Item 4(i) LRB-2022-41
Perth and Kinross Council · 29 November 2022
Back to Local Review Body — 29 November 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-2022-41 LRB-2022-41 22/00329/FLL - Erection of a dwellinghouse, land 90 metres north east of Craignorth House, Balthayock, PH2 7LQ INDEX (a) Papers submitted by the Applicant (Pages 11-154) (b) Decision Notice (Pages 51-52) Report of Handling (Pages 53-61) Reference Documents (Pages 71-142) (c) Representations (Pages 143-153) 9
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4(i)(a) LRB-2022-41 LRB-2022-41 22/00329/FLL - Erection of a dwellinghouse, land 90 metres north east of Craignorth House, Balthayock, PH2 7LQ PAPERS SUBMITTED BY THE APPLICANT 11
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55000 24000 168.4m 163.4m +165.416 +165.093 +165.093 +164.885 +164.949 +165.351 +165.107 +165.227 BM +165.500 Notes: All dimensions to be checked on site prior to commencement of works. Architect to be informed of any discrepancies prior to start of work. Do not scale off this drawing for construction purposes. Rev SCALE: DATE: DRAW N BY: PROJECT TITLE: CLIENT: LOCATION: DWG TITLE: LJRH Chartered Architects DRAWING NO: T: 01382 200511 E: admin@ ljrh.co.uk W : www.ljrh.co.uk F: facebook.com/ljrharchitects This drawing is protected by copyright. It may not be reproduced in any form or by any means for any propose, without gaining prior written permission from Leadingham Jameson Rogers + Hynd Chartered Architects 18 South Tay Street, Dundee, DD1 1PD Planning Silversprings R Townsley Silversprings, Balthayock Existing Site Plan 1:500 @ A3 Sep '21 SH 4734-S-02 Existing Stone Gate Existing Lodge (To be Removed) Existing Shed (To be Removed) Existing Shed Existing Site Access Scale in metres at 1:500 0 5 10 15 20 25 35 Towards Pitroddie/Murrayshall Towards Kinfauns Land Under Ownership of Applicant Site Boundary Existing Gravel Surface 72
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FFL +12.670 Notes: All dimensions to be checked on site prior to commencement of works. Architect to be informed of any discrepancies prior to start of work. Do not scale off this drawing. Rev SCALE: DATE: DRAW N BY: PROJECT TITLE: CLIENT: LOCATION: DWG TITLE: LJRH Chartered Architects DRAWING NO: T: 01382 200511 E: admin@ ljrh.co.uk W : www.ljrh.co.uk F: facebook.com/ljrharchitects This drawing is protected by copyright. It may not be reproduced in any form or by any means for any propose, without gaining prior written permission from Leadingham Jameson Rogers + Hynd Chartered Architects 18 South Tay Street, Dundee, DD1 1PD Planning Silversprings R Townsley Silversprings, Balthayock Proposed Floor Plans 1:100 @ A3 Sep '21 SH 4734-D-02 Scale in metres at 1:100 0 1 2 3 4 5 W Hall StShower Kitchen/ Dining Livingroom Bedroom 1 Bedroom 2 Bedroom 3 Bedroom 4 Hall Vest. St En-suite En-suite W W Garage Ground Floor Ground Floor Area: 93.8m² Vestibule: 3.2m² Kitchen / Dining: 28m² Living Room: 19.4m² Utility Room: 4.8m² Shower Room: 4.2m² Bedroom 1/ Office: 17.7m² Garage 36m² First Floor First Floor Area: 70.5m² Bedroom 2: 15.7m² Ensuite: 6.2m² Bedroom 3: 9m² Bedroom 4: 14.4m² Ensuite: 5.7m² Bathroom: 4.8m² Total Floor Area: 164.3m 2Bathroom 73
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150 O liverburn Cottage Craignorth Pendicle Lochview Glendoick Loch Brantwood Oliverburn House 150 175 165 55000 24000 161.5m 168.4m 163.4m 162.5m +165.416 +165.093 +165.093 +164.885 +164.949 +165.107 +165.227 +165.351 +165.500 Rev SCALE: DATE: DRAW N BY: PROJECT TITLE: CLIENT: LOCATION: DWG TITLE: LJRH Chartered Architects DRAWING NO: T: 01382 200511 E: admin@ ljrh.co.uk W : www.ljrh.co.uk F: facebook.com/ljrharchitects This drawing is protected by copyright. It may not be reproduced in any form or by any means for any propose, without gaining prior written permission from Leadingham Jameson Rogers + Hynd Chartered Architects 18 South Tay Street, Dundee, DD1 1PD Planning Silversprings R Townsley Silversprings, Balthayock Location Plan 1:2500 @ A3 Sep'21 SH 4734-S-01 - Scale in metres at 1:2500 0 50 100 150 site area: 1300m 2 land owned by applicant area: 9661m 2 Towards Pitroddie Towards Murrayshall Towards Kinfauns Notes: All dimensions to be checked on site prior to commencement of works. Architect to be informed of any discrepancies prior to start of work. Do not scale off this drawing for construction purposes. Site Boundary Land Under Ownership of Applicant 74
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2500 1000 2000 5600 5000 5000 +1.485 +165.416 +165.093 +165.093 +164.885 +164.949 +165.107 +165.227 +165.351 BM +165.500 163.4m Rev SCALE: DATE: DRAW N BY: PROJECT TITLE: CLIENT: LOCATION: DWG TITLE: LJRH Chartered Architects DRAWING NO: T: 01382 200511 E: admin@ ljrh.co.uk W : www.ljrh.co.uk F: facebook.com/ljrharchitects This drawing is protected by copyright. It may not be reproduced in any form or by any means for any propose, without gaining prior written permission from Leadingham Jameson Rogers + Hynd Chartered Architects 18 South Tay Street, Dundee, DD1 1PD Planning Silversprings R Townsley Silversprings, Balthayock Proposed Site Plan 1:250 @ A3 Dec '21 SH 4734-D-01 Gravel Surface Grassed Front Garden Ground Proposed Bin Storage Proposed Beech hedge with post and wire fence Existing Access Existing Stone Gate Scale in metres at 1:250 0 5 10 15 20 Proposed Site plan 01 02 Proposed Trees 01- Birch 02- Rowan Towards Pitroddie/Murrayshall Towards Kinfauns Existing Shed (To be Removed) Existing Shed (To be Retained) Gravel Surface Existing Shed Access Notes: All dimensions to be checked on site prior to commencement of works. Architect to be informed of any discrepancies prior to start of work. Do not scale off this drawing for construction purposes. Site Boundary Land Under Ownership of Applicant Proposed Rear Garden Ground Area = 165m² Surface Water Soakway Surface W ater Soakway PPIC PPIC Existing Septic Tank Proposed Rear Garden Ground Area 75
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Notes: All dimensions to be checked on site prior to commencement of works. Architect to be informed of any discrepancies prior to start of work. Do not scale off this drawing for construction purposes. Scale in metres at 1:10000 0 200 400 800 100 Rev SCALE: DATE: DRAW N BY: PROJECT TITLE: CLIENT: LOCATION: DWG TITLE: LJRH Chartered Architects DRAWING NO: T: 01382 200511 E: admin@ ljrh.co.uk W : www.ljrh.co.uk F: facebook.com/ljrharchitects This drawing is protected by copyright. It may not be reproduced in any form or by any means for any propose, without gaining prior written permission from Leadingham Jameson Rogers + Hynd Chartered Architects 18 South Tay Street, Dundee, DD1 1PD Planning Silversprings R Townsley Silversprings, Balthayock Rural Location Plan 1:10000 @ A3 Sep '21 SH 4734-S-03 Proposed Site Scone 76
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JAM72S03 380-400/PR Series OPERATING CONDITIONS Maximum System Voltage Operating Temperature Maximum Series Fuse Maximum Static Load,Front Maximum Static Load,Back NOCT Application Class 1000V/1500V DC(IEC) -40℃~+85℃ 20A 5400Pa 2400Pa 45±2℃ Class AIrradiance 800W/m², ambient temperature 20℃, wind speed 1m/s, AM1.5G ELECTRICAL PARAMETERS AT NOCT TYPE Rated Max Power(Pmax) [W] Open Circuit Voltage(Voc) [V] Max Power Voltage(Vmp) [V] Short Circuit Current(Isc) [A] Max Power Current(Imp) [A] NOCT 281 44.51 36.81 8.08 7.64 292 45.30 37.52 8.23 7.79 285 44.80 37.05 8.13 7.69 289 45.04 37.29 8.18 7.74 JAM72S03 -380/PR JAM72S03 -385/PR JAM72S03 -390/PR JAM72S03 -395/PR 296 45.56 37.76 8.28 7.84 JAM72S03 -400/PR CHARACTERISTICS ELECTRICAL PARAMETERS AT STC TYPE Rated Maximum Power(Pmax) [W] Open Circuit Voltage(Voc) [V] Maximum Power Voltage(Vmp) [V] Short Circuit Current(Isc) [A] Maximum Power Current(Imp) [A] Module Efficiency [%] Power Tolerance Temperature Coefficient of Isc(α_Isc) Temperature Coefficient of Voc(β_Voc) Temperature Coefficient of Pmax(γ_Pmp) STC 380 48.05 39.80 10.09 9.55 19.2 395 48.91 40.63 10.28 9.73 19.9 385 48.32 40.07 10.15 9.61 19.4 390 48.61 40.34 10.21 9.67 19.7 JAM72S03 -380/PR JAM72S03 -385/PR JAM72S03 -390/PR JAM72S03 -395/PR 0~+5W +0.051%/℃ -0.289%/℃ -0.360%/℃ Irradiance 1000W/m²,ﾠ cell temperature 25℃, AM1.5G Remark: Electrical data in this catalog do not refer to a single module and they are not part of the offer.They only serve for comparison among different module types. Remark: customized frame color and cable length available upon request Version No. : Global_EN_20180927A SPECIFICATIONSMECHANICAL DIAGRAMS Cell Weight Dimensions Cable Cross Section Size No. of cells Junction Box Connector Packaging Configuration Mono 22.5kg±3% 2000mm×991mm×40mm 4mm² 144（6×24） IP68, 3 diodes 27 Per Pallet MC4 Compatible(1000V) QC 4.10-35(1500V) Voltage(V) 1000W/m² 800W/m² 600W/m² 400W/m² 200W/m² Current(A) 0 10 20 30 40 50 10 8 6 4 2 0 Current-Voltage Curve JAM72S03-390/PR Power-Voltage Curve JAM72S03-390/PR Voltage(V) Power(W ) 0 10 20 30 40 500 1000W/m² 800W/m² 600W/m² 400W/m² 200W/m² 100 300 200 400 10 8 6 4 2 0 Current-Voltage Curve JAM72S03-390/PR Voltage(V) Current(A) 0 10 20 30 40 50 10℃ 25℃ 40℃ 55℃ 70℃ Units:mm JAM72S03 -400/PR 400 49.17 40.92 10.34 9.78 20.2 Draining holes 8 places Mounting holes 8 places Grounding holes 6 places Label Junction box 35 40 40 78
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 Planning Supporting Statement Planning Application for a Single Dwellinghouse, at Silversprings, Balthayock, PH2 7LQ Millars House, Studio 2, 41a Gray Street, Broughty Ferry, DD5 3BF 79
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 1.0 Introduction 1.1 This Planning Supporting Statement (PSS) has been prepared by About Planning Ltd to accompany a planning application by Mr Townsley to Perth + Kinross Council (PKC) under The Town and Country Planning Act 1997, as amended for the following proposal: “Planning Permission for the erection of a single dwellinghouse Silversprings, Balthayock, Perth PH2 7LQ.” 1.2 The Planning Application has been submitted in accordance with the requirements of Section 32 of Town and Country Planning (Scotland) Act, 1997 (the “Act”). 1.3 Section 25 of The Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006 (the “Act”) affords the following status to development plans: “Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.” 1.4 This Planning Supporting Statement (PSS) has been prepared to draw together the key planning issues relating to the proposal and is submitted in support of this planning application and in order to assist in the decision- making process. The PSS addresses the principle of the proposal only and general design issues relating to the principle of development. 1.5 This PSS primarily addresses the principle of the proposal. 80
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 2.0 The Site The Site + General Environment 2.1 The site extends to approximately 1,300 square metres and is located to the west of a classified road. The road leads to Balthayock to the south and to Scone to the northwest. Craignorth Pendicle (a dwellinghouse) lies approximately 80 metres to the south of the site. A couple of former sheds/outbuildings are located on the field immediately to the north of the site. The surrounding area is primarily agricultural or characterised by woodland. 2.2 Figure 1: Aerial Photograph of Site (2020) illustrates the site’s location, within the context of the existing described development to the north and south, the road to the east and woodland to the east, south and west. There is also a linear mature tree belt to the north. The site is well contained within a landscape context. Figure 1: Aerial Photograph of Site (2020) 81
