Item 4(iii) LRB-2022-43
Perth and Kinross Council · 29 November 2022
Back to Local Review Body — 29 November 2022 and its agenda
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4(iii) LRB-2022-43 LRB-2022-43 Review of Condition 5 imposed on planning permission 22/00926/FLL - Erection of beauty treatment building to form extension to existing Class 2 business and associated works, 2 Errol Road, Invergowrie, DD2 5AD INDEX (a) Papers submitted by the Applicant (Pages 211-222) (b) Decision Notice (Pages 225-227) Report of Handling (Pages 229-238) Reference Documents (Pages 220-222 and 239-254) (c) Representations (Pages 255-270) 209
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4(iii)(a) LRB-2022-43 LRB-2022-43 Review of Condition 5 imposed on planning permission 22/00926/FLL - Erection of beauty treatment building to form extension to existing Class 2 business and associated works, 2 Errol Road, Invergowrie, DD2 5AD PAPERS SUBMITTED BY THE APPLICANT 211
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Notice of Review NOTICE OF REVIEW UNDER SECTION 43A(8) OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED)IN RESPECT OF DECISIONS ON LOCAL DEVELOPMENTS THE TOWN AND COUNTRY PLANNING (SCHEMES OF DELEGATION AND LOCAL REVIEW PROCEDURE) (SCOTLAND) REGULATIONS 2008 THE TOWN AND COUNTRY PLANNING (APPEALS) (SCOTLAND) REGULATIONS 2008 IMPORTANT: Please read and follow the guidance notes provided when completing this form. Failure to supply all the relevant information could invalidate your notice of review. Use BLOCK CAPITALS if completing in manuscript Applicant(s) Name FRESH INC MEDISPA c/o ELAINE KENNETH Address Postcode 2 ERROL ROAD, INVERGOWRIE, DUNDEE, DD2 5AD Contact Telephone 1 Contact Telephone 2 Fax No E-mail* HELLO@WESKETCHSPACE.CO.UK Agent (if any) Name ANTHONY ROBERTSON DESIGN LIMITED Address Postcode 62 DOCK STREET, DUNDEE, DD1 3DU Contact Telephone 1 07902030911 Contact Telephone 2 07751963959 Fax No E-mail* HELLO@WESKETCHSPACE.CO.UK Mark this box to confirm all contact should be through this representative: ☐ * Do you agree to correspondence regarding your review being sent by e-mail? Yes ☐ No ☐ Planning authority PERTH + KINROSS COUNCIL Planning authority’s application reference number 22/00926/FLL Site address 2 ERROL ROAD, INVERGOWRIE, DUNDEE, DD2 5AD Description of proposed development ERECTION OF BEAUTY TREATMENT BUILDING TO FORM EXTENSION TO EXISTING CLASS 2 BUSINESS AND ASSOCIATED WORKS Date of application 18 MAY 2022 Date of decision (if any) 5 JULY 2022 Note. This notice must be served on the planning authority within three months of the date of the decision notice or from the date of expiry of the period allowed for determining the application. Nature of application Page 1 of 5 213
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Notice of Review 1. Application for planning permission (including householder application) ☐ 2. Application for planning permission in principle ☐ 3. Further application (including development that has not yet commenced and where a time limit has been imposed; renewal of planning permission; and/or modification, variation or removal of a planning condition) ☐ 4. Application for approval of matters specified in conditions ☐ Reasons for seeking review 1. Refusal of application by appointed officer ☐ 2. Failure by appointed officer to determine the application within the period allowed for determination of the application ☐ 3. Conditions imposed on consent by appointed officer ☐ Review procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may tick more than one box if you wish the review to be conducted by a combination of procedures. 1. Further written submissions ☐ 2. One or more hearing sessions ☐ 3. Site inspection ☐ 4 Assessment of review documents only, with no further procedure ☐ If you have marked box 1 or 2, please explain here which of the matters (as set out in your statement below) you believe ought to be subject of that procedure, and why you consider further submissions or a hearing are necessary: CONDITION 5 WAS IMPOSED ON OUR PROPOSAL WITHOUT FULL CONSIDERATION AND THE BENEFIT OF THE FOLLOWING INFORMATION: THE APPLICANT'S BRIEF, APPLICANT’S BUDGET, COST OF MATERIALS, THE SITE CONSTRAINTS AND INTENDED PROXIMITY OF THE BUILDING TO THE APPLICATION SITE BOUNDARY, CONSIDERATION FOR ONGOING MAINTENANCE GIVEN THE LIMITED ACCESS TO THE BUILDING AS WELL AS THE OVERALL AESTHETIC QUALITIES OF THE FINISHING MATERIALS. THE IMPLICATIONS OF CONDITION 5 CONFLICT WITH OUR OWN REQUIREMENTS, IN EFFECT, THE PLANNING AUTHORITY HAVE NOW BECOME A DESIGNER WITHOUT THE BENEFIT OF ALL THE RELEVANT INFORMATION NOTED ABOVE. IN ORDER TO COMPLY WITH THE REQUIREMENTS OF CONDITION 5 POTENTIALLY MAKES THE PROJECT FINANCIALLY UNVIABLE TO THE APPLICANT DUE TO THE INCREASED COSTS ASSOCIATED WITH PROVIDING THE SEDUM GREEN ROOF AND NATURAL TIMBER CLADDING. Site inspection Page 2 of 5 214
