Item 4(ii) LRB-2022-58
Perth and Kinross Council · 13 February 2023
Back to Local Review Body — 13 February 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
4(ii) LRB-2022-58 LRB-2022-58 22/00773/FLL – Extension to dwellinghouse, 58 Fairies Road, Perth, PH1 1LZ INDEX (a) Papers submitted by the Applicant (Pages 67-98) (b) Decision Notice (Pages 101-102) Report of Handling (Pages 103-108) Reference Documents (Pages 109-126) (c) Representations (Pages 127-132) 65
Page 2
66
Page 3
4(ii)(a) LRB-2022-58 LRB-2022-58 22/00773/FLL – Extension to dwellinghouse, 58 Fairies Road, Perth, PH1 1LZ PAPERS SUBMITTED BY THE APPLICANT 67
Page 4
68
Page 5
Notice of Review Page 1 of 4 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 2013 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 Address Postcode Contact Telephone 1 Contact Telephone 2 Fax No E-mail* Agent (if any) Name Address Postcode Contact Telephone 1 Contact Telephone 2 Fax No E-mail* 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 Planning authority’s application reference number Site address Description of proposed development Date of application Date of decision (if any) 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. 69
Page 6
Notice of Review Page 2 of 4 Nature of application 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: Site inspection 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: 70
Page 7
Notice of Review Page 3 of 4 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. 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. 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. 71
Page 8
Notice of Review Page 4 of 4 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. 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 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 (e.g. plans and drawings or other documents) 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, approved plans and decision notice from that earlier consent. Declaration I the applicant/agent [delete as appropriate] hereby serve notice on the planning authority to review the application as set out on this form and in the supporting documents. Signed Date W J BEATSON ARCHITECT 72
Page 9
PROPOSED EXTENSION TO HOUSE AT 58 FAIRIES ROAD PERTH PH1 1LZ - STATEMENTS IN SUPPORT OF APPEAL TO THE LOCAL REVIEW BODY AGAINST REFUSAL OF PLANNING PERMISSION REF 22/00773/FLL Introduction The enclosed statements, photographs and images are submitted in response to the comments and reasons made for justifying the Refusal of Planning Permission laid out in the Perth & Kinross Council Planning Officer’s Report of Handling dated 21/07/22. The conclusions and reasons given by the Perth & Kinross Council Planning Case Officer under delegated powers dated 21/07/22 are as follows - - - - - - - - - - - - DELEGATED REPORT CONCLUSION AND REASONS FOR DECISION The proposal is refused on the grounds identified below. “ The proposed extension by virtue of its scale, height, design, imposing wrap around effect and poor relationship to the existing dwellinghouse would appear visually incongruous and out of keeping with the character and appearance of the host building and surrounding area. “ “ The proposals as submitted would result in a cramped and over-intensive development of the site to the extent that the space around the dwellinghouse and between adjoining properties would be impinged to an unacceptable degree, to the detriment of the amenity of the house and surrounding area.” - - - - - - - - - - - We strongly disagree with the foregoing Planning Officer’s reasons and conclusions and aim to demonstrate in enclosed statements, photographs and illustrations why those reasons for refusal are unfounded and completely unjustified. - - - - - - - - - - - William James Beatson Dip Arch (Mackintosh) RIBA ARIAS Chartered Architect 2 Island View Dundee Road Perth PH2 7HS tel/fax. 01738 633659 ~ e-mail - wjbeatson@gmail.com Royal Scottish Academy Gold Medal for Architecture 1989 ~ Dundas and Wilson Architectural Award Commendation - 1989 P1 RIAS Energy Design Certification Scheme Approved Body Approved Certifier of Design (Section 6 - Energy) Domestic New Build Domestic Energy Assessor - w j beatson - architect - 73
Page 10
