Item 4(i) LRB-2022-34
Perth and Kinross Council · 24 October 2022
Back to Local Review Body — 24 October 2022 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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4(i) LRB-2022-34 LRB-2022-34 22/00751/IPL – Erection of a hotel (in principle), 10-12 and 14 South Methven Street, Perth, PH1 5PE INDEX (a) Papers submitted by the Applicant (Pages 11-76) (b) Decision Notice (Pages 79-82) Report of Handling (Pages 83-96) Reference Documents (Pages 21-60 and 97-102) (c) Representations (Pages 103-124) 9 of 124
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4(i)(a) LRB-2022-34 LRB-2022-34 22/00751/IPL – Erection of a hotel (in principle), 10-12 and 14 South Methven Street, Perth, PH1 5PE PAPERS SUBMITTED BY THE APPLICANT 11 of 124
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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. MR. TARIQ FAYEZ 382 DNS HOUSE, KENTON ROAD, HARROW, MIDDLESEX LONDON HA3 8DP INFO@URBANPLANCONSULTANTS.COM PERTH AND KINROSS COUNCIL 22/00751/IPL 10-12 SOUTH METHVEN STREET PERTH PROPOSAL IS FOR SENSITIVE REDEVOLPMENT AND ENHANCEMENT OF SITE WITH B+G+4 HOTEL (IN PRINCIPLE) 17th May 2022 13th June 2022 13 of 124
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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: The building on site is in very poor condition, not in use and it is not safe to access to due poor stuctural condition. We would like to appeal for a review as we are unclear on the issues persisting with the proposal. The existing structure is not providing any positive value to the site due to its run down condition (proof provided). The conservation area consent has been applied for. Furthermore similar proposal for this site has previously obtained approval from previous owner. The design is stated as an overdevelopment of the site which evidently is not the case as it has tried to keep in mind the context of the site. 14 of 124
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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. We would like to put forward a response and request further discussion and clarification to the refusal for the proposal of Erection of Hotel (In principle). Please find attatched a letter along with supporting documents outlining our responses to the reasons of refusal. Our proposal is to demolish the existing building on site, as it is in very poor condition (structurally and visually), to make way for redevelopment of the site while respecting and enhancing it's context. The existing building, although listed in a conservation area, is in a very poor condition and reflects not too well on its surrounding and unusable nature. The design consists detail information on the form, design and material of the building conveying the impact on the adjacent buildings is thought of and kept to minimum. The design tries to complement it surrounding, be subtle and inviting. The appeal is for sensitive redevelopment of the site which will respect the character and appearance of the conservation area with the aim to enhance it in the best way. An application of the Conservation Area Consent has been submitted to support our statements and proposal and is yet to be approved. -NA- 15 of 124
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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 ATTACHMENT 1-HOTEL PROPOSAL DRAWINGS SET: 1. SITE SETTING PLAN 2. EXISTING BASEMENT PLAN 3. EXISTING GROUND FLOOR PLAN 4. EXISTING FIRST FLOOR PLAN 5. EXISTING SECOND FLOOR PLAN 6. EXISTING THIRD FLOOR PLAN 7. PROPOSED BASEMENT PLAN 8. PROPOSED GROUND FLOOR PLAN 9. PROPOSED FIRST FLOOR PLAN 10. PROPOSED TRYICAL FLOOR PLAN 11. PROPOSED FOURTH FLOOR PLAN 12. PROPOSED ROOF PLAN 13. EXISTING ELEVATION -1- 14. EXISTING ELEVATIONS -2- 15. PROPOSED WEST ELEVATION 16. PROPOSED EAST ELEVATION 17. PROPOSED SOUTH ELEVATION 18. PROPOSED NORTH ELEVATION 19. PROPOSED SECTION AA ATTACHMENT 2: 20. DESIGN STATEMENT FOR B+G+4 HOTEL ATTACHMENT 3: 21. DANGEROUS BUILDING NOTICE_LETTER BUILDING SCOTLAND ACT 2003 ATTACHMENT 4: PREVIOUSLY APPROVED APPLICATION 22. DECISION_NOTICE-807671 23. DELEGATED_REPORT-807554 05/07/2022 01_Letter for notice of review 16 of 124
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Date : July 5th, 2022 To : The Secretary Local Review Body Perth and Kinross Council Committee Services Council Building 2 High Street Perth PH1 5PH Subject : Planning application reference 22/00751/IPL. Erection of a hotel (in principle) at 10-12 And 14 South Methven Street, Perth, U.K. Dear Sir, Application Reference: 22/00751/IPL We are writing back to you in regards to the application reference above to re-appeal for permission of Erection of a hotel (in principle) 10-12 And 14 South Methven Street Perth – responding to the reasons undernoted. Reasons for appeal: 1. Taking into consideration the Perth and Kinross Local Development Plan 2019 Policy 28B, we are aware that the area of demolishing is a conservation area therefore we have submitted a Conservation Area Consent application yet to be approved. The building on site which would be required to be demolished is possibly of value in its setting but due to its building at risk status it is unusable and would be more beneficial to be redeveloped with the appearance of the conservation area in mind. 2. The proposal ensures to maintain a positive contribution to the existing buildings however, demolishing it is necessary as the building is in very poor condition, with the rear wall having partially collapsed. A Structural inspection was carried out in 2003 and its summary stated that the existing buildings are in extreme run-down condition, with suggested foundation failure and movement of load bearing walls, and it would require extensive repairs to make the property usable at acceptable standards. It was concluded that the buildings were beyond reasonable repair and is recommended to be demolished. We also 17 of 124
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2 recently received information dated October 21st 2021, that a structural engineer appointed by the Perth and Kinross Council carried out a building assessment which recommended that the buildings are past repair and demolition was the solution to ensure public safety. Refer to figure 2 in the Design Statement attached. 3. With respect to the Historic Environment Scotland's Historic Environment Policy for Scotland (HEPS) April 2019, the building was previously cleared for ‘Planning permission granted on this site for the demolition of building and the erection of new building’ in 2007, extended till 31st March 2017. No action had been taken by previous parties. Any attempt to achieve retention or restoration would not be possible as it’s structural condition rules out it’s retention at a reasonable cost. Refer to figure 2.1 in the Design Statement attached. 4. The proposal provides detailed information regarding the design, materials and form of the building to demonstrate that the building will respect the character and appearance of the Perth Conservation Area while aiming to enhance it. Refer to figure 9 on the Design Statement which shows the main building materials used is Natural Stone Wall Cladding which was used to match and respect the character and appearance of the neighboring buildings within the Perth Conservation Area. Refer to figure 9, 10, 11 and 12 in the Design Statement. The indicative plans provided are similar to the previous proposal in terms of measurements, design, drawings, and materials; which were previously approved by the Perth and Kinross Council. 5. It is not evident that the existing building complies with the requirements of Scottish Planning Policy 2014 (Paragraph 141). The existing building though a part of the appearance and history of the area, is no longer in use due its deteriorating condition which may have a negative impact. The proposal will provide an advantage of enhancing it. Redeveloping the building would effectively create a positive impact within the Conservation Area while respecting and enhancing the adjacent buildings and setting. 6. Although we are aware the owner of the adjacent building at 14 Methven Street (Former Quality Café) is applying to have the building demolished as it is also listed as a dangerous building; the proposal does not hold any responsibility for it. The elevations submitted were only intended to set out the overall view of the Street. In this proposal it will be clear the adjacent building is lightly lined as to show we are only responsible for 10-12 South Methven Street. To conclude, no damage will be sustained to 14 Methven Street due to their plans of having it demolished. 18 of 124
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3 7. Policy 41 of the Perth and Kinross Local Development Plan 2 (2019) which seeks to ensure that wildlife and wildlife habitats will be protected. The previous approval was attained for this site and it would apply for this proposal as well. 8. The design has been thought of and planned in a way to minimize the noise generated from kitchen and other services which are all in the basement. • An effective ventilation system commensurate with the nature and scale of cooking to be undertaken shall be installed, operated and maintained, within the commercial areas, such that cooking odors are not exhausted into or escape into any neighboring dwellings. • All plant or equipment including any ventilation system associated with operation of the commercial areas be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed International Standards Organization (ISO) Noise Rating 35 between 0700 and 2300 hours daily. • The refuse storage area for these premises shall be operated and maintained such that detriment is not caused to the amenity of occupiers or neighboring premises. • No music amplified or otherwise shall be permitted outside the premises and efforts will be made to minimize the impact of noise from inside the premises so no sound is audible in any nearby residential property The previous approval had been attained within terms of these parameters and would apply for this proposal as well. Justification The design proposal tries to respect the surrounding and make a positive impact with the redevelopment. The existing building, although listed in a conservation area, is in a very poor condition and reflects not too well on its surrounding and unusable nature. The design consists detail information on the form, design and material of the building conveying the impact on the adjacent buildings is thought of and kept to minimum. The design tries to complement it surrounding, be subtle and inviting. The appeal is for sensitive redevelopment of the site which will respect the character and appearance of the conservation area with the aim to enhance it in the best way. An application of the Conservation Area Consent has been submitted to support our statements and proposal and is yet to be approved. Thanks & Best Regards, Urban Plan Consultants Ltd. 19 of 124