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Notice of Review In the event that the Local Review Body decides to inspect the review site, in your opinion: 1. Can the site be viewed entirely from public land? Yes ☐ No ☐ 2 Is it possible for the site to be accessed safely, and without barriers to entry? ☐ ☐ If there are reasons why you think the Local Review Body would be unable to undertake an unaccompanied site inspection, please explain here: Statement You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. Note: you may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. The Local Review Body will have access to all existing papers related to the application. If the Local Review Body issues a notice requesting further information from any other person or body, you will have a period of 14 days in which to comment on any additional matter which has been raised by that person or body. State here the reasons for your notice of review and all matters you wish to raise. If necessary, this can be continued or provided in full in a separate document. You may also submit additional documentation with this form. PLEASE REFER TO OUR ORIGINALLY SUBMITTED DRAWING 259 008A PROPOSED ELEVATIONS; IN REGARD TO THE FINISHING MATERIALS FOR THE NEW BUILDING, WE PROPOSED A FULLY ADHERED SINGLE-PLY WATERPROOFING ROOFING MEMBRANE, COLOUR BLACK AS THE ROOF COVERING AND CEDRAL CLICK FIBRE CEMENT VERTICAL CLADDING BOARDS, COLOUR BLACK SMOOTH FOR THE EXTERNAL WALLS. THESE MATERIALS WERE SELECTED AFTER CAREFUL CONSIDERATION TO THE FOLLOWING INFORMATION: THE APPLICANT'S BRIEF, APPLICANT’S BUDGET, COST OF MATERIALS, THE SITE CONSTRAINTS AND INTENDED PROXIMITY OF THE BUILDING TO THE APPLICATION SITE BOUNDARY, CONSIDERATION FOR ONGOING MAINTENANCE GIVEN THE LIMITED ACCESS AS WELL AS THE OVERALL AESTHETIC QUALITIES OF THE FINISHING MATERIALS. ON DETERMINATION OF OUR APPLICATION FOR PLANNING PERMISSION, CONDITIONS WERE IMPOSED; CONDITION 5 STATED THAT: THE FINISHING MATERIALS ARE NOT APPROVED. THE ROOF SHALL HAVE A SEDUM GREEN ROOF OR SIMILAR AND THE WALLS SHALL BE CLAD IN A NATURAL TIMBER CLADDING. THESE CONFLICT WITH OUR OWN REQUIREMENTS, IN EFFECT, THE PLANNING AUTHORITY HAVE NOW BECOME A DESIGNER WITHOUT THE BENEFIT OF ALL THE RELEVANT INFORMATION. IN OUR OPINION, THEY HAVE MADE A MATERIAL CHANGE TO OUR PROPOSAL WITHOUT FIRST CONSULTING WITH EITHER OURSELVES, AS AGENT, AND IN TURN, THE APPLICANT, OUR CLIENT. WE WOULD ASK THAT OUR LOCAL REVIEW APPLICATION BE SUPPORTED SO THAT THE ORIGINAL FINISHING MATERIALS CAN BE REINSTATED AND CONDITION 5 ERASED FROM PLANNING PERMISSION REFERENCE 22/00926/FLL. IN REGARD TO THE REQUIREMENTS FOR A SEDUM GREEN ROOF, THE COST TO PROVIDE THIS PER SQM IN COMPARISON TO THE WATERPROOFING ROOFING MEMBRANE WE ORIGINALLY PROPOSED IS SIGNIFICANTLY MORE EXPENSIVE. IF REQUIRED, THE ADDITIONAL WORKS REQUIRED TO THE STRUCTURAL ELEMENTS TO PROVIDE THE SEDUM GREEN ROOF WILL EXCEED THE APPLICANT’S BUDGET AND IN TURN THE PROPOSAL COULD BE ABANDONED; THE REQUIREMENT FOR A SEDUM GREEN ROOF MAKES THE PROJECT FINANCIALLY UNVIABLE TO THE APPLICANT. WE WOULD ALSO NOTE THAT THE VAST MAJORITY OF THE ROOF COVERING IS HIDDEN BEHIND PARAPET WALLS AND CANNOT BE VIEWED BY THE PUBLIC IN THE CONTEXT OF THE LISTED BUILDINGS; ONLY A SMALL SECTION OVER THE ENTRANCE LOBBY IS EXPOSED, SEE OUR ORIGINALLY SUBMITTED VISUALISATIONS. THE ROOF COVERING IS ABOVE EYE LEVEL AND IS NOT IN DIRECT SIGHT. OTHER THAN FROM A BIRDS EYE VIEW AND THE INCREASED DEPTH OF THE FASCIA/SHUTTERING REQUIRED AROUND THE BUILD UP/LAYERS OF THE SEDUM GREEN ROOF; THERE WILL BE LITTLE/IF ANY AESTHETIC DIFFERENCE BETWEEN THE FULLY ADHERED SINGLE-PLY WATERPROOFING ROOFING MEMBRANE WE PROPOSED AND THE SEDUM GREEN ROOF IMPOSED BY CONDITION 5. Page 3 of 5 215
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Notice of Review THE AESTHETIC APPEARANCE OF THE BUILDING FROM STREET LEVEL/ THE PUBLIC REALM WILL IN OUR OPINION BE NO DIFFERENT WITH EITHER ROOF COVERING; THE MATERIAL DIFFERENCE BETWEEN THE TWO IS THE INCREASED COST AND ONGOING MAINTENANCE OF THE SEDUM GREEN ROOF. IN REGARD TO THE REQUIREMENTS FOR NATURAL TIMBER CLADDING ON THE EXTERNAL WALLS; DUE TO THE PROXIMITY OF THE BUILDING TO THE APPLICATION SITE BOUNDARY THIS SPECIFICATION IS NOT FIT FOR PURPOSE. PARTS OF OUR EXTERNAL WALLS ARE LOCATED NOT MORE THAN 1M FROM THE APPLICATION SITE BOUNDARY AND AS SUCH, ANY EXTERNAL WALL CLADDING SHOULD ACHIEVE A EUROPEAN CLASSIFICATION OF EITHER A1 OR A2, NON-COMBUSTIBLE OR LIMITED COMBUSTIBILITY. NATURAL TIMBER CLADDING EVEN WITH TREATMENT AND COATINGS CANNOT ACHIEVE THESE CLASSIFICATIONS THEREFORE THE BUILDING WOULD FAIL TO MEET THE REQUIREMENTS OF THE BUILDING STANDARDS IN