Item 4(v) LRB-2022-31
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(v) LRB-2022-31 LRB-2022-31 21/02069/FLL – Erection of 7 dwellinghouses, garage, formation of landscaping and associated works, land 480 metres south east of 4 Pitfar Steadings, Powmill INDEX (a) Papers submitted by the Applicant (Pages 477-552) (b) Decision Notice (Pages 555-556) Report of Handling (Pages 530-540) Reference Documents (Pages 489-518 and 541-552) (c) Representations (Pages 557-600) 475
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4(v)(a) LRB-2022-31 LRB-2022-31 21/02069/FLL – Erection of 7 dwellinghouses, garage, formation of landscaping and associated works, land 480 metres south east of 4 Pitfar Steadings, Powmill PAPERS SUBMITTED BY THE APPLICANT 477
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Page 1 of 5 Pullar House 35 Kinnoull Street Perth PH1 5GD Tel: 01738 475300 Fax: 01738 475310 Email: onlineapps@pkc.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100577365-001 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity A.S Associates ltd Alison Arthur High Street 85 01337 840 088 KY14 6DA Fife Newburgh info@asassociatesltd.co.uk 479
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Page 2 of 5 Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Mr Tam Perth and Kinross Council Carroll Powmill Barnhill Farm FK14 7NS Scotland 696176 Dollar 301152 sam@asassociatesltd.co.uk 480
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Page 3 of 5 Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. 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 the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) Erection of 7 dwellinghouses, garage, formation of landscaping and associated works Please refer to attached Statement of Reasons for Seeking Review 481
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Page 4 of 5 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. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * 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. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may select more than one option if you wish the review to be a combination of procedures. Please select a further procedure * Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it will deal with? (Max 500 characters) In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No If there are reasons why you think the local Review Body would be unable to undertake an unaccompanied site inspection, please explain here. (Max 500 characters) Statement of Reasons for Seeking Review, Planning and Design Statement (October 2021) previously submitted with planning application. 21/02069/FLL 22/03/2022 By means of inspection of the land to which the review relates 18/11/2021 A site visit will enable the members of the Local Review Body to properly understand and appreciate the existing status of the farm steading area in relation to the submitted proposal. 482
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Page 5 of 5 Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: 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. 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. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) 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 (if any) from the earlier consent. Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mrs Alison Arthur Declaration Date: 21/06/2022 483
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1 Perth & Kinross Council Local Review Body Statement of Reasons for Seeking Review 21 June 2022 Application 21/02069/FLL Erection of 7 dwellinghouses, garage, formation of landscaping and associated works Land 480 Metres South East of No. 4 Pitfar Steadings Powmill (Barnhill Farm) Introduction This statement is prepared on behalf of Mr Tam Carroll (the applicant) who is seeking planning permission for the redevelopment of land and buildings at Barnhill Farm, Powmill. With respect, we ask the members of the Local Review Body to consider the following points favourably in their assessment of the proposal. We also believe that a site visit by members will be invaluable in informing their assessment of the proposal. • The farm steading is no longer in agricultural use, with disused buildings and contaminated, brownfield land. It provides an ideal opportunity for a modestly sized rural housing proposal to enable the environmental improvement of the site and re-use of redundant buildings. • Mr Carroll formerly operated his mental health charity for ex-military personnel, Warrior Ranch, from the site, with both buildings and land used for equestrian purposes. However, the centre could not operate during the Covid-19 pandemic and ultimately this led to the facility closing due to the heavy financial burden of caring for the horses, with no income. Mr Carroll is unable to restore the operation of the charity, has experienced financial difficulties through the closure of Warrior Ranch and is now seeking an alternative use for the steading. • Mr Carroll believes that his proposal merits approval and that the assessment contained in the Report of Handling fails to identify the opportunity in the proposal, compliant with Council policy and guidance, to enable good rural development. Instead, it appears that the assessment seeks out reasons to refuse the application, interpreting the situation in a wholly inflexible manner. 485
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2 • We strongly contend that the proposal can gain support from Policy 19 Housing in the Countryside and the associated Supplementary Guidance. The previously submitted Planning and Design Statement (in Section 6.0) provides a detailed justification, setting out how we believe that each part of the proposal complies with policy and guidance. With respect, we ask that the members of the Local Review Body refer to this for the full background to the proposal. • We understand that this proposal is not straightforward, not clearly fitting into only one of the policy categories. However, we believe that the decision-making process is about making a balanced judgement on the overall merits of a proposal, looking beyond rigid compliance with each of the individual policy criteria and taking a view on how a proposal meets with the ‘spirit’ of the policy: its aims and objectives. • We contend that this proposal gains support from the key Council policies. We highlight the following statements from the Council’s Housing in the Countryside policy and guidance. We believe that Mr Carroll’s proposal meets with these aims: • ‘Local Development Plan 2 Policy 19: Housing in the Countryside aims to: safeguard the character of the countryside; support the viability of communities; meet development needs in appropriate locations; and ensure that high standards of siting and design are achieved.’ (from Introduction to the Housing in the Countryside Supplementary Guidance -pg. 3) • ‘Development must contribute positively to the quality of the surrounding built and natural environment’. (from overarching Policy 1: Placemaking) • The Report of Handling raises no concerns with the design and layout of the proposal, nor with residential amenity or landscape impact, subject to appropriate planting. The applicant is content to upgrade the private access track as required and to make the required contributions to affordable housing and primary education. Response to Reasons for Refusal Reason for Refusal 1: The proposal is contrary to Policy 19 Housing in the Countryside of the Perth and Kinross Local Development Plan 2 (2019) and the associated Housing in the Countryside Supplementary Guidance (March 2020) as it does not meet any of the criteria within the categories: 1) Building Groups, 2) Infill sites, 3) New houses in the open countryside, 4) Renovation or replacement of houses, 5) Conversion or replacement of redundant non-domestic buildings and 6) Development on rural brownfield land. • We believe it is unreasonable to conclude that the proposal, in terms of Policy 19, meets none of the criteria within the categories set out in the policy. The assessment has been overly rigid and has looked strictly at the specific category criteria rather than having an overview of the integrated elements of the steading. It lacks a common-sense approach to the need for redevelopment of the redundant farm steading. 486