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ProjectMOHAMED TAREQ FAYEZ PLO T: BLO CK: Draw ing title job no. sheet no. revision no. designed by scale date issued NOTES : P.oBox HA3 8DP.Tel:+442080897945 info@urbanplanconsultants.com DNS House,382 Kenton Road Harrow meddelsex,Uk Consultant: Client: 1.) THIS DRAW ING IS THE CO PYRIG HT O F URBAN PLAN. IT SHO ULD NO T BE RETAINED O R USED W ITHO UT THE ABO VE M ENTIO NED CO M PANY'S AUTHO RITY. 2.) O NLY SCALE FO R PLANNING PURPO SES. 3.) ALL DIM ENSIO NS ARE IN M ILLIM ETERS UNLESS O THERW ISE M ENTIO NED. 4.) CO NTRACTO R SHALL CHECK ALL DIM ENSIO NS O N SITE AND NO TIFY THE ENG INEER'S O F ANY DISCREPANCIES BEFO RE PRO CEEDING W ITH THE W O RK. B+G+4 HOTEL 10-12 South Methven Street,Perth PH15 PE,UK PROPOSED SITE SEATING LAYOUT 01 A 201 0 1:500 (A3) 10/05/2022 Urban Plan 01 A201 SCALE 1:500 PROPOSED SITE SEATING LAYOUT 21 of 124
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ProjectMOHAM ED TAREQ FAYEZ PLO T: BLO CK: Drawing title job no. sheet no. revision no. designed by scale date issued NOTES : P.oBox HA3 8DP.Tel:+442080897945 info@urbanplanconsultants.com DNS House,382 Kenton Road Harrow meddelsex,Uk Consultant: Client: 1.) THIS DRAW ING IS THE CO PYRIG HT O F URBAN PLAN. IT SHO ULD NO T BE RETAINED O R USED W ITHO UT THE ABO VE M ENTIO NED CO M PANY'S AUTHO RITY. 2.) O NLY SCALE FO R PLANNING PURPO SES. 3.) ALL DIM ENSIO NS ARE IN M ILLIM ETERS UNLESS O THERW ISE M ENTIO NED. 4.) CO NTRACTO R SHALL CHECK ALL DIM ENSIO NS O N SITE AND NO TIFY THE ENG INEER'S O F ANY DISCREPANCIES BEFO RE PRO CEEDING W ITH THE W O RK. B+G+4 HOTEL 10-12 South Methven Street,Perth PH15 PE,UK EXISTING BASEMENT FLOOR LAYOUT 01 A 202 0 1:100 (A3) 10/05/2022 Urban Plan 02 A202 SCALE 1:100 EXISTING BASEMENT FLOOR LAYOUT 22 of 124
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ProjectMOHAMED TAREQ FAYEZ PLO T: BLO CK: Draw ing title job no. sheet no. revision no. designed by scale date issued NOTES : P.oBox HA3 8DP.Tel:+442080897945 info@urbanplanconsultants.com DNS House,382 Kenton Road Harrow meddelsex,Uk Consultant: Client: 1.) THIS DRAW ING IS THE CO PYRIG HT O F URBAN PLAN. IT SHO ULD NO T BE RETAINED O R USED W ITHO UT THE ABO VE M ENTIO NED CO M PANY'S AUTHO RITY. 2.) O NLY SCALE FO R PLANNING PURPO SES. 3.) ALL DIM ENSIO NS ARE IN M ILLIM ETERS UNLESS O THERW ISE M ENTIO NED. 4.) CO NTRACTO R SHALL CHECK ALL DIM ENSIO NS O N SITE AND NO TIFY THE ENG INEER'S O F ANY DISCREPANCIES BEFO RE PRO CEEDING W ITH THE W O RK. B+G+4 HOTEL 10-12 South Methven Street,Perth PH15 PE,UK EXISTING GROUND FLOOR LAYOUT 01 A 203 0 1:100 (A3) 10/05/2022 Urban Plan 03 A203 SCALE 1:100 EXISTING GROUND FLOOR LAYOUT 23 of 124
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ProjectMOHAMED TAREQ FAYEZ PLO T: BLO CK: Draw ing title job no. sheet no. revision no. designed by scale date issued NOTES : P.oBox HA3 8DP.Tel:+442080897945 info@urbanplanconsultants.com DNS House,382 Kenton Road Harrow meddelsex,Uk Consultant: Client: 1.) THIS DRAW ING IS THE CO PYRIG HT O F URBAN PLAN. IT SHO ULD NO T BE RETAINED O R USED W ITHO UT THE ABO VE M ENTIO NED CO M PANY'S AUTHO RITY. 2.) O NLY SCALE FO R PLANNING PURPO SES. 3.) ALL DIM ENSIO NS ARE IN M ILLIM ETERS UNLESS O THERW ISE M ENTIO NED. 4.) CO NTRACTO R SHALL CHECK ALL DIM ENSIO NS O N SITE AND NO TIFY THE ENG INEER'S O F ANY DISCREPANCIES BEFO RE PRO CEEDING W ITH THE W O RK. B+G+4 HOTEL 10-12 South Methven Street,Perth PH15 PE,UK EXISTING FIRST FLOOR LAYOUT 01 A 204 0 1:100 (A3) 10/05/2022 Urban Plan 04 A204 SCALE 1:100 EXISTING FIRST FLOOR LAYOUT 24 of 124
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ProjectMOHAMED TAREQ FAYEZ PLO T: BLO CK: Draw ing title job no. sheet no. revision no. designed by scale date issued NOTES : P.oBox HA3 8DP.Tel:+442080897945 info@urbanplanconsultants.com DNS House,382 Kenton Road Harrow meddelsex,Uk Consultant: Client: 1.) THIS DRAW ING IS THE CO PYRIG HT O F URBAN PLAN. IT SHO ULD NO T BE RETAINED O R USED W ITHO UT THE ABO VE M ENTIO NED CO M PANY'S AUTHO RITY. 2.) O NLY SCALE FO R PLANNING PURPO SES. 3.) ALL DIM ENSIO NS ARE IN M ILLIM ETERS UNLESS O THERW ISE M ENTIO NED. 4.) CO NTRACTO R SHALL CHECK ALL DIM ENSIO NS O N SITE AND NO TIFY THE ENG INEER'S O F ANY DISCREPANCIES BEFO RE PRO CEEDING W ITH THE W O RK. B+G+4 HOTEL 10-12 South Methven Street,Perth PH15 PE,UK EXISTING SECOND FLOOR LAYOUT 01 A 205 0 1:100 (A3) 10/05/2022 Urban Plan 05 A205 SCALE 1:100 EXISTING SECOND FLOOR LAYOUT 25 of 124
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ProjectMOHAMED TAREQ FAYEZ PLO T: BLO CK: Draw ing title job no. sheet no. revision no. designed by scale date issued NOTES : P.oBox HA3 8DP.Tel:+442080897945 info@urbanplanconsultants.com DNS House,382 Kenton Road Harrow meddelsex,Uk Consultant: Client: 1.) THIS DRAW ING IS THE CO PYRIG HT O F URBAN PLAN. IT SHO ULD NO T BE RETAINED O R USED W ITHO UT THE ABO VE M ENTIO NED CO M PANY'S AUTHO RITY. 2.) O NLY SCALE FO R PLANNING PURPO SES. 3.) ALL DIM ENSIO NS ARE IN M ILLIM ETERS UNLESS O THERW ISE M ENTIO NED. 4.) CO NTRACTO R SHALL CHECK ALL DIM ENSIO NS O N SITE AND NO TIFY THE ENG INEER'S O F ANY DISCREPANCIES BEFO RE PRO CEEDING W ITH THE W O RK. B+G+4 HOTEL 10-12 South Methven Street,Perth PH15 PE,UK EXISTING THERD FLOOR LAYOUT 01 A 206 0 1:100 (A3) 10/05/2022 Urban Plan 06 A206 SCALE 1:100 EXISTING THERD FLOOR LAYOUT 26 of 124
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ProjectM OHAM ED TAREQ FAYEZ PLO T: BLO CK: Drawing title job no. sheet no. revision no. designed by scale date issued NOTES : P.oBox HA3 8DP.Tel:+442080897945 info@urbanplanconsultants.com DNS House,382 Kenton Road Harrow meddelsex,Uk C onsultant: Client: 1.) THIS DRAW ING IS THE CO PYRIG HT O F URBAN PLAN. IT SHO ULD NO T BE RETAINED O R USED W ITHO UT THE ABO VE M ENTIO NED CO M PANY'S AUTHO RITY. 2.) O NLY SCALE FO R PLANNING PURPO SES. 3.) ALL DIM ENSIO NS ARE IN M ILLIM ETERS UNLESS O THERW ISE M ENTIO NED. 4.) CO NTRACTO R SHALL CHECK ALL DIM ENSIO NS O N SITE AND NO TIFY THE ENG INEER'S O F ANY DISCREPANCIES BEFO RE PRO CEEDING W ITH THE W O RK. B+G+4 HOTEL 10-12 South Methven Street,Perth PH15 PE,UK PROPOSED BASEMENT FLOOR LAYOUT 01 A 207 0 1:100 (A3) 10/05/2022 Urban Plan 07 A207 SCALE 1:100 PROPOSED BASEMENT FLOOR LAYOUT 27 of 124
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ProjectM OHAM ED TAREQ FAYEZ PLO T: BLO CK: Drawing title job no. sheet no. revision no. designed by scale date issued NOTES : P.oBox HA3 8DP.Tel:+442080897945 info@urbanplanconsultants.com DNS House,382 Kenton Road Harrow meddelsex,Uk C onsultant: Client: 1.) THIS DRAW ING IS THE CO PYRIG HT O F URBAN PLAN. IT SHO ULD NO T BE RETAINED O R USED W ITHO UT THE ABO VE M ENTIO NED CO M PANY'S AUTHO RITY. 2.) O NLY SCALE FO R PLANNING PURPO SES. 3.) ALL DIM ENSIO NS ARE IN M ILLIM ETERS UNLESS O THERW ISE M ENTIO NED. 4.) CO NTRACTO R SHALL CHECK ALL DIM ENSIO NS O N SITE AND NO TIFY THE ENG INEER'S O F ANY DISCREPANCIES BEFO RE PRO CEEDING W ITH THE W O RK. B+G+4 HOTEL 10-12 South Methven Street,Perth PH15 PE,UK PROPOSED GROUND FLOOR LAYOUT 01 A 208 0 1:100 (A3) 10/05/2022 Urban Plan 08 A208 SCALE 1:100 PROPOSED GROUND FLOOR LAYOUT 28 of 124
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ProjectM OHAM ED TAREQ FAYEZ PLO T: BLO CK: Drawing title job no. sheet no. revision no. designed by scale date issued NOTES : P.oBox HA3 8DP.Tel:+442080897945 info@urbanplanconsultants.com DNS House,382 Kenton Road Harrow meddelsex,Uk C onsultant: Client: 1.) THIS DRAW ING IS THE CO PYRIG HT O F URBAN PLAN. IT SHO ULD NO T BE RETAINED O R USED W ITHO UT THE ABO VE M ENTIO NED CO M PANY'S AUTHO RITY. 2.) O NLY SCALE FO R PLANNING PURPO SES. 3.) ALL DIM ENSIO NS ARE IN M ILLIM ETERS UNLESS O THERW ISE M ENTIO NED. 4.) CO NTRACTO R SHALL CHECK ALL DIM ENSIO NS O N SITE AND NO TIFY THE ENG INEER'S O F ANY DISCREPANCIES BEFO RE PRO CEEDING W ITH THE W O RK. B+G+4 HOTEL 10-12 South Methven Street,Perth PH15 PE,UK PROPOSED FIRST FLOOR LAYOUT 01 A 209 0 1:100 (A3) 10/05/2022 Urban Plan 09 A209 SCALE 1:100 PROPOSED FIRST FLOOR LAYOUT 29 of 124
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ProjectMOHAMED TAREQ FAYEZ PLO T: BLO CK: Draw ing title job no. sheet no. revision no. designed by scale date issued NOTES : P.oBox HA3 8DP.Tel:+442080897945 info@urbanplanconsultants.com DNS House,382 Kenton Road Harrow meddelsex,Uk Consultant: Client: 1.) THIS DRAW ING IS THE CO PYRIG HT O F URBAN PLAN. IT SHO ULD NO T BE RETAINED O R USED W ITHO UT THE ABO VE M ENTIO NED CO M PANY'S AUTHO RITY. 2.) O NLY SCALE FO R PLANNING PURPO SES. 3.) ALL DIM ENSIO NS ARE IN M ILLIM ETERS UNLESS O THERW ISE M ENTIO NED. 4.) CO NTRACTO R SHALL CHECK ALL DIM ENSIO NS O N SITE AND NO TIFY THE ENG INEER'S O F ANY DISCREPANCIES BEFO RE PRO CEEDING W ITH THE W O RK. B+G+4 HOTEL 10-12 South Methven Street,Perth PH15 PE,UK PROPOSED TYPICAL FLOOR LAYOUT 01 A 210 0 1:100 (A3) 10/05/2022 Urban Plan 10 A210 SCALE 1:100 PROPOSED TYPICAL FLOOR LAYOUT 30 of 124
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ProjectMOHAMED TAREQ FAYEZ PLO T: BLO CK: Draw ing title job no. sheet no. revision no. designed by scale date issued NOTES : P.oBox HA3 8DP.Tel:+442080897945 info@urbanplanconsultants.com DNS House,382 Kenton Road Harrow meddelsex,Uk Consultant: Client: 1.) THIS DRAW ING IS THE CO PYRIG HT O F URBAN PLAN. IT SHO ULD NO T BE RETAINED O R USED W ITHO UT THE ABO VE M ENTIO NED CO M PANY'S AUTHO RITY. 2.) O NLY SCALE FO R PLANNING PURPO SES. 3.) ALL DIM ENSIO NS ARE IN M ILLIM ETERS UNLESS O THERW ISE M ENTIO NED. 4.) CO NTRACTO R SHALL CHECK ALL DIM ENSIO NS O N SITE AND NO TIFY THE ENG INEER'S O F ANY DISCREPANCIES BEFO RE PRO CEEDING W ITH THE W O RK. B+G+4 HOTEL 10-12 South Methven Street,Perth PH15 PE,UK PROPOSED FOURTH FLOOR LAYOUT 01 A 211 0 1:100 (A3) 10/05/2022 Urban Plan 11 A211 SCALE 1:100 PROPOSED FOURTH FLOOR LAYOUT 31 of 124
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ProjectMOHAMED TAREQ FAYEZ PLO T: BLO CK: Draw ing title job no. sheet no. revision no. designed by scale date issued NOTES : P.oBox HA3 8DP.Tel:+442080897945 info@urbanplanconsultants.com DNS House,382 Kenton Road Harrow meddelsex,Uk Consultant: Client: 1.) THIS DRAW ING IS THE CO PYRIG HT O F URBAN PLAN. IT SHO ULD NO T BE RETAINED O R USED W ITHO UT THE ABO VE M ENTIO NED CO M PANY'S AUTHO RITY. 2.) O NLY SCALE FO R PLANNING PURPO SES. 3.) ALL DIM ENSIO NS ARE IN M ILLIM ETERS UNLESS O THERW ISE M ENTIO NED. 4.) CO NTRACTO R SHALL CHECK ALL DIM ENSIO NS O N SITE AND NO TIFY THE ENG INEER'S O F ANY DISCREPANCIES BEFO RE PRO CEEDING W ITH THE W O RK. B+G+4 HOTEL 10-12 South Methven Street,Perth PH15 PE,UK ROOF LAYOUT 01 A 212 0 1:100 (A3) 10/05/2022 Urban Plan 12 A212 SCALE 1:100 ROOF LAYOUT 32 of 124
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ProjectMOHAMED TAREQ FAYEZ PLO T: BLO CK: Draw ing title job no. sheet no. revision no. designed by scale date issued NOTES : P.oBox HA3 8DP.Tel:+442080897945 info@urbanplanconsultants.com DNS House,382 Kenton Road Harrow meddelsex,Uk Consultant: Client: 1.) THIS DRAW ING IS THE CO PYRIG HT O F URBAN PLAN. IT SHO ULD NO T BE RETAINED O R USED W ITHO UT THE ABO VE M ENTIO NED CO M PANY'S AUTHO RITY. 2.) O NLY SCALE FO R PLANNING PURPO SES. 3.) ALL DIM ENSIO NS ARE IN M ILLIM ETERS UNLESS O THERW ISE M ENTIO NED. 4.) CO NTRACTO R SHALL CHECK ALL DIM ENSIO NS O N SITE AND NO TIFY THE ENG INEER'S O F ANY DISCREPANCIES BEFO RE PRO CEEDING W ITH THE W O RK. B+G+4 HOTEL 10-12 South Methven Street,Perth PH15 PE,UK EXISTING ELEVATIONS 01 A 213-1 0 10/05/2022 Urban Plan 13 A213-1 EXISTING ELEVATIONS 33 of 124