REGARD TO SECTION 2 FIRE. ONGOING MAINTENANCE, ACCESS AND DISRUPTION TO THE APPLICANT’S BUSINESS WAS ALSO A MATERIAL CONSIDERATION WHEN DESIGNING AND SPECIFYING THE FINISHING MATERIALS OF THE BUILDING. TIMBER CLADDING REQUIRES ANNUAL MAINTENANCE TO MAINTAIN ITS APPEARANCE, THIS WOULD DISRUPT OUR CLIENTS BUSINESS WITH A LOSS IN TRADE, PARTS OF THE BUILDING WILL ALSO BE INACCESSIBLE MAKING THEM VERY DIFFICULT TO MAINTAIN. THE FIBRE CEMENT CLADDING BOARDS PROPOSED HAVE THE SAME AESTHETIC APPEARANCE AS TIMBER CLADDING BOARDS BUT THEY REQUIRE NO MAINTENANCE AND CAN BE LOCATED NOT MORE THAN 1M FROM THE SITE BOUNDARY THEREFORE THEY WILL NOT UNEVENLY WEATHER AND WILL NOT POSE A RISK OF FIRE SPREADING TO ADJACENT BUILDINGS. FOR THE REASONS NOTED ABOVE, WE WOULD RESPECTFULLY REQUEST THAT CONDITION 5 BE ERASED FROM PLANNING PERMISSION REFERENCE 22/00926/FLL AND THAT THE ORIGINALLY PROPOSED FINISHING MATERIALS AS NOTED ON DRAWING 259 008A PROPOSED ELEVATIONS BE REINSTATED. Have you raised any matters which were not before the appointed officer at the time the determination on your application was made? Yes ☐ No ☐ If yes, you should explain in the box below, why you are raising new material, why it was not raised with the appointed officer before your application was determined and why you consider it should now be considered in your review. List of documents and evidence Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. Please do not submit copies of the original planning application form; plans; report of handling or decision notice. The Local Review Body will have access to all existing papers related to the application. Note. The planning authority will make a copy of the notice of review, the review documents and any notice of the procedure of the review available for inspection at an office of the planning authority until such time as the review is determined. It may also be available on the planning authority website. Checklist Page 4 of 5 216
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Notice of Review Please mark the appropriate boxes to confirm you have provided all supporting documents and evidence relevant to your review: ☐ Full completion of all parts of this form ☐ Statement of your reasons for requiring a review ☐ All documents, materials and evidence which you intend to rely on which are now the subject of this review. Note. Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number from that earlier consent. Declaration I the agent hereby serve notice on the planning authority to review the application as set out on this form and in the supporting documents. Signed Date 5 AUGUST 2022 Page 5 of 5 217
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4(iii)(b) LRB-2022-43 LRB-2022-43 Review of Condition 5 imposed on planning permission 22/00926/FLL - Erection of beauty treatment building to form extension to existing Class 2 business and associated works, 2 Errol Road, Invergowrie, DD2 5AD PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS (part included in applicant’s submission, pages 220-222) 223
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REPORT OF HANDLING DELEGATED REPORT Ref No 22/00926/FLL Ward No P1- Carse Of Gowrie Due Determination Date 1st August 2022 Draft Report Date 5th July 2022 Report Issued by Date PROPOSAL: Erection of beauty treatment building to form extension to existing Class 2 business and associated works LOCATION: 2 Errol Road Invergowrie Dundee DD2 5AD SUMMARY: This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. SITE VISIT: In line with established practices, the need to visit the application site has been carefully considered by the case officer. The application site and its context have been viewed by a variety of remote and electronic means, such as aerial imagery and Streetview, in addition to photographs submitted by interested parties. This information has meant that, in this case, it is possible and appropriate to determine this application without a physical visit as it provides an acceptable basis on which to consider the potential impacts of this proposed development. SITE PHOTOGRAPHS 229