No.58 FAIRIES ROAD - EXISTING STREET VIEW A No.58 FAIRIES ROAD - EXISTING STREET VIEW B No.56 FAIRIES ROAD - EXISTING STREET VIEW William James Beatson Dip Arch (Mackintosh) RIBA ARIAS Chartered Architect 2 Island View Dundee Road Perth PH2 7HS tel/fax. 01738 633659 ~ e-mail - wjbeatson@gmail.com Royal Scottish Academy Gold Medal for Architecture 1989 ~ Dundas and Wilson Architectural Award Commendation - 1989 P2 RIAS Energy Design Certification Scheme Approved Body Approved Certifier of Design (Section 6 - Energy) Domestic New Build Domestic Energy Assessor No.58 FAIRIES ROAD - EXISTING STREET VIEW WHITE PAINTED COURSED ASHLAR TO STREET VIEW No.58 - WHITE PAINTED COURSED ASHLAR TO STREET VIEW No.60 - WHITE PAINTED ROUGHCAST TO STREET VIEW NOTE DISTANCE BETWEEN NO.56 AND NO.58 74
Page 11
NO.60 FAIRIES ROAD GABLE WALL - OVERLOOKING NO.58 NO.60 FAIRIES ROAD GARDEN VIEW TOWARDS NO.58 William James Beatson Dip Arch (Mackintosh) RIBA ARIAS Chartered Architect 2 Island View Dundee Road Perth PH2 7HS tel/fax. 01738 633659 ~ e-mail - wjbeatson@gmail.com Royal Scottish Academy Gold Medal for Architecture 1989 ~ Dundas and Wilson Architectural Award Commendation - 1989 P3 RIAS Energy Design Certification Scheme Approved Body Approved Certifier of Design (Section 6 - Energy) Domestic New Build Domestic Energy Assessor No.60 - WHITE PAINTED ROUGHCAST GABLE WALL - NOTE 5.50M TO EAVES LEVEL NO.60 FAIRIES ROAD GARDEN VIEW TOWARDS EXISTING EXTENSION No.58 - 3.50M TO EXISTING EAVES LEVEL AND 36deg. ROOF PITCH WITH NATURAL SLATES NO.60 FAIRIES ROAD GARDEN VIEW TOWARDS EXISTING EXTENSION No.58 - 3.50M TO EXISTING EAVES LEVEL AND 36deg. ROOF PITCH WITH NATURAL SLATES 75
Page 12
William James Beatson Dip Arch (Mackintosh) RIBA ARIAS Chartered Architect 2 Island View Dundee Road Perth PH2 7HS tel/fax. 01738 633659 ~ e-mail - wjbeatson@gmail.com Royal Scottish Academy Gold Medal for Architecture 1989 ~ Dundas and Wilson Architectural Award Commendation - 1989 P4 RIAS Energy Design Certification Scheme Approved Body Approved Certifier of Design (Section 6 - Energy) Domestic New Build Domestic Energy Assessor 3D1 - EXISTING NO.60 GARDEN VIEW TO EXISTING EXTENSION No.58 - 3.50M TO EXISTING EAVES LEVEL AND 36deg. ROOF PITCH. SLATED ROOF AND WHITE WEATHERBOARDING TO MATCH EXISTING 3D1 - PROPOSED NO.60 GARDEN VIEW TO PROPOSED EXTENSION No.58 - 4.30M TO EXISTING EAVES LEVEL AND 36deg. ROOF PITCH - (RAISED 800mm) SLATED ROOF AND WHITE WEATHERBOARDING TO MATCH EXISTING 3D2 - EXISTING EXISTING AERIAL VIEW TO No.58 SHOWING EXISTING ROOF 3D2 - PROPOSED PROPOSED AERIAL VIEW TO No.58 SHOWING PROPOSED NEW ROOF HEIGHT REMAINS LOWER THAN EXISTING HOUSE ROOF 76
Page 13
William James Beatson Dip Arch (Mackintosh) RIBA ARIAS Chartered Architect 2 Island View Dundee Road Perth PH2 7HS tel/fax. 01738 633659 ~ e-mail - wjbeatson@gmail.com Royal Scottish Academy Gold Medal for Architecture 1989 ~ Dundas and Wilson Architectural Award Commendation - 1989 P5 RIAS Energy Design Certification Scheme Approved Body Approved Certifier of Design (Section 6 - Energy) Domestic New Build Domestic Energy Assessor 3D3 - EXISTING No.58 - WHITE PAINTED COURSED ASHLAR TO STREET ELEVATION No.60 - WHITE PAINTED ROUGHCAST TO STREET ELEVATION 3D3 - PROPOSED No.58 - WHITE PAINTED COURSED ASHLAR TO STREET ELEVATION No.60 - WHITE PAINTED ROUGHCAST TO STREET ELEVATION 3D4 - EXISTING No.58 - WHITE PAINTED COURSED ASHLAR TO STREET ELEVATION No.60 - WHITE PAINTED ROUGHCAST TO STREET ELEVATION 3D4 - PROPOSED - No.58 EXTENSION SITS COMFORTABLY WITHIN THE STREET ELEVATION No.60 REMAINS THE DOMINANT BUILDING 77
Page 14
William James Beatson Dip Arch (Mackintosh) RIBA ARIAS Chartered Architect 2 Island View Dundee Road Perth PH2 7HS tel/fax. 01738 633659 ~ e-mail - wjbeatson@gmail.com Royal Scottish Academy Gold Medal for Architecture 1989 ~ Dundas and Wilson Architectural Award Commendation - 1989 P6 RIAS Energy Design Certification Scheme Approved Body Approved Certifier of Design (Section 6 - Energy) Domestic New Build Domestic Energy Assessor 3D5 - EXISTING No.60 IS THE DOMINANT BUILDING - NOTE DISTANCES BETWEEN Nos.56/58 AND 58/60 3D5 - PROPOSED - No.58 EXTENSION SITS COMFORTABLY WITHIN THE STREETSCAPE No.60 IS THE DOMINANT BUILDING NOTE DISTANCES BETWEEN Nos.56/58 AND Nos.58/60 REMAIN EQUAL 78
Page 15
