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Item 4(vi) LRB-2022-55

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

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4(vi)
LRB-2022-55
LRB-2022-55
22/01083/FLL - Extension to dwellinghouse and formation
of raised terrace (revised design), Fermoyle, Glenfoot,
Abernethy, PH2 9LS
INDEX
(a) Papers submitted by the Applicant (Pages 451-476)
(b) Decision Notice (Pages 461-462)
Report of Handling (Pages 463-468)
Reference Documents (Pages 469-475)
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4(vi)(a)
LRB-2022-55
LRB-2022-55
22/01083/FLL - Extension to dwellinghouse and formation
of raised terrace (revised design), Fermoyle, Glenfoot,
Abernethy, PH2 9LS
PAPERS SUBMITTED
BY THE
APPLICANT
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REPORT OF HANDLING
DELEGATED REPORT
Ref No 22/01083/FLL
Ward No P9- Almond And Earn
Due Determination Date 28th August 2022 Extended to 28th September 2022
Draft Report Date 20th September 2022
Report Issued by DR Date 20th September 2022
PROPOSAL: Extension to dwellinghouse and formation of raised
terrace (revised design)
LOCATION: Fermoyle Glenfoot Abernethy Perth PH2 9LS
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.
BACKGROUND AND DESCRIPTION OF PROPOSAL
The application property is a 1½ storey dwellinghouse situated in the settlement of
Glenfoot, to the west of Abernethy.
Full planning permission is sought for:
1. the erection of an extension on the west (side) elevation of the dwellinghouse. 
The extension has two distinct sections.  The main section is 1½ storeys in
height; the roof height and the roof planes match those of the existing house;
and the walls of the front and rear elevations are in line with those of the
existing house.  The second section is single storey; its roof is lower than that
of the house and its walls are set back from those of the house.  The roofs and
walls of the extension will be finished in materials to match the existing house.
2. the formation of a raised terrace in the form of timber decking with a glass
balustrade.  This will be formed on the north (rear) elevation of the existing
house and the proposed extension. 
This application is a revised design of a previous planning approval (ref:
22/00173/FLL).
SITE HISTORY
Planning application (ref: 22/00173/FLL) for ‘Extension to dwellinghouse and
formation of raised terrace’, which was approved on 8 June 2022, is relevant to the
assessment of the current application.
Based on the originally submitted plans, the application (ref: 22/00173/FLL) would
have been recommended for refusal.  Following discussions with the applicant’s
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agent, the plans were revised to secure a development that better related to the
character, appearance, and scale of the existing dwellinghouse.  The revisions to
make the application supportable were:
1. A narrow flat roof was added to the main section of the extension to allow the
maximum height to be reduced by 0.25 metre.
2. The front and rear elevations of the main section of the extension were set
back by 0.09 metre from the building line of the existing house.
3. The front elevation of the smaller section of the extension was set back by
0.24 metre from the front elevation of the main section of the extension.
4. A large single window on the front elevation of the extension was changed to
two smaller windows.
5. The width of the decking was reduced so that it did not project beyond the
westmost elevation of the proposed extension.
The revisions were the minimum that were required to make the proposal
acceptable.  They were not as radical as had been hoped but were an improvement
that helped to break up the mass of the overall development. 
In addition to the planning permission (ref: 22/0173/FLL), a building warrant (ref:
22/00476/DOM3) was approved on 08 September 2022 and the applicant’s agent
advised the Building Standards Team that works were due to commence on 12
September 2022.  Whatever the outcome of the current application, planning
permission and a building warrant are already in place to allow the house to be
extended and a terrace to be formed.
It is highlighted that the original design of the extension (which had to be revised and
which was not approved under 22/00173/FLL) was very similar to the design of the
extension that is now under consideration: the ridge height of main section of the
extension matched the existing roof, and the walls of the front (south) and rear
(north) elevations were in line with the walls of the existing house.
PRE-APPLICATION CONSULTATION
Pre application Reference: n/a 
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).
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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:
Policy 1A: Placemaking 
Policy 1B: Placemaking
OTHER POLICIES
Perth & Kinross Placemaking Supplementary Guidance 2020
CONSULTATION  RESPONSES
Scottish Water
No response received
REPRESENTATIONS
No representations were received:
ADDITIONAL STATEMENTS
Screening Opinion EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment Habitats Regulations AA 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
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unless material considerations indicate otherwise.  The Development Plan for the
area comprises the approved TAYplan and the adopted LDP2.
The determining issues in this case are whether; the proposal complies with
development plan policy; or if there are any other material considerations which
justify a departure from policy.
