Item 5(i) LRB-2022-13
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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5(i) LRB-2022-13 LRB-2022-13 21/02247/FLL – Alterations and extension to dwellinghouse, Meadows of Fungarth, Dunkeld INDEX (a) Papers submitted by the Applicant (Pages 567-590) (b) Decision Notice (Pages 593-594) Report of Handling (Pages 595-601) Reference Documents (Pages 579-584, 586 and 603- 609) (c) Representations (Pages 611-616) (c) Further Information (Pages 617-628) 565
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566
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5(i)(a) LRB-2022-13 LRB-2022-13 21/02247/FLL – Alterations and extension to dwellinghouse, Meadows of Fungarth, Dunkeld PAPERS SUBMITTED BY THE APPLICANT 567
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568
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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. <T 1PY :MQGEMH TUVHMR51?@ 1SGLMUIGUT :MQK 9EPIT A8 2VTMQITT 3IQUSI 6SMESURQ >H =ISUL =7) .4D '(-*. +-)'/' LIOOR0TUVHMR$IETU%GR%VN C C =ISUL " :MQSRTT 3RVQGMO )(&'))+-&6;; <IEHRWT RJ 6VQKESUL# 4VQNIOH# # =7. '5@ 1OUISEUMRQT " 5XUIQTMRQ UR 4WIOOMQKLRVTI ,UL 9EQ )')) ((UL 6IF )')) 569
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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: " " " " " 570
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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.
"'' $,,$%('& &+%-)'*,
#
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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 21#$ 1D98H?DC 2A8C 21#% -AD9@ 2A8CG 21#& /L?GH?C= .F8K?C=G 21#' 2FDEDG;: .F8K?C=G 21#( 2FDEDG;: /A;J8H?DCG &: 6?;K 21#) 2FDEDG;: 4>;: 21#* 4?H; 2>DHDG 21#+ 4IEEA;B;CH8FM 1D98H?DC 2A8C ,402 5;9>C?98A .8H8 .;G?=C 4H8H;B;CH 4H8H;B;CH D< 3;J?;K 7 7 7 +"'"%% 572
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Review Statement Planning Application Ref: 21/02247/FLL Alteration & Extension to Dwelling Meadows of Fungarth, Dunkeld, PH8 0ET Introduction This statement has been prepared in relation to the above planning application which was refused on 9th February 2022. The proposals include for the extension and renovation of an existing dilapidated dwelling in order to ]OM_\O S^h] _]O K] \O]SNOX^SKV accommodation and create a home suitable for modern living standards. The development will allow the young applicants, who have recently stretched themselves financially to purchase the site, to develop a long-term home, allowing them to make sustainable choices working from home and enjoying an outdoor and active lifestyle. The formation of a modest family home on this site will ensure the maintenance of the hitherto unkept grounds, its high amenity value and important part of the local built context. This report supports the application and dismisses the reasons for refusal, demonstrating the application should be approved due to compliance with local and national planning policy and guidance. During the course of the application, no opportunity was given for further discussion, resolution of concerns or opportunity to withdraw. It is also understood that no site visit was made and this would be important in assessment of the application. Reasons for Refusal The following \OK]YX] PY\ \OP_]KV KXN K]]O]]WOX^ aS^RSX ^RO MK]O YPPSMO\h] NOVOQK^ON \OZY\^ NY XY^ represent an adequate understanding of the proposals, wider site context and application of the stated policy/guidance: 1. The extension, by virtue of its raised eaves and ridge height would exceed the existing cottage, and its excessive proportions would result is an extension which has unacceptable scale, massing and inappropriate form, which dominates, overwhelms and overdevelops the modest proportions and traditional character of the existing cottage. 573
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Approval would therefore be contrary to Perth & Kinross Council's Placemaking Guide 2020 and Policies 1A and 1B(c) of the Perth and Kinross Local Development Plan 2 2019, which seek to ensure that proposals contribute positively to the quality of the built environment by respecting the existing scale, form, massing, design, proportions, height and appearance, in order to respect the character and amenity of the place. 2. The proposal contains lack of information in relation to drainage proposals, therefore, it is not possible to carry out an assessment of its impact on the Lunan Valley Catchment Area and the Tay Special Area of Conservation catchment. The proposal is therefore contrary to Policies 38A, 45A, 53A and 53B of Perth & Kinross Local Development Plan 2 2019 as no drainage specification has been provided, it has not been demonstrated that total phosphorous output does not exceed the level currently permitted, that there is a reduction in phosphorous output or that there is no adverse effect on the water environment. From the Case OPPSMO\h] \OZY\^ YP RKXNVSXQ) ^RO \OK]YX] PY\ \OP_]KV focus on the design of the extension, relationship to the existing cottage and overall height of the extension. Drainage details are also discussed. Therefore, the focus of the appeal is on the general design and drainage matters. Assessment Each of the above reasons for refusal will be addressed in turn below: E+41 1B>19=5:9$ .C @5<>?1 :2 5>= <-5=10 1-@1= -90 <5031 41534> A:?70 1B/110 >41 1B5=>593 /:>>-31$ -90 5>= excessive proportions would result is an extension which has unacceptable scale, massing and inappropriate form, which dominates, overwhelms and overdevelops the modest proportions and ><-05>5:9-7 /4-<-/>1< :2 >41 1B5=>593 /:>>-31%F Concept The design concept and overriding approach towards a sympathetic development appears to have been mis_XNO\]^YYN aS^RSX ^RO MK]O YPPSMO\h] KXKVc]S] YP ^RO Z\YZY]KV]+ The original cottage is only 35m2 and is not capable of providing living standards (in terms of space and facilities) suited to contemporary living. While pertaining to have 3 bedrooms, two of these are located in an attic space with a floor to ceiling height of approx. 1.5m. This is only suitable for storage purposes. The ground floor of the cottage also has limited ceiling heights, hence the proposal to remove a portion of the ceiling to create more useable space in the heart of the home. 574
