Item 4(v) LRB-2022-54
Perth and Kinross Council · 16 January 2023
Back to Local Review Body — 16 January 2023 and its agenda
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4(v) LRB-2022-54 LRB-2022-54 22/00032/FLL - Erection of a dwellinghouse, agricultural/forestry storage building, stables and associated works, land 180 metres east of Garden Cottage, Auchterarder, PH3 1PP INDEX (a) Papers submitted by the Applicant (Pages 323-422) (b) Decision Notice (Pages 345-346) Report of Handling (Pages 425-434) Reference Documents (Pages 377-408) (c) Representations (Pages 435-448) 321
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4(v)(a) LRB-2022-54 LRB-2022-54 22/00032/FLL - Erection of a dwellinghouse, agricultural/forestry storage building, stables and associated works, land 180 metres east of Garden Cottage, Auchterarder, PH3 1PP PAPERS SUBMITTED BY THE APPLICANT 323
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4(v)(b) LRB-2022-54 LRB-2022-54 22/00032/FLL - Erection of a dwellinghouse, agricultural/forestry storage building, stables and associated works, land 180 metres east of Garden Cottage, Auchterarder, PH3 1PP PLANNING DECISION NOTICE (included in applicant’s submission, pages 345-346) REPORT OF HANDLING REFERENCE DOCUMENTS (included in applicant’s submission, pages 377-408) 423
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REPORT OF HANDLING DELEGATED REPORT Ref No 22/00032/FLL Ward No P7- Strathallan Due Determination Date 9th March 2022 Extended to 9th May 2022 Draft Report Date 20th June 2022 Report Issued by PB Date 28th June 2022 PROPOSAL: Erection of a dwellinghouse, agricultural/forestry storage building, stables and associated works LOCATION: Land 180 Metres East Of Garden Cottage Auchterarder SUMMARY: This report recommends refusal of the application as the development is considered to be contrary to the relevant provisions of the Development Plan and there are no material considerations apparent which justify setting aside the Development Plan. SITE VISIT: In line with established practices, the need to visit the application site has been carefully considered by the case officer. The application site and its context have been viewed by a variety of remote and electronic means, such as aerial imagery and Streetview, in addition to photographs submitted by interested parties. In this instance, a physical visit to the site was considered necessary. The application site was visited on 28 April 2022. SITE PHOTOGRAPHS 425
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BACKGROUND AND DESCRIPTION OF PROPOSAL Planning permission is sought for the erection of a dwellinghouse, agricultural/forestry storage building, stables and associated works at site in a rural area around 3km to the south east of Auchterarder. The site is reached off an existing track from a minor public road. The proposal is for a detached dwellinghouse with four bedrooms and accommodation over two levels. The house proposed is around 22.5m in length and 16m in width at longest and widest points. It is to be sited in a partial clearing in a woodland. Two sheds are to be sited to the north east of the proposed house. One is a farm/forestry storage shed (18.4m x 12m x 5.8h) and the other a storage shed/stables (18.4m x 9m x 4.8h). The two proposed sheds would be located in an existing grazed field. Site area is 0.72ha. There is an existing open fronted storage shed adjacent to the site. Whilst the supporting statement notes that this building is incorporated into the applicant’s plans this building is not within the application site boundary. SITE HISTORY 16/01275/IPL Erection of a dwellinghouse (in principle) Land 200 Metres North East Of Garden Cottage Auchterarder Refused 5th September 2016 PRE-APPLICATION CONSULTATION Pre application Reference: 21/00520/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). 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. 426
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The principal policies are: Policy 1A: Placemaking Policy 1B: Placemaking Policy 5: Infrastructure Contributions Policy 15: Public Access Policy 19: Housing in the Countryside Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments Policy 39: Landscape Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity Policy 53A: Water Environment and Drainage: Water Environment Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 53E: Water Environment and Drainage: Water Supply Policy 59: Digital Infrastructure Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals OTHER POLICIES Housing in the Countryside Supplementary Guidance Developer Contributions Supplementary Guidance CONSULTATION RESPONSES Planning And Housing Strategy Contrary to housing in the countryside policy. Environmental Health (Contaminated Land) No objection subject to condition with regard to contaminated land. Environmental Health (Private Water) Informative note with regard to private water supply required. Transport Planning Access from the property onto the public road network is via an existing private track, then onto the U25. Require detail as to how the track connects to the U25. Additional information is required for Transport Planning to support this application. Development Contributions Officer Developer contributions required: Education: 1 x £5,164 A9 Junction: 1 x £3,450 Total: £8,614 REPRESENTATIONS No representations received. 427