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3 • The farm has been marketed for more than one year (as required by the guidance) and no buyer found. With no future agricultural or rural business use, the existing buildings/structures will fall into greater disrepair and the remains of the former buildings (assessed as contaminated land) will continue to prevent any beneficial use of the site. The applicant will provide the Local Review Body with evidence of marketing and of contaminated land status should this be requested. • This proposal for dwellinghouses provides an opportunity to make good use of a redundant site, bringing with it environmental benefit. Policy 19 refers to redundant buildings as providing a resource from a sustainability point of view with potential for reuse to ‘help meet present and future rural housing needs.’ The assessment in the Report of Handling is that Barnhill Farm does not comprise a ‘building group’. The farm steading, its component agricultural and residential buildings/structures, clearly fall within the definition of a Building Group (category 1) and that extension of the group is therefore appropriate. In terms of the detail: o The two substantial two storey semi-detached dwellinghouses should be counted as two buildings: each is equivalent in size to a ‘traditional cottage’, as referred to in the guidance. The fact that they are joined should not be a consideration. This interpretation would mean that where there is lengthy terrace of cottages, for example, a building group would not be able to be identified. o The redundant stable should be counted as a building within the group: suitable for conversion to residential in terms of category 5, as stated in the Report of Handling. It is equivalent in size to a small traditional cottage. o The silage pit is a substantial concrete-built walled structure which is redundant and where there is no prospect of its future use as a silage pit or any other agricultural or rural business use. It is derelict and unattractive and provides an ideal structure within which to form a new dwellinghouse, providing a sustainable reuse of materials and land and visual and environmental improvement. It is reasonable to consider it as a building within the Barnhill Farm group. • The stable block gains support from the policy, as the conversion of a redundant non-domestic building (category 5). The Report of Handling states support for its conversion. The existing building is of a scale similar to a small farm cottage, with the proposal retaining the form of this existing building, with additional accommodation provided in a modestly scaled extension. The stable building is redundant and was marketed, as part of the overall steading, for more than 1 year. • The proposal gains support from the policy in terms of development on rural brownfield land. The site contains extensive areas of concrete foundations of former buildings. The guidance indicates support on cleared sites significantly degraded by former use and where redevelopment for housing is the only viable 487
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4 means to remediate the site. The applicant’s consultant engineer has confirmed that formal remediation of the site would be needed before it could be brought into any beneficial use. The applicant will provide the engineer’s opinion should this be required. Reason for Refusal 2: The proposal is contrary to Policy 41 Biodiversity as no ecological survey of the proposed development area or assessment of the likely effects from this development on habitats and species was submitted. • The case officer did not request additional information, in the form of an ecological survey, to enable the assessment of the proposal. We understand that this was because the application was recommended for refusal in terms of other issues. We appreciate this consideration, in view of the time/cost involved in carrying out a survey. The applicant’s informal advice is that the proposal can be achieved without any adverse effect on protected species or habitats. The proposal would include landscaping and planting to enhance the biodiversity of the site. The applicant is agreeable to providing an ecological survey should this be requested. Reason for Refusal 3: The proposal is contrary to Policy 1A Placemaking as the proposals so (sic) not incorporate appropriate landscaping and planting works for the scale and nature of the development proposed. • The case officer did not request a detailed landscaping plan and we believe that appropriate detailed proposals for landscaping and planting can be achieved through a condition attached to consent. The Report of Handling’s assessment of ‘landscape/visual amenity’ only states that the development would have ‘visual impact’, common to any built development. It does not conclude that the proposal would have any unacceptable impact. In this case we believe that it is unreasonable to refuse the application for reason that it does not include a sufficient proposal for landscaping and planting works. These aspects can be adequately dealt with by condition or should the Local Review Body wish, the applicant can provide further details at this time. Conclusion • With respect, Mr Carroll seeks the Local Review Body’s approval of his application. Barnhill Farm is redundant for agricultural use and there has been no interest in it for any new rural business use, following a lengthy period of marketing. The redevelopment of the Farm fits with the aim and objectives of the Council’s policy for achieving well located housing in the countryside. • The Farm buildings will only continue towards dereliction if a beneficial new use cannot be found. The extensive areas of concrete base require costly remediation. • The Report of Handling finds no cause for concern with the design, layout or amenity of the proposal. The points regarding access track upgrading and the provision of an ecological survey and landscaping plan can all be readily addressed by the applicant. 488
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Planning and Design Statem ent Application for Planning Perm ission Proposed residential developm ent at Barnhill Farm , Powm ill (7 units) Mr Tam Carroll October 2021 489
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3164_Carroll 1.0 Introduction 2.0 Site Context and Description 3.0 Planning History 4.0 Proposal and Design Considerations 5.0 Planning Assessm ent— Introduction 6.0 Planning Assessm ent— Principle of Developm ent 7.0 Planning Assessm ent— Detailed Policies 8.0 Conclusion Contents 490
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3164_Carroll 1.1 This statement has been prepared for Mr Carroll to assist with the Council’s assessment of his proposal for residential development on land at Barnhill Farm, Powmill. 1.2 There has been no farming business associated with the land and buildings for some time and its most recent use was as the base for W arrior Ranch Scotland, a registered charity. Much of the farm steading can now be considered as brownfield land. Two dwellinghouses (semi-detached) are also part of the Barnhill Farm building group (lying out with the application site). 1.3 The applicant purchased Barnhill Farm in June 2017 specifically to start W arrior Ranch Scotland. The charity offered a wellbeing ‘hub’ for (ex) Service and Military Personnel using animals as a means of therapy to help those suffering from the effects of PTSD and complex trauma. The applicant ran successful on-site courses centred around animal management and equine facilitated human development in conjunction with mental health charities. 1.4 W arrior Ranch Scotland ran successfully until early 2020 but as a result of the Covid pandemic has been unable to operate. Consequently, the Charity has now ceased operating due to the financial costs of running the farm and the ongoing care of the animals. The Charity relied, financially, on a mixture of fundraising and income from the courses being run on site with the animals. Due to the pandemic these courses were impossible to run over the last 16 months and the applicant had no choice but to close the Charity in early Summer 2021. The animals have now all been rehomed. The applicant is no longer in a financial position to be able to re-establish the charity and is now looking to find alternative potential for the redundant steading area at Barnhill Farm through re-development for residential use. 1.0 Introduction Screenshots from the Charity’s W ebsite W arrior Ranch Scotland www.warriorranchscotland.co.uk 491
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3164_Carroll
2.1
The application site, approx. 0.77ha, is located approximately 2.0 km
to the south of Powmill, near Kinross. The site is accessed from
the A977
(Kincardine—
St. Andrews) via a minor road loop, the U223, between the
junction near Gartwhinzean via Craigend and Pitfar and the junction at
W
hitegates Farm. The site is located 1km
to the south of the U223, accessed
by a track, which also forms part of the core path network (FSW
Y/117).