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Design The design of the extension is very deliberate with a view to respecting the form and character of the existing cottage. A distinct separation between the extension and original cottage has been proposed in order to separate the two buildings. This juxtaposition preserves and enhances both the original and new parts of the house. HRO ]WKVV gVSXUh LO^aOOX ^RO MY^^KQO KXN Ob^Onsion results in minimal intervention with the existing cottage, further respecting and maintaining its character and integrity. The extension is simple in form, typical of any rural building, with the roofscape being uncluttered and free of dormers and other structures. It is to be finished with batten on board timber cladding, a material consistent with many other similar properties in the area and well suited within the landscape context. One and a Half Storey The extension has been designed as a one and a half storey structure (not two storey as mentioned in the Report of Handling) in order to provide the appropriate accommodation requirements. While the ridge height is higher than the existing cottage, a deliberate decision has been made to keep the overall heigh consistent with existing chimneys. This is a modest difference in height. The proposal of a one and a half storey structure also minimises the overall footprint of the development and is respectful of the small footprint of the cottage. If the proposals were to become a single storey structure, they would appear sprawling and over dominant of the cottage, utilising more of the site area. The Adopted Placemaking Guide states: iNew roof ridges should not normally exceed the height of the original. A new ridge line which is set lower than that of the original will generally be more acceptable.j HRO _]O YP ^RO ^O\W iXY\WKVVcj KXN iQOXO\KVVcj does not create a mandatory requirement for this. In this instance, a departure from this guidance should be deemed appropriate as the proposals are considered and deliberate in both design and reasoning. The Adopted Placemaking Guide also states: iIf the plot and original building can accommodate it, then a two storey extension may receive planning permission providing the design is satisfactory and there is no unacceptable loss of sunlight, daylight or privacy to adjoining properties.j Departure from the guide is proposed when there are material considerations. In this instance, the material considerations are the respect of the small footprint of the cottage and desire to avoid a sprawling and contained footprint. The site is large and can easily accommodate the proposed extension. 575
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There are many examples of domestic extensions, urban and rural, throughout Perthshire where ridge heights exceed the host dwelling. This is a strong precedent and there should be no reason to allow these structures and not the subject of this appeal. Principal Elevation There is no principal elevation to the existing cottage due to its rural location. The cottage is approached from the rear elevation with doors and windows focused on the private side of the property. The Ob^OX]SYX RK] LOOX NO]SQXON ^Y PY\W K iHj ]RKZO aS^R OR ObS]^SXQ MY^^KQO+ HRS] \ON_MO] ^RO ]SdO aROX viewed from both sides of the property, avoiding being over-dominant of one side or the other. Setting The case officer has made a correct assessment of the landscape setting and residential amenity. There is significant screening due to the woodland setting and the site cannot be seen from the road, surrounding properties or wider landscape. In summary, the proposals meet the guidance and set out within the Adopted Placemaking Guide and are in accordance with Policies 1A and 1B(c) of Perth & Kinross Local Development Plan 2 (2019), and other supplementary guidance. E+41 ;<:;:=-7 /:9>-59= 7-/6 :2 592:<8->5:9 59 <17->5:9 >: 0<-59-31 ;<:;:=-7=$ >41<12:<1$ 5> 5= 9:> ;:==5.71 to carry out an assessment of its impact on the Lunan Valley Catchment Area and the Tay Special Area :2 ':9=1<@->5:9 /->/4819>%F Section 5 of the Blairgowrie Lochs Special Area of Conservation states: iNew developments, conversions or extensions where the potential capacity to house people is being increased may impact on the Dunkeld - Blairgowrie SAC. If the proposed development lies in the catchment as shown by the red line on the map, you may be required to provide phosphorus mitigation for your developmentej This guidance does not give a mandatory requirement to provide this information and only suggests that further information may be required. Further information was not requested during the application process. The proposals relate to the extension of an existing 3 bedroom property to create a property that remains as 3 bedrooms. Therefore, there is no net increase in the burden on the existing drainage and the applicant should not be subject to the requirement for 125% phosphorous mitigation. This should Site Entrance Site 576
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be a significant material consideration in the application of policy and consideration should be given towards the fact that the proposals are not for new dwelling. Furthermore, the KZZVSMKX^h] intention is to make improvements to an older system, its condition not fully known. This will be by way of a new septic tank or treatment plant. Detailed design of this system will be undertaken by the project engineer once engaged. This approach should be merited as there is no obligation to make this improvement and it will bring about a net improvement in the existing drainage infrastructure. This is consistent with and meets the aims of Policy 53A Water Environment and 53B Foul Drainage within the Local Development Plan. The proposals ensure no reduction in permitted levels of water quality and seek to make improvements this is compliant with Policy 45A Lunan Lochs Catchment Area. The proposals also accord with Policy 38A as the proposals will not have a significant affect on the site and the proposals represent a sustainable development suited to the site and surrounding context. If further reassurance on the detailed design of the improved system (once undertaken by the project engineer) is deemed a requirement, this could be supplied by means of a condition associated with any planning approval. Summary An understanding of the proposals and nature of the requirement has been misunderstood during assessment. The assessment of policy and guidance against this application has been incorrectly applied and the proposals represent clear conformity with both Planning Policy, Placemaking and Supplementary Guidance documents. The proposals are for a modest, domestic development which is sensitive in size, character and materiality and maintains the integrity of the existing buildings. The design is considered and is respectful of the surrounding environmental and built context. There will also be net improvements to the site infrastructure. The high quality design, material palate and minimal impact of the design seeks to improve and enhance the visual amenity of the surrounding built context and create a useable and well-designed space to meet the current and future needs of the applicant. 5 April 2022 577