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 The Site + Immediate Land Use Characteristics 2.3 Figure 2: Application Site and Ownership illustrates the location of the site, within the context of the Applicant’s land ownership. The field to the south and west of the site, in the ownership of the Applicant, is currently used as a paddock and for sheep grazing (associated with the Applicant’s employment by two local farms). The area of ownership extends to an of approximately 9,661 square metres (including the site). Figure 2: Application Site and Ownership 2.4 Figure 3: View from Site to Craignorth Pendicle (the house to the south) illustrates the view from the Application site, across the field in the Applicant’s ownership to this residential property. The Applicant’s Planning Application for a new house would sit immediately to the north of this house, with a paddock in between, a characteristic associated with this part of the countryside in PKC. 2.5 Figure 4: View from Site to the North illustrates the view from the Application site to the brownfield buildings and site, immediately adjacent. 82
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 Figure 3: View from Site to Craignorth Pendicle (Dwellinghouse) Figure 4: View from Site to the North The Site + Land Use 2.6 The Applicant’s father bought the site circa. 2003 as a “workshop and yard” from a joiner who used the site for his joinery business. The site continued to be used by the Applicant’s father for storage and workshop purposes, and more recently, for the same use by the Applicant, in association with his roofing company. 2.7 The site has been used for the same/related use for a workshop and yard for around 18 years and therefore this use is established and not subject to enforcement action under The Town and Country Planning (Scotland) Act 1997 as amended. This historical and established use is a material 83
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 consideration in the determination of this Planning Application and referred to in Section 6.0: Material Considerations. 2.8 Under the Town and Country Planning (Use Classes) (Scotland) Order 1997, the use of the site is considered to fall under both (1) Class 4 C. Business i.e. an industrial process “which can be carried on in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.” and (2) Class 6. Storage or distribution i.e. “Use for storage or as a distribution centre”. 2.9 Figure 5: Aerial of Site (2006) substantiates that the site, subject to this proposal, was used for the purposes described, since at least 2006, according with the described use above. In 2006, the site had a workshop to the west, hardcored across its entirety and was used for vehicular storage. Figure 5: Aerial of Site (2006) 2.10 Figure 6: Street Scene of Site (2009) substantiates the continued use of the site, for the purposes described above. 84
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 Figure 6: Street Scene of Site (2009) 2.11 The site continued to be utilised on the same basis, thereon for the storage of vehicles including mobile homes. This is illustrated by Figure 7: Aerial of Site (2017). Figure 7: Aerial of Site (2017) 2.12 The Applicant inherited the site from his father in around 2017 and was then able to utilise the commercial/storage use of the site for his own roofing business. At the same time (2017), the Applicant also purchased a new caravan (Document 1) and stored it on the site, reflecting the storage use of vehicles/mobile homes/caravans at this time. The Applicant then resided in 85
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 this caravan as a logical position for supervising his roofing business and whilst also being immediately available by two local farms for livestock supervision and other agricultural related activities (detailed below). 2.13 The Applicant was not aware of the requirement for Planning Permission for residing in the above caravan, noting that caravans had an historic presence on this site. Following on from this established history, in 2018 the Applicant replaced (Document 2) the caravan, with a mobile home only to provide for ‘better habitable’ accommodation for his new family. The Applicant has lived in this mobile home with his family for over 3 years. 2.14 Figure 8: Aerial Photograph of Site (2018) illustrates the location of the caravan/mobile home in 2018. Figure 8: Aerial Photograph of Site (2018) 2.15 In June 2021, PKC decided to pursue enforcement action for the removal of this caravan/mobile home, having regard to its residential, rather than permitted storage use. 2.16 The decision by the Reporter of the Scottish Government, following an appeal by the Applicant upheld the appeal. The Reporter noted that the planning/legal assessment of the legality of the Enforcement Notice (EN) did not constitute a planning appraisal of the mobile home, having regard to the 86
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 Development Plan and material considerations, in accordance with S25 of the Act. This Application seeks a planning appraisal of the proposal, mindful that the Reporter’s decision on the EN does not consider whether planning permission should actually be granted. 2.17 Figure 8: The Site (2021) illustrates the site’s current characteristics today, with the caravan/mobile home in the foreground, the storage shed to the rear and the existing outbuildings on the adjacent site to the north. The rest of the site is used for general storage. Figure 8: The Site (2021) 2.18 Figure 9: Entrance to the site illustrates the established wall and gates to the site, off the access road, the gates have subsequently been replaced. The domestic entrance to the site is well established and is not subject to a requirement for Planning Permission by PKC. 2.19 The planning history of this site is a material consideration in support of this proposal for a replacement house. 87
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 Figure 9: The Entrance to the Site 88
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 3.0 The Proposal 3.1 The proposal relates to the replacement of the existing caravan/mobile home, which has existed on this commercial brownfield site for over 3 years years with a new single dwellinghouse, for the Applicant. The site has been in the ownership of his family for commercial and storage use since circa. 2003. 3.2 It is considered that the proposed house will result in a visual enhancement to an established commercial site within the Green Belt and countryside, adjacent to an existing house, and within a well established boundary. 3.3 Figure 10: Existing Site Plan illustrates the position of the existing caravan/mobile home/lodge and the existing sheds to the north and west. The existing site plan also illustrates that the site benefits from existing established enclosed boundaries around the site, together with associated mature woodland and tree planting. There is an existing commercial access which would be utilised for access to the proposed house. Figure 10: Existing Site Plan 3.4 Figure 11: Proposed Site Plan illustrates the siting of the new house on the site of the existing caravan/mobile home/lodge, also responding in design terms to the existing and adjacent outbulidings to the north and Craignorth Pendicle (dwellinghouse) to the south. 89
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 Figure 11: Proposed Site Plan 3.5 Figure 12: Proposed Floor Plan illustrates a modest 1.5 storey house, occupying an area of approximately 160 square metre, with a double garage. The siting of the proposed house will also screen the existing & established workshop to the rear and utilise part of the existing hardcore, to the front of the house for access and additional parking. The proposal also provides for new garden ground on the remaining hardcore, resulting in a visual enhancement to the site as viewed from the road access. Figure 12: Proposed Floor Plan 3.6 Figure 13: Proposed Elevations illustrates the vernacular design of the proposal, which has regard to the siting, scale and design of Craignorth 90
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 Pendicle (dwellinghouse) to the south and house designs approved locally in this area by PKC. Figure 13: Proposed Elevations 3.7 The proposed house design utilises bedrooms within the roof space, thereby reducing the visual scale of the house and as stated above, the overall scale and design respects the vernacular scale of development local to this site. It is proposed to finish the roof in slate, utilise ‘conservation’ rooflights and finish the elevations in roughcast. The Applicant is content to accept planning conditions securing the external appearance of the proposed house, in accordance with the requirements of PKC. 91
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 4.0 Planning History 4.1 The following planning history is considered relevant to the planning background of the site and to the current Planning Application. Planning Application Ref: 12/01351/IPL - Erection of a dwellinghouse and garage (in principle) 4.2 The Report of Handling (RoH) by the Planning Officer is attached as Document 3. 4.3 The RoH addresses the existing use of the site, relevant in 2012, stating: “It would appear that the site is presently used for a commercial operation, centred around the trading of vehicles and it has been alleged within the representations that this use is unauthorised. There appears to be no record of a change of use application either being submitted or approved on this site, however there is equally no evidence to demonstrate the length of time the site has been used in its current state. To this end, the matter has been past to the Councils Enforcement Officer to investigate further.” 4.4 It is relevant, that no enforcement procedures were undertaken by PKC and as the site has been used for commercial purposes for a workshop and yard for around 18 years, this use is now established and immune from enforcement action under The Town and Country Planning (Scotland) Act 1997 as amended. 4.5 Although PKC refused the principle of development, the RoH does acknowledge (of relevance, in support of this Planning Application) that a dwellinghouse on this site would be compatible with the existing surrounding land uses. In addition, in terms of landscape impact on the Area of Great Landscape Value (designation at this time) concluded that whilst “… a negative one, is however perhaps debatable.” 4.6 It is relevant that the site has matured in terms of its presence in the landscape since the date of this decision in 2012 (9 years ago), with the commercial use continuing to haven an immediate visual and landscape impact, which could be further adversely affected by an intensification in use of the site (which would not need planning permission). 92