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BACKGROUND AND DESCRIPTION OF PROPOSAL Full planning permission is sought for the erection of a modular beauty treatment building to form an extension to an existing Class 2 business and associated works at 2 Errol Road in Invergowrie. The proposed site is within the garden ground of the category C listed former schoolhouse at 2 Errol Road (LB 10843). The former schoolhouse forms part of a category B group with the adjacent listed buildings including the attached former school, Invergowrie Parish Church, All Soul's Episcopal Church, the Old Rectory and former coach house and stables, and the associated stone boundary walls. The applicant currently operates a beauty treatment facility within a category C listed building on the site and the proposal is to erect a single storey detached flat roof building in the open space to the west of the building. The building is proposed to accommodate additional treatment rooms, a small reception area and an accessible WC. The building is proposed to be pre-fabricated off site. It is proposed to be located behind the existing building line. The site is currently occupied by an attractive stone built C listed building which was granted a change of use in 2016 (ref:15/02181/FLL) to allow class 2 business use as a beauty salon. The site is bound by stone walls, mature trees and hedges. There are a variety of uses in the immediate vicinity, including business premises, food outlets, residential and education. A category A listed Episcopal Church is located immediately to the west. 230
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An application for listed building consent on the site was refused in 2020 (ref:20/00675/LBC) due to overdevelopment and impact on the setting of the adjacent category A listed building. An application for an extension on this site was the granted in August 2020 (20/00674/FLL) and this proposal is similar in terms of its form, position and scale but now seeks to form a separate building rather than a physically connected extension. SITE HISTORY 03/01664/LBC Demolition and reconstruction of wall in set-back position (to facilitate footway widening) 16 December 2003 Application Approved 06/01028/LBC Alterations to raise the height of a boundary wall 19 July 2006 Application Approved 15/02181/FLL Change of use from residential (class 9) to beauty salon (class 2) 25 May 2016 Application Approved 16/01573/ADV Display of sign 22 November 2016 Application Approved 16/01578/LBC Alterations 22 November 2016 Application Approved 18/00549/FLL Erection of a dwellinghouse 19 June 2018 20/00674/FLL Extension to building, landscaping and associated works 13 August 2020 Application Approved 20/00675/LBC Alterations 7 July 2020 Application Refused 20/01083/LBC Alterations 24 November 2020 – application returned 22/00927/LBC Alterations 2 June 2022 – application returned PRE-APPLICATION CONSULTATION Pre application Reference: 20/00119/PREAPP NATIONAL POLICY AND GUIDANCE The Scottish Government expresses its planning policies through The National Planning Framework, the Scottish Planning Policy (SPP), Planning Advice Notes (PAN), Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. DEVELOPMENT PLAN The Development Plan for the area comprises the TAYplan Strategic Development Plan 2016-2036 and the Perth and Kinross Local Development Plan 2 (2019). 231
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TAYplan Strategic Development Plan 2016 – 2036 - Approved October 2017 Whilst there are no specific policies or strategies directly relevant to this proposal the overall vision of the TAYplan should be noted. The vision states “By 2036 the TAYplan area will be sustainable, more attractive, competitive and vibrant without creating an unacceptable burden on our planet. The quality of life will make it a place of first choice where more people choose to live, work, study and visit, and where businesses choose to invest and create jobs.” Perth and Kinross Local Development Plan 2 – Adopted November 2019 The Local Development Plan 2 (LDP2) is the most recent statement of Council policy and is augmented by Supplementary Guidance. The principal policies are: • 1A – Placemaking • 1B – Placemaking • 5 – Infrastructure Contributions • 17 – Residential Areas • 27A – Listed Buildings • 40B – Forestry, Woodland and Trees: Trees, Woodland and Development • 41 – Biodiversity • 56 – Noise Pollution • 60B – Transport Standards and Accessibility Requirements: New Development Proposals OTHER POLICIES Placemaking Supplementary Guidance 2020 CONSULTATION RESPONSES INTERNAL Conservation Team – no objection subject to alternative finishing materials Environmental Health (Noise Odour) – no objection subject to condition Transport Planning – discussed verbally and no objection EXTERNAL Historic Environment Scotland – no objection Scottish Water – no objection Dundee Airport Ltd – no comments 232