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ProjectMOHAMED TAREQ FAYEZ PLO T: BLO CK: Draw ing title job no. sheet no. revision no. designed by scale date issued NOTES : P.oBox HA3 8DP.Tel:+442080897945 info@urbanplanconsultants.com DNS House,382 Kenton Road Harrow meddelsex,Uk Consultant: Client: 1.) THIS DRAW ING IS THE CO PYRIG HT O F URBAN PLAN. IT SHO ULD NO T BE RETAINED O R USED W ITHO UT THE ABO VE M ENTIO NED CO M PANY'S AUTHO RITY. 2.) O NLY SCALE FO R PLANNING PURPO SES. 3.) ALL DIM ENSIO NS ARE IN M ILLIM ETERS UNLESS O THERW ISE M ENTIO NED. 4.) CO NTRACTO R SHALL CHECK ALL DIM ENSIO NS O N SITE AND NO TIFY THE ENG INEER'S O F ANY DISCREPANCIES BEFO RE PRO CEEDING W ITH THE W O RK. B+G+4 HOTEL 10-12 South Methven Street,Perth PH15 PE,UK PROPOSED W EST ELEVATION_ MAIN ELEVATION 01 A 214 0 1:200 (A3) 10/05/2022 Urban Plan 14 A214 SCALE 1:200 PROPOSED WEST ELEVATION_MAIN ELEVATION 35 of 124
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ProjectM OHAM ED TAREQ FAYEZ PLO T: BLO CK: Drawing title job no. sheet no. revision no. designed by scale date issued NOTES : P.oBox HA3 8DP.Tel:+442080897945 info@urbanplanconsultants.com DNS House,382 Kenton Road Harrow meddelsex,Uk C onsultant: Client: 1.) THIS DRAW ING IS THE CO PYRIG HT O F URBAN PLAN. IT SHO ULD NO T BE RETAINED O R USED W ITHO UT THE ABO VE M ENTIO NED CO M PANY'S AUTHO RITY. 2.) O NLY SCALE FO R PLANNING PURPO SES. 3.) ALL DIM ENSIO NS ARE IN M ILLIM ETERS UNLESS O THERW ISE M ENTIO NED. 4.) CO NTRACTO R SHALL CHECK ALL DIM ENSIO NS O N SITE AND NO TIFY THE ENG INEER'S O F ANY DISCREPANCIES BEFO RE PRO CEEDING W ITH THE W O RK. B+G+4 HOTEL 10-12 South Methven Street,Perth PH15 PE,UK PROPOSED EAST ELEVATION 01 A 215 0 1:200 (A3) 10/05/2022 Urban Plan 15 A215 SCALE 1:200 PROPOSED EAST ELEVATION 36 of 124
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ProjectM OHAM ED TAREQ FAYEZ PLO T: BLO CK: Drawing title job no. sheet no. revision no. designed by scale date issued NOTES : P.oBox HA3 8DP.Tel:+442080897945 info@urbanplanconsultants.com DNS House,382 Kenton Road Harrow meddelsex,Uk C onsultant: Client: 1.) THIS DRAW ING IS THE CO PYRIG HT O F URBAN PLAN. IT SHO ULD NO T BE RETAINED O R USED W ITHO UT THE ABO VE M ENTIO NED CO M PANY'S AUTHO RITY. 2.) O NLY SCALE FO R PLANNING PURPO SES. 3.) ALL DIM ENSIO NS ARE IN M ILLIM ETERS UNLESS O THERW ISE M ENTIO NED. 4.) CO NTRACTO R SHALL CHECK ALL DIM ENSIO NS O N SITE AND NO TIFY THE ENG INEER'S O F ANY DISCREPANCIES BEFO RE PRO CEEDING W ITH THE W O RK. B+G+4 HOTEL 10-12 South Methven Street,Perth PH15 PE,UK PROPOSED SOUTH ELEVATION 01 A 216 0 1:200 (A3) 10/05/2022 Urban Plan 16 A216 SCALE 1:200 PROPOSED SOUTH ELEVATION 37 of 124
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ProjectM OHAM ED TAREQ FAYEZ PLO T: BLO CK: Drawing title job no. sheet no. revision no. designed by scale date issued NOTES : P.oBox HA3 8DP.Tel:+442080897945 info@urbanplanconsultants.com DNS House,382 Kenton Road Harrow meddelsex,Uk C onsultant: Client: 1.) THIS DRAW ING IS THE CO PYRIG HT O F URBAN PLAN. IT SHO ULD NO T BE RETAINED O R USED W ITHO UT THE ABO VE M ENTIO NED CO M PANY'S AUTHO RITY. 2.) O NLY SCALE FO R PLANNING PURPO SES. 3.) ALL DIM ENSIO NS ARE IN M ILLIM ETERS UNLESS O THERW ISE M ENTIO NED. 4.) CO NTRACTO R SHALL CHECK ALL DIM ENSIO NS O N SITE AND NO TIFY THE ENG INEER'S O F ANY DISCREPANCIES BEFO RE PRO CEEDING W ITH THE W O RK. B+G+4 HOTEL 10-12 South Methven Street,Perth PH15 PE,UK PROPOSED NORTH ELEVATION 01 A 217 0 1:200 (A3) 10/05/2022 Urban Plan 17 A217 SCALE 1:200 PROPOSED NORTH ELEVATION 38 of 124
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ProjectM OHAM ED TAREQ FAYEZ PLO T: BLO CK: Drawing title job no. sheet no. revision no. designed by scale date issued NOTES : P.oBox HA3 8DP.Tel:+442080897945 info@urbanplanconsultants.com DNS House,382 Kenton Road Harrow meddelsex,Uk C onsultant: Client: 1.) THIS DRAW ING IS THE CO PYRIG HT O F URBAN PLAN. IT SHO ULD NO T BE RETAINED O R USED W ITHO UT THE ABO VE M ENTIO NED CO M PANY'S AUTHO RITY. 2.) O NLY SCALE FO R PLANNING PURPO SES. 3.) ALL DIM ENSIO NS ARE IN M ILLIM ETERS UNLESS O THERW ISE M ENTIO NED. 4.) CO NTRACTO R SHALL CHECK ALL DIM ENSIO NS O N SITE AND NO TIFY THE ENG INEER'S O F ANY DISCREPANCIES BEFO RE PRO CEEDING W ITH THE W O RK. B+G+4 HOTEL 10-12 South Methven Street,Perth PH15 PE,UK PROPOSED SECTION _ AA 01 A 218 0 1:200 (A3) 10/05/2022 Urban Plan 18 A218 SCALE 1:200 PROPOSED SECTION _ AA 39 of 124
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| 3 Figure 2 Existing front and side view respectively The building is in very poor condition, with the rear wall having partially collapsed. A Structural inspection was carried out in 2003 and its summary stated that the existing buildings are in extreme run-down condition, with suggested foundation failure and movement of load bearing walls, and it would require extensive repairs to make the property usable at acceptable standards. It was concluded that the buildings were beyond reasonable repair and is recommended to be demolished. Looking at the building state and inspection conclusions at that time, without any measures taken, it can be said that the existing structure has only degraded through passing time. The building was previously cleared for ‘Planning permission granted on this site for the demolition of building and the erection of new building’ in 2007, extended till 31st March 2017. No action had been taken by previous parties. It has also been notified with dangerous building notice repeatedly. We also received information recently (October 21, 2021) that a structural engineer appointed by the council carried out a building assessment which recommended that the buildings are past repair and demolition was the solution to ensure public safety. The above supporting facts would lean towards demolishing the building at risk and redeveloping the site for the safety of people and enhancement of the area. 43 of 124
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| 4 2. PROPOSAL FOR DEVELOPMENT ON SITE 2.1 DESIGN INTENT To design a building that is culture aware and sensitive to the history of the area and neighboring buildings to create a safe and inviting place to stay or dine in while appreciating the historic value of this neighborhood. Our aim is to preserve some of the buildings characteristics and feel to make a positive contribution to the conservation area. 2.2 DESIGN DEVELOPMENT SITE PLAN: The new development will have the main entrance facing the South Methvan Street. Figure 3 Site plan 44 of 124
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| 5 FLOOR PLANS: It will consist of a restaurant and public house on the ground and basement floors while the 1st to 4TH floors consist of 27 hotel rooms. Figure 4 Basement floor plan 45 of 124
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| 6 Figure 5 Ground floor plan The ground floor will have the main entrance (orange) to the hotel reception, a secondary direct entrance (yellow) to the restaurant and public house, and a third entrance (grey) for services and staff. 46 of 124
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| 7 Figure 6 Typical floor plan (1st to 3rd floor) There will be four floors of hotel rooms. Each floor consists of 9 studio rooms, 2 service/storage, 1 staircase, and 2 lifts. 47 of 124
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| 9 ROOF PLAN Figure 8 Roof plan The roof plan indicates maintaining the sloped roofing in the front to help keep a resemblance to the previous buildings feel and keeping the side roof facing the open parking sloped as well to reduce the impact of height. 49 of 124
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| 10 Figure 9 Front elevation (West) The proposed front elevation tries to maintain a non-decorative traditional feel to respect neighboring buildings and the existing building elevation. The front roof slope is maintained for a less obstructive look. The materials proposed are simple to help the building be subtle in its surrounding. Figure 10 Back elevation (East) 50 of 124
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| 12 The basement will hold the major services such as kitchen, entry/exit for staff and other service activities, and also part of the restaurant which will aim to be have natural light through double height courtyard. This will help mitigate some amount of noise of daily activities. The ground floor will hold the lobby, public house and restaurant. The rest of the 4 floors will consist of 36 rooms, 9 rooms on each floor. Figure 13 Section AA' 52 of 124
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| 13 3. APPEAL FOR APPROVAL After studying the existing site, building conditions, and proposed design in its detail of form and setting, the design has taken into consideration the adopted development plans, guidelines and comments. 3.1 CONSIDERING POLICIES AND GUIDELINES 1. Perth and Kinross Local Development Plan 2 (2019) Policy 28B: Demolition within Conservation Areas The building on site which would be required to be demolished is possibly of value in its setting but due to its building at risk status it is unusable and would be more beneficial the be redeveloped with the appearance of the conservation area in mind. 2. Scottish Planning Policy 2014 (paragraph 143) “Proposals that do not harm the character or appearance of the conservation area should be treated as preserving its character or appearance.” The impact of the proposal, for development within the conservation area, on its setting has been kept in mind and has been replicated to a level on its appearance to preserve the feel and character of the area. The existing building is in poor condition and harmful to be used by anyone. From multiple dangerous building notice served to structural inspection and passing of time, the building would be beyond practical repair at a reasonable cost. (Refer to structural inspection summary and notice served on the building on page 3) 3. Historic Environment Scotland's Guidance "Managing Change - Guidance on Conservation Areas" April 2019 and Historic Environment Scotland's Historic Environment Policy for Scotland (HEPS) April 2019 which states that a "positive attempt should always be made by the Planning Authority to achieve its retention, restoration and sympathetic conversion" and "in some cases, demolition may be thought appropriate.......if its structural condition rules out its retention at reasonable cost". The existing building is in poor condition and harmful to be used by anyone. From multiple dangerous building notice served to structural inspection and passing of time, the building would be beyond practical repair at a reasonable cost. (Refer to structural inspection summary and notice served on the building on page 3) 4. Policy 27A: Listed Buildings, of the Perth and Kinross Council Local Development Plan 2 (2019) The proposal provides detailed information regarding the design, materials and form of the building to demonstrate that the building will respect the character and appearance of the Perth Conservation Area while aiming to enhance it. 5. Scottish Planning Policy 2014 (paragraph 141) which indicates the importance of preserving and enhancing a listed building and its setting. The existing building though a part of the appearance and history of the area is no longer in use due its deteriorating condition which may have a negative impact. It being redeveloped would help positively impact the area while respecting and enhancing the adjacent buildings and setting. 53 of 124