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 Planning Application Ref: 15/00586/IPL - Erection of a dwellinghouse and garage (in principle) 4.7 The RoH by the Planning Officer is attached as Document 4. Whilst PKC refused planning permission, again, some positive comments were made in the appraisal of the proposal, including: o “There is considered to be some potential for the site to accommodate a dwellinghouse and garage, but the long nature of the site would limit the amount of amenity space available.” o The proposal was not regarded as being detrimental to residential amenity; o Transportation Planning did not have an objection, subject to appropriate conditions; o There are no known flood risks to the site. Planning Application Ref: 17/02122/IPL - Siting of a mobile residential caravan/timber lodge (in principle) 4.8 The RoH by the Planning Officer is attached as Document 5 and refused, however, again there were no objections to the proposal by consultees. 4.9 Whilst the RoH concluded that the “… mobile residential unit would be out of character of the local area.” It also concluded that the site is sufficiently large to be able to provide a suitable level of residential amenity. Planning Enforcement Notice + Appeal by Appellant 4.10 In June 2021 ,PKC served an Enforcement Notice (EN) on the Applicant. The breach of planning to which this notice related was “without planning permission, the unauthorised introduction of a chalet to the site, the material change of use of the chalet and site for permanent residential occupation, the undertaking of an engineering operation to form a hardstanding, and the siting of a shed.” 4.14 An appeal was subsequently lodged, but upheld in part by the Scottish Government. In summary, whilst evidence was produced that there had been a mobile home on the site since 2017/2018, the home was not immuned from enforcement action. In addition, it was also found that some pavings had been laid to the fore of the mobile home which also required consent. The decision extended the period for compliance i.e. removal of the mobile 93
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 home and pavings to an extended period from 6 months to 9 months (noting the related hardship). 4.15 The decision notices also clarifies that whilst “The appellant provides an assessment of compliance with the development plan. However it is not open to me in the context of this appeal to consider the merits of the proposal in the context of the development plan or other material considerations. That assessment would fall to the planning application process.” Implications of Enforcement Notice 4.16 Enforcement of the conditions of the EN, as served by PKC, will as stated, result in the Applicant and his family being potentially homeless by March 2022, unless suitable accommodation is found on a site which is affordable and meets the Applicant’s employability requirements. The Application site already fulfils these requirements, and as the site is in the Applicant’s ownership, the purchase of another site, for the every day use described, would clearly be unviable. 4.17 In effect, it is unlikely (based on current day economics) that the Applicant would be successful in affording another home in this short period of time, prior to PKC enforcing eviction, in March 2022. 4.18 Fundamentally, it is relevant that the EN decision is not a planning assessment of the proposal have regard to the Development Plan and material considerations. The decision is only a legal/planning determination on whether the mobile home was there long enough to immune from enforcement action. The mobile home would have been immuned from enforcement action if it had been there for 4 years. In reality, the mobile home has now been occupied for 3.5 years. 4.19 As a response to the appeal on the EN only concluding on whether the mobile home was immune from enforcement rather than assessing the potential for planning approval of a home on this site, the Applicant has submitted this new Planning Application. This new Planning Application allows for a new planning assessment of the merits of the current proposal having regard to the up to date Planning Policy requirements of PKC, including the Development Plan and other material planning considerations. 94
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 5.0 The Development Plan Background 5.1 Section 25 of the Town and Country Planning Act 1997 as amended provides that an application for planning permission (other than for a national development) shall be determined in accordance with the Development Plan unless material considerations indicate otherwise. 5.2 The Development Plan comprises the TAYplan Strategic Development Plan (SDP), 2014 and the Perth + Kinross Local Development Plan (PKLDP), 2019. Given the strategic nature of the SDP, it is not considered to have a direct implication on the proposal, with the PKLDP providing the relevant policy context in this case. 5.3 Silversprings is an established commercial site, which as stated has been used as a workshop and yard for around 18 years This use is established under The Town and Country Planning (Scotland) Act 1997 as amended and whilst a Planning Application has not been recorded by PKC for this use, it is now lawful/immune for enforcement action under the provisions of the Act. 5.4 The PKLDP identifies that the site is located in the countryside, within the Green Belt designation and within the Sidlaw Hills Local Landscape Area (LLA), where the following policies apply to the proposal in terms of the principle of the proposal and its detailed design. Principle of Proposal – Compliance with PKLDP 5.5 Policy 19: Housing in the Countryside states that the Council will support proposals for the erection, or creation through conversion, of single houses and small groups of houses in the countryside which fall into at least one of the following categories:(1) building groups;(2) infill sites; (3) new houses in the open countryside on defined categories of sites as set out in Section 3 of the Supplementary Guidance; (4) renovation or replacement of houses; (5) conversion or replacement of redundant non-domestic buildings; (6)development on rural brownfield land. 5.6 Policy 43: Green Belts clarifies that only criteria (4) and (5) of Policy 19 apply to proposals in the Green Belt and therefore this site. 95
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 Compliance with Criteria (4) and (5) of Policy 19: Housing in the Countryside 5.7 In terms of Criteria (4) the proposal does relate to the replacement of an existing mobile home, which is the Applicant’s home. The mobile home has been on the site for 3.5 years approximately and although unauthorised, its replacement with a new house, of bespoke design, would result in an enhancement to the Green Belt. 5.8 In terms of Criteria (5) the Applicant is not seeking to convert or replace redundant non-domestic buildings. However, should the existing shed on site become redundant, the Applicant could then consider applying under this category. However, it is considered that the current proposal is the most desirable in terms of the location of the house and the ability of the proposal to enhance the visual appearance of the Green Belt and local landscape. 5.9 Policy 19: Housing in the Countryside also confirms that the application of this policy is limited within the Green Belt to proven economic need, conversions or replacement buildings. The issue in relation to ‘conversions or replacement buildings’ is addressed above and economic need is addressed below. Evidence of Economic Need 5.10 As stated in paragraph 2.6, the Applicant’s father bought the site circa. 2003 as a “workshop and yard” from a joiner who used the site for his joinery business. The site continued to be used by the Applicant’s father for storage and workshop purposes, and more recently has been utilised on the same basis by the Applicant in association with his roofing company. 5.11 The proposed house is required to ensure on-site security of the goods associated with this business, noting that an unsupervised yard in this location is potentially vulnerable in the hours when there is not 24 hour on- site presence. It is relevant that the Applicant has 7 sub-contractors who he works with on a full-time basis and significant value invested in the tools stored on-site running into tens of thousands of pounds. In the vent that the business is jeopardise through a lack of security, this employment base and investment will also be compromised and local employment income/jobs potentially lost. 5.12 In addition, to operating a roofing business from the site, the Applicant also works locally all year around supervising stock and works more intensively 96
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 during lambing season, a critical time of the year for local farmers. The location of the Applicant’s home in this location, adjacent to the farms concerned, allows the Applicant to be on hand when required. It is also relevant that the site is surrounded by a paddock in the Applicant’s ownership, which allows for livestock to be accommodated on-site as and when required. 5.13 In effect, the Applicant is also engaged (in addition to his roofing business at the site) as an essential farmworker locally, providing a local agricultural essential workers role. The following two letters have been provided with this Application in support of the valuable services provided by the Applicant: Northlees Farm, Kinfauns (Doucment 6) 5.14 Northlees Farm is located approximately 4 km to the south of the Applicant’s site. Mr Pedgift from Northlees Farm has confirmed the importance of the Applicant’s assistance throughout the year and seasonally with their livestock. The farm has over a thousand sheep and the Applicant is able to assist, through living locally, with monitoring the stock and assisting with problematic births over a 24-hour period, 7 days a week. 5.15 Ewes experiencing problem births are taken care of by the Applicant at the paddock adjacent to the Application site. This land and enables the continuous supervision of livestock in an enclosed area next to his home (currently within the mobile home referred to). A house or flat in a more urbanised are, without surrounding land, would not allow the Applicant to carry out this essential agricultural workers role. The Goddens Farm, Pitroddie (Doucment 7) 5.16 The Goddens Farm is located approximately 4 km to the northeast of the Applicant’s site. Mr & Mrs Godden employ the Applicant to monitor and safeguard their stock, particularly against foxes. They have estimated that the Applicant has assisted in controlling over 100 foxes a year over the past 4 years, whilst also assisting during the lambing season. Again, as stated above, an alternative suburban/urban site would not allow the Applicant to assist in these essential farming operations, i.e. the Application site is ideally suited to facilitate assistance to this farm. 5.17 Both letters identify the valuable input that the Applicant has as an essential worker, living on the ‘doorstep’. The Applicant has the necessary skills and 97
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 on-site facilities, i.e. the house and paddock, to enable his effective assistance with these agricultural operations, as and when needed. Summary of Compliance with Policy 19: Housing in the Countryside 5.18 The proposed house is required to ensure on-site 24 hour supervision of the storage yard and workshop. The site is in a rural location and at a potential security risk. The Applicant directly works with 7 no. employees/sub- contractors and has invested over £100,000+ on associated tools, stored at this site. The proposed house is needed to provide surveillance of the business, consequentially protecting the Applicant’s business and associated local jobs/employment. 5.19 As described, the Applicant is also an essential agricultural worker. The location of a house on this site enables the Applicant to carry out valuable services to the two above farms. It is relevant that the proposed house is located roughly equidistant from both farms, allowing the Applicant to provide immediate assistance to both farming operations, whilst also being able to offer the use of his paddock for the personal on-site care of any vulnerable livestock. 5.20 Employing the Applicant on the basis described provides a valuable service to the local farms concerned. Compliance with Policy 43: Green Belt 5.21 Policy 43: Green Belt states that within the area designated as Green Belt, development will only be permitted where it meets stated criteria. The following are considered relevant to this proposal: (a) it can be demonstrated that the development either supports an established use, or develops a new business within the Green Belt which has a direct relationship to the land; or (b) it can be demonstrated that the development is essential for agriculture, horticulture (including allotments) or forestry operations; or (e) it complies with criteria (4) or (5) of the Policy 19: Housing in the Countryside and associated Supplementary Guidance, and a positive benefit to the Green Belt can be demonstrated. Criteria (a) Supporting an Established Use or develops a new business within the Green Belt which has a direct relationship to the land 98