STATEMENTS IN SUPPORT OF APPEAL The following statements are submitted in support of this Appeal in response to the Planning Officer’s comments made under the paragraph headings contained in the Delegated Report of Handling dated 21 July 2022 which are identified as follows - Perth & Kinross Council Planning Officer - “PKC RoH“ - W J Beatson Architect - “WJB Architect” - - - - - - - - - - - - “PKC RoH“ - 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 are visible from the street and 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.” “WJB Architect” - 1. It is quite lazy and irresponsible for a planning officer to believe that a simple “drive-by” or “streetview” can provide sufficient evidence to determine a planning application of such importance. 2. The latest “Streetview” images of Fairies Road referred to are dated 2009 and are distorted views captured by wide angle “fish-eye” lenses for the purposes only to create street images and should not be relied upon for planning assessments. 3. It is not clear where “photographs submitted by interested parties” have come from as the Report makes no references to the actual source. - - - - - - - - - - - “PKC RoH“ - PRE-APPLICATION CONSULTATION “Pre-Application Reference: 21/00331/PREAPP raised concerns with enlargement proposals. The plans forwarded have not addressed all of the concerns or issues raised.” “WJB Architect” - 1. We strongly refute that we have not addressed every the concerns raised previously in the Pre-Application Ref.21/00331/PREAPP as we listed them in the Planning Design Statement submitted with the Planning Application Ref.22/00773/FLL together with all relevant drawings. - - - - - - - - - - - William James Beatson Dip Arch (Mackintosh) RIBA ARIAS Chartered Architect 2 Island View Dundee Road Perth PH2 7HS tel/fax. 01738 633659 ~ e-mail - wjbeatson@gmail.com Royal Scottish Academy Gold Medal for Architecture 1989 ~ Dundas and Wilson Architectural Award Commendation - 1989 P7 RIAS Energy Design Certification Scheme Approved Body Approved Certifier of Design (Section 6 - Energy) Domestic New Build Domestic Energy Assessor 79
Page 16
“PKC RoH“ - OTHER POLICIES “Perth & Kinross Council Placemaking Guide 2020: Technical Guidance Householder Applications. Advises that extensions should respect the shape, scale and proportions of the existing building and relate to the roof pitch and original building depth. Further, that an extension should be a subordinate addition in all respects and of a depth which respects traditional building forms and alterations should fit in with the local street character.” “WJB Architect” - 1. We very strongly contend that the proposed extension does respect the shape, scale and proportions of the existing building and relates sympathetically to the roof pitch and original building depth. The extension is very much not the dominant element but instead compliments the existing dwelling by use of white painted ashlar stone and weatherboard cladding to match the existing house. The proposed street elevations submitted with this appeal clearly demonstrate that the proposals are sympathetic to the local street character and compliment the existing house (see attached drawings 536/57 and 59 and 3D1 - 3D5) 2. It is notable that no objections or representations were received from Consultees or from any neighbours. - - - - - - - - - - - “PKC RoH“ - Policy Appraisal “As the property is located within the defined settlement boundary, key policy considerations seek to ensure that new development is in keeping with the surrounding area and does not result in any adverse impacts. In this instance the proposals are considered unsuitable in terms of scale, massing, form and design and will have a detrimental impact upon established amenity levels.” “WJB Architect” - 1. The street elevation drawings 536/57 and 59, and images 3D1 - 3D5 clearly show that the “scale, massing, form and design” are perfectly sympathetic and compatible with existing and have absolutely no detrimental impact upon existing levels of amenity. - - - - - - - - - - - “PKC RoH“ - Layout, Design and Visual Amenity “ The property has been subject to various past alterations and has likely reached its limit of acceptable development. A rear addition which is half the depth of the original house