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| 14 6. Policy 41 of the Perth and Kinross Local Development Plan 2 (2019) which seeks to ensure that wildlife and wildlife habitats will be protected. The previous approval was attained for this site and would apply for this proposal as well. 7. Policy 56: Noise Pollution of the Perth and Kinross Council Local Development Plan 2 (2019) The design has been thought of and planned in a way to minimize the noise generated from kitchen and other services which are all in the basement. ™ The residential properties shall be so designed, constructed and soundproofed to ensure that noise from neighbouring uses is so attenuated that NR25 can be achieved in the period 23:00- 07:00. ™ The separating floor between the ground and first floor shall be so designed, constructed and sound proofed to provide attenuation such that noise from the normal operations within the public house and restaurant on the ground floor shall be inaudible within the rooms. ™ An effective ventilation system commensurate with the nature and scale of cooking to be undertaken shall be installed, operated and maintained, within the commercial areas, such that cooking odours are not exhausted into or escape into any neighbouring dwellings. ™ All plant or equipment including any ventilation system associated with operation of the commercial areas be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed International Standards Organization (ISO) Noise Rating 35 between 0700 and 2300 hours daily. ™ The refuse storage area for these premises shall be operated and maintained such that detriment is not caused to the amenity of occupiers or neighbouring premises. ™ No music amplified or otherwise shall be permitted outside the premises and efforts will be made to minimize the impact of noise from inside the premises so no sound is audible in any nearby residential property The previous approval had been attained within terms of these parameters and would apply for this proposal as well. 9. Policy 52 of the Perth and Kinross Local Development Plan 2 (2019) The site is located within an area which is graded at low risk river flooding. The previous approval was attained for this site and would apply for this proposal as well. 54 of 124
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PERTH AND KINROSS COUNCIL Zack Developments c/o Iain Denney 132 West Nile Street Glasgow G1 2RQ Pullar House 35 Kinnoull Street PERTH PH1 5GD Date 18 March 2016 Town and Country Planning (Scotland) Acts. Application Number 16/00076/FLL I am directed by the Planning Authority under the Town and Country Planning (Scotland) Acts currently in force, to grant your application registered on 21st January 2016 for planning permission for Variation of condition 1 of permission 12/02031/FLL (Modification of 07/01079/FUL - Demolition of buildings and erection of eight residential units, restaurant and public house) to extend the time period for the commencement of development at 10-12 South Methven Street Perth subject to the undernoted conditions. Development Quality Manager Conditions referred to above 1 Consent is hereby granted until 31st March 2017. Reason - In the interests of visual amenity and to ensure the development is carried out within a reasonable period of time. 2 The proposed development must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed on the planning permission. Reason - To ensure that the development is carried out in accordance with the plans approved. 3 No development shall take place within the site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by Perth and Kinross Heritage Trust, and approved by the Planning Authority. Thereafter the 61 of 124
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developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with Perth and Kinross Heritage Trust. Reason - The site lies within an area which is archaeologically sensitive. 4 A sample of all the external finishing materials shall be submitted for the approval of the Planning Authority prior to the commencement of the development. The external finishing materials as approved shall be implemented prior to the occupation and or use of the development. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. 5 All living and sleeping apartments facing north shall be fitted with high performance double glazing or secondary glazing likely to reduce internal noise levels to below 35dB(A), which is the night-time standard in PAN 56. Reason - To ensure the occupants of the proposed flats are not subject to noise disturbance from adjacent uses outwith the building or from the commercial elements of the proposal. 6 The soundproofing of the commercial units of the application premises and the control of all amplified sound generated therein (including music, speech, electronic video games or other amusement machines) shall be such that no amplified sound is audible within neighbouring residential properties (including those contained within the application premises). Reason - To ensure the occupants of the proposed flats are not subject to noise disturbance from adjacent uses outwith the building or from the commercial elements of the proposal. 7 The hours of operation of the external terraces associated with the public house and restaurant shall be restricted to 08:00 hrs - 22:00 hrs. Reason - To ensure the occupants of the proposed flats are not subject to noise disturbance from adjacent uses outwith the building or from the commercial elements of the proposal. 8 An effective ventilation system commensurate with the nature and scale of cooking to be undertaken shall be installed, operated and maintained, within the commercial areas, such that cooking odours are not exhausted into or escape into any neighbouring dwellings. Reason - To ensure the occupants of the proposed flats are not subject to noise disturbance from adjacent uses outwith the building or from the commercial elements of the proposal. 62 of 124
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9 All plant or equipment including any ventilation system associated with operation of the commercial areas be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed International Standards Organisation (ISO) Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential premises, with all windows slightly open, when measured and/ or calculated and plotted on an ISO rating curve chart. Reason - To ensure the occupants of the proposed flats are not subject to noise disturbance from adjacent uses outwith the building or from the commercial elements of the proposal. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1 The applicant should note that the Council would be unlikely to support any further request for an extension of time. 2 The developer is advised to contact Ms Sarah Malone to discuss terms of reference for archaeolgocial work required Tel 01738 477080. 3 It is recommended that the developer incorporate a bin storage area into the plans. It is further recommended that the developer consult the Community Waste Team to discuss the provision of waste and recycling bins so that appropriate storage is provided for residents and businesses. 4 The applicants are reminded of the duty imposed on them by Sections 4 and 5 and 7 to 8A of the Chronically Sick and Disabled Persons Act, 1970 requiring any person providing premises (including sanitary conveniences) which are to be open to the public to make provision, where reasonable and practicable, for the means of access and parking to be designed to meet the needs of disabled people, with appropriate signposting and indicating the availability of the facilities. Your attention is drawn specifically to the BSI Code of Practice on Access for the Disabled to Buildings 8BS5810:1979). 5 No work shall be commenced until an application for building warrant has been submitted and approved. 6 Please consult the Street Naming and Numbering Officer, The Environment Service, Perth and Kinross Council, Pullar House, 35 Kinnoull Street, Perth PH1 5GD 7 Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the planning authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under section 123(1) of that Act, which may result in enforcement action being taken. 63 of 124
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8 As soon as practicable after the development is complete, the person who completes the development is obliged by section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. 9 This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013.The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: Displayed in a prominent place at or in the vicinity of the site of the development Readily visible to the public Printed on durable material. 10 There are trees on the adjacent site with root protection areas that may be affected by the proposed development. The developer should ensure that the works comply with BS 5837 2012: Trees in Relation to Design, Demolition and Construction in terms of tree retention and protection whilst construction works are ongoing. The plans and documents relating to this decision are listed below and are displayed on Perth and Kinross Council’s website at www.pkc.gov.uk “Online Planning Applications” page Plan and Document Reference 16/00076/1 07/01079/FUL/1 07/01079/FUL/2 07/01079/FUL/3 07/01079/FUL/4 07/01079/FUL/5 07/01079/FUL/6 07/01079/FUL/7 07/01079/FUL/8 64 of 124
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1 REPORT OF HANDLING DELEGATED REPORT Ref No 16/00076/FLL Ward No N12- Perth City Centre Due Determination Date 20.03.2016 Case Officer Persephone Beer Report Issued by Date Countersigned by Date PROPOSAL: Variation of condition 1 of permission 12/02031/FLL (Modification of 07/01079/FUL - Demolition of buildings and erection of eight residential units, restaurant and public house) to extend the time period for the commencement of development LOCATION: 10-12 South Methven Street Perth SUMMARY: This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. DATE OF SITE VISIT: 28 January 2016 SITE PHOTOGRAPHS 65 of 124
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2 BACKGROUND AND DESCRIPTION OF PROPOSAL A variation of condition 1 of permission 12/02031/FLL (Modification of 07/01079/FUL - Demolition of buildings and erection of eight residential units, restaurant and public house) is sought to extend the time period for the commencement of development. This application relates to 10-12 South Methven Street, Perth. The site is located within the centre of Perth and fronts onto South Methven Street, between High Street and Mill Street. The category B listed, former Sharpe's Institute and its courtyard, lies immediately to the north and east. The two-storey Quality Café, which recently closed, lies immediately to the south. The site covers an area of 284 sq metres and comprises a traditional two-storey residential building at the rear and a three-storey traditional building with accommodation in the attic with a single storey, flat-roofed linking structure in between. The existing buildings accommodate the now vacant former Clachan public house on the ground floor and a total of 4 flats. Full planning permission was first approved in 2007 for the demolition of the existing buildings and the erection of a new building to form 8 flats, restaurant and public house. Condition 1 was varied in 2013 that extended the permission until 31st January 2016. The applicant is now seeking a further variation to again extend the time for the implementation of the consent. The application was submitted prior to the expiry of the 2013 permission. SITE HISTORY 06/02739/FUL Demolition of existing buildings and erection of new building to form 8 flats, restaurant and public house 23 April 2007 Application Withdrawn 07/01079/FUL Demolition of existing buildings (residential and public house) and erection of a new building (eight residential units, restaurant and public house) 18 February 2008 Application Permitted 12/02031/FLL Modification of consent 07/01079/FUL - amend condition 1 (Demolition of existing buildings (residential and public house) and erection of a new building (eight residential units, restaurant and public house) 23 January 2013 Application Permitted PRE-APPLICATION CONSULTATION Pre application Reference: 14/00580/PREAPP 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. 66 of 124