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 5.22 The proposal is considered to comply with criteria (a). As stated in paragraphs 5.11 and 5.18 the proposed house is required to ensure on-site security for the established commercial use of the site, by providing 24 hour surveillance. Criteria (b) it can be demonstrated that the development is essential for agriculture, horticulture (including allotments) or forestry operations 5.23 As stated above, the proposed house would also enable the the Applicant to continue to be employed as an essential worker by the local farms referred to. The site is ideally located to allow the Applicant to support the requirements of these local farms. 5.24 It is also relevant, that the Applicant’s paddock allows for on-site care of vulnerable livestock, when required, which would not be possible if the Applicant lived in a house, without surrounding land. A house in an alternative location would not provide the benefits described above and would potentially jeopardise both the roofing services business and the ability to effectively continue in the Applicant’s agricultural worker role. 5.25 Whilst it is relevant that the proposal only needs to comply with either of this criteria, the proposal is considered to comply with both, for the reasons stated. Criteria (e) – Requirement of Compliance with criteria (4) or (5) of Policy 19: Housing in the Countryside 5.26 Both both Criteria (4) and (5) of Policy 19: Housing in the Countryside, are addressed above, and as a consequence it is considered the proposal complies with Criteria ( e) of Policy 43: Green Belt. Compliance with Policy 43: Green Belt – Landscape Requirements 5.27 Policy 43: Green Belt also states that “For all proposals development must be appropriate to the overall objectives of the Green Belt to protect and enhance the character, landscape setting and identity of settlements. All proposals for new buildings or extensions to existing buildings must be of a suitable scale and form, located and designed in such a way so as not to detract from the character and landscape setting of the Green Belt. Appropriate measures may be required to mitigate any adverse impact on the character, setting and identity of the locality.” 99
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 5.28 Figure 1: Aerial Photograph of the Site (2020), illustrates that the site benefits from an existing and mature landscape setting along its northern and southeast boundary. There are further mature trees to the east along the eastern boundary of the road. The linear planting to the north of the plot further assists in screening the site on the southerly approach, with the woodland to the south of Craignorth Pendicle screening views of the site on the approach from the south. 5.29 Figure 9: The Entrance to the Site, produced again below, illustrates that there are open views into the site at its entrance. The established use of the site for storage and commercial use does not contribute to the character or landscape setting of the site. The proposed house offers the opportunity to tidy the appearance of the site and introduce a new high quality designed house. 5.30 In addition, by way of mitigation, the Applicant would be content to accept a planning condition securing further tree planting and landscaping within the site and on its eastern boundary (at the entrance), further enhancing the landscape setting of the site and the appearance of the Green Belt. Figure 9: The Entrance to the Site 5.31 It is considered that the proposed new house will positively contribute to Green Belt policy objectives to protect and enhance its landscape setting. 100
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 Compliance with Policy 39: Landscape 5.32 The site is located in the Sidlaw Hills Local Landscape Area (LLA). Policy 39: Landscape requires that development should only be permitted in LLA “…where it will not have a significant adverse impact on their special character or qualities, or where these impacts are clearly outweighed by social and economic benefits that are more than of local significance to Perth and Kinross.” 5.33 PKC’s Landscape Supplementary Guidance, 2020 identifies that one the relevant objectives for the LLA is to “Ensure high design quality of new development in this landscape”. 5.34 The proposal relates to the erection of a new house of a high quality design. For the reasons referred to, in relation to Policy 43: Green Belt, the proposal is considered to enhance the landscape setting of the site. In addition, as stated the proposal also has proven economic benefits. The new house will also provide for a new home for the Applicant and his family, who are currently living in a mobile home, thereby resulting in a social benefit. Detailed Policies of PKLDP on the Design of the Proposed House 5.35 The design of the house has taken into account the relevant detailed policies of the PKLDP, including Policy 1: Placemaking. 101
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 6.0 Material Planning Considerations 6.1 Material considerations include: o Planning History o Scottish Planning Policy (SPP) o PKC Supplementary Planning Guidance o Planning Status of Site Planning History 6.2 The planning history of the site clarifies that the main issues of concern on previous applications for a house related to the principle of development and the impact on the landscape/Green Belt. However, the previously submitted Applications were for Planning Permission in Principle and as a result no detail was provided on the house design or layout. In addition, no supporting information was provided on the need for a house. This Application seeks to address this previous lack of information, by providing information to support the need for a new house and by providing details of the house and the site layout, including new landscaping. Scottish Planning Policy (SPP) 6.3 In terms of promoting rural development, SPP identifies that one of the policy principles of the planning system is to “encourage rural development that supports prosperous and sustainable communities and businesses whilst protecting and enhancing environmental quality.” (SPP, paragraph 75). The proposed house will support the security of an established business on the site, whilst also being ideally located for the Applicant to continue with essential work for the two neighbouring farms. The proposal will also result in a visual enhancement and the proposal is supported by this national planning principle for encouraging rural development which supports businesses. PKC Supplementary Planning Guidance 6.4 PKC’s Housing in the Countryside Supplementary Guidance (SG), 2020 is relevant to the principle of development on this site, expanding on Policy 19 of the PKLDP, referred to above. The Guidance on Categories 3.3 and 3.4 of the SG are relevant to the site’s location in the Green Belt. 102
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 6.5 Category 3.3 of the SG provides guidance on the information which should be addressed in justification of a new house for an established business. Supporting information has been provided by two adjoining farm owners supporting the need for the proposed house in this location. It is relevant that the Applicant also owns the adjoining paddock which facilities on-site care of vulnerable livestock. The guidance is, however, orientated towards proposals for new houses on existing farms, which this Application does not relate to. 6.6 For non-farming business the guidance states that Applicants should “…demonstrate that the provision of a house is essential to the continued operation of the business.” The Applicant has not submitted a business plan, but has submitted a justification on the basis of the site’s characteristics, i.e. the site is used for the Applicant’s roofing company and the house is required to provide on-site 24 hour surveillance, securing the continued operation of the business. 6.7 Category 3.4 of the SG would support “a house for a local person or family who have lived and/or worked in the area for at least 3 years, and who are currently inadequately housed. Proof that the existing house is the sole residence and has been occupied on a permanent basis for the full 3 year period may be required. For the purposes of this Guidance, inadequately housed means a person or household who are currently living in … overcrowded accommodation i.e. the accommodation lacks one or more bedrooms to meet the needs of the household. Each case will be assessed on its own merits but in calculating overcrowding the Council generally considers it reasonable for the following household members to share a double bedroom: couples; same sex household members; and two mixed sex household members under 10 years of age. In all cases the applicant will be required to demonstrate that no alternative accommodation is available to them within the local area.” 6.8 The Applicant is local to the area, and is currently living in a mobile home on the site with his family. Document 2 demonstrates that the mobile home was purchased in June 2018 and the Applicant has now lived there for over 3 years. The mobile home has two small bedrooms. The Applicant’s two daughters, aged 6 and 1, both share a small bedroom, which is only 2.5 x 2.0 metres. The accommodation is substandard for the requirements of the family and it is unreasonable for the two children to continue occupying such a small bedroom, as they grow. Not least the Council has served an Enforcement Notice on the Applicant for the removal of the home by April 103
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 2022. At this point the Applicant and his family will be homeless. A new house on this site fulfils the criteria for providing a new house for a local person, who is currently inadequately housed. There is no other suitable houses available locally, since the house is also required to supervise the existing business at this site. 6.9 It is considered that the circumstances of this case, fall across both Category 3.3 and 3.4 of the Guidance. The Applicant has identified the business case for demonstrating a need for a house in this location. They have not submitted a business plan, as suggested by the guidance, as it is considered that the facts of the case provide the relevant information. However, the Applicant can supply supplementary information if this is regarded of assistance. This statement has confirmed that there is no scope to renovate or convert an existing domestic or non-domestic building as an alternative to a new build. This proposal offers the opportunity to further improve the ‘landscape fit’ of an already developed site. Mitigation measures can be addressed through enhanced landscape planting. The proposal is of a high quality design, appropriate to the location. Planning Status of Site 6.10 The existing planning status of the site is described in paragraphs 2.6 – 2.8 above. In summary, the site has been used for a workshop and yard for around 18 years (since around 2003) and therefore this use is established and not subject to enforcement action under The Town and Country Planning (Scotland) Act 1997 as amended. 6.11 Under the Town and Country Planning (Use Classes) (Scotland) Order 1997, the use of the site is considered to fall under both Class 4 C. Business and Class 6. Storage or Distribution. This dual use is continued to date, by the Applicant. 6.12 The site could be used more intensively than presently, for the above uses without the need for planning consent. It is considered material that the use of the site as a commercial workshop and yard is unlikely to be supported by current planning policy today. It is considered that the siting of a new dwellinghouse within the foreground, screening the workshop and commercial yard will enhance the appearance of the site and landscape setting, enhancing the characteristics of the designated Green Belt. 104