has been created which extends past the northern gable of the house to within 1 metre of the boundary. The setback nature of the addition and open, ground floor, carport type structure of the northern section, helps to mitigate its impact. A number of dormer windows have been installed and the roofspace has been converted to provide 2 additional bedrooms and an office space.” William James Beatson Dip Arch (Mackintosh) RIBA ARIAS Chartered Architect 2 Island View Dundee Road Perth PH2 7HS tel/fax. 01738 633659 ~ e-mail - wjbeatson@gmail.com Royal Scottish Academy Gold Medal for Architecture 1989 ~ Dundas and Wilson Architectural Award Commendation - 1989 P8 RIAS Energy Design Certification Scheme Approved Body Approved Certifier of Design (Section 6 - Energy) Domestic New Build Domestic Energy Assessor 80
Page 17
“WJB Architect” - 1. It is unclear whether the planning officer is referring to the existing house extension or the proposed house extension? 2. The existing house has only two first floor bedrooms and the existing office space is contained outwith the main house in the extension ancillary to the main house only accessible by way of an external stair and not directly from the main house. 3. It is subjective whether it is “likely” that the acceptable limit of development has already been reached. The proposals will require removal of the existing previously constructed extension to allow for a replacement which is explained clearly in the Planning Design Statement submitted with the planning application. - - - - - - - - - - - “PKC RoH“ - “ The current proposals will effectively more than double the original accommodation and result in a large, imposing, mansard type roof with dominant flat roof section and lantern detail. The rear aspect of the roof will overhang the building line to create a covered area which will feature a steeper roof pitch. A double garage will be formed, just shy of the main frontage. Additional dormer roof windows and skylights will be installed with the roof. The north facing, side elevation, will extend to over 14 metres in depth within 1 metre of the boundary. The access door at the side will contain an open sided canopy type structure that is about 30cm from the boundary. The roof detailing and eaves height on this side of the extension is different, given the proximity to the boundary.” “WJB Architect” - Several of those foregoing points need to be addressed - 1. It is a gross exaggeration and very misleading to say the accommodation will be more than doubled. 2. The existing accommodation contains 5 ground floor rooms and 2 first floor bedrooms rooms plus the ancillary office space making a total of 8 rooms. 3. The proposed alterations and extension will contain one additional ground floor room and one additional first floor room making a total of 10 rooms which does not add up to a total of 16 rooms suggested. 4. The Planning Design Statement submitted with the planning application Ref.22/00773/FLL clearly explains that the existing accommodation is a very unsatisfactory arrangement for a young family. It is the existing accommodation that is disjointed and dysfunctional and the design strategy and purpose of the new extension is to make all of the accommodation accessible for the whole family from within the main house. 5. The rear west elevation roof is not a “mansard roof” by any definition and the use of that terminology is very misleading. A mansard roof has a lower pitch of 70deg with the upper top pitch of at least 30deg. Therefore it must be strongly emphasised that all roofs will have a pitch of 36deg. to match the existing house except only for the rear enclosed garden elevation where the roof pitch of 45deg. provides more comfortable headroom within the rear first floor bedrooms. A 9deg. difference is not perceptible from any view point around the house. 6. The flat roof cannot possibly be considered “dominant” as it cannot be seen from any viewpoint which renders that argument irrelevant in the context of this William James Beatson Dip Arch (Mackintosh) RIBA ARIAS Chartered Architect 2 Island View Dundee Road Perth PH2 7HS tel/fax. 01738 633659 ~ e-mail - wjbeatson@gmail.com Royal Scottish Academy Gold Medal for Architecture 1989 ~ Dundas and Wilson Architectural Award Commendation - 1989 P9 RIAS Energy Design Certification Scheme Approved Body Approved Certifier of Design (Section 6 - Energy) Domestic New Build Domestic Energy Assessor 81