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103m Meadows of Fungarth 109m Ordnance Survey (c) Crown Copyright 2021. All rights reserved. Licence number 100022432 To Dunkeld To Butterstone Scale (@ A4) Date CLIENT PROJECT Project NumberREV King James VI Business Centre, Friarton Rd, Perth, PH2 8DY t: 01738 472090 e: hello@studio-east.co.uk PURPOSE OF ISSUE DRAWING NUMBER: This document and its contents are copyright of studioEAST. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is strictly prohibited except with our express written permission. DO NOT SCALE FOR CONSTRUCTION PURPOSES. ACCURACY OF THIS DRAWING IN PRINT FORM CANNOT BE GUARANTEED. IF IN DOUBT... ASK! 1 : 1250 A 21106 Meadows of Fungarth A. Kincaid & H. Fairclough Nov 21 PL-01 Planning Dunkeld, Perthshire, PH8 0ET 0 75m Scale 1:1250 10 25 50 579
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Meadows of Fungarth 109m 105m 102m Meadows of Fungarth 109m 105m 102m SCALE ( @ A2 ) PROJECT TITLE CLIENT King James VI Business Centre, Friarton Rd, Perth, PH2 8DY t: 01738 472090 e: hello@ studio-east.co.uk DRAW N BY PURPOSE OF ISSUE DATE PROJECT NUMBER This document and its contents are copyright of studioEAST. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is strictly prohibited except with our express written permission. DO NOT SCALE FOR CONSTRUCTION PURPOSES. ACCURACY OF THIS DRAW ING IN PRINT FORM CANNOT BE GUARANTEED. IF IN DOUBT... ASK! 1 : 500 Block Plans Meadows of Fungarth A. Kincaid & H. Fairclough PL-02 RG Nov 21 21106 Planning Dunkeld, Perthshire, PH8 0ET 1 : 500 Existing Block Plan 1 : 500 Proposed Block Plan Existing parking area w/ new recycled road planings surface New storage shed 0 20 40m Scale 1:500 10 30 Existing post and wire fence to boundary Existing gate and bellmouth Existing drive to receive new recycled road planings finish Existing post and wire fence to road FFL = 102.15m Path to front door Existing well and private water supply renovated by specialist w/ new treatment plant/filter by specialist Site Area: 4104m 2 No. Description Date A Client Comments 02.12.21 Mixed woodland and shrubbery as existing New septic tank installed on site 580
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13 m ² Bedroom 1 13 m² Living Room 7 m² Kitchen 14 m ² Bedroom 2 10 m² Bedroom 3 Scale Drawn by Date Project number This document and its contents are copyright of studioEAST. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is strictly prohibited except with our express written permission. DO NOT SCALE FOR CONSTRUCTION PURPOSES. ACCURACY OF THIS DRAW ING IN PRINT FORM CANNOT BE GUARANTEED. IF IN DOUBT... ASK! King James VI Business Centre, Friarton Rd, Perth, PH2 8DY t: 01738 472090 e: hello@ studio-east.co.uk Purpose of Issue Project: Client Sheet As indicated 21106 Meadows of Fungarth A. Kincaid & H. Fairclough Nov 21 RG PL-03 Existing Drawings Dunkeld, Perthshire, PH8 0ET Planning No. Description Date A Client Comments 02.12.21 B Planning Validation 05.01.22 1 : 50 Ground Floor Plan 1 : 50 First Floor Plan 1 : 100 East Elevation 1 : 100 South Elevation 1 : 100 West Elevation 1 : 100 North Elevation 0 1 2 3 4m Scale 1:50 0 5 8 m Scale 1:100 1 : 50 Existing Roof Plan 581
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30 m² Kitchen/Dining 7 m ² Utility 4 m² Porch 13 m² Bedroom 6 m² Bathroom 15 m² Living Room 7 m² Store AA PL-04 Floor above rem oved to form open ceiling, existing rooflights over New rooflight over New covered entrance form ed 2 m² WC New bi-folding doors to garden New opening form ed w/ lintol over to s.e spec. -new sliding door installed New fixed glazing to form link to extension Void over 12 m² Hall New wood-burning stove New air source heat pum p New tim ber fram ed glazing w/ lintol over to s.e spec. Existing doors handed and new fixed glass unit installed behind New tilt & turn internal window New tim ber fram ed double glazed sash and case units to m atch existing Existing tim ber floor replaced w/ new insulated solid floor G round level graded suitably around extension to ensure FG L -150m m below FFL - sm ooth render finish to new base course cup. 9 m² Store 4 m² Store AA PL-04 Low level window to bedroom Sliding doors to new balcony New rooflights over Floor rem oved to s.e spec. New rooflight over entrance Void form ed in floor New rooflights over New single ply roof Open ceiling form ed 11 m² Bedroom 1 10 m ² Hall 6 m² Bathroom 13 m² Master Bedroom M etal barrier w/ tim ber top rail New tim ber fram e glazing Existing stair retained 1 m² Store - --- 30 m² Kitchen/Dining6 m² Bathroom 10 m² Hall New conservation style rooflights to replace existing veluxes New conservation style rooflight to hall -joists clipped to s.e spec. New twin wall flue for woodburning stove New black UVPC rainwater goods New athracite grey ridged m etal roof cladding New velux M K06 rooflights -joists trim m ed to s.e spec. New single ply roof Bathroom extract flue Bathroom SVP Vent Scale Drawn by Date Project number This document and its contents are copyright of studioEAST. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is strictly prohibited except with our express written permission. DO NOT SCALE FOR CONSTRUCTION PURPOSES. ACCURACY OF THIS DRAW ING IN PRINT FORM CANNOT BE GUARANTEED. IF IN DOUBT... ASK! King James VI Business Centre, Friarton Rd, Perth, PH2 8DY t: 01738 472090 e: hello@ studio-east.co.uk Purpose of Issue Project: Client Sheet As indicated 21106 Meadows of Fungarth A. Kincaid & H. Fairclough Nov 21 RG PL-04 Proposed Drawings Dunkeld, Perthshire, PH8 0ET Planning No. Description Date A Client Comments 02.12.21 B Client Comments 15.12.21 C Client Comments 17.12.21 D Planning Validation 05.01.22 1 : 100 Proposed Ground Floor Plan 1 : 100 Proposed First Floor Plan 0 5 8 m Scale 1:100 1 : 50 Section AA 1 : 100 Proposed Roof Plan 582