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 7.0 Conclusion 7.1 In summary, the Planning Application for the proposed house is required for the following reasons: o The proposed house will ensure 24-hour supervision of the commercial site, avoiding vandalism of an unsupervised yard in this rural location. o Damage to the established business will impact on the viability of the Applicant’s roofing business and livelihood, together with the associated 7 no. sub-contractors involved in the business, noting also the significant value invested in the tools stored on-site running into tens of thousands of pounds. o The Applicant is also an essential agricultural worker, with the site ideally located to assist in the farming operations located in close proximity to the site. o The site benefits from adjoining paddocks, which the Applicant can utilise on behalf of the local farms to provide 24-hour supervision to vulnerable livestock. o The Applicant currently lives in a mobile home on the site, which has been there for over 3 years and which is of sub-standard accommodation for his family. PKLDP Guidance does support new replacement houses where existing accommodation is sub-standard. o The referred to Enforcement Notice would lead to the eviction of the Applicant’s from the mobile home in the new year. The Applicant does not have suitable replacement accommodation which can fulfil the above employment requirements referred to. 7.2 The need for a new house is therefore justified for the following 3 reasons: 1. To support an established commercial use, which would as a result of the proposed house, be supervised and protected through 24-hour residential supervision on the site; 2. To support the Applicant’s essential agricultural role to two local farms (noting the benefit of the Applicant’s paddock and the lack of available such sites locally); 3. The replacement of existing residential accommodation on the site (currently inadequate for a local person/family) with a new house, which also addresses reasons (1) and (2) above. 7.3 Section 25 of The Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc. (Scotland) Act 2006 requires that the 105
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 determination of planning applications shall be made in accordance with the Development Plan unless material considerations indicate otherwise. 7.4 It is considered that the proposed development will accord with the conjoined objectives of national policy and the objectives and aims of the PKLDP’s policies and Guidance, resulting in a positive planning solution to the future of this site. 7.5 In conclusion, the Scottish planning system operates, at its core, securing development in the “public interest”, whilst balancing environmental, social and economic considerations. The approval of this proposal supports these national policy objectives. At a local Policy level, the proposal cuts across and supports a number of Policy objectives (as described), and accordingly it is requested that planning permission be granted. 106
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 Document 1 107
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PERTH AND KINROSS COUNCIL ERECTION OF A DWELLINGHOUSE AND GARAGE (IN PRINCIPLE) ON LAND 90 METRES NORTH EAST OF CRAIGNORTH HOUSE, BALTHAYOCK, PH2 7QL DELEGATED REPORT OF HANDLING Ref No 12/01351/IPL Case Officer Team Leader Decision to be Issued? Ward N1 – Carse Target 20 Sept 2012 Yes No RECOMMENDATION Refuse the planning application on the grounds that the proposal is contrary to both the Development Plan and the 2009 HITCP. BACKGROUND & DESCRIPTION The application site relates to a rectangular shaped site at Balthayock, located on the eastern side of Kinnoull Hill. The 0.09 ha site is approx 55m in length (east to west) and approx 20m in width (north to south), and is currently being used as a commercial yard with a small workshop located to the rear (west) of the site. The site is bounded immediately to the east by a public road, with the other boundaries relatively undefined with the exception of some small fencing. The site is largely surrounded by agricultural fields with a narrow wedge of mature woodland to the west and newer woodland to the south. An existing residential property is located approx 50m south of the site; whilst to the north are a series of small sheds. The site lies within an Area of Great Landscape Value as defined in the adopted Local Plan, and within a Green Belt as defined in the proposed Local Development Plan 2012. This planning application seeks to obtain a planning in principle consent for the erection of a single dwelling. PROCEDURAL MATTER Possible Enforcement It would appear that the site is presently used for a commercial operation, centred around the trading of vehicles and it has been alleged within the representations that this use is unauthorised. There appears to be no record of a change of use application either being submitted or approved on this site, however there is equally no evidence to demonstrate the length of time the site has been used in its current state. To this end, the matter has been past to the Councils Enforcement Officer to investigate further. APPRASIAL Sections 25 and 37(2) of the TCP (S) Act 1997 (as amended by the 2006 act) 112
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requires the determination of the planning application to be made in accordance with the provisions of the Development Plan, unless other material considerations indicate otherwise. The Development Plan for the area comprises the recently approved Tay Plan 2012, and the adopted Perth Area Local Plan 1995 (Incorporating Alteration No1, Housing Land 2000). In terms of the Development Plan, although there are general policies of relevance contained in the Tay Plan, the principal policies of specific relevance to this proposal are contained in the Local Plan. Within the Local Plan, the site lies within the landward area of the Plan where Policies 1 and 32 are directly applicable. Policy 32 refers to new Housing in the Countryside, whilst Policy 1 relates to all new developments within the landward area and seeks (amongst other things) to ensure that all new sites are compatible with existing land uses and that all new sites have a suitable landscape framework which is capable of absorbing the development which is proposed. In addition to this, Policy 12 of the Local Plan, states that there will be a presumption against new development within the AGLV, unless there is a proven operational need. In terms of other material considerations, National Planning Guidance, the Councils other approved policies on Primary Education and HITCP (2009) and contents of the proposed LDP are all material considerations. Based on the above, I ultimately consider the key test(s) of the acceptability of this planning application to be;- a) whether or not the site is compatible with its surrounding land uses b) whether or not the site has a good existing landscape framework (collectively an assessment against Policy 1 of the PALP) c) whether or not the proposal will adversely affect the landscape character of the AGLV and; d) whether or not the proposal is acceptable in land use terms (i.e. compliance with the HITCP’s). I shall address these issues in turn. In terms of compatibility with existing land uses, the principal neighbouring land uses of note are agriculture and residential (to the south). In my opinion, a dwelling on this site will have no adverse impact with either existing land use. In terms of the existing landscape framework, I accept that the site does have a definitive boundary along its eastern edge via the public road; however the remaining boundaries are not defined in any substantial form. I appreciate there is land within the applicants control to create a landscape framework, however I do not consider this scenario to be acceptable and ultimately I do not consider the landscape characteristics of this site to be sufficient to merit it being classed as an acceptable housing site. In terms of the impact on the landscape character of the area, and the impact on the AGLV, as stated previously the Local Plan (through Policy 12) states that there is a presumption against new development within the AGLV, unless the development proposed is directly linked to operational need. However, the Council has taken a more liberal approach to this specific policy within the AGLV in the past, with each proposal considered on its own individual merits, largely based on whether or not the 113
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proposal would have an adverse landscape impact. In this case, a dwelling on this site would increase the visual prominence of the site as the moment the site has little visual impact with the only building being the relatively small workshop which is located to the rear. Although the impact on the landscape of a dwelling on this site would likely be minimal, the fact that the proposal would alter the visual appearance of the area to some degree makes it more difficult to argue that the proposal won’t affect the overall landscape character of the AGLV. I therefore consider the proposal, by virtue of the fact that it will be introducing a new building on the site which is far larger than the existing building, to have an impact on landscape of the AGLV. Whether or not this impact is a negative one, is however perhaps debatable. Turning to the key issue of the acceptability of the land use (for residential), as the site lies within the landward area of the PALP, the proposal falls to be assessed against the Housing in the Countryside Policies (HITCP) as contained firstly within the Local Plan (Policy 32), and secondly, the revised HITCP of 2009. As the site is not part of an existing building group, the only possible section of either policy that the proposal can accord with would be Section 6 of the 2009 HITCP, which relates to Rural Brownfield development. This section of the policy offers support in principle for small scale residential proposals on sites which were formerly occupied by buildings where it would remove dereliction or result in a significant environmental improvement and where it can be demonstrated that there are no other pressing requirements for other uses such as business or tourism on the site. The site at the moment, fails to meet with the requirements of this policy as the site is not presently in a state of dereliction, and the only ‘building’ on the site is clearly still in existence – although I do not consider the existing building to be of a scale to justify a residential development in its place. I therefore find it difficult to offer any support for the proposal under this section of the 2009 Policy. In terms of other material contributions, this includes consideration of the PGN on Education and consideration of the LDP. In terms of the PGN on Education, as the proposal is for planning consent in principle, in the event that an appeal to the LRB were to be successful, an appropriately worded condition should be attached to the consent seeking compliance with the PGN. Within the proposed LDP, the site lies within the landward area and within the area which has been designated as a Green Belt. Policy NE3 of the LDP states that the Housing in the Countryside Policies do not apply within the Green Belt and that any development must be limited to agriculture, horticulture or forestry operations. I consider the identification of the area as a Green Belt to increase the restrictions on development (from that of the AGLV designation in the Local Plan) in this area which increases the argument that this is not a particularly logical site for housing. Based on the above, I recommend the planning application for a refusal. NATIONAL PLANNING GUIDANCE / POLICIES The Scottish Government expresses its planning policies through The National Planning Framework 1 & 2, the Scottish Planning Policy (SPP), Planning Advice Notes (PAN), Designing Places, Designing Streets, and a series of Circulars. The Scottish Planning Policy 2010 This SPP is a statement of Scottish Government policy on land use planning and contains: 114