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3 DEVELOPMENT PLAN The Development Plan for the area comprises the TAYplan Strategic Development Plan 2012-2032 and the Perth and Kinross Local Development Plan 2014. TAYplan Strategic Development Plan 2012 – 2032 - Approved June 2012 Whilst there are no specific policies or strategies directly relevant to this proposal the overall vision of the Tay Plan should be noted. The vision states “By 2032 the TAYplan region 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 and visit and where businesses choose to invest and create jobs.” Perth and Kinross Local Development Plan 2014 – Adopted February 2014 The Local Development Plan is the most recent statement of Council policy and is augmented by Supplementary Guidance. The principal policies are, in summary: Policy PM1A - Placemaking Development must contribute positively to the quality of the surrounding built and natural environment, respecting the character and amenity of the place. All development should be planned and designed with reference to climate change mitigation and adaption. Policy PM1B - Placemaking All proposals should meet all eight of the placemaking criteria. Policy PM2 - Design Statements Design Statements should normally accompany a planning application if the development comprises 5 or more dwellings, is a non-residential use which exceeds 0.5 ha or if the development affects the character or appearance of a Conservation Area, Historic Garden, Designed Landscape or the setting of a Listed Building or Scheduled Monument. Policy HE3A - Conservation Areas Development within a Conservation Area must preserve or enhance its character or appearance. The design, materials, scale and siting of a new development within a Conservation Area, and development outwith an area that will impact upon its special qualities should be appropriate to its appearance, character and setting. Where a Conservation Area Appraisal has been undertaken the details should be used to guide the form and design of new development proposals. Policy HE3B - Conservation Areas There is a presumption against demolition of buildings within a Conservation Area and in favour of retention and restoration. Proposals for demolition should be accompanied by a detailed application for the replacement development. 67 of 124
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4 Policy RC2 - Perth City Centre Secondary Uses Area Within the area identified, a mix of appropriate uses including shops (particularly small specialist shopping units), residential, offices, restaurants, pubs and clubs will be encouraged. Policy EP2 - New Development and Flooding There is a general presumption against proposals for built development or land raising on a functional flood plain and in areas where there is a significant probability of flooding from any source, or where the proposal would increase the probability of flooding elsewhere. Built development should avoid areas at significant risk from landslip, coastal erosion and storm surges. Development should comply with the criteria set out in the policy. Policy EP8 - Noise Pollution There is a presumption against the siting of proposals which will generate high levels of noise in the locality of noise sensitive uses, and the location of noise sensitive uses near to sources of noise generation. OTHER POLICIES Supplementary Guidance – Developer Contributions Perth Conservation Area Appraisal CONSULTATION RESPONSES Community Waste Advisor - Environment Service It is recommended that the developer incorporate a bin storage area into the plans. It is further recommended that the developer consult the Community Waste Team at the time of submitting more detailed plans to discuss the provision of waste and recycling bins so that appropriate storage is provided for residents and businesses. Environmental Health No objection subject to conditions. Perth And Kinross Area Archaeologist No comment. Previous archaeological condition would apply. REPRESENTATIONS The following points were raised in the one representation received: Concern that if the time to implement the planning permission is extended no action will be taken by the owner to demolish what is a dangerous building. 68 of 124
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5 ADDITIONAL STATEMENTS RECEIVED: Environment Statement Not Required Screening Opinion Not Required Environmental Impact Assessment Not Required Appropriate Assessment Not Required Design Statement or Design and Access Statement Not Required Report on Impact or Potential Impact eg Flood Risk Assessment Not Required APPRAISAL Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997 require that planning decisions be made in accordance with the development plan unless material considerations indicate otherwise. The Development Plan for the area comprises the approved TAYplan 2012 and the adopted Perth and Kinross Local Development Plan 2014. 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 The site is within the Perth Conservation Area and within an area designated as being for city centre secondary uses. This supports business uses as well as residential. The original permission was approved before the site was part of the Conservation Area although its setting in relation to listed buildings has not changed. Design and Layout The proposal is for the demolition of the existing buildings and the erection of a new building to form 8 flats, a restaurant and public house. There have been no changes to the detail of the proposal. The original scheme was prepared a number of years ago and there is some doubt as to whether this will be the scheme that is ultimately constructed on the site. There have been discussions with the landowners about the possibility of extending the site to include the adjacent Quality Café building. However the applicant wishes to keep this permission live. If the permission lapses an application for Conservation Area Consent would be required for the demolition. It is unfortunate that three years has passed since the previous extension of time was granted and little progress has been made with implementing the permission. The building has further deteriorated. The applicant is in discussions with possible developers and has indicated that he does not require another three years to implement the consent. So that something is able to happen soon but to ensure that 69 of 124
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6 works are not delayed I suggest that the time of the planning permission be extended for another twelve months until 31st March 2017. It would be a straightforward matter for the applicant to undertake works to commence development and I would be reluctant to agree to any further extension of time as part of the building is dangerous and requires imminent demolition. A representation expressing concern that if the time to implement the planning permission is extended no action will be taken by the owner to demolish what is a dangerous building. Whilst I would sympathise with this view I believe that a reasonable compromise is to extend the consent for a short time to try to stimulate work on the site. As the possibilities of a larger site being developed it is likely that a new planning permission would be required before any works start on site and that whether the existing consent is extended or not will, in reality, make little difference. Landscape There have been no changes to the site proposals in terms of any landscaping proposed. There are trees in the adjacent site that would need to be protected during demolition. I intend to attach an informative note in relation to these. Residential Amenity There have been no changes to the design of the scheme. The planning conditions include a number of conditions required to safeguard residential amenity. These would be repeated on any new permission. Environmental Health has commented and suggested similar conditions as previously. As the application is only for variation of condition 1 I do not intend to amend the conditions to fully reflect this recent consultation but am satisfied that the existing conditions are sufficient to safeguard residential amenity. Visual Amenity This was previously considered and there have been no changes to the scheme. Roads and Access The proposal does not include any parking provision due to its location within the city centre. Any new planning application on the site may be required to at least incorporate some cycle parking provision and would be assessed in terms of the current guidance in terms of the National Roads Development Guide. Drainage and Flooding No issues have been identified with regard to drainage or flooding matters. Developer Contributions The Developer Contributions Guidance is not applicable to this application and therefore no contributions are required in this instance. 70 of 124
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7 Economic Impact The site is currently unsightly and has been unused for many years. Development would help improve the area and potentially have a positive economic impact. Conclusion In conclusion, the application must be determined in accordance with the adopted Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with the approved TAYplan 2012 and the adopted Local Development Plan 2014. I have taken account of material considerations and find none that would justify overriding the adopted Development Plan. On that basis the application is recommended for approval subject to conditions. APPLICATION PROCESSING TIME The recommendation for this application has been made within the statutory determination period. LEGAL AGREEMENTS None required. DIRECTION BY SCOTTISH MINISTERS None applicable to this proposal. RECOMMENDATION Approve the application Conditions and Reasons for Recommendation 1 Consent is hereby granted until 31st March 2017. Reason - In the interests of visual amenity and to ensure the development is carried out within a reasonable period of time. 2 The proposed development must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed on the planning permission. Reason - To ensure that the development is carried out in accordance with the plans approved. 3 No development shall take place within the site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by Perth and Kinross Heritage Trust, and approved by the Planning Authority. 71 of 124