The site is surrounded by approx. 16ha of land in the ownership of the
applicant.
2.2
Barnhill Farm
has not been used as a working farm
unit since the
applicant took over the site in 2017. The former farm
steading
was partly
removed, by necessity, as some buildings were ruinous and beyond
reasonable repair and collapsed just prior to the applicant taking control of
Barnhill Farm. The applicant had to remove the remains of the buildings in
order to safely utilise the site for his Charity work (see details in 1.0). There
are 3 buildings remaining from
the farm
steading (a modern portal frame
shed and traditionally constructed stable building, both partly upgraded by
the applicant and a disused silage pit.
2.3
The two dwellinghouses (two storey, semi-detached) are located
adjacent to the north east side of the steading area. There is now
a
significant area of brownfield land where former buildings once stood,
including concrete foundations and the base and retaining walls of a former
silage pit. Remediation of the site is required before any future use can be
achieved.
2.4
Barnhill Farm
lies in an area of undulating topography with higher
land rising further to the south and east. The area has considerable mining
history with the site lying only within the Coal Authority Coal Mining
Reporting Area although not within the Development High Risk Area.
2.0
Site Context and Description
Kincardine Bridge
Kinross
2.5
The surrounding area is a significant Forestry Commission
landholding and is now
widely planted with areas of commercial forestry.
These are interspersed with areas of existing native woodland of various
types. A
new
forest road has been constructed nearby the site, running to
its south and west, and is intended as an access to further new
planting
surrounding the application site.
2.6
The applicant’s land, surrounding the site, is not prime agricultural
land, being class 4.2, suited to grazing and 3.2, capable of average
production and where grass leys are common.
('Soil Survey of Scotland
Staff (1984-87). Land Capability for Agriculture maps of Scotland at a scale
of 1:50 000. Macaulay Institute for Soil Research, Aberdeen'.
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3164_Carroll 2.0 Site Context and Description Application Site Pitfar Steadings currently being developed Gartwhinzean Loan A977 to Blairingone Main access track from Barnhill Farm Former Building now removed Former Building - now removed Former silage pit Former Caravans Located on the site Location of former building Barn upgraded by applicant Former stables upgraded by applicant W alls of former agricultural building Building group formed at Barnhill 2 Semi- detached dwellinghouses 493
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3164_Carroll 2.0 Site Context and Description Buildings form erly located on the site at Barnhill Farm Buildings now removed Application Site Application Site Building now removed Buildings now removed Building upgraded Building upgraded Application Site 494
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3164_Carroll View from Milk Bar car park/access— W boundary of site. Paddock 1 1 1 1 2.0 Site Context and Description 4 Existing 2no. houses and parking area 5 Former silage building 6 Former horse riding arena 3 4 6 1 1 Existing agricultural storage building/ stables, remains of silo building and concrete floors of former buildings on the site. 2 Vehicular access in and out of site 3 Former stable/store shed 2 5 1 2 1 3 5 4 6 Visual Site Context & Surroundings 495
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3164_Carroll 1 2 Photographs of the Planning Application Site - comprising a concrete base of a former silo/agricultural building and an existing barn Site Viewpoints 1 1 1 1 2 2 2 2 2 2.0 Site Description and Context Viewpoints 496
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3164_Carroll 3.1 There have been a number of planning applications proposed on the land at Barnhilll Farm over recent years. These can be described as follows: • 09/00077/FLL - 2009 - Approved. Demolition of existing buildings and erection of 6 dwellinghouses. This application was approved, in line with the officer recommendation, by the Council’s Development Control Committee in August 2009. The application contained a revised proposal following an earlier refusal (07/01105/FUL). The reasons for the earlier refusal, visual amenity and access were resolved in the subsequent application. • 17/00512/FLL - 2017 - Refused. Change of use of existing farm buildings to part commercial equestrian use and part caravan storage. W hilst the proposal was considered to be acceptable in principle, the application was ultimately refused as the applicant was unable to finance the formation of passing places required on the existing access road. 3.2 In addition to the above history for Barnhill Farm, planning consent was granted for the redevelopment (demolition and rebuilding) of Pitfar Steading for 6 houses in January 2009, (07/02537/FUL). Pitfar Steading is located just 0.5km to the north west of the application site and is currently being developed. 3.3 Drawing details from the planning applications at Barnhill Farm and Pitfar are included on the following pages. 3.4 The issues raised in the assessment of earlier applications for residential development of the site have been addressed in this current proposal. 3.0 Planning History 09/00077/FLL - 2009 Approval for Residential Development at Barnhill Farm, Powmill 497
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3164_Carroll Pitfar Steading Application Site Application Site Pitfar Steading 3.0 Planning History Pitfar Steading, Powmill - Planning permission was granted for 6 houses on this site just north west of the application site in 2009 and is currently being developed. 498
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3164_Carroll 4.0 Proposal and Design Considerations Site Layout 499
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3164_Carroll 4.0 Proposal and Design Considerations Site Layout with Landscaping Details 500
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3164_Carroll 4.0 Proposal and Design Considerations Exam ple of Design/Materials/Finishes Plot 02 New Build Plot 05 New Build 501
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3164_Carroll 4.0 Proposal and Design Considerations Exam ple of Design/Materials/Finishes Plot 01 Conversion of former Stables Plot 07 Conversion of Silage Pit 502