Page 18
planning application as it has no impact whatsoever upon private amenity and therefore cannot be detrimental to the existing levels of amenity. 7. It should be noted that the depth of the extension has already been established by the existing house extension and it is only the vacant area at the north side of the house - an area of only 40sq.m - which is to be infilled. - - - - - - - - - - - “PKC RoH“ - “Overall, the changes are substantial and will cumulatively appear visually disjointed, top heavy and lacking any uniformity or integration with the host unit. The proposals by reason of their excessive scale and proportions will engulf what remains of the original bungalow and erode its distinctive character and charm, to the detriment of the wider street scene.” “WJB Architect” - 1. The foregoing statements are completely unjustified as the attached street elevations 536/57 and 59 and images 3D1 - 3D5 clearly illustrate that the opposite is true and completely refute these statements. - - - - - - - - - - - “The development proposals are not subordinate to the existing house and would be incongruous and overbearing, to the detriment of the visual amenity and character of the application site and environs. A suitable compromise may be achieved if a revised and substantially reduced extension was considered. Cognisance should be given however that some sites – for whatever reason, have limitations which restrict their redevelopment potential.” “WJB Architect” - 1. The attached street elevations Drgs.536/57 and 59 and images 3D1 - 3D5 clearly illustrate that the proposals are complimentary to the existing house and its neighbours. 2. 3D5 shows that the original bungalow with room-in-roof still retains its original identity and character with projecting bay windows and large traditional roof dormer window. 3. The proposed new extension is sympathetic to the host dwelling with a more modest room-in-roof dormer window to match the main roof dormer and the double garage doors at ground level draw the eye down to emphasise the reduced scale of the extension. 4. We enclose for the attention of the Review Body the drawing “06_00038_FUL-PART_PLAN-613755” which was the subject of a planning application approved in January 2006 for extensions to a bungalow not far from Fairies Road at 7 Murray Place Perth. The issues raised in the refusal of our planning application seemingly did not apply to this existing 5 apartment bungalow converted into a two-storey dwelling with 10 rooms, e.g. street frontage, extension not subordinate to host building, overbearing east elevation towering over its neighbour across the boundary less than 1.0m at the extension etc, etc, - - - - - - - - - - - William James Beatson Dip Arch (Mackintosh) RIBA ARIAS Chartered Architect 2 Island View Dundee Road Perth PH2 7HS tel/fax. 01738 633659 ~ e-mail - wjbeatson@gmail.com Royal Scottish Academy Gold Medal for Architecture 1989 ~ Dundas and Wilson Architectural Award Commendation - 1989 P10 RIAS Energy Design Certification Scheme Approved Body Approved Certifier of Design (Section 6 - Energy) Domestic New Build Domestic Energy Assessor 82
Page 19
“PKC RoH“ - Residential Amenity “Any new development which is large in scale or set close to the boundary is likely to appear dominant and oppressive in nature and has the potential to impact on established privacy and daylight levels.” “ In this instance a shadow cast assessment was not requested given the lack of any windows within the gable of the nearby house and to avoid the applicant incurring more costs, given that the proposals would not be supported for other reasons.” “WJB Architect” - 1. We must refer again to the enclosed drawing “06_00038_FUL-PART_PLAN-613755” which received planning permission in January 2006 for extensions to a bungalow at 7 Murray Place Perth and must question the consistency of the planning department. 