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8 Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with Perth and Kinross Heritage Trust. Reason - The site lies within an area which is archaeologically sensitive. 4 A sample of all the external finishing materials shall be submitted for the approval of the Planning Authority prior to the commencement of the development. The external finishing materials as approved shall be implemented prior to the occupation and or use of the development. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. 5 All living and sleeping apartments facing north shall be fitted with high performance double glazing or secondary glazing likely to reduce internal noise levels to below 35dB(A), which is the night-time standard in PAN 56. Reason - To ensure the occupants of the proposed flats are not subject to noise disturbance from adjacent uses outwith the building or from the commercial elements of the proposal. 6 The soundproofing of the commercial units of the application premises and the control of all amplified sound generated therein (including music, speech, electronic video games or other amusement machines) shall be such that no amplified sound is audible within neighbouring residential properties (including those contained within the application premises). Reason - To ensure the occupants of the proposed flats are not subject to noise disturbance from adjacent uses outwith the building or from the commercial elements of the proposal. 7 The hours of operation of the external terraces associated with the public house and restaurant shall be restricted to 08:00 hrs - 22:00 hrs. Reason - To ensure the occupants of the proposed flats are not subject to noise disturbance from adjacent uses outwith the building or from the commercial elements of the proposal. 8 An effective ventilation system commensurate with the nature and scale of cooking to be undertaken shall be installed, operated and maintained, within the commercial areas, such that cooking odours are not exhausted into or escape into any neighbouring dwellings. Reason - To ensure the occupants of the proposed flats are not subject to noise disturbance from adjacent uses outwith the building or from the commercial elements of the proposal. 72 of 124
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9 9 All plant or equipment including any ventilation system associated with operation of the commercial areas be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed International Standards Organisation (ISO) Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential premises, with all windows slightly open, when measured and/ or calculated and plotted on an ISO rating curve chart. Reason - To ensure the occupants of the proposed flats are not subject to noise disturbance from adjacent uses outwith the building or from the commercial elements of the proposal. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1 The applicant should note that the Council would be unlikely to support any further request for an extension of time 2 The developer is advised to contact Ms Sarah Malone to discuss terms of reference for archaeolgocial work required Tel 01738 477080. 3 It is recommended that the developer incorporate a bin storage area into the plans. It is further recommended that the developer consult the Community Waste Team to discuss the provision of waste and recycling bins so that appropriate storage is provided for residents and businesses. 4 The applicants are reminded of the duty imposed on them by Sections 4 and 5 and 7 to 8A of the Chronically Sick and Disabled Persons Act, 1970 requiring any person providing premises (including sanitary conveniences) which are to be open to the public to make provision, where reasonable and practicable, for the means of access and parking to be designed to meet the needs of disabled people, with appropriate signposting and indicating the availability of the facilities. Your attention is drawn specifically to the BSI Code of Practice on Access for the Disabled to Buildings 8BS5810:1979). 5 No work shall be commenced until an application for building warrant has been submitted and approved. 6 Please consult the Street Naming and Numbering Officer, The Environment Service, Perth and Kinross Council, Pullar House, 35 Kinnoull Street, Perth PH1 5GD 7 Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the planning authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under section 123(1) of that Act, which may result in enforcement action being taken. 73 of 124
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10 8 As soon as practicable after the development is complete, the person who completes the development is obliged by section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. 9 This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013.The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: Displayed in a prominent place at or in the vicinity of the site of the development Readily visible to the public Printed on durable material. 10 There are trees on the adjacent site with root protection areas that may be affected by the proposed development. The developer should ensure that the works comply with BS 5837 2012: Trees in Relation to Design, Demolition and Construction in terms of tree retention and protection whilst construction works are ongoing. Procedural Notes It should be noted that due to the condition of the building and its prominent location it would be unlikely that a request for any further extension of time would be supported. PLANS AND DOCUMENTS RELATING TO THIS DECISION 07/01079/FUL/1 07/01079/FUL/2 07/01079/FUL/3 07/01079/FUL/4 07/01079/FUL/5 07/01079/FUL/6 07/01079/FUL/7 07/01079/FUL/8 16/00076/1 Date of Report 17.03.2016 74 of 124
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4(i)(b) LRB-2022-34 LRB-2022-34 22/00751/IPL – Erection of a hotel (in principle), 10-12 and 14 South Methven Street, Perth, PH1 5PE PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS (part included in applicant’s submission, pages 21-60) 77 of 124
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REPORT OF HANDLING DELEGATED REPORT Ref No 22/00751/IPL Ward No P12- Perth City Centre Due Determination Date 9th July 2022 Draft Report Date 13th June 2022 Report Issued by JW Date 13 June 2022 PROPOSAL: Erection of a hotel (in principle) LOCATION: 10-12 And 14 South Methven Street Perth 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: 1st June 2021 SITE PHOTOGRAPHS 83 of 124
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BACKGROUND AND DESCRIPTION OF PROPOSAL Planning permission in principle is sought for the erection of a hotel at 10-12 and 14 South Methven Street within the Conservation Area in central Perth. The proposal includes indictive plans indicating the erection of a 27-room hotel and includes a public house and restaurant. The public house, restaurant and kitchen will be located on the ground and basement floors with the bedrooms being located on the upper floors. The site is located within the centre of Perth and fronts onto South Methven Street, between High Street and Mill Street. The category B listed, former Sharpe's Institute and its courtyard, lies immediately to the north and east. The site comprises a traditional two-storey residential building at the rear and a three-storey traditional building with accommodation in the attic with a single storey, flat-roofed linking structure in between. Part of the existing buildings accommodated the now vacant former Clachan public house on the ground floor and a total of 4 flats. A set of indicative plans have been submitted which show a proposed hotel located at the northern end of the site. The elevational drawings provide limited information on the design, form and scale of the proposed development. The application site is bound by South Methven Street to the west, to the south by a category B listed building at 16 South Methven Street, to the east are the rear elevations of buildings which front onto High Street. To the north is an open car parking area for 6 and 8 South Methven Street which is also a category B listed building and is currently occupied by a public house. It is understood that the existing buildings on site are buildings at risk and a Dangerous Buildings Notice has recently been served on the owners under the Buildings Scotland Act which requires the demolition of the buildings. It should be noted that this notice is served under the Buildings Scotland Act and therefore has no relevance to the consideration of this planning application. No detailed supporting information has been submitted with the application to support demolition and no Conservation Area Consent application has been 84 of 124
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submitted, which is a requirement where demolition within a Conservation Area is proposed. Planning permission was previously granted on this site for the demolition of buildings and the erection of 8 residential units, restaurant and public house in 2007 (07/01079/FLL), extended in 2012 (12/02031/FLL) and then again in 2016 (16/00076/FLL). The most recent permission expired on 31st March 2017. An application for a similar planning permission in principle application was refused in June 2021 (21/00618/IPL) due to the lack of justification for demolition of the existing buildings, impact on the setting of adjacent listed buildings, the lack of an ecological survey, lack of a noise impact assessment and the lack of a Flood Risk Assessment. SITE HISTORY 06/02739/FUL Demolition of existing buildings and erection of new building to form 8 flats, restaurant and public house 23 April 2007 Application Withdrawn 07/01079/FUL Demolition of existing buildings (residential and public house) and erection of a new building (eight residential units, restaurant and public house) 18 February 2008 Application Approved 12/02031/FLL Modification of consent 07/01079/FUL - amend condition 1 (Demolition of existing buildings (residential and public house) and erection of a new building (eight residential units, restaurant and public house) 23 January 2013 Application Approved 16/00076/FLL Variation of condition 1 of permission 12/02031/FLL (Modification of 07/01079/FUL - Demolition of buildings and erection of eight residential units, restaurant and public house) to extend the time period for the commencement of development 18 March 2016 Application Approved 21/00618/IPL Erection of a hotel (in principle) 2 July 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). 85 of 124
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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.” Perth and Kinross Local Development Plan 2 – Adopted November 2019 The Local Development Plan 2 (LDP2) is the most recent statement of Council policy and is augmented by Supplementary Guidance. The principal policies are: Policy 1A: Placemaking Policy 1B: Placemaking Policy 2: Design Statements Policy 5: Infrastructure Contributions Policy 6: Settlement Boundaries Policy 11: Perth City Centre Secondary Uses Area Policy 16: Social, Cultural and Communities Facilities Policy 26B: Scheduled Monuments and Archaeology: Archaeology Policy 27A: Listed Buildings Policy 28A: Conservation Areas: New Development Policy 28B: Demolition within Conservation Areas Policy 41: Biodiversity Policy 52: New Development and Flooding Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 56: Noise Pollution Policy 57: Air Quality 86 of 124