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ADDITIONAL STATEMENTS Screening Opinion EIA Not Required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment AA Not Required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Supporting statement submitted APPRAISAL Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997 require that planning decisions be made in accordance with the development plan unless material considerations indicate otherwise. The Development Plan for the area comprises the approved TAYplan and the adopted LDP2. The determining issues in this case are whether; the proposal complies with development plan policy; or if there are any other material considerations which justify a departure from policy. Policy Appraisal The proposal is for a new house and associated storage buildings. The main policy consideration in this case is Policy 19, Housing in the Countryside, of the Perth and Kinross Local Development Plan 2019. This supports proposals for the erection, or creation through conversion, of single houses and groups of houses subject to them falling into at least one of the following categories: a) Building Groups b) Infill sites c) New houses in the open countryside on defined categories of sites as set out in section 3 of the Supplementary Guidance. d) Renovation or replacement of houses e) Conversion or replacement of redundant non-domestic buildings. f) Development on rural brownfield land. In this case, the only category to consider this proposal under is category 3.3 where a new house is required to support an existing business. Specifically in relation to houses for farm workers, a new house can be supported where this is essential to the continued operation of the farm for animal welfare reasons. A SAC report has been submitted in support of the application which suggests an overall labour requirement equating to over 2 workers. The business currently only has 1 house and therefore permission is being sought for a second. It is noted that the existing house, in which the applicants reside is a approximately 1.1km to the north west of the dwelling proposed through this application. Advice was sought from the Development Plan Team and it is noted that there are a number of elements which have been included in the calculation of the labour requirement which it is considered should not have been taken into account in the assessment of whether an additional house is justified. 428
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1,410 hours are included for grass and woodland management. As above- mentioned, the new house must be essential for animal welfare reasons. This element cannot, therefore, be included in the justification for a new house for a farm worker. Secondly, the largest element of the labour requirement is in caring for the 4 horses which are on site all year, at 1980 hours. Clarification was sought on this point and it was confirmed that there are currently 3 horses on site and that these are not owned by the applicant. No information was submitted as to the involvement of the applicants in any equestrian business on the site although there appears a wish to expand equestrian activity at the site. However, category 3.3 only applies to houses associated with an economic activity so, without any information to demonstrate that there is an equestrian business being run as part of the farm the care of the horses cannot be included in the justification for a new house either. This leaves the cattle and lambs. The SAC report states that the animals must be inspected daily for illness and injury. This is not disputed however it is not clear whether these animals belong to applicant, rather that the grazing is rented out to a third party. If this is the case it would be likely that the responsibility for the care of the animals would have remained with the owner. Even if any rental agreement did include a duty of care, the SAC report also states that the labour demand has been reduced to take account of the fact that cattle / lambs are only on site for 5.5 months. It is stated elsewhere in the supporting information, however, that they are not on the farm at the same time – the cattle is only there during the summer months and the lambs only during the winter. On this basis the total summer hours would appear to be 368.6 and the winter hours only 133 either of which falls short of the standard labour unit of 1,900 in order to justify an additional house for the business. Overall, whilst the SAC report sets out the working hours for the operations undertaken at the farm the SG is clear in that for farm worker accommodation the new house must be essential to the continued operation of the farm for animal welfare reasons. The largest portion of hours is spent caring for the horses but unless evidence can be provided that the stables are being run as a business rather than for personal use then it is considered that this cannot be included within the justification for an additional house. Nor can the hours spent on grass and woodland management as these do not require someone to live on-site. The hours spent caring for the remaining livestock does not appear to be sufficient to justify an additional house. Even if this were to be treated as a non-farming business there is still a requirement for the applicants to satisfactorily demonstrate that the provision of an additional house is essential to the continued operation of the business. Whilst the applicants may wish to have a house closer to the centre of the bulk of their land ownership, no argument has been put forward to suggest that the business cannot continue to be operated from the existing property which is located a relatively short distance away. The proposal is therefore contrary to the housing in the countryside policy as it does not meet the criterion 3.3 for new houses in the open countryside. Other policy areas concerned with the detail of the proposal are considered in the sections of the report below. 429