2. The proposed development is not large in scale, is not set too close to the boundary, is not dominant and oppressive in nature and does impact on established privacy and daylight levels.” - - - - - - - - - - - “PKC RoH“ - “Plans indicate that there is currently 7 metres of space between the applicants’ house (as built) and the neighbouring property to the north. Infilling the driveway area will result in an oppressive elevation, mostly devoid of any architectural detailing within close proximity to the boundary. This will breach guidelines which suggest that windows should be positioned a minimum of 9 metres from the boundary to protect privacy levels. The works will as a result, impact negatively on the character and amenity of the area and the sense of setting that the units within Fairies Road sit within spacious plots “ “WJB Architect” - 1. The “7 metres of space” referred to is a relatively small vacant space which will become occupied by the proposed extension with garage at ground level. 2. The proposed north elevation mirrors the elevation and details of the gable wall of the house at No.60 shown in the photos attached at the beginning of this report. The achitectural details for the proposed gable wall is shown in the drawings to have coursed ashlar stone quoins, white painted roughcast (as No.60) and white weatherboarding to match the existing extension. Architectural detailing also includes a traditional open porch with glazed roof covering an entrance doorway. 3. Two new windows are shown on the north elevation towards the rear of the extension enclosed behind a new 2.0m high screen fence which we would have thought were acceptable but can readily be deleted. - - - - - - - - - - - “PKC RoH“ - “The proposed development also raises concerns in terms of its excessive footprint and the detrimental impact that will have on the established building pattern in the area. While the existing usable areas of private amenity space are sufficient for the needs of the already enlarged household, the development will impact negatively on William James Beatson Dip Arch (Mackintosh) RIBA ARIAS Chartered Architect 2 Island View Dundee Road Perth PH2 7HS tel/fax. 01738 633659 ~ e-mail - wjbeatson@gmail.com Royal Scottish Academy Gold Medal for Architecture 1989 ~ Dundas and Wilson Architectural Award Commendation - 1989 P11 RIAS Energy Design Certification Scheme Approved Body Approved Certifier of Design (Section 6 - Energy) Domestic New Build Domestic Energy Assessor 83
Page 20
the current facility and result in a cramped appearance, as viewed from the public street.” “WJB Architect” - 1. The foregoing statement is completely unjustified. The existing roof plan “footprint” is 190sq.m and the proposed roof plan after extension will be 230sq.m - an increase of 40sq.m. The plot area at No.58 Fairies Road is 757sq.m therefore the existing footprint/plot has a ratio of 23% and the proposed footprint/plot ratio after extension will be 30% - an increase of 7% in the footprint/plot ratio. 2. Fairies Road and the Burghmuir district in general contains a multitude of different house types and so it is quite wrong to suggest there is an established defined building pattern in the area. 3. The attached street elevations Drgs.536/57 and 59 and images 3D1 - 3D5 views completely contradict the planning officer’s view that .... “the development will impact negatively on the current facility and result in a cramped appearance, as viewed from the public street.” - - - - - - - - - - - “PKC RoH“ - Landscape “The domestic scale and nature of the proposal does not raise any landscape impact issues and the impact would be limited to the streetscape.” Roads and Access “There are no road or access implications associated with this proposed development.” Drainage and Flooding “There are no drainage and flooding implications associated with this proposed development.” “WJB Architect” - 1. All of the above are noted and accepted - - - - - - - - - - - “PKC RoH“ - 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. - - - - - - - - - - - William James Beatson Dip Arch (Mackintosh) RIBA ARIAS Chartered Architect 2 Island View Dundee Road Perth PH2 7HS tel/fax. 01738 633659 ~ e-mail - wjbeatson@gmail.com Royal Scottish Academy Gold Medal for Architecture 1989 ~ Dundas and Wilson Architectural Award Commendation - 1989 P12 RIAS Energy Design Certification Scheme Approved Body Approved Certifier of Design (Section 6 - Energy) Domestic New Build Domestic Energy Assessor 84