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Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals OTHER POLICIES Developer Contributions and Affordable Housing Supplementary Guidance CONSULTATION RESPONSES Transport Planning – no objection Development Contributions Officer – condition recommended Environmental Health (Noise Odour) – Noise Impact Assessment and Air Quality Screening required. Structures And Flooding – no objection Commercial Waste Team – waste bin storage facilities required to be accommodated in design Conservation Team – lack of justification for demolition, impact on setting of listed buildings and character of Conservation Area Bio Diversity Officer – no response within statutory period EXTERNAL Scottish Water – no objection Perth And Kinross Heritage Trust – condition recommended to ensure archaeological investigation and standing building survey REPRESENTATIONS None received 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 Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Supporting Statement 87 of 124
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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) (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 The application site is located within an area designated for City Centre (Secondary Uses) in the Perth and Kinross Council Local Development Plan 2019 (LDP2). Policy 11 applies which states that the Council will encourage a mix of appropriate uses including shops, residential, offices, cultural facilities. The proposal for a hotel use within the City Centre is considered to be acceptable in principle and meets the requirements of policy 11 of the LDP2. Policy 28B seeks to ensure that new development preserves or enhances the character and appearance of the Conservation Area. Other relevant policies include 1A and B which relate to placemaking and require new development to respect its surroundings in terms of appearance, height and scale and respect existing building lines amongst other criteria. As the site is located within the centre of Perth, the principle of development is considered to be acceptable. The paragraphs below will provide an assessment of the relevant criteria above and associated LDP2 policies. The site is within the city centre of Perth as identified in the LDP2. Policy 28B and paragraphs 143-144 of Scottish Planning Policy (SPP) 2014 state that there is a presumption against the demolition of buildings within a Conservation Area and in favour of retention and restoration and that any proposals for demolition should be accompanied by a detailed application for the replacement development. Whilst permission was previously granted for the demolition of 10-12 South Methven Street this permission has now expired. Historic Environment Scotland's Historic Environment Policy for Scotland (HEPS) April 2019 is also a material consideration. This is a much more compact document in comparison with the previous Scottish Historic Environment Policy (SHEP 2016). HEPS contains wide ranging policies and guidance on managing the historic environment, including understanding the benefits of the historic environment and its 88 of 124
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promotion. It also states that, should detrimental impact on the historic environment be unavoidable, steps should be taken to minimise the impact and demonstrate that alternatives have been explored. HES have published separate guidance relating to Conservation Areas called "Managing Change - Guidance on Conservation Areas" dated 25 April 2019 where paragraphs 16-20 refer to demolition. Paragraph 17 requires Planning Authorities to take into account the importance of the building to the character and appearance of the Conservation Area and the proposals for future use of the cleared site. Paragraph 18 states that a "positive attempt should always be made by the Planning Authority to achieve its retention, restoration and sympathetic conversion to some other compatible use". Paragraph 19 states that "in some cases, demolition may be thought appropriate.......if its structural condition rules out its retention at reasonable cost". It goes on to state that "where demolition is to be followed by re-development of the site, consent to demolish should in general be given only where there are acceptable proposals for the new building". Cultural Heritage/Design and Layout This part of Perth is characterised by a mixture of building types. South Methven Street is characterised by three and four storey commercial and residential development. There are differing styles in the immediate area with some buildings relatively simple in their architectural style whereas nearby listed buildings are more decorative in their architectural style. The site is on one of the busiest main routes in the city and its position next to the set back 6 and 8 South Methven Street increases the sensitivity of the site. The site is located within the Perth Conservation Area and adjacent to category B listed buildings. The proposal relates to the erection of a new build hotel, albeit the proposal is only in principle. A set of indicative elevations have been submitted and these are more detailed than the previous refusal. The proposals would suggest that the existing buildings are proposed for demolition, however, no application for Conservation Area Consent for the demolition of the existing buildings has been submitted. Policy 28B of the Perth and Kinross Council Local Development Plan 2019 is relevant in this instance and states that the Council will give careful consideration to the merits of a building and its contribution to the character and appearance of the Conservation Area. Where a building is considered to be of value, either by itself or as part of a group, there will be a presumption in favour of its retention, restoration for an appropriate use. The existing buildings are considered to be of merit and contribute to the street scene within this part of the Conservation Area, although it is appreciated that permission has previously been granted for the demolition of 10-12 South Methven Street but this has now expired. It is also noted that a Dangerous Buildings Notice has been served given the poor condition of the buildings and that this seeks for the buildings to be demolished. The applicant has submitted a copy of the Dangerous Buildings Notice as evidence to support the demolition of the buildings. The submission makes reference to a structural survey carried out by the Council which resulted in the preparation of the Dangerous Buildings Notice but this survey has not been submitted with the application. 89 of 124
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Furthermore, an application for Conservation Area Consent has not been submitted to support demolition of the existing buildings on site as is required by policy and as was clearly indicated as a requirement as part of the recent refusal on this site. The approval of this planning application would require the demolition of the existing buildings and it has been established that the demolition has not been sufficiently justified in accordance with LDP2 policy 28B and Historic Environment Scotland (HES) guidance as the correct application type has not been submitted by the applicant to enable consideration of demolition. Whilst it is accepted that the buildings are in poor condition, it is the applicant's responsibility to submit sufficiently detailed supporting information and the correct application to justify demolition and this is not the case with this submission. Policy 28A relates to new development and states that development within a Conservation Area must preserve and enhance the character and appearance of the Conservation Area. It goes on to state that applications for Planning Permission in Principle will not be considered acceptable without detailed plans, including elevations, which show the development in its setting. Policy 27A of the LDP2 relates to listed buildings and states that the layout, design, materials, scale, siting and use of any development which will affect a listed building or its setting should be appropriate to the buildings character, appearance and setting. In this instance a set of basic elevational drawings have been submitted although these are more detailed than those previously submitted. These indicate that the proposed building is to extend to 15.3m in height with "natural stone cladding" proposed on the elevations and on the roof. It is not clear how it would be possible to clad a sloping roof in natural stone. The elevation provides more detail on how the proposed building will sit within its setting and the adjacent listed buildings to the south. Whilst more detail has been provided the building is still of significant scale and the design and form of the elevations are considered to have a detrimental impact on the setting of the category B listed 6 and 8 South Methven Street given the open nature of the north elevation and the fact that the elevation will front onto the car park located adjacent to the listed building. The indicative proposal is therefore considered to be an overdevelopment of the site, detrimentally impacting upon the character of the Conservation Area, contrary to policy 28A of the LDP2. The elevations also show the retention of the adjacent building at 14 South Methven Street (Quality Cafe) but it is understood that the two buildings are interlinked and it would not be possible to demolish 10-12 South Methven Street without significant damage to 14 South Methven Street. Ultimately the plans are indicative only and are not of sufficient detail to enable a proper assessment of the impact which the development would have on adjacent listed buildings and the wider character of the Conservation Area. The Dangerous Buildings Notice requires the demolition of 14 South Methven Street but this is still shown on the indicative plans. It has not been demonstrated in the submission how this could be achieved and therefore there are inconsistencies in the submission which require to be addressed. While it is accepted that both buildings are in poor condition and there is potential for redevelopment of the site, the information submitted is insufficient to assess the current proposal. 90 of 124