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3164_Carroll 4.0 Proposal and Design Considerations Introduction 4.1 The site at Barnhill Far, which is largely brownfield, provides an opportunity for sensitive redevelopment. Since the closure of the applicant’s charity, W arrior Ranch Scotland, Barnhill Farm has been disused, excepting the residential use with the two existing semi-detached dwellinghouses. 4.2 There has been no interest in any rural business use associated with the land and buildings and the large area of un-remediated land is a constraint which will be costly in bringing the site into any beneficial use. The applicant’s previous 2017 application for change of use to commercial equestrian and caravan storage highlighted that the financial viability of any project is vital. The Council’s requirement for upgrading of the access road making the commercial equestrian and caravan storage proposal financially unviable. 4.3 The redevelopment of the site for residential use is considered to resolve the issues associated with the site. The proposal will financially enable the remediation of the land and the upgrading of the access track, whilst re-using the redundant existing traditional structures on the site. 4.4 The design rationale aims to re-use the existing traditional structures, and in the new build, to reflect the form and massing of a traditional farm steading, characteristic of the area, and referencing the historic layout of Barnhill Farm steading (see 1866 map on page 26). The overall concept incorporates the existing two semi-detached dwellinghouses. 4.5 The proposal will include the conversion of the former stable (Plot 01), and the former silage pit (Plot 07) and five new detached dwellinghouses (plots 02, 03, 04, 05, 06). Four of the new build units will be four bedroom, with the remaining unit being five bedroom. The two conversions will both be four bedroom. Site Layout 4.6 The proposed conversions, Plot 01 and 07, lie on the east side of the site, to the north and south of the existing dwellinghouses. The west side of the site accommodates five new build detached dwellinghouses, Plots 02— 06, with a layout reflecting a traditional U shaped steading form. 4.7 The layout includes a central landscaped courtyard providing shared recreational space and access, from the north, to all the properties. Car parking is provided adjacent to each property, but outwith the shared courtyard space. The only car parking in this area will be four visitor spaces located to the east side of the courtyard and distanced from the recreational space. Bin storage will also be located within the courtyard. 4.8 Each unit is provided with ample garden ground, providing for private use. The new building units each have an internal garage and additional parking spaces, as does the converted stable (Plot 01). The converted silage pit (Plot 07) has a standalone garage, in addition to parking spaces. Design and Materials 4.9 The massing and design of the proposal is considered to be an appropriate addition in the surrounding countryside; being sensitive to the character of the area and the existing two storey dwellinghouses on the site. 4.10 The new build units to the west side of the steading will form a U shape with elements of various heights, single storey, one and a half storey, and one and three quarter storey. Design elements include wall-head windows and rooflights. The varied massing and different features of the proposed units add interest to the overall layout and design of the Barnhill Farm group. 503
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3164_Carroll 4.0 Proposal and Design Considerations 4.11 The design is contemporary whilst incorporating characteristics of traditional vernacular buildings. A high quality but simple palette of materials and finishes has been proposed, appropriate to the rural character of the area and giving the development an overall design coherence. The wall finishes include smooth white render, grey facing brick basecourse , vertical and horizontal larch cladding and anthracite grey profiled metal wall cladding. Roofing will be anthracite grey profiled metal roof cladding and matching rainwater goods. W indows and doors will be anthracite grey to match. 4.12 The converted stable will include a ground floor extension and the addition of an attic level, both to facilitate accommodating appropriate family living accommodation. Materials and finishes are as the new build units. 4.13 The converted silage pit provides the opportunity for an innovative design solution, fully incorporating its walls into the construction and the features of its construction on sloping land. The main part of the dwellinghouse will be two storey, with a mono pitch roof. W indow openings will be formed at ground floor and first floor level on the south west elevation, with the north east elevation only having glazing at the upper level. A small glazed flat roofed extension will be located on this elevation. The unit will be extensively glazed on its south east elevation to maximise the solar gain benefits of this aspect and the expansive views. Materials and finishes are the same as the other units in the overall development. 4.14 Overall, it is considered that the proposal for this steading development, well designed and with high quality materials and finishes, will sit well in the surrounding landscape with no adverse visual impact. The proposal incorporates the conversion of existing buildings and the redevelopment of land where building either formerly or currently sit. Landscaping 4.15 The existing site only contains a small line of three trees lying between the existing dwellinghouses and the former silage pit. Otherwise it is devoid of tree and shrub cover. The central courtyard will be landscaped with grasses and other planting, appropriate to the microclimate which will be created by the sheltered central area. It is intended that this will provide an opportunity for enhanced biodiversity. Stone walls will be used to bound the central courtyard and adjacent private garden areas. Post and wire fencing is proposed for the external boundaries adjoining the surrounding land. The parking areas will be surfaced with concrete paving setts and other areas adjacent to parking will be laid with gravel chips. Each property will have an area of timber decking. Other Considerations 4.16 Other matters relevant to the proposal, including visual impact, amenity, access and infrastructure are addressed in the following sections of this Statement. 504
