereby serve notice on the planning authority to review the application as set out on this form and in the supporting documents. Signed Date Supporting Statement Existing site plan Location plan Proposed site plan Photos - Existing garden area 1,2,3 Fence pulled down Various photos showing 6 foot fences or high hedges up to centre of Braco Similiar idea to what we have planned for shrubbery area at corner J McKay 8/6/2022 434
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We feel we have been treated unfairly in respect of the decision to refuse to allow us to move our fence. - There is an existing 6 foot fence joining a feature wall. Out with this there is an area of garden ground which forms part of our plot. 30 years ago it was designated as a visibility splay but as the surrounding landscape has matured it no longer functions as a visibility splay. Before we applied for planning permission we asked for a site visit from roads and transport, they agreed that it no longer worked as a visibility splay and agreed we could put up a 6 foot fence enclosing our garden. We suggested lowering it on the approach to the corner and the officer agreed with this. The official plans were also forwarded to another officer in roads and transport who also approved them. - We have been advised we are removing open space from the community of Braco. Across the road from our house is open space for miles. We are at the very edge of Braco, we have fields behind us and fields/walks across the road. This is not a communal area, it is our garden. Every house apart from 1 up until the centre of Braco has either a 6 foot fence or a hedge greater than 6 foot. We have opted for a fence as it provides instant security. - Our plans have to benefit the community of Braco. Surely an area of shrubbery providing year round colour benefits the community, it looks like waste ground at the moment. We planned to use evergreen shrubs where possible with a mixture of flowering and non flowering shrubs. The area will be laid out with gravel to allow for easier maintenance. - The new fence will replace the existing 6 foot fence but moved to our boundary and initially we planned to remove part of the feature wall but we have decided to keep it as a feature and reduce the height of the fence at this area accordingly. We will use climbers to add colour to the fence eg wisteria, clematis, honeysuckle - Our garden has to mirror that of no. 2 – each house in this street is different and each garden is different, that’s what gives the street its appeal. Why should we be made to copy our neighbours garden plans. What if he redesigns his garden, do we need to change ours? - Existing fence is of poor design and does not provide privacy nor does it help with road noise reduction. The new fence would be a double layer fence therefore providing us with security for items within our garden, privacy and hopefully helping reduce road noise. - People walk over this ground as it doesn’t look like part of our garden as it stands. Due to the design it is always going to look like this and cannot be incorporated into our garden without removing the existing fence and moving it. - Our boundary fence at the rear of our garden has been pulled down and according to a local woman this happens regularly by people trying to access a wooded area 435
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behind us. There is now a new path which does not involve people walking over our garden but the fence has recently been pulled down again. - Dogs foul in this area and not all owners clear up after their dogs. We have found broken glass on the ground and regularly have to go out and pick up litter. It is a very difficult area to maintain as it is not enclosed in our garden so in the growing season it looks untidy as the weeds are difficult to control as spores blow over from the fields and land in this open area. Our plans would make this area a nice area for people walking by but also with a boundary fence/hedge make them aware that it is our garden. - We need to provide a secure area for our dog as at the moment we have temporary barricades up using planks of wood and bins etc. He has already escaped once but luckily did not get onto the road. Should we decide to rescue another dog in the future a 6 foot fence enclosing the garden is generally one of the conditions for adoption. - We have discussed the plans with our neighbours and all are keen for this proposal to go ahead in respect of the shrubbery area on the corner and hopefully a reduction in road noise for the neighbours on our side of the road when the new fence is in position. - Street lighting carried out a site visit and confirmed that cabling ran round the pavement not through our property at any point. - We are keen to have a site visit to discuss this if necessary and verify that our plans would benefit the community and us. We requested a site visit to discuss our plans but this was ignored. We also applied for pre planning but were advised that it was straight forward with no issues and to go ahead and apply for planning permission. Our money was refunded to us at that point as there were no issues. I submitted my own plans/photos but these were not validated so we contacted an architect. Our architect contacted planning to enquire what information they wanted and was advised on the phone that there would be no issues and should be straight forward but as I had submitted my own plans/photos they would like official plans drawn up. As a keen gardener this property was purchased with a view to enhancing an already established garden but feel now we are compromised on our future plans for the garden. We have already bought several plants/shrubs and I have been bringing some shrubs on from seeds collected from my last house to plant here. This garden area cannot be planted up as a shrubbery area in its current state as it is open ground and dogs will continue to wander over it and urinating on the plants therefore killing them. People and children will continue to wander through the area if it is not enclosed. I bring a lot of plants on from seed/seedlings and these need time to mature without being disturbed. I have a deep passion for gardening and people passing by our last house would often stop and admire our garden. Our plans can only benefit the wider community. 436
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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.” In regards to the above statement it states that it’s not relevant to our situation yet this was included as a reason for refusal. What about our quality of life! Surely we are as deserving as every other person to an attractive secure garden where we can relax and enjoy life. We believe that our plans improve this area, not erode or negatively impact the surrounding area and we are finding it hard to believe that planning feel we are negatively impacting the village. It seems strange that we see new houses being built all over Perthshire with 6 foot fences yet we are not allowed to move an existing 6 foot fence to our boundary. We followed all the rules regarding this planning re contacting all the relevant departments including speaking to roads before we even approached planning yet I see 6 foot fences bordering main roads everywhere but we are not allowed. Many thanks for taking the time to review this. 437
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438
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NORTH 439
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A822 440
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NORTH FACING EAST FACING 441
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442
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NORTH 443
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444
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Existing Garden Ground 445
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Fence Pulled Down 446
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447
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Open Area Across the Road 448
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Shrubbery area to look similar to this 449
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451
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Comments to the Development Quality Manager on a Planning Application Planning Application ref. 21/02017/FLL Comments provided by Lachlan MacLean Project Officer – Transport Planning Service/Section Transport Planning Contact Details TransportPlanning@pkc.gov.uk Description of Proposal Erection of a fence Address of site 1 Commander's Grove, Braco, Dunblane, FK15 9PL Comments on the proposal The applicant is proposing to erect a fence at 1 Commander’s Grove. The fence is proposed to be sent back at 300 mm from the edge of the footway, with a recess for the street name plate. The fence will be in two different styles, with the 1.8 metre height fence having vertical timbers and the 1.2 metre fence having horizontal timbers. The position of the street lighting cable may need to be relocated for the foundations of the fence and contact should be made with the Streetlighting Partnership prior to works commencing, to confirm the location of their plant. Insofar as the Roads matters are concerned, I have no objections to this proposal. Recommended planning condition(s) Recommended informative(s) for applicant The applicant is advised to contact the Street Lighting Partnership to obtain the locations of plant. Contact Perth & Kinross Council Street Lighting Department for further details. Contact Mark Gorrie at Perth & Kinross Council Street Lighting Department for further details. Date comments returned 23 February 2022 459
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460
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4(iv)(b) LRB-2022-29 LRB-2022-29 21/02017/FLL – Erection of a fence, 1 Commander’s Grove, Braco, Dunblane PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS (part included in applicant’s submission, pages 439-443) 461
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463
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465
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466
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467
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468
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469
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470
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471
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472
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4(iv)(c) LRB-2022-29 LRB-2022-29 21/02017/FLL – Erection of a fence, 1 Commander’s Grove, Braco, Dunblane REPRESENTATIONS (included in applicant’s submission, page 459) 473
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474