Page 21
CONCLUSION AND REASONS FOR APPEAL We have carefully considered the planning officer’s statements and comments and feel that the issues and concerns identified as reasons for refusal are unjustified. The majority of these issues bear a strong similarity to the issues raised in Pre-Planning Enquiry Report dated 21 June 2021 which were previously addressed and explained in the Planning Design Statement submitted with the application. We strongly disagree with the planning officer’s conclusion “ The proposed extension . . . scale, height, design, imposing wrap around effect and poor relationship to the existing dwellinghouse would appear visually incongruous” . . . . . “ and out of keeping with the character and appearance of the host building and surrounding area. “ and that “ The proposals as submitted would result in a cramped and over-intensive development of the site to the extent that the space around the dwellinghouse and between adjoining properties would be impinged to an unacceptable degree, to the detriment of the amenity of the house and surrounding area.” We believe that planning application merited approval for the following reasons- 1. The street elevations Drgs.536/57 and 59 and images 3D1 - 3D5 clearly illustrate that the proposals are sympathetic, complimentary and clearly subordinate to the host building and its neighbours. 2. Illustration 3D5 shows that the original bungalow with room-in-roof still retains its original strong identity with its strong frontage, bold stone-built projecting bay windows and large traditional dormer window. 3. The proposed extension is sympathetic to the host building by incorporating a similar but modest traditional room-in-roof dormer window complimentary to the main roof dormer. 4. The double garage doors at ground level and dormer window above are clearly subordinate in scale alongside the host building drawing the eye downwards on that side. 5. The result is an asymmetrical composition which is very pleasing to the eye where the symmetry of the host building is still clearly evident and external finishes of white painted coursed ashlar stonework. In this context the extension could easily be assumed as a part of the original house. 6. The criticism that the proposals are “cramped, over-intensive and oppressive” cannot be compared to the planning application previously granted for 7 Murray Place Perth - REF “06_00038_FUL-PART_PLAN-613755” for a 2-storey extension towering over its neighbour less than 1.0m from the nboundary. 7. We should expect consistency from the Perth & Kinross Council so that all planning applications are treated equally which does not appear to have happened in this case. W J Beatson Architect William James Beatson Dip Arch (Mackintosh) RIBA ARIAS Chartered Architect 2 Island View Dundee Road Perth PH2 7HS tel/fax. 01738 633659 ~ e-mail - wjbeatson@gmail.com Royal Scottish Academy Gold Medal for Architecture 1989 ~ Dundas and Wilson Architectural Award Commendation - 1989 P13 RIAS Energy Design Certification Scheme Approved Body Approved Certifier of Design (Section 6 - Energy) Domestic New Build Domestic Energy Assessor 85
Page 22
86
Page 23
87
Page 24
88
Page 25
89
Page 26
90
Page 27
91
Page 28
92
Page 29
93
Page 30
94
Page 31
95
Page 32
96
Page 33
97
Page 34
98
Page 35
4(ii)(b) LRB-2022-58 LRB-2022-58 22/00773/FLL – Extension to dwellinghouse, 58 Fairies Road, Perth, PH1 1LZ PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS 99
Page 36
100
Page 37
101
Page 38
102
Page 39
REPORT OF HANDLING DELEGATED REPORT Ref No 22/00773/FLL Ward No P10- Perth City South Due Determination Date 24th June 2022 Draft Report Date 15th July 2022 Report Issued by ab Date 21/7/22 PROPOSAL: Extensions to dwellinghouse LOCATION: 58 Fairies Road Perth PH1 1LZ 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 are visible from the street and 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 103
Page 40