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REPRESENTATIONS The following points were raised in the 1 representation received: • Lack of car parking The above issue is addressed within the appraisal section below. ADDITIONAL STATEMENTS Screening Opinion EIA Not Required Environmental Impact Assessment (EIA): Environmental Report Not Required Appropriate Assessment Habitats Regulations AA Not Required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Not Required APPRAISAL Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997 require that planning decisions be made in accordance with the development plan unless material considerations indicate otherwise. The Development Plan for the area comprises the approved TAYplan and the adopted LDP2. In this instance, section 14(2) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such an application as this to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Section 64(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 is relevant and requires planning authorities to pay special attention to the desirability of preserving or enhancing the character or appearance of the designated conservation area. The determining issues in this case are whether; the proposal complies with development plan policy; or if there are any other material considerations which justify a departure from policy. Principle The site is located within the settlement boundary of Invergowrie and the principle of providing additional accommodation for the spa business is considered to be acceptable. Nevertheless, attention must be given towards the detailed of the proposal and whether it would impact on the character and amenity of the area. Consideration must be given to ensure that the proposal is not of detriment to the character and setting of the host building which is category C listed, or the character of a number of adjacent listed buildings. This is considered further below. 233
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Design, Layout and Conservation Considerations As outlined above the building on site is a category C listed building. The site is also adjacent to a number of listed buildings including the category A listed Episcopal Church. As such the design and layout should ensure the character and setting of these buildings is not compromised as required by Policy 27A of the Perth and Kinross Local Development Plan 2019 (LDP2). The design of the proposed building is considered to be of high quality. The single storey design are welcome addition at this prominent corner site in Invergowrie. The contemporary approach also identifies a clear delineation between the traditional building and the more modern proposal, whilst complimenting each other. The set back of the building from the established building line also help to minimise the overall impact. Given the sensitive setting, however, it would be appropriate to use natural, sustainable materials for external finishes, such as a green roof and natural timber cladding rather than the proposed fibre cement cladding. This can be secured by condition. The design merits of the proposal, subject to this condition, are therefore considered to comply with the LDP2. The proposed building is not considered to impact on the setting of the adjacent A listed church. The proposal does not interrupt the visual relationship between the schoolhouse and the A listed church to the west, given the set back which is proposed which had been a concern on previous proposals on this site. Overall the proposal is considered to be acceptable and to accord with the LDP2. Landscaping and Trees With regards to landscaping, it is noted that no tree survey has been submitted but the existing trees are clearly marked on the submitted plans. The context of this site this is appropriate rather than the requirement for a tree survey as there are no significant mature trees within the grounds. One small tree is proposed for felling which is considered to be acceptable. A replacement tree is proposed and its planting will be secured by condition. Although there are no significant mature trees within the grounds, the mature shrubs and smaller trees are particularly important in the streetscape, forming the setting of the listed building group along with the mature trees on the West boundary (which are protected by a TPO). Conditional control will therefore be applied to ensure the protection of these trees in the interests of visual amenity and to protect the settings of the listed buildings. Residential Amenity Due to the presence of the site within a residential area, Environmental Health were consulted. They have no objection to the proposed development, subject to conditional control regarding plant equipment noise. This will therefore be applied to the consent accordingly in the interests of residential amenity. 234