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§ the Scottish Government’s view of the purpose of planning, § the core principles for the operation of the system and the objectives for key parts of the system, § statutory guidance on sustainable development and planning under Section 3E of the Planning etc. (Scotland) Act 2006, § concise subject planning policies, including the implications for development planning and development management, and § the Scottish Government’s expectations of the intended outcomes of the planning system. Of relevance to this application is paragraphs 92-97 which relates to rural development Planning Advice Note 73 – Housing in the Countryside Designing Places, published in November 2001, sets out the then Scottish Executive’s expectations of the planning system to deliver high standards of design in development for rural and urban areas. The design based Planning Advice Note (PAN) series is an additional means by which we can maintain the profile of design and identify best practice in planning for high quality development. This PAN supersedes and reinforces many of the key themes set out in PAN 36 Siting and Design of New Housing in the Countryside (published in 1991) and brings the advice up to date with the new emphasis on design and quality. The advice in this PAN sets out key design principles which need to be taken into account: by applicants when planning a new development and by planning authorities, when preparing development plans and supporting guidance, and determining applications. The purpose is to create more opportunities for good quality rural housing which respects Scottish landscapes and building traditions. The advice should not, however, be seen as a constraint on architects and designers wishing to pursue innovative and carefully considered contemporary designs. DEVELOPMENT PLAN The Development Plan for the area comprises the approved Tay Plan 2012 and the adopted Perth Area Local Plan 1995 (Incorporating Alteration No1, Housing Land 2000). Within the Tay Plan there are no specific policies of specific relevance relevant to this proposal. Within the Local Plan, the site lies within the landward area, where the following policies are directly relevant. Policies 1(General Development) states that all developments within the Plan area will be judged against the following criteria (amongst others) • The site should have a landscape framework capable of absorbing, and if necessary, screening the development, and where appropriate opportunities for landscape enhancement will be sought. • The development should be compatible with it’s surroundings in land use terms and should not result in a significant loss of amenity to the local community. Policy 12 (AGLV) states that there will be a presumption against built development 115
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within the AGLV, except for operational need. Policy 32 (Housing in the Countryside Policy) is the local plan version of the Council in the Housing in the Countryside Policy which offers support for new housing providing that certain criteria can be met. OTHER COUNCIL POLICIES Proposed LDP 2012 The adopted Local Plan will eventually be replaced by the Proposed Local Development Plan. The Council’s Development Plan Scheme sets out the timescale and stages leading up to adoption. Currently undergoing a period of representation, the Proposed Local Development Plan may be modified and will be subject to examination prior to adoption. This means that it is not expected that the Council will be in a position to adopt the Local Development Plan before December 2014. It is therefore a material consideration in the determination of this application. Within the proposal LDP, the site lies within the landward area within an area identified as a Green Belt, where Policy NE5 is directly applicable. This policy explicitly states that the HITCP does not apply in this area. Housing in the Countryside Policy 2009 This policy is the most recent expression of Council policy towards new housing in the open countryside, and is applicable across the entire landward area of Perth & Kinross. This policy offers a more up to date expression of Council Policy towards housing in the countryside to that contained the Local Plans and recognises that most new housing will continue to be in or adjacent to existing settlements, and states that the Council will support proposals for the erection of single houses in the countryside which fall into certain specified categories. Planning Guidance Note – Developer Contributions May 2009 Across Scotland local authorities are having difficulty maintaining and developing infrastructure in order to keep up with the pressures of new development. Additional funding sources beyond that of the local authority are required to ensure that infrastructure constraints do not inhibit sustainable economic growth. Planning Guidance Note–Primary Education & New Housing Development May 2009 This guidance sets out the basis on which Perth and Kinross Council will seek to secure contributions from developers of new homes towards the cost of meeting primary education infrastructure improvements necessary as a consequence of development. All new housing from the date of adoption including those on sites identified in adopted Local Plans will have the policy applied. 116
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SITE HISTORY None relevant to this proposal. PKC CONSULTATIONS Transport Planning have commented on the planning application and have raised no concerns. ECS has commented on the planning application and confirmed that the local primary school is operating presently operating at over its 80% capacity. EXTERNAL CONSULTATIONS Scottish Water have been consulted on the planning application and raised no comment. REPRESENTATIONS RECEIVED Two letters of representations have been received from individuals, objecting to the proposal. The principal concerns raised by the objectors are that the proposal is contrary to the Development Plan and the HITCP 2009. ADDITIONAL STATEMENTS Environment Statement Not required Screening Opinion Not required. Environmental Impact Assessment Not required Appropriate Assessment Not required Design Statement / Design and Access Statement Not required Report on Impact or Potential Impact None PUBLICITY UNDERTAKEN The application was advertised in the local press on the 3 August 2012. LEGAL AGREEMENTS REQUIRED None required. DIRECTION BY SCOTTISH MINISTERS None applicable to this proposal. 117
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RECOMMENDED REASONS FOR REFUSAL 1 As the proposal does not have an established landscaping framework, the proposal is contrary to Policy 1 of the Perth Area Local Plan 1995 (Incorporating Alteration No1, Housing Land 2000), which seeks to ensure that all sites have a good existing landscape framework in which the development proposed can be set. 2 As the proposal relates to an isolated site, the proposal is contrary to Policy 32 of the Perth Area Local Plan 1995 (Incorporating Alteration No1, Housing Land 2000) as the proposal does not accord with any of the acceptable categories of development i.e. (a) development zones (b) building groups (c) renovation of abandoned houses (d) replacement houses (e) conversion of non-domestic buildings (f) operational need. 3 As the proposal relates to an isolated site and there is insufficient justification to support the proposal as an exceptional stand alone dwelling, the proposal is contrary to the Council’s Policy on Housing in the Countryside (2009) as the proposal does not accord with any of the acceptable categories of development i.e. (1) Building Groups (2) Infill Sites (3) New houses in the open countryside (4) Renovation or Replacement (5) Conversion or Replacement of Redundant Non-Domestic buildings or (6) Rural Brownfield Land. JUSTIFICATION The proposal is not in accordance with the Development Plan and there are no material reasons which justify an approval of the application. INFORMATIVES None PROCEDURAL NOTES None REFUSED PLANS 12/01351/1 - 12/01351/2 Note No background papers as defined by Section 50D of the Local Government (Scotland) Act 1973 (other than any containing confidential or exempt information) were relied on to any material extent in preparing the above Report, although six letters of representation have been received, although two letters of representations have been received. 118
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Proposal: Single Dwellinghouse Site: Silversprings, Balthayock December 2021 Document 4 119
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1 REPORT OF HANDLING DELEGATED REPORT Ref No 15/00586/IPL Ward No N1- Carse Of Gowrie Due Determination Date 12.06.2015 Case Officer Craig Swankie Report Issued by Date Countersigned by Date PROPOSAL: Erection of a dwellinghouse and garage (in principle) LOCATION: Land 90 Metres North East Of Craignorth House Balthayock SUMMARY: This report recommends refusal of the application as the development is considered to be contrary to the relevant provisions of the Perth and Kinross Local Development Plan 2014 and there are no material considerations apparent which justify setting aside the Development Plan. DATE OF SITE VISIT: 24 April 2015 SITE PHOTOGRAPHS 120
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2 BACKGROUND AND DESCRIPTION OF PROPOSAL This application seeks permission in principle to erect a dwellinghouse on a site 90 metres north east of Craignorth House, Balthayock. The site lies within the Perth Green Belt Area as defined in the Perth and Kinross Local Plan 2014. The site, located on the eastern side of Kinnoull Hill is currently a hardstanding used to store vehicles, with a small workshop and shed in the west of the site. The 0.9 ha site is rectangular in shape, approx. 55 metres x 20 metres. A public road bounds the site to the east, with the north, east and west boundaries defined by a mixture of hedging and fencing. The wider area at Balthayock is largely agricultural land with a narrow strip of mature woodland to the south west of the site. An existing residential property Craignorth House is located approx. 90m south of the site. Previously application 12/01351/IPL for the erection of a dwelling house and garage in principle on this site was refused, as the proposals were contrary to Policy 1 and 32 of the Perth Area Local Plan 1995 and the Council’s Policy on Housing in the Countryside (2009). SITE HISTORY 12/01351/IPL Erection of a dwellinghouse and garage (in principle) 3 September 2012 Application Refused PRE-APPLICATION CONSULTATION Pre application Reference: None 121