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Scale Drawn by Date Project number This document and its contents are copyright of studioEAST. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is strictly prohibited except with our express written permission. DO NOT SCALE FOR CONSTRUCTION PURPOSES. ACCURACY OF THIS DRAW ING IN PRINT FORM CANNOT BE GUARANTEED. IF IN DOUBT... ASK! King James VI Business Centre, Friarton Rd, Perth, PH2 8DY t: 01738 472090 e: hello@ studio-east.co.uk Purpose of Issue Project: Client Sheet 1 : 100 21106 Meadows of Fungarth A. Kincaid & H. Fairclough Nov 21 RG PL-05 Proposed Elevations/ 3D View Dunkeld, Perthshire, PH8 0ET Planning No. Description Date A Client Comments 02.12.21 B Client Comments 15.12.21 1 : 100 Proposed North Elevation Fixed glazing unit between existing cottage and extension 1 : 100 Proposed East Elevation New white painted finish to existing outbuilding New door w/ toplight -lintol over to s.e spec. New black UVPC rainwater goods New tim ber fram ed bi-folding doors Vertical natural larch cladding Roof overhang to form covered entrance 1 : 100 Proposed South Elevation 1 : 100 Proposed West Elevation New tim ber fram ed glazing New conservation style rooflights to replace existing veluxes New conservation style rooflight to hall -joists clipped to s.e spec. New twin wall flue for woodburning stove Vertical natural larch cladding New white painted finish to existing outbuilding Fixed glazing unit between existing cottage and extension New black UVPC rainwater goods New vertical natural larch cladding New tim ber fram ed glazing w/ lintol over to s.e spec. New low level glazing to bedroom W hite painted finish to existing outbuilding New conservation style rooflights to replace existing veluxes New tim ber fram ed glazing w/ window over to s.e spec. New velux M K06 rooflights -joists trim m ed to s.e spec. New athracite grey ridged m etal roof cladding New velux M K06 rooflights -joists trim m ed to s.e spec. 0 5 8 m Scale 1:100 New balcony form ed -m etal barrier w/ tim ber top rail New air source heat pum p New tim ber fram ed double glazed sash and case units to m atch existing New tim ber fram ed double glazed side hung unit to m atch existing New twin wall flue to woodburning stove Rendered base course Rendered base course New twin walled flue to woodburning stove Vertical natural larch cladding Sm ooth render finish to base course New athracite grey ridged m etal roof cladding 583
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SCALE ( @ A2 ) PROJECT TITLE CLIENT King James VI Business Centre, Friarton Rd, Perth, PH2 8DY t: 01738 472090 e: hello@ studio-east.co.uk DRAW N BY PURPOSE OF ISSUE DATE PROJECT NUMBER This document and its contents are copyright of studioEAST. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is strictly prohibited except with our express written permission. DO NOT SCALE FOR CONSTRUCTION PURPOSES. ACCURACY OF THIS DRAW ING IN PRINT FORM CANNOT BE GUARANTEED. IF IN DOUBT... ASK! 1 : 100 Proposed Shed Meadows of Fungarth A. Kincaid & H. Fairclough PL-06 RG Nov 21 21106 Planning Dunkeld, Perthshire, PH8 0ET 1 : 100 Proposed Shed East Elevation No. Description Date A Client Comments 02.12.21 1 : 100 Proposed Shed South Elevation 1 : 100 Proposed Shed W est Elevation 1 : 100 Proposed Shed North Elevation 1 : 100 Proposed Shed Store Plan 1 : 100 Proposed Shed Store Roof Plan Open log store New sinusoidal metal cladding 0 5 8 m Scale 1:100 New timber frame windows w/ lintol over to s.e spec. New timber frame windows w/ lintol over to s.e spec. New ridged metal roof cladding New black UVPC rainwater goods Natural horizontal larch cladding Natural horizontal larch cladding New ridged metal roof cladding New timber framed solid doors 584
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Scale (@ A3) Drawn by Date Project number Purpose of Issue Project Sheet This docum ent and its contents are copyright of studioEAST. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is strictly prohibited except with our express written permission. DO NOT SCALE FOR CONSTRUCTION PURPOSES. ACCURACY OF THIS DRAW ING IN PRINT FORM CANNOT BE GUARANTEED. IF IN DOUBT... ASK! Client King James VI Business Centre, Friarton Rd, Perth, PH2 8DY t: 01738 472090 e: hello@ studio-east.co.uk Site Photos 21106 Meadows of Fungarth Nov 21 RG Planning PL-07 A. Kincaid & H. Fairclough Dunkeld, Perthshire, PH8 0ET No. Description Date 585
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Scale (@ A4) Date CLIENT PROJECT Project Number King James VI Business Centre, Friarton Rd, Perth, PH2 8DY t: 01738 472090 e: hello@ studio-east.co.uk PURPOSE OF ISSUE DRAW ING NUMBER: SHEET This document and its contents are copyright of studioEAST. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is strictly prohibited except with our express written permission. DO NOT SCALE FOR CONSTRUCTION PURPOSES. ACCURACY OF THIS DRAW ING IN PRINT FORM CANNOT BE GUARANTEED. IF IN DOUBT... ASK! 21106 Meadows of Fungarth A. Kincaid & H. Fairclough Nov 21 PL-08 Planning Supplementary Location Plan Dunkeld, Perthshire, PH8 0ET 0 Scale 1:10,000 100 200 400m 300 586
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Low Sound = Heat Pump Placement Flexibility One of the regulations under Permitted Development, is that the sound pressure level of an air source heat pump must not exceed 42dB(A) 1m from the neighbours nearest room (Assessment Position). With class leading sound power levels of just 58dB(A), the Ultra Quiet Ecodan air source heat pump can be located much closer to the assessment position and pass planning. This ultra quiet performance means you can now choose the most convenient location for your Ecodan, causing no disturbance to neighbours. ultraquietecodan.co.uk Annotation and Measurement Condition 1. Sound data was measured once unit operation was stable. 2. Sound reflection from ground and surrounding walls is not considered. Assessment Position Estimated Noise Levels Based on the distance from the outdoor unit 50 10 15 20 25 30 Distance from outdoor unit: L(m) SoundPressureLeveldB(A) New Model 1.5m 1m UNIT GROUND 55 50 45 40 35 30 25 20 15 PUHZ-W85VAA(-BS) PUHZ-W85VHA2 (-BS) 42 dB(A) PD* *Permitted Development 589