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The positioning, scale, design and orientation of the proposed extension also raise no adverse concerns in relation to overlooking or overshadowing. Overall, there are not considered to be any issues in relation to residential amenity which cannot be controlled via a suitably worded planning condition. Roads and Access The site is located within the village centre of Invergowrie where there are good public transport links and on-street parking available. Furthermore, the site is easily accessible on foot and by bicycle meaning it is well catered for through sustainable transport means. Whilst an objection has been received from a neighbour regarding parking, this proposal does not increase the level of use of the site any more so than the previous approval on the site granted in 2020 which was considered to be acceptable in terms of parking provision. Given the location of the site and the likelihood of the site being accessed on foot and by public transport, the level of car parking is considered to be acceptable and in accordance with policy. The proposal has been discussed verbally with Transport Planning who have offered no objection. Drainage and Flooding The site is not located in an area of known flood risk and the proposals are not considered to create any drainage or flooding implications. The proposal therefore complies with policies 53B and C of the LDP2. Economic Impact The proposed development will enhance the facilities on offer for the existing business and thus is likely to result in a higher footfall, which in turn will have wider benefits to the surrounding area. Developer Contributions The Developer Contributions Guidance is not applicable to this application and therefore no contributions are required in this instance. VARIATION OF APPLICATION UNDER SECTION 32A There have been no variations to the application. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS None required. DIRECTION BY SCOTTISH MINISTERS None applicable to this proposal. 235
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CONCLUSION AND REASONS FOR DECISION To conclude, the application must be determined in accordance with the adopted Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with the approved TAYplan 2016 and the adopted Perth and Kinross Local Development Plan 2 (2019). Account has been taken of the relevant material considerations and none has been found that would justify overriding the adopted Development Plan. Accordingly the proposal is approved subject to the following conditions. Conditions and Reasons 1 The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason - To ensure the development is carried out in accordance with the approved drawings and documents. 2 Prior to the commencement of any works on site, all trees on site (other than those marked for felling on the approved plans) and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the duration of construction. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 3 The proposed replacement tree planting shall be completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. The approved scheme shall thereafter be maintained to the satisfaction of the Council as Planning Authority, with any planting which fails to become established within five years being replaced in the following planting season with others of a size and species as previously approved. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 4 All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In order to safeguard the neighbouring residential amenity in the area. 5 The finishing materials are not approved. The roof shall have a sedum green roof or similar and the walls shall be clad in a natural timber cladding. Prior to the 236
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commencement of any development on site details of the alternative finishing materials shall be submitted to and subsequently approved in writing by the Planning Authority. The details, as approved, shall be implemented as part of the site development and thereafter maintained. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1 This planning permission will last only for three years from the date of this decision notice, unless the development has been started within that period (see section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended)). 2 Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the planning authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under section 123(1) of that Act, which may result in enforcement action being taken. 3 As soon as practicable after the development is complete, the person who completes the development is obliged by section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. 4 An application for Building Warrant may be required. Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 05 06 237
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4(iii)(c) LRB-2022-43 LRB-2022-43 Review of Condition 5 imposed on planning permission 22/00926/FLL - Erection of beauty treatment building to form extension to existing Class 2 business and associated works, 2 Errol Road, Invergowrie, DD2 5AD REPRESENTATIONS 255
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