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3164_Carroll 5.0 Planning Assessm ent— Introduction 5.1 The Development Plan which applies to this site is the Approved TAYplan Strategic Development Plan 2016— 2036 (2017) and the Adopted Perth & Kinross Local Development Plan2 2019. (LDP2) Perth & Kinross Council’s supplementary guidance is also a consideration in the assessment of this proposal, including the Housing in the Countryside Supplementary Guidance 2020 and Placemaking Supplementary Guidance 2020. 5.2 Scottish Planning Policy 2014 (SPP) reinforces that the Town and Country Planning (Scotland) Act 1977 requires decisions to be made on planning applications in ‘accordance with the development plan unless material considerations indicate otherwise. Proposals that accord with development plans should be considered acceptable in principle and the consideration should focus on the detailed matters arising’. (SPP, para. 32) 5.3 The TAYplan Strategic Development Plan 2013 is the strategic planning framework for the southeast Scotland area and sets out key areas of strategic direction for the preparation of Local Development Plans. Its strategy and policies are relevant to this proposal in several topic areas where its strategic direction is implemented through the strategy, policies and proposals of the Perth & Kinross Local Development Plan 2019. 5.4 In terms of the principle of this proposal TAYplan Policy 1: Location Priorities (C) Outside of Principal Settlements includes that ‘Local Development Plans may also provide for some development in settlements that are not defined as principal settlements (Policy 1A). This is provided that it can be accommodated and supported by the settlement, and in the countryside; that the development genuinely contributes to the outcomes of this Plan; and, it meets specific local needs or does not undermine regeneration of the cities or respective settlement.’ W e contend that this proposal, although with no strategic implications, can gain support from the direction that it gives to Local Development Plan policy. 5.5 The Perth and Kinross Local Development Plan 2: 2019 (LDP2) contains the Council’s policies and proposals to guide its decision making in relation to development and the use of land. The application site is not allocated for development and does not lie within any settlement boundary. The site is therefore ‘countryside’ in terms of relevant policies. The application site does not lie within an area designated for its landscape, natural or built heritage importance. 505
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3164_Carroll 6.0 Planning Assessm ent— Principle of Developm ent A Successful, Sustainable Place 6.1 LDP2 Policy 6: Settlement Boundaries indicates that for a proposal that is on a site outwith a settlement boundary or for a proposal that does not adjoin a settlement boundary, LDP2 Policy 19: Housing in the Countryside will apply. 6.2 LDP2 Policy 19: Housing in the Countryside provides support to proposals for the erection, or creation through conversion, of single houses and small groups of houses in the countryside where they fall within several specified categories. The Housing in the Countryside Supplementary Guidance (2020) provides further assistance in assessing the acceptability of proposals. 6.3 This proposal is submitted as gaining support from several of the criteria attached to this policy, i.e, a combination of: • Category 1— Building Groups - Adding to a Group • Category 5— Conversion or Replacement of Redundant Traditional Non -Domestic Buildings, and • Category 6— Development on Rural Brownfield Land 6.4 The applicant’s justification for the proposal in terms of this policy is set out on the following pages. . Building Group at Barnhill Farm (view from NW ) Category 1— Building Groups - Adding to a Group 506
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3164_Carroll 6.0 Planning Assessm ent— Principle of Developm ent A Successful, Sustainable Place 2 1 3 1 3 2 6.5 The Supplementary Guidance includes the definition of a ‘Group’ as ‘3 or more existing buildings of a size at least equivalent to a traditional cottage and which, when viewed within their landscape setting, appear as a group. The majority of the buildings in the group should be either residential or be suitable for conversion to residential under Category 5 of this guidance.’ (SG page 8) 6.6 Barnhill meets with this definition of a ‘Group’, having 4 separate buildings (5 if semi detached dwellinghouses counted as two buildings). At its centre are the dwellinghouses with the traditionally constructed former stable building lying to the north west, the modern shed to the south west and the former silage pit to the south east. These structures are an obvious group within their landscape setting, associated with the former farm, and characteristic of this rural area. Category 1— Building Groups - Adding to a Group Proposal in context of ‘Group’ Photos illustrating ‘Group’ at Barnhill Farm 507
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3164_Carroll 6.0 Planning Assessm ent— Principle of Developm ent A Successful, Sustainable Place Category 1— Building Groups - Adding to a Group 6.7 LDP2 Policy 19 provides support for the erection of houses, or creation through conversion, of single houses and small groups of houses where an existing ‘Group’ is identified. The Supplementary Guidance includes that permission will be granted for houses within building groups subject to three further criteria. In addition, the permission may be granted for extension of the ‘Group’ into a readily definable adjacent site, subject to the same criteria (extract from Supplementary Guidance opposite). 6.8 The proposal includes: • The conversion of the former stable building and the silage pit to residential use, as supported by Category 5 (see page 17 ). The proposal therefore meets with the guidance in that 3 of the 4 existing buildings will become dwellinghouses. • The extension of the existing building group with the development of a further 5 houses. These will be located on brownfield land, the remaining concrete foundations of former sheds and, in addition, on the site of the existing modern shed proposed to be removed. W e believe that this element of the proposal also gains support from Category 5 and 6 of the LDP2 Policy 19 and the Supplementary Guidance. 6.9 All the proposed new build development will remain within the readily definable site evidenced by the foundations of the former sheds. Garden ground extends to a small extent beyond this footprint. However, this remains within the very identifiable ‘steading’ area which lies on a level area separated by a distinct break of slope from the surrounding land. Extract from Housing in the Countryside Supplementary Guidance 2020 (page 8) 6.10 The proposals to convert the former stable and silage pit include extensions beyond their existing footprints to provide suitable accommodation. Again, these extensions are within the identifiable ‘steading’ area. 6.11 W e believe that this proposal is supported by Category 1 of LDP2 Policy 19, with further support from Categories 5 and 6, demonstrated on the following pages. W e consider that the detailed plans demonstrate that the above three criteria will be met, as referred to in the submitted Design Statement. W e demonstrate the proposal’s compliance with the other detailed policies contained in LDP2 in section 7.0 of this Statement and believe that the criteria are met to achieve ’A Successful, Sustainable Place’, ’A Low Carbon Place’, ’A Natural, Resilient Place’ and ’A Connected Place’, as required by Scottish Planning Policy, LDP2 and the Supplementary Guidance. 508