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590
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5(i)(b) LRB-2022-13 LRB-2022-13 21/02247/FLL – Alterations and extension to dwellinghouse, Meadows of Fungarth, Dunkeld PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS (part included in applicant’s submission, Pages 579-584 and 586) 591
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592
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593
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594
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REPORT OF HANDLING DELEGATED REPORT Ref No 21/02247/FLL Ward No P5- Strathtay Due Determination Date 4th March 2022 Draft Report Date 8th February 2022 Report Issued by KS Date 8th February 2022 PROPOSAL: Alterations and extension to dwellinghouse LOCATION: Meadows Of Fungarth Dunkeld PH8 0ET 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, satellite and StreetView imagery, 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 BACKGROUND AND DESCRIPTION OF PROPOSAL Meadows Of Fungarth is a small, detached cottage which is surrounded by woodland in a rural location approximately 2.5 kilometres northeast of Dunkeld. This application seeks detailed planning permission for a large extension to the west of 595
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the property, various minor alterations to the property itself and the installation of a new septic tank to the southeast of the house. A garden shed is also shown on the application drawings, although this would appear to benefit from permitted development rights. SITE HISTORY None PRE-APPLICATION CONSULTATION Pre application Reference: Not Applicable. 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 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy Policy 38A: Environment and Conservation: International Nature Conservation Sites – Tay Special Area of Conservation (SAC) catchment 596
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Policy 38B: Environment and Conservation: National Designations – River Tay National Scenic Area (NSA) Policy 38C: Environment and Conservation: Local Designations Policy 39: Landscape Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity Policy 45A: Lunan Lochs Catchment Area Policy 53A: Water Environment and Drainage: Water Environment Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage OTHER POLICIES AND GUIDANCE Perth & Kinross Council’s Placemaking Guide 2020 states that; “Extensions should respect the shape, scale and proportions of the existing building and relate to the roof pitch and original building depth… In most cases an extension should be a subordinate addition in all respects... New roof ridges should not normally exceed the height of the original. A new ridge line which is set lower than that of the original will generally be more acceptable. Side extensions ● Set back the extension from the frontage of the building to establish subordination to the existing building. ● Lower the roof ridge level on extensions to establish a separate identity to extension. CONSULTATION RESPONSES Scottish Water No objections – informative note recommended. INTERNAL COMMENTS Environmental Health (Noise Odour) No objections – informative note recommended. REPRESENTATIONS No letters of representation have been received in relation to this proposal. 597
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ADDITIONAL STATEMENTS Screening Opinion Not required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment Not undertaken as no drainage spec. provided Design Statement Submitted 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. Policy Appraisal Alterations, extensions and developments which are incidental to an existing domestic dwellinghouse are generally considered to be acceptable in principle. Nevertheless, consideration must be given to the specific details of the proposed development, within the context of the application site, and whether it would have an adverse impact upon amenity, the character and appearance of the place or the qualifying interests of various designations. Design and Layout Meadows Of Fungarth is a small, detached cottage which is surrounded by woodland in a rural location approximately 2.5 kilometres northeast of Dunkeld. The property is located within various designations and constraints, including, Ancient Woodland Inventory, Lunan Valley Catchment Area, River Tay National Scenic Area and the Tay Special Area of Conservation (SAC) catchment. This application seeks detailed planning permission for a large extension to the west of the property, various minor alterations to the property itself and the installation of a new septic tank to the southeast of the house. Visual Amenity The existing cottage is of traditional form and single storey appearance; stone-built, with a central entrance door, a window to either side and gabled chimneys projecting through its pitched slate roof. This provides an attractive, symmetrically balanced principal elevation. The cottage has three bedrooms (two of which are within the roof 598