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3 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 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 PM3 - Infrastructure Contributions Where new developments (either alone or cumulatively) exacerbate a current or generate a need for additional infrastructure provision or community facilities, planning permission will only be granted where contributions which are reasonably related to the scale and nature of the proposed development are secured. Policy NE5 - Green Belt Development in the Green Belt will only be allowed where it conforms with the 5 criteria set out. The Housing in the Countryside Policy RD3 does not apply in the Green Belt. OTHER POLICIES 122
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4 PKC Developer Contributions Supplementary Planning Guidance 2014 CONSULTATION RESPONSES Scottish Water – No response Education And Children's Services - No contribution required for in principle permission. Any contribution will be calculated upon submission of a detailed planning application. Contributions Officer – Any education contribution will be calculated upon submission of a detailed planning application. The application falls within the full contribution area identified by the Transport Infrastructure Supplementary Guidance. Transport Planning – No objection, subject to condition. Environmental Health – No objection, subject to condition and informatives Community Waste Advisor, Environment Service – Waste to be collected from road end. REPRESENTATIONS No representations were received. 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. 123
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5 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 Since the refusal of application 12/01351/IPL, the Perth and Kinross Local Development Plan 2014 has been adopted. Under the Local Development Plan 2014 the site sits within an area designated as Green Belt which surrounds Perth, therefore Policy NE5 is applicable. Development within the Green Belt is not supported unless the requirements of Policy NE5 are met. With regard to the present application for the erection of a dwelling house in principle, under Policy NE5 there is no support for the erection of new buildings including residential dwellinghouses. Policy NE5 Green Belt will only support development within the green belt where it meets at least one of the five criteria set out in points a) to f) of Policy NE5. Parts a) and b) of Policy NE5 support development which is essential to agriculture, horticulture or forestry. Part c) supports developments which improve access to the countryside and parts d) and e) support the appropriate alteration and extension of buildings and development relating to essential infrastructure where appropriate. Finally, part f) requires new development within the green belt to consider mitigation of any adverse impacts on the green belt. The proposed erection of a dwellinghouse at this site is not considered to meet any of the criteria of Policy NE5. Policy RD3 Housing in the Countryside of the Perth and Kinross Local Development Plan 2014 does not apply to applications within the green belt area. For the reasons outlined in this report, the application is considered contrary to Policy NE5 and PM1 of the Perth and Kinross Local Plan 2014. Design and Layout The rectangular site is relatively flat with a slight eastern slope. Any dwellinghouse on the site would be detached from any other development. There is only one residential property nearby, Craignorth House, which is situated 90 metres south west of the site. Whilst the applicant has not submitted any detailed plans with the application a Proposals Justification statement was submitted which outlines the client’s intention to erect a single storey 5 apartment dwellinghouse with detached garage. There is considered to be some potential for the site to accommodate a dwellinghouse and garage, but the long nature of the site would limit the amount of amenity space available. Further to this, as the site and wider area is open in nature with a public road running along the east of the site, any dwelling would be a prominent feature in the landscape. The proposals are considered to be contrary to Policy PM1A and Policy NE5. Policy PM1A requires development to contribute positively to the quality of the surrounding built and natural environment, respecting the character and amenity of the place. A dwellinghouse at this site would sit in a prominent position, detached from existing dwellinghouses and the sites rectangular nature and width of only 20 124
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6 metres would create a development which appears restricted. This would not be in keeping with the character of the area and would not contribute positively to the wider landscape. The majority of existing developments close to the application site and within the green belt are farms, with a small number of individual dwellings with large garden areas. The development is not considered suitable under any of the criteria outlined in Policy NE5. Landscape and Visual Amenity As above, Policy NE5 requires any development within the green belt to meet specific criteria relating to use and landscape impact. A dwellinghouse within this site, next to a public road with relatively open agricultural land to the north and south is considered to have a negative impact on the wider landscape. It is acknowledge the sites existing use as a storage area with workshop is not of high value to the wider landscape, but vehicle and equipment storage on the site is in keeping with the rural character of the area. The erection of a dwellinghouse at the site would be contrary to the aims and criteria of Policy NE5 which seeks to maintain and improve access, support recreational activities in the countryside and only support proposals which benefit the wider landscape. In September 2012, when previous application 12/01351/IPL was refused, the site was within an Area of Great Landscape Value (AGLV). This designation ended with the adoption of the Perth and Kinross Local Plan 2014. The council is set to adopt Landscape Supplementary Guidance in June 2015, within this guidance the application site is in the Sidlaw Hills Landscape Area. As such, the supplementary guidance and policy ER6 of the Local Development Plan would apply. Whilst the supplementary guidance is yet to be adopted (scheduled June 2015) it is noted that the proposed development would be considered contrary to the Landscape Supplementary Guidance and Policy ER6 which aim to preserve and enhance the natural character and environment of the area. A dwelling house at this site would not preserve or enhance the rural, agricultural character of the area nor contribute to the quality of the local countryside in terms of outdoor access or rural business use. Residential Amenity As this proposal is only in principle, the exact layout and orientation of the dwelling and window placements are not known at this stage. However, considering the size and shape of the plot and that there is no developments neighbouring the site, I do not foresee any issues in terms of the impact on existing residential amenity. Roads and Access Following consultation with Transportation Planning, no objections have been raised. A condition is recommended requiring further details be submitted. 125
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7 Any full application must outline access, parking, turning and surface water disposal arrangements at the site. Use of the existing access onto a public road is considered acceptable. Given the sites restrictive width consideration will need to be given to parking provision within the site. Drainage and Flooding There are no known flood risks to the site. 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. 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 fail 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 refusal. 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 Refuse the application Reasons for Refusal 1. The proposal is contrary to policy NE5 Green Belt, of the adopted Perth and Kinross Local Development Plan 2014. The erection of a 126
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8 dwellinghouse on this site would not meet any of the criteria set out in Policy NE5 sections a) to f). The site is located in a rural area; a dwellinghouse would have a negative impact on the local landscape which has an existing open, agricultural character. 2. The proposal is ckontrary to Policy PM1: Placemaking of the adopted Perth and Kinross Local Development Plan 2014 as a dwellinghouse in this location would not contribute positively to the quality of the surrounding area in terms of character, amenity or natural heritage. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 15/00586/1 15/00586/2 15/00586/3 PROPOSAL JUSTIFICATION Date of Report 21.05.2015 127
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1 REPORT OF HANDLING DELEGATED REPORT Ref No 17/02122/IPL Ward No N1- Carse Of Gowrie Due Determination Date 03.02.2018 Case Officer Andy Baxter Report Issued by Date Countersigned by Date PROPOSAL: Siting of a mobile residential caravan/timber lodge (in principle) LOCATION: Land 90 Metres North East Of Craignorth House, Balthayock SUMMARY: This report recommends refusal of a planning in principle application for the siting of a mobile caravan/mobile on a site on Kinnoull Hill at Balthayock 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. DATE OF SITE VISIT: 21 February 2018 SITE PHOTOGRAPH View of the site and the existing buildings 129
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2 BACKGROUND AND DESCRIPTION OF PROPOSAL This planning application seeks to obtain a planning in principle consent for the siting of a temporary residential unit on a site on Kinnoull Hill. The indicative details submitted by the applicant suggest that a static caravan/lodge is envisaged. The site is roughly rectangular in shape with a depth (east to west) of approx. 54m and a width of approx. 18.5m (north to south). The site is generally flat, with the main part covered in a hardcore which was associated with a previous use. At the western end of the site are a number of old sheds and buildings and a residential touring caravan. To the north of the site is a relevantly large redundant farm building, whilst to the south and west are paddock areas. On the other side of the southern paddock area is an existing dwelling, and to the east of the site is the public road. An existing vehicular access exists to the public road, as well as some feature entrance walling. PROCEDURAL MATTER The application was initially registered with the description of the erection of a dwellinghouse (in principle). The applicant has indicated both on the application forms and in person that the residential accommodation proposed is to be a timber chalet/caravan, placed on movable steel chassis. To this end, the description of the planning application has been amended during the course of the application to read ‘Siting of a mobile residential caravan/timber lodge’. The reference to a timber lodge has been included to allow the applicant some scope to exceed the size restrictions which are attached to a ‘caravan’, as defined in the relevant caravan legislation – if permission was forthcoming. SITE HISTORY Two previous planning applications for the erection of a dwelling have been refused on the site, one in 2012 (12/01351/IPL) and one in 2015 (15/00586/IPL). 130
