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Item 4(ii) LRB-2022-35

Perth and Kinross Council · 24 October 2022
Back to Local Review Body — 24 October 2022 and its agenda

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4(ii)
LRB-2022-35
LRB-2022-35
22/00714/IPL – Erection of a dwellinghouse (in principle),
Sunnybrae, Windsole, Auchterarder, PH3 1PB
INDEX
(a) Papers submitted by the Applicant (Pages 127-168)
(b) Decision Notice (Pages 157-158)
Report of Handling (Pages 147-155)
Reference Documents (Pages 167-168)
(c) Representations (Pages 171-182)
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4(ii)(a)
LRB-2022-35
LRB-2022-35
22/00714/IPL – Erection of a dwellinghouse (in principle),
Sunnybrae, Windsole, Auchterarder, PH3 1PB
PAPERS SUBMITTED
BY THE
APPLICANT
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REPORT OF HANDLING 
DELEGATED REPORT 
Ref No 22/00714/IPL
Ward No P7- Strathallan
Due Determination Date 8th July 2022
Draft Report Date 13th June 2022
Report Issued by DN Date 13/06/2022  
PROPOSAL:  Erection of a dwellinghouse (in principle)    
LOCATION:  Sunnybrae Windsole Auchterarder PH3 1PB 
SUMMARY:  
This report recommends refusal of the application as the development is considered
to be contrary to the relevant provisions of the Development Plan and there are no
material considerations apparent which justify setting aside the Development Plan.  
SITE VISIT:  
In line with established practices, the need to visit the application site has been
carefully considered by the case officer.  The application site and its context have
been viewed by a variety of remote and electronic means, such as aerial imagery
and Streetview, in addition to photographs submitted by interested parties. 
This information has meant that, in this case, it is possible and appropriate to
determine this application without a physical visit as it provides an acceptable basis
on which to consider the potential impacts of this proposed development.  
SITE PHOTOGRAPHS 
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BACKGROUND AND DESCRIPTION OF PROPOSAL  
This application relates to a paddock of land located immediately adjacent to but out
with the settlement of Auchterarder. The site extends to the approximately 760sqm
and is positioned to the north of a linear grouping of three dwellinghouse. The site
presently contains two chicken huts and is entirely laid in grass. The south, east and
west boundaries are defined by established hedgerow and trees, whereas the
northern boundary is largely delineated with a post and wire fence.  
The applicant previously sought permission in 2006 and 2010, albeit on a larger site,
for the erection of a single dwellinghouse. On both occasions the applications were
refused as being contrary to the Housing in the Countryside Policy and the
subsequent appeals dismissed by the Reporters Unit. Then more recently in 2021 an
application was again submitted for the erection of a house in the same location but
on a smaller plot (Ref: 21/01744/IPL). This application was again refused as being
contrary to Policy 6 ‘Settlement Boundaries’ of LDP2.  
Planning permission in principle is again sought of the erection of a house within
same plot, as per the 2021 refusal. The reason of the resubmission is due to the
applicant failing to seek an appeal against the refusal to the Local Review Body
(LRB) within the specified timescales. Through this submission the applicant will
presumably seek to appeal the refusal to the LRB.  
The plans submitted are exactly the same as the 2021 application, with an indicative
plan submitted that proposes a 1.5 storey house of traditional design and finish
positioned centrally within the site and taking access from the access road to the
east. 
SITE HISTORY  
03/00011/FUL Erection of conservatory at 25 March 2003 Application Approved  
91/01503/FUL ERECTION OF 2 HOUSES & GARAGES AT 31 October 1991
Application Refused  
98/01065/FUL Alterations and extension to house at 10 September 1998 Application
Approved  
05/00504/FUL Extension to house 11 May 2005 Application Approved  
06/01858/OUT Erection of a dwellinghouse (in outline) 30 January 2007 Application
Refused  
10/01090/IPL Erection of a dwellinghouse (in principle) 15 November 2010
Application Refused  
21/01744/IPL Erection of a dwellinghouse (in principle) 30 November 2021
Application Refused    
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PRE-APPLICATION CONSULTATION  
None  
NATIONAL POLICY AND GUIDANCE  
The Scottish Government expresses its planning policies through The National
Planning Framework, the Scottish Planning Policy (SPP), Planning Advice Notes
(PAN), Creating Places, Designing Streets, National Roads Development Guide and
a series of Circulars.    
DEVELOPMENT PLAN  
The Development Plan for the area comprises the TAYplan Strategic Development
Plan 2016-2036 and the Perth and Kinross Local Development Plan 2 (2019).  
TAYplan Strategic Development Plan 2016 – 2036 - Approved October 2017  
Whilst there are no specific policies or strategies directly relevant to this proposal the
overall vision of the TAYplan should be noted.  The vision states “By 2036 the
TAYplan area will be sustainable, more attractive, competitive and vibrant without
creating an unacceptable burden on our planet. The quality of life will make it a place
of first choice where more people choose to live, work, study and visit, and where
businesses choose to invest and create jobs.”  