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The lack of sufficiently detailed information regarding the design, materials and form of the building and the information provided in the indicative plans suggest that the proposed building would be of detriment to the setting of the listed buildings to the north and south of the site, together with impacting detrimentally on the character and appearance of the Perth Conservation Area, contrary to policies 27A and 28A of the LDP2. Should the developer wish to proceed with a proposal on this site, a detailed planning application should be made with appropriate supporting information. A Conservation Area Consent application, with detailed justification for the demolition of the existing buildings on site, including a structural survey would also be required so both applications can be considered concurrently as required by policy. The Conservation Area Consent application also requires to explain how the buildings on the application site can be demolished whilst retaining 14 South Methven Street if that is the intention or alternatively should propose demolition for the entire site. These requirements were identified in the Report of Handling for the previous application but the advice has not been taken by the applicant. Residential Amenity/Noise The planning system has an important role to play in preventing and limiting noise pollution. Although the planning system cannot tackle existing noise problems directly, it has the task of guiding development to the most suitable locations and regulating the layout and design of new development. The noise implications of development can be a material consideration in determining applications for planning permission. There is the potential for noise from the daily operations of the hotel, musical entertainment and from fixed plant noise e.g., air conditioning units, kitchen extraction systems and refrigeration units which could disturb residential amenity. There is reference to noise generation in the submission. The applicant's supporting statement makes reference to a proposal for residential apartments and outlines conditions which were applied to previous approvals on the site. The previous permissions on the site principally involved the erection of residential flats which is not proposed as part of this application. The proposal now involves a hotel which has very different noise generation characteristics which require to be considered through an NIA as indicated in the previous refusal. The applicant needs to submit a noise impact assessment as required by Policy 56 of the LDP2. This was identified as a requirement during assessment of the previous refusal. As no Noise Impact Assessment has been submitted the proposal is contrary to Policy 56 of the LDP2. Bio Diversity The existing buildings may be habitat to protected species and the new development will require the demolition of the existing buildings which could potentially destroy habitat. Policy 41 states that the Council will seek to protect and enhance all wildlife habitats. Given that the buildings have been out of use for some time it is likely that they will be habitat to protected species and a survey is required in order to demonstrate the extent of impact and propose mitigation. It is accepted that this may not be possible given the structural condition of the building. However, as no survey has been submitted and no justification for not preparing a survey has been submitted the proposal is contrary to Policy 41 of the LDP2. The applicant makes reference to the previous applications on this site not requiring an ecology survey but this in itself is not sufficient justification to depart from policy. 91 of 124
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Air Quality The development is within Perth's Air Quality Management area and there is no indication with regards to parking and as such the applicant needs to submit an air quality screening assessment in line with Perth and Kinross Councils Air Quality and Planning Supplementary Guidance (2020) to determine if a detailed Air quality impact Assessment is required. Given the recommendation of refusal, this information has not been requested. Traffic and Parking As no detailed information on the size of the hotel and number of bedrooms has been submitted it is not possible to ascertain the level of car parking required for the site and this can only be determined should a full application be submitted. Transport Planning have been consulted and offered no objection subject to conditions. Policy 60B of the LDP2 and the National Roads Development Guide are relevant in considering detailed access arrangements and parking for the site. Perth and Kinross Structures have indicated that the basement level of the proposed building appears to extend towards the public road and that due to the proximity to the public road, loading requires to be considered for the building. Technical approval during construction is also likely to be required. As the plans are indicative and the recommendation is for refusal there is no intention to investigate this matter further at this point. Archaeology The site is archaeologically sensitive as it is located within the historic core of the medieval burgh of Perth. Perth and Kinross Heritage Trust (PKHT) have been consulted and recommended a condition to ensure a detailed archaeological investigation is undertaken, together with a standing building survey to meet the requirements of SPP and Policy 26B of the LDP2. Developer Contributions The Council Transport Infrastructure Developer Contributions Supplementary Guidance requires a financial contribution towards the cost of delivering the transport infrastructure improvements which are required for the release of all development sites in and around Perth. The application falls within the identified Transport Infrastructure Supplementary Guidance boundary and a condition to reflect this should be attached to any planning permission in principle be granted. Waste Collection As the application is principle it is not possible to consider the detailed waste collection requirements for the hotel. A properly thought out waste/bin storage area will require to be integrated into the design of the hotel and this should be fully addressed within any detailed application. 92 of 124
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Flood Risk and Drainage The location of the proposed development is graded at low risk of river flooding and hotels are classed as a Highly Vulnerable Use. The previous application was refused given the lack of a Flood Risk Assessment (FRA). PKC Structures and Flooding have been re-consulted and have indicated that an FRA is no longer required. Economic Impact Whilst there is likely to be some economic benefit with the introduction of a hotel on this site, this is not considered to outweigh the various planning policy issues associated with the proposal as submitted. VARIATION OF APPLICATION UNDER SECTION 32A There have been no variations to the application. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS None required. DIRECTION BY SCOTTISH MINISTERS None applicable to this proposal. CONCLUSION AND REASONS FOR DECISION To conclude, the application must be determined in accordance with the adopted Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to be contrary to the Development Plan. Account has been taken of the relevant material considerations and none has been found that would justify overriding the adopted Development Plan. Accordingly the proposal is refused on the grounds identified below. Reasons for Refusal The proposal is contrary to Perth and Kinross Local Development Plan 2019 Policy 28B: Conservation Areas, as the proposal requires the demolition of buildings which are considered to be of value and would therefore have an adverse impact on the historic character and appearance of the Conservation Area. Insufficient supporting information has been submitted to demonstrate the buildings are beyond practical repair at reasonable cost. Furthermore, no Conservation Area Consent application has been submitted which is required where a proposal seeks demolition of a building within a Conservation Area. The proposal does not accord with the Scottish Planning Policy 2014 (paragraph 143) which indicates the importance of preserving and enhancing the character and appearance of a Conservation Area, and the presumption in favour of retaining any 93 of 124
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building that makes a positive contribution. The existing buildings are considered to make a positive contribution to the Conservation Area, and their demolition would not therefore preserve its character and appearance. Insufficient supporting information has been submitted to demonstrate the buildings are beyond practical repair at reasonable cost. Furthermore, no Conservation Area Consent application has been submitted which is required where a proposal seeks demolition of a building within a Conservation Area. The proposal is contrary to Historic Environment Scotland's Guidance "Managing Change - Guidance on Conservation Areas" April 2019 and Historic Environment Scotland's Historic Environment Policy for Scotland (HEPS) April 2019 which states that a "positive attempt should always be made by the Planning Authority to achieve its retention, restoration and sympathetic conversion" and "in some cases, demolition may be thought appropriate.......if its structural condition rules out its retention at reasonable cost". Insufficient supporting information has been submitted to demonstrate the buildings are beyond practical repair at reasonable cost. Furthermore, no Conservation Area Consent application has been submitted which is required where a proposal seeks demolition of a building within a Conservation Area. The proposal is contrary to Perth and Kinross Local Development Plan 2019 Policy 27A: Conservation Areas as the indicative plans which accompany the application fail to provide detailed information regarding the design, materials and form of the building to demonstrate that the building will respect the character and appearance of the Perth Conservation Area. The indicative plans which have been provided propose a building which is considered to be an overdevelopment of the site and which would have a detrimental impact on the character of the Conservation Area. The proposal does not accord with the requirements of Scottish Planning Policy 2014 (paragraph 141) which indicates the importance of preserving and enhancing a listed building and its setting. The setting of the adjacent listed buildings will not be preserved or enhanced by this proposal due to the inappropriate indicative design, scale and form of the proposed development. The submitted indicative elevations show the retention of the adjacent building at 14 South Methven Street (Former Quality Cafe) however the Dangerous Buildings Notice which has been submitted in support of demolition requires the demolition of 14 South Methven Street as it states that it is not possible to demolish the buildings at 10-12 South Methven Street without significant damage to 14 South Methven Street. Insufficient information has been submitted to demonstrate how this could be achieved. The proposal is contrary to Policy 41 of the Perth and Kinross Local Development Plan 2019 which seeks to ensure that wildlife and wildlife habitats will be protected. The building is potentially habitat to protected species and no ecology survey has been submitted to demonstrate any potential impact on protected species and how the impact will be appropriately mitigated. 94 of 124
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The proposal is contrary to Policy 56: Noise Pollution of the Perth and Kinross Council Local Development Plan 2019 as there is potential for noise from the daily operations of the hotel, musical entertainment and from fixed plant which could disturb residential amenity. A Noise Impact Assessment (NIA) is required in order to demonstrate the extent of noise impact from the hotel and no NIA has been submitted. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives None Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 05 06 07 08 09 10 11 12 13 14 95 of 124
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