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3164_Carroll 6.0 Planning Assessm ent— Principle of Developm ent A Successful, Sustainable Place Category 5— Conversion or replacem ent of redundant traditional non-dom estic buildings 1 2 Proposal in context of conversion of existing non- domestic buildings 1 1 2— NW end of silage pit 2 2 2 2 509
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3164_Carroll 6.0 Planning Assessm ent— Principle of Developm ent A Successful, Sustainable Place Category 6 Developm ent on Rural Brownfield Land. 6.12 The SG defines ‘Rural Brownfield Land’ as ‘Derelict land which was at one time occupied by buildings or structures but these have now been removed, or land directly linked to former buildings or structures which has been so damaged by a former use that it cannot be left to naturalise or be reused for another purpose without first being improved’. The guidance indicates support for small scale housing proposals on ‘cleared sites which have been significantly degraded by a former use or activity, and where the redevelopment of the site for housing is the only means by which it is viable to remediate the site’. 6.13 A significant area of the former steading at Barnhill Farm is derelict land which was formerly occupied by buildings/ structures and has been partially ‘cleared’ for several years. The remains include extensive areas of concrete foundations, formerly shed/yard area and the remains of a former silage pit. The applicant has consulted an Engineer who has confirmed, given the site’s former farm use, that formal remediation will be necessary to bring the site into any beneficial use. 6.14 The former use of the farm steading was as the base for the activities related to its former Charity use (W arrior Ranch Scotland) which ceased last year and is no longer viable. There has been no interest in the site for any rural business use and the proposed redevelopment for housing will enable the remediation of the site. It is considered that the proposal is of an appropriate scale, reflecting that of the former steading, and will be sufficiently financial viable to enable the remediation required and the upgrading of access to the site. Proposal in context of ‘brownfield land’ Photos illustrating brownfield land— concrete foundations of former sheds. 510
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3164_Carroll Photographs illustrate existing brownfield condition of site 6.0 Planning Assessm ent— Principle of Developm ent A Successful, Sustainable Place Category 6 Developm ent on Rural Brownfield Land. 511
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3164_Carroll 7.0 Planning Assessm ent— Detailed Policies A Successful, Sustainable Place Placem aking 7.1 LDP2 Policy 1: Placemaking, requires development to contribute positively to the quality of the surrounding built and natural environment, respecting the character and amenity of the place. Compliance with a number of detailed criteria is also required by the policy. LDP2 Policy 2: Design Statements indicates that a statement is required to accompany an application in certain circumstances, including in the case of this application where the proposal is for 5 or more dwellinghouses. The requirements for a Design Statement are addressed in this combined Planning and Design Statement. 7.2 The details of the Supplementary Guidance, the Placemaking Guide 2020 have been used to inform this proposed development and are addressed in the content of the following pages, demonstrating compliance with LDP2 Policy 1: Placemaking. Residential Am enity 7.3 LDP2 Policy 1: Placemaking, 1A requires that development should respect the ‘amenity of the place’. The detailed layout and design ensure that there are no issues of overshadowing or loss of privacy to neighbouring properties, including the two existing dwellinghouses. Layout, along with appropriate boundary treatment and planting will secure appropriate areas of private garden ground for each of the proposed dwellinghouses. 7.4 Each property will have sufficient plot ratio with spacious garden ground as set out in the Placemaking Guide (2020), i.e. ‘As a rule, it is good practice to provide a minimum of 60 square metres for private space for a 1-2 bedroomed house and 80 square metres for 3+ bedrooms. Each dwelling should have a minimum garden depth of 9m’. This proposal will meet these requirements, as shown on the submitted site plan. 7.5 The properties will also have access to the shared communal courtyard area and in terms of further open space, into the wider green network in the surrounding area. 7.6 Overall, we contend that the proposal can fully comply with the amenity considerations as contained within the LDP2 Policy 1: Placemaking and the supplementary Placemaking Guide 2020. Open Space Provision and Public Access 7.7 LDP2 Policy 14B: Open Space within New Developments seeks appropriate areas of informal and formal open space as an integral part of any new development where existing provision is inadequate. W ith reference to the Supplementary Guidance: Open Space Provision for New Developments (2021) we believe that this small proposal for less the 10 houses in a rural location will provide open space provision. LDP Policy 15: Public Access resists proposals that will have adverse impacts on core paths and other access routes. Core Path (FSW Y/117) follows the access road to Barnhill Farm. This proposal provides an opportunity to protect and enhance this route as part of the road improvements which would accompany a future development. 512
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3164_Carroll 7.0 Planning Assessm ent— Detailed Policies A Successful, Sustainable Place Infrastructure Im pact 7.8 In line with LDP2 Policy 5: Infrastructure Contributions, and LDP2 Policy 20: Affordable Housing, the applicant recognises that securing planning permission relies on the provision of the required infrastructure provision or community facilities to address the long term effect of the development, capacity issues and future demand, contributing to sustainable development. The Council’s Developer Contributions & Affordable Housing Supplementary Guidance (2020) explains how developer contributions will be achieved, with specific contributions sought, where relevant, for Primary Education, Affordable Housing and Transport Infrastructure.3 7.9 The application site lies within the catchment of Fossoway Primary School and Kinross High School (non-denominational) and St Ninians Primary School and St Johns Academy (denominational). It is understood that there are currently no capacity issues and therefore no contribution to Primary Education would currently be sought. 7.10 The application site is not within the area identified in LDP2 and the Supplementary Guidance as requiring contributions to strategic transport infrastructure. 7.11 A proposal for 7 residential units requires contributions to affordable housing with the policy requirement for 25% contribution equal to 1.75 units. It is anticipated that with this small scale rural development the Council will be most likely to seek a commuted payment. The applicant will be pleased to discuss the details relating to the provision of affordable housing with the Council, taking into consideration the development viability of the overall scheme, given its brownfield nature. View of the former working Farm looking from the East 513