Perth and Kinross Local Development Plan 2 – Adopted November 2019  
The Local Development Plan 2 (LDP2) is the most recent statement of Council policy
and is augmented by Supplementary Guidance.  
The principal policies are:  
Policy 1A: Placemaking    
Policy 1B: Placemaking    
Policy 5: Infrastructure Contributions    
Policy 6: Settlement Boundaries    
Policy 19: Housing in the Countryside    
Policy 32: Embedding Low & Zero Carbon Generating Technologies in New
Development  
Policy 53B: Water Environment and Drainage: Foul Drainage  
Policy 53C: Water Environment and Drainage: Surface Water Drainage  
Policy 60B: Transport Standards and Accessibility Requirements: New Development
Proposals
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OTHER POLICIES  
National Roads Development Guide  
Developer Contributions and Affordable Housing Supplementary Guidance  
CONSULTATION  RESPONSES  
Scottish Water
No objection  
Development Contributions Officer
Conditions in relation Primary Education and Auchterarder A9 Junctions
contributions are required.  
Transport Planning
No objection subject to condition  
REPRESENTATIONS  
The following points were raised in the 1 representation received:  
• Impact of additional traffic on single track lane  
The above point is addressed in the report below.   
ADDITIONAL STATEMENTS  
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment Habitats Regulations AA Not
Required
Design Statement or Design and Access
Statement
Not Required
Report on Impact or Potential Impact eg Flood
Risk Assessment
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 and the adopted LDP2.  
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.    
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Policy Appraisal  
The local plan through Policy 6 ‘Settlement Boundaries’ specifies that development
will not be permitted, except within the defined settlement boundaries which are
defined by a settlement boundary in the Plan.  It goes onto state that development
which is located on sites which adjoining that boundary will only be accepted in
certain circumstances.   If the site lies out with a settlement boundary, the principle of
development is normally considered under Policy 19 Housing in the Countryside and
the associated Housing in the Countryside supplementary guidance.  However, in
this instance only Policy 6 ’Settlement Boundaries’ applies as the Housing in the
Countryside Guide under "category 1 - building groups" and "category 2 - infill sites"
makes it clear on pages 10 and 11 that:  
"proposals adjacent to and outwith a settlement which has a defined boundary in the
Local Development Plan 2 will be assessed under Policy 6 Settlement Boundaries
and not Policy 19 Housing in the Countryside".  
This particular fails to meet any of the categories within Policy 6 where development
may be accepted adjacent to settlement boundaries.  It is simply seeking to establish
the principle of a single house and does not involve rural business or diversification,
is not justified under operational need and no evidence of a shortfall in housing land
supply has been provided.  
The purpose of Policy 6 is to specifically to prevent the unplanned and ad hoc
expansion of those settlements which have a boundary identified in the Local
Development Plan.  This view is supported by other recent decisions where refusals
have been issued in similar circumstances as being contrary to Policy 6.  These
decisions have also been backed by the Council's Local Review Body upon appeal. 
It is therefore the established view of the Council to refuse applications adjacent to
settlement boundaries which is reflected in Policy 6 of LDP2.  
If the applicant does wish to pursue development on this site, the most appropriate
means to do so would be seek for an alteration of the settlement boundary through
review of the Local Development Plan. 
Given the information contained within the Housing in the Countryside Guide
regarding sites adjacent to settlement boundaries, there is no requirement to assess
this proposal against the Housing in the Countryside Guide 2020 (HiCG 2020) as the
guide makes it clear that Policy 6 ‘Settlement Boundaries’ is the relevant policy in
this instance. 
As outlined above, the proposal is contrary to Policy 6 ‘Settlement Boundaries’ and
therefore the principle of residential development fails to comply with the Perth and
Kinross Local Development Plan 2019.  
Design and Layout  
The applicant has submitted indicative elevational plans and a site layout plan. The
proposed house is a relatively modest 1.5 storey property of traditional design which
would not appear out of place within this rural context. The layout of the house within
the plot also doesn’t raise any particular issues in relation to garden space or
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access. However, this plan is purely indicative at this stage, and it would be upon the
submission of a detailed application that the design and layout of the proposed
house would be assessed in any detail.  
Landscape and Visual Impact  
It is considered that, in isolation, the development of this plot of land would not
necessarily result in a significant impact on the landscape character or visual
amenity of the area. That said, if approved it could lead to further similar proposals
for additional plots within the field to the north and beyond which would lead to
ribbon development along the existing access and potentially lead to coalescence
with the settlement of Auchterarder. This type of unplanned development would
potentially impact on the character and amenity of area. As such, it is considered
that the proposals are country to Policy 1A and 1B of LDP2.  
Residential Amenity  
The proposed development does not raise any concerns in relation to residential
amenity. The proposed plot would provide sufficient private amenity space and
would not introduce any significant levels of overlooking or overshadowing of the
neighbouring property.  