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space), and its modest proportions have been added to with a lean-to kitchen extension on the side (east) elevation. The proposal seeks planning permission to erect a two-storey extension which would run perpendicular to the single storey cottage, connected through a single storey, flat roofed glazed link. The extension would be finished with a combination of natural and black larch cladding, anthracite profiled metal cladding on the roof and alu-clad timber-framed fenestration. The extension would far exceed the proportions of the existing house in terms of footprint coverage (more than doubling the size of the cottage), raised eaves level and the ridge height exceeding that of the cottage. Additionally, the layout configuration of the proposal would project the extension beyond both the principal (south) and rear (north) elevations. The resulting effect is an extension which has excessive scale, form, massing, and proportions, which dominates and overwhelms the modest proportions and traditional character of the existing cottage. Approval would therefore be contrary to Perth & Kinross Council’s Placemaking Guide 2020 and Policies 1A and 1B(c) of the Perth and Kinross Local Development Plan 2 2019, which seek to ensure that proposals contribute positively to the quality of the built environment by respecting the existing scale, form, massing, design, proportions, height and appearance, in order to respect the character and amenity of the place. Landscape As noted above, the property is located within an established woodland that is designated Ancient Woodland. No trees are to be felled as a result of the proposed development; therefore, a strong degree of enclosure would remain. The proposals are therefore unlikely to have a significant landscape impact or impact on the River Tay National Scenic Area. Residential Amenity Given the remote nature of the property and its distance from the nearest residential property (approximately 340m) there would be no adverse impacts on surrounding residential amenity. Roads and Access There are no proposed changes to the existing vehicular access arrangements; therefore, there are road or access implications associated with this proposed development. Drainage and Flooding Whilst the proposed septic tank location has been identified on the site plan, no information has been provided as to the specification of the unit. Therefore, it is not possible to carry out an assessment of its impact on the Lunan Valley Catchment Area and the Tay Special Area of Conservation catchment. 599
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The proposal is therefore contrary to Policies 38A, 45A, 53A and 53B of Perth & Kinross Local Development Plan 2 2019 as no drainage specification has been provided, it has not been demonstrated that total phosphorous output does not exceed the level currently permitted, that there is a reduction in phosphorous output or that there is no adverse effect on the water environment. Natural Heritage and Biodiversity See Drainage section above. Developer Contributions The Developer Contributions Guidance is not applicable to this application and therefore no contributions are required in this instance. Economic Impact The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. 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 1 The extension, by virtue of its raised eaves and ridge height would exceed the existing cottage, and its excessive proportions would result is an extension which has unacceptable scale, massing and inappropriate form, which dominates, overwhelms and overdevelops the modest proportions and traditional character of the existing cottage. Approval would therefore be contrary to Perth & Kinross Council’s Placemaking Guide 2020 and Policies 1A and 1B(c) of the Perth and Kinross Local Development Plan 2 2019, which seek to ensure that proposals contribute positively to the quality of the built environment by respecting the existing scale, form, massing, design, proportions, height and appearance, in order to respect the character and amenity of the place. 600
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2 The proposal contains lack of information in relation to drainage proposals, therefore, it is not possible to carry out an assessment of its impact on the Lunan Valley Catchment Area and the Tay Special Area of Conservation catchment. The proposal is therefore contrary to Policies 38A, 45A, 53A and 53B of Perth & Kinross Local Development Plan 2 2019 as no drainage specification has been provided, it has not been demonstrated that total phosphorous output does not exceed the level currently permitted, that there is a reduction in phosphorous output or that there is no adverse effect on the water environment. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informative Notes Not Applicable. Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 05 06 07 08 601
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5(i)(c) LRB-2022-13 LRB-2022-13 21/02247/FLL – Alterations and extension to dwellinghouse, Meadows of Fungarth, Dunkeld REPRESENTATIONS 611
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M e m o r To Development Management & Building Standards Service Manager Your ref 21/02247/FLL Date 21 January 2022 Communities a n d u m From Regulatory Services Manager Our ref OLW Tel No 01738 476958 Pullar House, 35 Kinnoull Street, Perth PH1 5GD Consultation on an Application for Planning Permission PKC 21/02247/FLL RE: Alterations and extension to dwellinghouse Meadows Of Fungarth Dunkeld PH8 0ET for Ms Amy Kincaid I refer to your letter dated 6 January 2022 in connection with the above application and have the following comments to make. Environmental Health Recommendation I have no objections to the application but recommend the undernoted informative be included on any given consent. Comments This application is for alterations and extension to a dwellinghouse which will include the provision of a single woodburning stove and associated flue. Air Quality Perth and Kinross Council have a duty to assess biomass boilers for capacity within the range of 50kW to 20MW in terms of nitrogen dioxide and particulate matter based on their effect on air quality in the area. Though the application does not include any information on the stove, it is likely to be domestic sized and therefore I have no adverse comments to make with regards to air quality. Odour Another matter pertaining to the stove which could cause an issue has the potential for smoke or odour disamenity. This Service has seen an increase in complaints with regards to smoke and odour due to the installation of biomass appliances. This can be caused due to poor installation and maintenance of the biomass appliances and also inadequate dispersion of emissions due to the inappropriate location and height of a flue with regards to surrounding buildings. I note from the submitted plans that the flue will terminate above roof ridge height, which will aid in dispersion of emissions. I would advise that smoke/odour could be further minimised through the use of fuel recommended by the stove manufacturer. 615