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3164_Carroll Natural Heritage 7.12 LDP2 Policy 41: Biodiversity seeks to protect and enhance wildlife and habitats, both designated or otherwise. LDP2 Policy 40: Green Infrastructure requires all new development to contribute to the creation, protection, enhancement and management of green infrastructure. Site and species protection 7.13 The application site is not in the vicinity of any of the range of levels of protected areas, as identified on the NatureScot mapping. Although the site is largely brownfield we believe it is unlikely that any remaining structures will host bats that would be affected or that there will be any impact on other protected species. Habitat, shelter, green infrastructure and network connections 7.14 The site is set within a wider agricultural landscape with fields having relatively sparse hedging/boundary trees. There are significant blocks of woodland/forestry dispersed through the surrounding area. The site itself currently has minimal green infrastructure, further constrained by the extensive areas of concrete foundation. This proposal will provide considerable opportunity to enhance this situation by new planting to contribute to green linkages and greater biodiversity within the wider area. W e believe that the proposal can gain support in terms of the policies which address woodland, trees, biodiversity and green infrastructure. Landscape 7.15 LDP2 Policy 39: Landscape aims to ensure that all development and land use change should be compatible with the distinctive characteristics and features of Perth and Kinross’s landscapes. The site is distant from any National Scenic Area and is not included within any of Perth & Kinross Council’s locally important Special Landscape Areas. There are no designated gardens and designed landscapes in the nearby area. 7.0 Planning Assessm ent— Detailed Policies A Natural, Resilient Place OS Six-inch 1st edition 1866 Reproduced with the permission of the National Library of Scotland 514
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3164_Carroll 7.16 The site lies within Landscape Character Type 390 Lowland Basins (SNH National Landscape Character Assessment 2019). The Landscape Character Type Description includes that the Loch Leven Basin is ‘enclosed by the Lomond and Cleish Hills to the east and south, and by the Ochils to the north and extending to the W est up the flat valleys of the Queich River and Glendey W ater and to the south east along the River Leven.’ The Landscape Character Description includes that there are small villages on the edge of the Basin and low hills and that there ‘is a regular distribution of steadings and other small building groups with some sporadic groups of houses and individual houses.’ and ‘It is a busy landscape with many point features ...characteristic castles, houses and steadings. ‘ 7.17 The Landscape Character Description highlights that a ‘regular distribution’ of steadings is characteristic of this lowland basin character area. As illustrated by the photographs on page 25 and 27, the farm lies on slightly elevated land within the surrounding landscape. This is also a historic feature of the siting of farms, overlooking their surrounding land. Historically, the farm steading would have been viewed, at a distance, from surrounding farms and routes. 7.18 The proposed redevelopment of the steading references its more historic layout, that prior to the more modern agricultural buildings which have replaced the original steading. W e contend that the proposal will be an appropriate redevelopment in the context of the surrounding landscape, retaining this feature within the landscape. It will have no adverse visual impact and will bring landscape enhancement through high quality design and new planting and landscaping. 7.0 Planning Assessm ent— Detailed Policies A Natural, Resilient Place Aerial view of former Farm complex and Application Site looking south 515
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3164_Carroll Flooding and Drainage 7.19 LDP2 Policy 50: New Development and Flooding resists proposals on land where there is a significant probability of flooding or where the proposal would increase the probability of flooding elsewhere. 7.20 LDP2 Policy 51A: W ater Environment, 51B: Foul Drainage, 51C Surface W ater Drainage set out the Council’s requirements to connect to the public sewer where available and to use Sustainable Urban Drainage Systems (SUDS) measures. 7.21 The SEPA Flood Maps shows that the site is at no risk of any form of flooding. 7.22 As with the adjacent houses at Barnhill, the proposed dwellings will be served by private waste treatment infrastructure. 7.23 It is anticipated that the proposal can be assessed as fully compliant with the terms of the relevant Policies and Guidance . Contam inated Land 7.24 LDP2 Policy 58A: Contaminated Land is relevant to this proposal, requiring that site investigation is undertaken and remediation carried out where required. 7.25 As the site has been in former agricultural use there is likely to be some contamination of the site (as confirmed to the applicant by an Engineer). The applicant is content to submit a formal site investigation report should this be required, or alternatively would agree to any condition requiring this work to support a future detailed application. Screenshot from SEPA Online Flood Maps 7.0 Planning Assessm ent— Detailed Policies A Natural, Resilient Place Site 516
