Democracy Spraffa

Item 4(v) LRB-2022-54

Perth and Kinross Council · 16 January 2023
Back to Local Review Body — 16 January 2023 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

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

Page 2

322

Page 3

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

Page 4

324

Page 5

325

Page 6

326

Page 7

327

Page 8

328

Page 9

329

Page 10

330

Page 11

331

Page 12

332

Page 13

333

Page 14

334

Page 15

335

Page 16

336

Page 17

337

Page 18

338

Page 19

339

Page 20

340

Page 21

341

Page 22

342

Page 23

343

Page 24

344

Page 25

345

Page 26

346

Page 27

347

Page 28

348

Page 29

349

Page 30

350

Page 31

351

Page 32

352

Page 33

353

Page 34

354

Page 35

355

Page 36

356

Page 37

357

Page 38

358

Page 39

359

Page 40

360

Page 41

361

Page 42

362

Page 43

363

Page 44

364

Page 45

365

Page 46

366

Page 47

367

Page 48

368

Page 49

369

Page 50

370

Page 51

371

Page 52

372

Page 53

373

Page 54

374

Page 55

375

Page 56

376

Page 57

377

Page 58

378

Page 59

379

Page 60

380

Page 61

381

Page 62

382

Page 63

383

Page 64

384

Page 65

385

Page 66

386

Page 67

387

Page 68

388

Page 69

389

Page 70

390

Page 71

391

Page 72

392

Page 73

393

Page 74

394

Page 75

395

Page 76

396

Page 77

397

Page 78

398

Page 79

399

Page 80

400

Page 81

401

Page 82

402

Page 83

403

Page 84

404

Page 85

405

Page 86

406

Page 87

407

Page 88

408

Page 89

409

Page 90

410

Page 91

411

Page 92

412

Page 93

413

Page 94

414

Page 95

415

Page 96

416

Page 97

417

Page 98

418

Page 99

419

Page 100

420

Page 101

421

Page 102

422

Page 103

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

Page 104

424

Page 105

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

Page 106

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

Page 107

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

Page 108

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

Page 109

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

Page 110

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

Page 111

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

Page 112

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

Page 113

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

Page 114

PLANS AND DOCUMENTS RELATING TO THIS DECISION
01
02
03
04
05
06
07
08
434

Page 115

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

Page 116

436

Page 117

437

Page 118

438

Page 119

439

Page 120

440

Page 121

441

Page 122

442

Page 123

443

Page 124

444

Page 125

445

Page 126

446

Page 127

447

Page 128

448