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In light of the above, the residential amenity at neighbouring dwellinghouses should not be adversely affected by smoke/odour. I would therefore have no objections to this development provided that the following informative is attached to the consent. Informative The approved stove system shall be installed and thereafter operated and maintained in accordance with the manufacturer's recommendations, such that smoke odours are not exhausted into or escape into any neighbouring dwellings. Failure to do so may result in an investigation and possible action by Environmental Health under the Environmental Protection Act 1990. 616
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5(i)(d) LRB-2022-13 LRB-2022-13 21/02247/FLL – Alterations and extension to dwellinghouse, Meadows of Fungarth, Dunkeld FURTHER INFORMATION 617
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1 CDS Planning Local Review Body From: Richard Taylor <rick@studio-east.co.uk> Sent: 05 September 2022 15:54 To: CDS Planning Local Review Body Subject: Re: LRB-2022-13 Attachments: 01124 Meadows of Fungarth - Sheet - S-900 - DRAINAGE PLAN.pdf CAUTION: This email originated from an external organisation. Do not follow guidance, click links, or open attachments unless you have verified the sender and know the content is safe. Further to the below e-mail, please see attached an additional drawing to supplement the drainage proposals. I trust this meets your requirements. If anything further is require, please get in touch. Kind Regards, Richard Taylor BSc BArch (Hons) ARB RIAS RIBA Director & Architect studioEAST Chartered Architects T: 01738 472090 M: 07931 377176 E: rick@studio-east.co.uk W: www.studio-east.co.uk Facebook | Twitter | LinkedIn | View the portfolio on our website and keep an eye on the news section for updates Studio East Architects Ltd is registered in Scotland, Company No SC507528 and our registered office is King James VI Business Centre, Friarton Rd, Perth, PH2 8DY Please consider the environment before printing this e-mail This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Studio East Architects Ltd. If you are not the intended recipient of this email, you must neither take any action based upon its contents, nor copy or show it to anyone. Please contact the sender if you believe you have received this email in error. From: Richard Taylor <rick@studio-east.co.uk> Sent: 02 September 2022 15:42 To: CDS Planning Local Review Body <PlanningLRB@pkc.gov.uk> Subject: Re: LRB-2022-13 Please see attached additional drainage design/calculations as requested by the LRB at the last meeting. This demonstrates the drainage proposals provide the required mitigation and should satisfy any concerns in this regard. I trust the application will be heard at the next meeting and look forward to receiving further details. If anything further is required, please get in touch. Kind Regards, Richard Taylor BSc BArch (Hons) ARB RIAS RIBA Director & Architect studioEAST Chartered Architects T: 01738 472090 M: 07931 377176 E: rick@studio-east.co.uk W: www.studio-east.co.uk Facebook | Twitter | LinkedIn | View the portfolio on our website and keep an eye on the news section for updates 619
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SF Structures Scotland Ltd SF Structures Scotland Ltd 2 Stoneycroft Road South Queensferry EH30 9HX M: 07876 221 516 www.sfstructures.com 24th August 2022 Lisa Simpson Council Building, 2 High Street, PERTH, PH1 5PH Dear Lisa, Town & Country Planning (Scotland) Act 1997 The Town & Country Planning (Schemes of Delegation & Local Review Procedure) (Scotland) Regulations 2013 Application Ref: 21/02247/FLL ` Alterations and extension to dwellinghouse, Meadows of Fungarth, Dunkeld, Ms A Kinaird We write in response to point (ii) of your letter of 22nd August 2002: II. The applicant to produce further information on phosphate mitigation, with Development Management in conjunction with SEPA to comment on said information, in line with Policy 45A of Perth and Kinross Local Development Plan 2 (2019) In accordance with the dLunan Valley Area Dunkeld - Blairgowrie Lochs Special Area of Conservatione foul drainage guidance we propose to reduce the total phosphorus loading from the existing property by 125% as follows. The existing foul drainage system consists of a cesspit draining to the local watercourse with no secondary treatment. We propose to install a foul treatment works with secondary treatment partial soakaway prior to discharging to the local water course. The proposal can be shown to offer 160% improvement in phosphorus mitigation. Please refer to calculation overleaf for further details: 621
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SF Structures Scotland Ltd SF Structures Scotland Ltd 2 Stoneycroft Road South Queensferry EH30 9HX M: 07876 221 516 www.sfstructures.com Existing Property (Cesspit with no secondary treatment): Population Equivalent 4person (2 bedroom cottage) Average amount of water per person per day 150 L Primary treatment: septic tank, standard discharge of phosphorus as a mean 10mgP/L Daily discharge of phosphorus per person 1500mgP Daily Discharge of phosphorus (1500mgP x4PE) 6000 mgP/day Proposed Property (Treatment plant with secondary treatment): Population Equivalent 5person (3 bedroom cottage) 3 bedroom house in Person Equivalent (PE) 5 PE Secondary treatment to be installed offering daily discharge of phosphorus per person 750mgP/L Daily Discharge of phosphorus (750mgP x5PE) 3750mgP/day Phosphorus Mitigation 6000 / 3750 = 160% > 125% We trust the above addresses the concerns raised in point (ii) but should you require any further information please let me know. All the best, Steven Ferguson BEng (Hons) MICE IstructE CEng 622
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105m
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NOTES
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5.
REFER
TO
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CERTIFICATE
FOR
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"This document has been prepared by SF Structures Ltd ("SFS") for the sole use of our Client (the "Client") and in accordancewith generally accepted consultancy principles, the budget for fees and the terms of reference agreed between SFS
and the Client.