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3164_Carroll Transport and Access 7.26 LDP2 Policy 60: Transport Standards and Accessibility Requirements, B: New Development Proposals promotes the reduction of travel demand by car and ensuring the availability of a choice of access and travel modes, including active travel and green networks. The focus of the policy is development proposals that involve significant travel generation. In this case, the proposal will have minimal travel generation. 7.27 There are opportunities for active travel to and from this site. The local network of Core Paths is immediately accessible, leading onto a variety of routes, along with many other informal tracks. 7.28 Public transport is available at Rumbling Bridge with the two hourly Stirling— Kinross X53 service. Travel from the site by car provides direct access to main bus and train hubs, within a short distance, along with access to the main central Scotland road network. The M90 at Kinross is within 10km to the east and the upper Forth bridges are within 15km to the south west. Powmill is within 2.5km of the site and Rumbling Bridge is 4.0km providing some local village services. A wide range of facilities and services are available in Dollar, within 7km. 7.29 The access point to the site is along a well maintained access road from the A977 to the north , served with passing places, and shared with existing houses and Pitfar Steadings, currently being developed. The stretch of road between Pitfar Steadings and Barnhill does not have passing places. 7.30 W e highlight that the approval of this application for residential development will be sufficiently financially viable to enable work to upgrade the access, including passing places. This would have been required to achieve a approval of the applicant’s 2017 application for commercial equestrian use and part caravan storage (referred to in section 3.0) 7.0 Planning Assessm ent— Detailed Policies A Connected Place Core Path Network surrounding the application site Source: PKC Interactive Core Path mapping 7.31 The financial viability of that project was not sufficient to allow the applicant to consider funding this infrastructure work and subsequently the application was refused. 7.32 The detailed design of the site and its layout accommodates parking and turning areas to meet with the Council’s requirements. 517
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3164_Carroll In conclusion: The application site contains large areas of concrete foundation, formerly agricultural buildings and defined as brownfield land in the Council’s Housing in the Countryside Supplementary Guidance 2020. The concrete bases, remaining from previous agricultural buildings and uses, will not regenerate into the landscape naturally and have no readily achievable beneficial use. Engineer advice can be provided which advises that formal remediation of this site is required due to its previous uses. This proposal seeks to: • re-use the former traditional agricultural structures on the site through their redevelopment.; and • remediate the brownfield site through a small scale new build development, reflecting the historic character of the former Barnhill Farm steading The site will provide a high quality environment for future residents and is an effective site. The proposal is not anticipated to have any adverse impact on the natural heritage and detailed proposals for the site will fully address green infrastructure to benefit the overall biodiversity of the area. Infrastructure will be provided to meet the needs of the development and will ensure that there will be no adverse impacts in terms of road safety or in relation to other facilities. The applicant is happy to provide any additional specialist information to support this application and to consider any conditions which are considered necessary to attach to a consent for this in principle proposal. W e contend that the proposal gains support in terms of: • the Council’s LDP 2 Policy 19: Housing in the Countryside and the Housing in the Countryside Supplementary Guidance 2020; and, • the set of other detailed LDP2 Policies and Supplementary Guidance relevant to the assessment of the proposal. W ith respect, the applicant seeks the support of Perth and Kinross Council in the approval of this planning application. W e request that the case officer discuss the proposed recommendation with us prior to any decision on the proposal. 9.0 Conclusion 518
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4(v)(b) LRB-2022-31 LRB-2022-31 21/02069/FLL – Erection of 7 dwellinghouses, garage, formation of landscaping and associated works, land 480 metres south east of 4 Pitfar Steadings, Powmill PLANNING DECISION NOTICE REPORT OF HANDLING (included in applicant’s submission, pages 530-540) REFERENCE DOCUMENTS (included in applicant’s submission, pages 489-518 and 541-552) 553
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4(v)(c) LRB-2022-31 LRB-2022-31 21/02069/FLL – Erection of 7 dwellinghouses, garage, formation of landscaping and associated works, land 480 metres south east of 4 Pitfar Steadings, Powmill REPRESENTATIONS 557
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Mr Craig MacGregor (Objects) Comment submitted date: Fri 18 Feb 2022 The development of this site would be completely out of character with the surrounding area. This planning application would clearly go against Countryside Development rules, with a remote rural building being replaced by a sizeable residential site that would use substantial greenfield areas for its development. The site is exposed, with no tree cover and would be a blot on the diminishing rural landscape within this area. Access to the site is very restricted, with a single farm lane being the only available route into the area. There have been no provisions outlined for how this would be addressed and this would introduce serious road safety concerns for both pedestrians and vehicular traffic. Previous development applications have been refused permission on this basis. Development is already taking place close to this area that will already add pressure to the local community, both in terms of infrastructre, services and the environment. Additional houses will be a clear overdevelopment of what is a sensitive area. Approval of this application would set a very dangerous precedence of what is deemed acceptable in terms of rural development and rezoning of agricultural land. In conclusion, this application does not align with any of the local or regional development plans and should be refused on that basis alone. 577
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Development Quality Manager The Environment Service Perth and Kinross Council Pullar House 35 Kinnoull Street PERTH PH 1 5GD 18 July 2022 Dear Sirs, Planning Application: 21/02069/FLL | Erection of 7 dwelling houses I refer to the appeal application against the refusal of the above application. We have nothing to add to the points made in our original letter and the reasons given for refusal by the planning department. However, the applicant makes reference to the fact that the site has been marketed without success. This is not entirely correct as the main house has been sold, as one property rather than two as it is suggested that it should be considered. This includes some acreage. We therefore understand therefore that the overall site that is defined in the original application is no longer the same. Yours faithfully Jan and Graham Pye 599
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