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Design and Layout The housing in the countryside policy requires that the scale, layout and design of all housing proposals (iii) are appropriate to, and have a good fit with, the landscape character of the area in which it is located. It must demonstrate a specific design approach that not only integrates the development within its setting but also enhances the surrounding environment. The proposed house is sited within an existing woodland belt that appears to have been partially cleared some time ago but is beginning to re-grow. The positioning of the house within the woodland would not enhance the surrounding environment. Placemaking policy 1A also requires development to contribute positively to the quality of the surrounding built and natural environment. The two agricultural sheds to the north east would be located partially in an existing sloping grazed field where substantial cut and fill would be required. Together with the proposed house the extent of proposed development fails to respect the character and amenity of the place and would not contribute positively to the built and natural environment. The siting and design would therefore be contrary to placemaking policies. Landscape and visual impact Policy 39 of the local plan seeks to ensure that local distinctiveness, diversity and quality of the landscape character area, the historic and cultural dimension of the area’s landscapes, visual and scenic qualities of the landscape, or the quality of the landscape experience is not eroded. The position of the house within a wooded area seems to be an unnatural addition to the landscape in this area which is characterised by blocks and strips of woodland. Further information is required to understand how the proposed building will fit successfully into the landscape and also how the construction of the buildings will impact on the surrounding woodland. The drawings indicate that trees and landscaping will be maintained but further clarity with regard to this would be required if the principle of a house is accepted and an application is to be approved. The associated agricultural buildings are primarily sited into an open grassed field and would involve substantial earth moving. This would impact on landscape character and quality. Residential Amenity The proposed house is remote from other residential properties and as such would not impact on existing residential amenity in terms of overlooking or overshadowing. The occupants of the house will benefit from some private amenity area although this has not been defined on the submitted drawings and the presence of significant woodland and trees in close proximity to the house will impact on daylight and sunlight with the house. Roads and Access Access from the property onto the public road network is via an existing private track, then onto the U25. There is no detail in the submitted plans to show how this existing private track connects to the U25. Given the proposed increased use of this private track for farm machinery, and in the interest of road safety, visibility splays are requested to confirm the private track is suitable. This application is being refused for other reasons however additional information with regard to the proposed access would be required for this application to be supported by Transport Planning. 430
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Though not marked on the plans, the layout of the site suggests sufficient space for parking and turning areas. The level of car parking proposed within the plot (10 spaces as stated in the application) is in line with requirements of the National Roads Development Guide. Drainage and Flooding The site is not in an area at risk of river flooding. It is noted that a private foul drainage system would be provided and that this would be within the site boundaries. No information as to the siting of this or provision of surface water drainage has been included. Further, more detailed information would be required if this application is to be supported. Policy 53C requires all new development to employ Sustainable Urban Drainage systems (SUDS). Water supply The development is for a dwelling house in a rural area with private water supplies believed to serve properties in the vicinity. To ensure the new development has an adequate and consistently wholesome supply of water Environmental Health has requested that an informative note be added to any planning permission to highlight the applicant’s responsibilities in terms of the Water Scotland Act 1980 (Section 63), The Private Water Supplies (Scotland) Regulations 2006 and The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. Conservation Considerations The site is not close to