Roads and Access  
The site is presently accessed by a 350m long private single-track access that is
presently shared with the three existing houses adjacent to the site. It is noted that
concerns have been expressed regarding the impact of additional traffic from the
proposed house which could lead to difficulties in traffic passing on the existing
narrow track. Whilst the level of additional traffic generated by one additional house
is likely to be minimal, it is considered that additional passing places would be
beneficial given the apparent lack of any provision at present. It is therefore
recommended that should permission be granted; a condition is applied requiring the
provision of passing places at suitable locations along the existing access.  
Drainage and Flooding  
There are no known issues in relation to the flooding or drainage within the site. The
site is also not located within any areas at risk to a 1 in 200 year flood event, as per
SEPAs indicative flood maps.  
In regard to drainage, as this application is only in principle, there is no requirement
for this information at this early stage. However, the indicative site plan indicates that
provision will be made on site for a septic tank and soakaway arrangement and the
application forms indicate that surface water drainage will also be provided. 
As per the requirements of Policy 53B, the use of a private drainage system is
unlikely to be acceptable and all foul drainage should be connected into the public
drainage system that serves Auchterarder. 
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Conservation Considerations  
There are no issues or concerns in relation to conservation related matters.  
Natural Heritage and Biodiversity  
There are no issues or concerns in relation to natural heritage or conservation
related matters.  
Developer Contributions  
Education  
The Council Developer Contributions Supplementary Guidance requires a financial
contribution towards increased primary school capacity in areas where a primary
school capacity constraint has been identified. A capacity constraint is defined as
where a primary school is operating at over 80% and is likely to be operating
following completion of the proposed development, extant planning permissions and
Local Development Plan allocations, at or above 100% of total capacity.  
This proposal is within the catchment of Auchterarder Primary School. 
As this application is only "in principle" it is not possible to provide a definitive answer
at this stage however if this application were to be approved a condition should be
applied to ensure that any future detailed development complies with the
requirements of Policy 5 and its associated supplementary guidance.  
Transport Infrastructure – A9  
With reference to the above planning application the Council Developer
Contributions Supplementary Guidance requires a financial contribution from
developments within Auchterarder and the wider Strathearn housing market area
towards the cost of delivering the A9 junction improvements which are required in
the interests of safety.  
The application falls within the identified A9 junction improvements boundary and a
condition to reflect this should be attached to any planning application granted.  
Embedding Low & Zero Carbon Generating Technologies  
Policy 32 ‘Embedding Low & Zero Carbon Generating Technologies in New
Development’ of the recently adopted LDP2 states that all new buildings will be
required to demonstrate that at least 10% of the current carbon emissions reduction
set by Scottish Building Standards will be met through the installation and operation
of low and zero-carbon generating technologies. It further specifies that a statement
must be submitted demonstrating compliance with this requirement.  
As this application is only in principle, there is no requirement for this information at
this early stage. However, if permission were to be granted, a condition would be
required to ensure that adequate measures are submitted as part of any detailed
submission.
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Economic Impact  
The economic impact of the proposal is likely to be minimal and limited to the
construction phase of the development.  
VARIATION OF APPLICATION UNDER SECTION 32A 
This application was not varied prior to determination.  
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.    
Conditions and Reasons 
The proposed development is contrary to Policy 6 'Settlement Boundaries' of the
Perth and Kinross Council Local Development Plan 2019 which seeks to prevent the
unplanned and ad hoc expansion of those settlements which have a boundary
identified in the Local Development Plan.    
The proposed development is contrary to Policies 1A and 1B ‘Placemaking’ of the
Perth and Kinross Local Development Plan 2019 as the proposed development
would not contribute positively to the quality of the surrounding area in terms of
character or amenity and could lead to ribbon development which would be to the
detrimental of the visual amenity of the area and impact on the rural landscape
character of this edge of settlement location.  
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
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Procedural Notes  
Not Applicable.    
PLANS AND DOCUMENTS RELATING TO THIS DECISION  
01  
02
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4(ii)(b)
LRB-2022-35
LRB-2022-35
22/00714/IPL – Erection of a dwellinghouse (in principle),
Sunnybrae, Windsole, Auchterarder, PH3 1PB
PLANNING DECISION NOTICE (included in
applicant’s submission, pages 157-158)
REPORT OF HANDLING (included in applicant’s
submission, pages 147-155)
REFERENCE DOCUMENTS (included in applicant’s
submission, pages 167-168)
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4(ii)(c)
LRB-2022-35
LRB-2022-35
22/00714/IPL – Erection of a dwellinghouse (in principle),
Sunnybrae, Windsole, Auchterarder, PH3 1PB
REPRESENTATIONS
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Mr Les Smith (Neutral)
Comment submitted date: Sat 21 May 2022
Since this planning application is similar to the last application submitted for this site (Ref
No 21/01744/IPL) our previous comment, which was noted on that occasion, still
applies. The access to the site is by a single lane track approximately 350 metres long,
which currently serves three houses. Our concern is that the extra traffic on this track
created by a fourth house might lead to an increased frequency of meeting on-coming
vehicles, and having to back-up.
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