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3 PRE-APPLICATION CONSULTATION General discussions took place with the applicant prior to the submission of the planning application. 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. Of relevance to this planning application is, The Scottish Planning Policy 2014 The Scottish Planning Policy (SPP) was published in June 2014 and it sets out national planning policies which reflect Scottish Ministers’ priorities for operation of the planning system and for the development and use of land. The SPP promotes consistency in the application of policy across Scotland whilst allowing sufficient flexibility to reflect local circumstances. It directly relates to: • the preparation of development plans; • the design of development, from initial concept through to delivery; and • the determination of planning applications and appeals. Of relevance to this planning application are Paragraphs 74 - 83, which relates to Promoting Rural Development and Paragraphs 109 -134, which relates to Enabling Delivery of New Homes. DEVELOPMENT PLAN The Development Plan for the area comprises the TAYplan Strategic Development Plan 2016-2036 and the Perth and Kinross Local Development Plan 2014. 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 131
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4 live, work, study 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 site lies within the landward area of the Local Development Plan, within an area that has been identified as part of the Green Belt. To this end, the following policies are applicable to this proposal. 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 PM3 - Infrastructure Contributions Where new developments (either alone or cumulatively) exacerbate a current or generate a need for additional infrastructure provision or community facilities, planning permission will only be granted where contributions which are reasonably related to the scale and nature of the proposed development are secured. Policy NE5 - Green Belt Development in the Green Belt will only be allowed where it conforms with the 5 criteria set out. The Housing in the Countryside Policy RD3 does not apply in the Green Belt. Policy ER6 –Managing Future Landscape Change to Conserve and Enhance the Diversity and Quality of the Area’s Landscapes Development and land use change should be compatible with the distinctive characteristics and features of Perth & Kinross’s landscapes. Accordingly, development proposals will be supported where they do not conflict with the aim of maintaining and enhancing the landscape qualities of Perth and Kinross. 132
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5 OTHER COUNCIL POLICIES Developer Contributions and Affordable Housing (2016) This policy outlines the Councils position in relation to developer contributions in relation to primary education, transport infrastructure and A9 junction improvements, as well as our Affordable Housing provision requirements. Landscape Supplementary Guidance (2015) It has been produced to include the review and update of Local Landscape Designations in Perth and Kinross into the Council's planning policy framework. It also provides further advice on the implementation of Local Development Policy ER6: Managing Future Landscape Change to Conserve and Enhance the Diversity and Quality of the Area's Landscapes within the 11 Special Landscape Areas, and will help to bring forward land management initiatives to protect and enhance these areas. EXTERNAL CONSULTATION RESPONSES Dundee Airport were consulted on the planning application, but have made no specific comment. INTERNAL COUNCIL COMMENTS Local Development Plan Team where consulted but have made no specific comment on the planning application. Structures and Flooding have commented on the proposal and raised no objections. Development Negotiations Officer has commented on the proposal and indicated that in the event of an approval, conditions relating to both Primary Education and Transport Infrastructure would be required. Environmental Health have commented on the proposal in relation to private water supplies and also contaminated land. Subject to conditions, they have no objections to either aspect. Transport Planning have commented on the proposal in terms of the proposed access and parking provision, and raised no objections. REPRESENTATIONS None received within the statutory timeframes; however one late letter of representation was received. That representation was largely objecting to the 133
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6 proposal on the grounds of that the development was within the Green Belt area. ADDITIONAL INFORMATION Environmental Impact Assessment (EIA) Not Required Screening Opinion Not Required EIA Report Not Required Appropriate Assessment Not Required Design Statement or Design and Access Statement Not Required Report on Impact or Potential Impact 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 2017 and the adopted Perth and Kinross Local Development Plan 2014. In terms of other material issues, the sites planning history and also compliance with the Developer Contributions and Affordable Housing 2016 document are material considerations. Policy Appraisal The site is located within the landward area of the Local Development Plan, within an area which has been identified as Green Belt where Policy NE5 of the Local Development Plan is directly applicable. This policy specifically states that the Council’s Housing in the Countryside Policies are not applicable within the Green Belt area, and that the only acceptable form of new residential development would be change of uses of existing buildings (conversions) which are of suitable architectural form. In addition to this, Policy PM1A of the Local Development Plan is also applicable, and seeks to ensure that all new developments do not have an adverse impact on the on the local environment. For reasons stated below, I consider the proposal to be contrary to Policy NE5 of the Local Development Plan. 134
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7 Land Use The site lies within the landward area of the Local Development Plan, where ordinarily the Council’s Housing in the Countryside Policies would be applicable to a new residential proposal such as this. However, the location of the site is located within the restrictive Green Belt area where the Housing in the Countryside Policies are not applicable. Policy NE5 of the Local Development Plan specifically states (under Note 1) that the Housing in the Countryside Policy RD3 does not apply in the Green Belt. Policy NE5 goes onto say that within the Green Belt area new residential proposals would only be acceptable when they involve the conversions of buildings that are of suitable architectural quality. To this end, as this proposal is for a new development which is not a change of use of a building or a conversion, the proposal would fail to accord with the overarching requirements of Policy NE5. Visual Amenity, Design and Layout This is only a planning in principle application so no details are under consideration at this stage. Notwithstanding this, as the applicant has indicated that the proposed dwelling would be a residential caravan / timber lodge. To this end, the proposal has the potential to adversely impact on the visual amenity of the area as a mobile residential unit would be out of character of the local area. Impact on Landscape The site is located within the Special Landscape Area associated with Kinnoull Hill, and which extends across the Sidlaws Hills. At this planning in principle stage, no details are to be approved in relation to the visual appearance of the dwelling, however as the applicant has indicated the proposed dwelling would be a residential caravan / timber lodge. To this end, the proposal has the potential to adversely impact the landscape of the area as a mobile residential unit would be out of character of the local area. Residential Amenity In terms of impacting on any existing residential amenity, the proposal would have limited impact. The only affected residential property is a good distance way, and the siting of any residential accommodation on the site would not have any direct impact on their existing residential amenity. 135
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8 In terms of being able to provide a suitable level of residential amenity for future occupiers, the site is sufficiently large to be able to provide a suitable level of residential amenity. Roads and Access The proposal raises no issues in terms of vehicular access or parking provision, and I note that my colleagues in the Transport Planning section have no concerns. Drainage and Flooding The proposal raises no issues in terms of drainage or flooding issues. Developer Contributions Affordable Housing As this proposal is for a single dwelling, there is no requirement for any Affordable Housing provision. Primary Education In the event that a planning application is approved, a standard compliance condition should be applied to any consent. A9 Junction Improvements The site lies outwith the catchment area for A9 Junction improvements. Transport Infrastructure The site is located within the catchment area for Transport Contributions. In the event that a planning application is approved, a standard compliance condition should therefore be applied to any consent. Economic Impact The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. Conclusion 136
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9 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 be contrary to the adopted Local Development Plan 2014. I have taken account of other material considerations and find none that would justify overriding the adopted Development Plan. On that basis the application is recommended for refusal. APPLICATION PROCESSING TIME The recommendation for this application has not been made within the statutory determination period. LEGAL AGREEMENTS None required. DIRECTION BY SCOTTISH MINISTERS None applicable to this proposal. RECOMMENDATION Refuse the planning application because of the following reasons, 1 As the site is located with an a area identified as ‘Green Belt’, the proposed siting of a new residential unit is contrary to Policy NE5 of the adopted Local Development Plan 2014 which states that for new residential proposals acceptable proposals are limited to conversions of existing buildings which are of a suitable architectural quality. 2 As the proposal would have an adverse impact on the visual amenity of the local landscape, the proposal is contrary to Policies PM1A and ER6 of the adopted Local Development Plan 2014 which both seek to protect existing landscapes from inappropriate new developments, and to ensure that existing visual amenity is not adversely affected. 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 137
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10 None Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 17/02122/1 17/02122/2 Date of Report - 17 April 2018 138
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4(i)(b) LRB-2022-41 LRB-2022-41 22/00329/FLL - Erection of a dwellinghouse, land 90 metres north east of Craignorth House, Balthayock, PH2 7LQ PLANNING DECISION NOTICE (included in applicant’s submission, pages 51-52) REPORT OF HANDLING (included in applicant’s submission, pages 53-61) REFERENCE DOCUMENTS (included in applicant’s submission, pages 71-142) 155
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4(i)(c) LRB-2022-41 LRB-2022-41 22/00329/FLL - Erection of a dwellinghouse, land 90 metres north east of Craignorth House, Balthayock, PH2 7LQ REPRESENTATIONS (included in applicant’s submission, pages 143-153) 157
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