any listed buildings and not within a conservation area. There would not be any impact on built heritage assets from this development. The site is around 350m from Ogle Hill Fort, Scheduled Ancient Monument. Whilst the development is unlikely to impact on this it will alter the character of the landscape in the area which is largely devoid of buildings between the minor road and the hill fort. Natural Heritage and Biodiversity Policy 40B, requires tree surveys to be submitted with applications where there are trees on the site. The site is a mix of grazed field and woodland. No tree survey has been submitted. There has also not been any information submitted as to the impact either positive or negative on biodiversity. Further information with regard to trees and biodiversity is required if an application on this site is to be approved. Developer Contributions Primary Education The Council Developer Contributions Supplementary Guidance requires a financial contribution towards increased primary school capacity in areas where a primary school capacity constraint has been identified. A capacity constraint is defined as where a primary school is operating at over 80% and is likely to be operating following completion of the proposed development, extant planning permissions and Local Development Plan allocations, at or above 100% of total capacity. 431
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This proposal is within the catchment of the Community School of Auchterarder Primary School. Auchterarder A9 Junction The Council Developer Contributions Supplementary Guidance requires contributions from developments within the Auchterarder and wider Strathearn housing market area towards meeting the cost of delivering the A9 junction improvements which are required in the interests of safety. Summary of Requirements Education: 1 x £5,164 A9 Junction: 1 x £3,450 Total: £8,614 Zero carbon technologies Policy 32 of the Local Development Plan requires all proposals to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. Information to satisfy the requirement of policy 32 will be required if the application is approved. Contaminated Land The proposed development is on land that is believed to have been formerly occupied by a sawmill. This land use can result in ground contamination particularly if there has been timber treatment at the site, and therefore, consideration must be given to the suitability of the site for the proposed development. Economic Impact The house would be used in association with an existing business. However the economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. VARIATION OF APPLICATION UNDER SECTION 32A This application was not varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS None required. DIRECTION BY SCOTTISH MINISTERS None applicable to this proposal. 432
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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 be contrary to the Development Plan. Account has been taken of the relevant material considerations and none has been found that would justify overriding the adopted Development Plan. Accordingly the proposal is refused on the grounds identified below. Reasons for Recommendation 1 The proposal is contrary to Policy 19 of the Perth and Kinross Local Development Plan 2 (2019) and the associated Housing in the Countryside Supplementary Guidance (March 2020) as it does not meet any of the criteria within the categories 1) Building Groups, 2) Infill sites, 3) New houses in the open countryside, 4) Renovation or replacement of houses, 5) Conversion or replacement of redundant non-domestic buildings and 6) Development on rural brownfield land. In particular in terms of category 3) it has not been satisfactorily demonstrated that the proposed house is essential for animal welfare reasons and that an additional house is essential for the continued operation of the business. 2 The proposal is contrary to Policy 1A, Placemaking, of the Perth and Kinross Local Development Plan 2 (2019) as due to its scale, siting and design the development would not contribute positively to the quality of the surrounding built and natural environment. 3 The proposal is contrary to Policy 39, Landscape, of the Perth and Kinross Local Development Plan 2 (2019). The proposal would erode and dilute the local landscape character. Insufficient information has been submitted to demonstrate the impact of the development on the surrounding landscape and that this is an appropriate site in terms of landscape fit and impact. 4 The proposal is contrary to Policy 40B, Trees, Woodland and Development, of the Perth and Kinross Local Development Plan 2 (2019). There are trees on the site and no tree survey has been submitted. A tree survey is required for planning applications where there are existing trees on the site. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives None. Procedural Notes Not Applicable. 433
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PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 05 06 07 08 434
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4(v)(c) LRB-2022-54 LRB-2022-54 22/00032/FLL - Erection of a dwellinghouse, agricultural/forestry storage building, stables and associated works, land 180 metres east of Garden Cottage, Auchterarder, PH3 1PP REPRESENTATIONS 435
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