Any information provided by third parties and referred to herein has not been checked or verified by SFS, unless otherwise expressly stated in the document. No third party may rely upon this document without the prior and express written agreement ofSFS"
Tel: +44 (0) 07876 221 516
www.sfstructures.com
SF
STRUCTURES
SER
Ltd Approved Body
Title:
Client:
Project:
Status:
As indicated
01124
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SF SEPT 22
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S/900
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CDS Planning Local Review Body From: Keith Stirton Sent: 22 September 2022 14:16 To: CDS Planning Local Review Body Cc: Audrey Brown Subject: RE: LRB-2022-13 Attachments: SEPA Ref 6484 - 21/02247/FLL Dear Sir/Madam, Please find the consultation response from SEPA, attached. In addition to the objections raised, it should also be noted that the Phosphorous output calculations contain further inaccuracies as they suggest that more than 100% of Phosphorous would be removed from the site. The only viable way to achieve a Phosphorous reduction in excess of 100% is to have an additional mitigation property out with the site also reducing its Phosphorous output. However, that is not proposed in this case. Kind Regards Keith Stirton Planning Officer Development Management Planning & Development Perth & Kinross Council Pullar House 35 Kinnoull Street Perth PH1 5GD Presently remote working 625
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1 CDS Planning Local Review Body From: Planning South East <PlanningSouthEast@sepa.org.uk> Sent: 20 September 2022 13:44 To: Keith Stirton Subject: SEPA Ref 6484 - 21/02247/FLL CAUTION: This email originated from an external organisation. Do not follow guidance, click links, or open attachments unless you have verified the sender and know the content is safe. OFFICIAL Dear Keith Stirton Thank you for your enquiry. Having reviewed the information provided, we object to this planning application on the grounds of lack of information. We will review this objection if the issues detailed below are adequately addressed by the applicant. Phosphorous mitigation The Lunan Valley Area Dunkeld – Blairgowrie Lochs Special Area of Conservation supplementary guidance (SG) was adopted in October 2016. The SG requires that information is submitted with Full or Approval of matters specified by condition (AMM) planning applications for new developments to provide details of proposed phosphorous (P) mitigation The reason for this is to ensure that development accords with Policy 45: Lunan Lochs Catchment Area in the Perth & Kinross Local Development Plan 2 adopted in November 2019. This requires that total phosphorous from built development must not exceed the current level, to ensure no reduction in water quality in the Lunan Lochs due to the issue the catchment has with elevated nutrient levels. Given that this application does not provide accurate details of required P mitigation we object to this application due to lack of information. We note that P mitigation calculations have been provided in the document titled “Further Information from Agent” however these calculations are not accurate. The existing plans show a three bedroom house and therefore, the existing PE should be 5. Having viewed the proposed plans it is our view that the proposed layout will create four potential bedrooms as there is an upstairs “store” which is a potential bedroom. Therefore the PE of the proposed property is 6. In this case, as the mitigation involves an upgrade to the septic tank of the property being extended, the “proposed development” for the purposes of the calculations, is the one additional bedroom – which equates to 1 PE. In order to consider removing our objection, an amended set of Phosphorous Mitigation calculations are required. This should be based on an existing PE of 5, and a proposed PE of 6, which equates to an increase of 1 PE overall. This would equate to the following: Existing property 5PE, (5 x 10 x 150) = 7500mgP/day The proposed increase is 1 PE (1 x 5 x 150) = 750mgP/day Mitigation required is 125% of 750mgP/l = 937.5 mgP/day Mitigation provided is 7500 – 3750 (i.e. 5x150x5) = 3750mgP/day which is in excess of the required mitigation Proposed final discharge: 6PE x 5 x 150 litres = 4500 mgP/day Detailed advice for the applicant Phosphorous mitigation 627
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2 Relevant information with regards forms of phosphorous mitigation proposals are contained within the SG. The applicant should be aware that a mitigation property can only be considered for one planning application at a time. The applicant should also be aware that excess mitigation generated at one full/ AMM planning application cannot be transferred to another application as Policy 45 identifies that there is a presumption in favour of retaining such gains for the benefit of the ecological recovery of the Lochs. The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended) The applicant should be aware that they will need to apply for a licence under The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended (CAR)) for the discharge of foul effluent from the development. It should also be noted that any mitigating property will also require authorisation from us under CAR. Contact should be made with the Perth Operations team, details below, regarding this issue. The provision of phosphorous mitigation to ensure that total phosphorous from built development does not exceed the current level is a separate issue to the CAR licence. The approval of submitted phosphorus mitigation details through the planning process is therefore made without prejudice to any CAR licence application and does not infer that the CAR licence application(s) will be approved. Conversely it is at the applicant’s commercial risk if the CAR license application is progressed in advance of approval of P mitigation details. I trust the above is of assistance. Please contact me if you require further information. Best wishes Jess Taylor Planning Officer Planning Service SEPA Stirling Office, Strathallan House, Castle Business Park, Stirling FK9 4TZ email: planningsoutheast@sepa.org.uk Disclaimer Information on our planning service along with guidance for planning authorities, developers and any other interested party is available on our website at http://www.sepa.org.uk/planning.aspx The information contained in this email and any attachments may be confidential and is intended solely for the use of the intended recipients. Access, copying or re-use of the information in it by any other is not authorised. If you are not the intended recipient please notify us immediately by return email to postmaster@sepa.org.uk. Registered office: Strathallan House, Castle Business Park, Stirling FK9 4TZ. Under the Regulation of Investigatory Powers Act 2000, the email system at SEPA may be subject to monitoring from time to time. Dh’fhaodadh gum bi am fiosrachadh sa phost-d seo agus ceanglachan sam bith a tha na chois dìomhair, agus cha bu chòir am fiosrachadh a bhith air a chleachdadh le neach sam bith ach an luchd-faighinn a bha còir am fiosrachadh fhaighinn. Chan fhaod neach sam bith eile cothrom fhaighinn air an fhiosrachadh a tha sa phost-d no a tha an cois a’ phuist-d, chan fhaod iad lethbhreac a dhèanamh dheth no a chleachdadh arithist. Mura h-ann dhuibhse a tha am post-d seo, feuch gun inns sibh dhuinn sa bhad le bhith cur post-d gu postmaster@sepa.org.uk. Oifis chlàraichte: Taigh Srath Alain, Pàirc Gnothachais a’ Chaisteil, Sruighlea FK9 4TZ. Fo Achd Riaghladh nan Cumhachdan Rannsachaidh 2000, dh’fhaodadh gun tèid an siostam puist-d aig SEPA a sgrùdadh bho àm gu àm. OFFICIAL 628