Policy Appraisal
Alterations and extensions to an existing domestic dwellinghouse are generally
considered to be acceptable in principle.  Nevertheless, consideration must be given
to the scale, form, massing, design, position, proportions, and external finishes of the
proposed development, within the context of the application site, and whether it
would have an adverse impact upon visual or residential amenity.
Assessment of the proposal against the relevant policies is provided below.
Design, Layout and Visual Amenity 
The larger section of the extension has been designed to replicate original house. 
The roof heights and the roof planes of the extension match those of the existing
house, and the roof of the extension will be clad in slate to match the existing.  The
walls of the front and rear elevations are in line with those of the existing house and
will be rendered to match the existing. 
However, this is not the appropriate design solution for this property.  The replication
would result in the existing house and the main section of the proposed extension
becoming one large solid mass and there would no distinction between the house
and the extension.  In addition, the replication would unbalance the proportions of
the façade (south elevation) of the traditional style of the original house.
Given the above assessment, the proposal fails to comply with the Placemaking
Supplementary Guidance, which advises that extensions should be a subordinate
addition in all respects.  The proposed extension is not set back from the frontage of
the building, resulting in a lack of subordination to the existing building.  The roof
ridge level of the extension is not lower than the existing building, resulting in a lack
of subordination to the existing building and a lack of a separate identity to the
extension.
Due to its design and siting, the proposal does not respect the character and visual
amenity of the existing dwellinghouse and is therefore contrary to Policy 1A:
Placemaking of LDP2.
Due to its massing, appearance, height and scale, the proposal does not
complement its surroundings and is therefore contrary to Policy 1B(c): Placemaking
of LDP2.
(It is notable that, under the existing planning permission (ref: 22/00173/FLL), due to
the lower height of the extension and the setting back of the walls of the extension
from the walls of the house, the original house stands proud of the extension, and
the house and extension read as separate masses.  For these reasons, that
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application complied with the Placemaking Supplementary Guidance and with
Policies 1A and 1B.)
Despite the above, some elements of the proposal are acceptable.  The smaller
section of the proposed extension would be a subordinate addition.  The windows on
the front (south) elevation of the extension are traditional in proportion and replicate
those on the original house.  With a flat-roofed dormer, large windows and glazed
doors, and the glass balustrade around the decking, the rear (north) elevation of the
proposal is more contemporary in appearance; the rear aspect can afford to be more
contemporary given its more secluded setting.  The decking would not project
beyond the side elevation of the proposed extension, and it would be located to the
rear of the house and the extension; this would reduce the visual impact of the
decking.
Residential Amenity
Given the floor area of the proposal in relation to the area of the application site, the
proposal will not have an adverse effect on the residential amenity of the application
property.
Given the existing situation, the scale of the proposal and the distances involved,
there are no concerns about overlooking or overshadowing of other residential
properties.
Roads and Access
There are no road or access implications associated with this proposed development.
Drainage and Flooding
The property is served by a private supply.  No drainage and flooding implications are
anticipated with this proposed development.
Developer Contributions
The Developer Contributions Guidance is not applicable to this application and
therefore no contributions are required in this instance.
Economic Impact
The economic impact of the proposal is likely to be minimal and limited to the
construction phase of the development.
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS
None required. 
DIRECTION BY SCOTTISH MINISTERS
None applicable to this proposal.
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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.
Conditions and Reasons
1. The proposed extension, by virtue of its design and siting, does not respect
the character and visual amenity of the existing dwellinghouse.
Approval would therefore be contrary to Policy 1A: Placemaking of the Perth
and Kinross Local Development Plan 2.
2. The proposed extension, by virtue of its massing, appearance, height and
scale, does not complement its surroundings.
Approval would therefore be contrary to Policy 1B(c): Placemaking of the
Perth and Kinross Local Development Plan 2.
3. The proposed extension, by virtue of its lack of subordination to the existing
dwellinghouse, fails to comply with the Perth & Kinross Placemaking
Supplementary Guidance 2020.
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
01
02
03
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05
06
07
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4(vi)(b)
LRB-2022-55
LRB-2022-55
22/01083/FLL - Extension to dwellinghouse and formation
of raised terrace (revised design), Fermoyle, Glenfoot,
Abernethy, PH2 9LS
PLANNING DECISION NOTICE (included in
applicant’s submission, pages 461-462)
REPORT OF HANDLING (included in applicant’s
submission, pages 463-468)
REFERENCE DOCUMENTS (included in applicant’s
submission, pages 469-475)
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