BACKGROUND AND DESCRIPTION OF PROPOSAL Planning application relates to a long established, detached, “Beat Builders” bungalow of distinctive hipped roofed period styling, which is located on the western side of Fairies Road in Perth. Plans indicate that the interior layout of the property is to be altered in part and the house enlarged to create a new pool room, entrance hall and double garage at ground floor level, with 4 bedrooms and 2 bathrooms above. Essentially the “courtyard” driveway area on the northern side of the house will be infilled to create a residential unit with a larger, square footprint and substantially different roof profile. SITE HISTORY 04/02516/FUL Alterations and extension to dwellinghouse 22 February 2005 Application Approved. 08/01067/FUL Alterations and extension to dormer 22 August 2008 Application Approved PRE-APPLICATION CONSULTATION Pre-Application Reference: 21/00331/PREAPP raised concerns with enlargement proposals. The plans forwarded have not addressed all of the concerns or issues raised. 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. 104
Page 41
DEVELOPMENT PLAN The Development Plan comprises the TAYplan Strategic Development Plan 2016-2036 and the Perth & 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. The principal policies are: Policy 1A: Placemaking Policy 1B: Placemaking Policy 17: Residential Areas OTHER POLICIES Perth & Kinross Council Placemaking Guide 2020: Technical Guidance Householder Applications. Advises that extensions should respect the shape, scale and proportions of the existing building and relate to the roof pitch and original building depth. Further, that an extension should be a subordinate addition in all respects and of a depth which respects traditional building forms and alterations should fit in with the local street character. CONSULTATION RESPONSES Transport Planning and Scottish Water have made comment, no concerns have been raised. REPRESENTATIONS None received. ADDITIONAL STATEMENTS Screening Opinion Not Required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment Not Required Design Statement or Design and Access Statement Not Required Report on Impact/Potential Impact eg Flood Risk Assessment Not Required 105
Page 42
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 As the property is located within the defined settlement boundary, key policy considerations seek to ensure that new development is in keeping with the surrounding area and does not result in any adverse impacts. In this instance the proposals are considered unsuitable in terms of scale, massing, form and design and will have a detrimental impact upon established amenity levels. Layout, Design and Visual Amenity The property has been subject to various past alterations and has likely reached its limit of acceptable development. A rear addition which is half the depth of the original house has been created which extends past the northern gable of the house to within 1 metre of the boundary. The setback nature of the addition and open, ground floor, carport type structure of the northern section, helps to mitigate its impact. A number of dormer windows have been installed and the roofspace has been converted to provide 2 additional bedrooms and an office space. The current proposals will effectively more than double the original accommodation and result in a large, imposing, mansard type roof with dominant flat roof section and lantern detail. The rear aspect of the roof will overhang the building line to create a covered area which will feature a steeper roof pitch. A double garage will be formed, just shy of the main frontage. Additional dormer roof windows and skylights will be installed with the roof. The north facing, side elevation, will extend to over 14 metres in depth within 1 metre of the boundary. The access door at the side will contain an open sided canopy type structure that is about 30cm from the boundary. The roof detailing and eaves height on this side of the extension is different, given the proximity to the boundary. Overall, the changes are substantial and will cumulatively appear visually disjointed, top heavy and lacking any uniformity or integration with the host unit. The proposals by reason of their excessive scale and proportions will engulf what remains of the original bungalow and erode its distinctive character and charm, to the detriment of the wider streetscene. The development proposals are not subordinate to the existing house and would be incongruous and overbearing, to the detriment of the visual amenity and character of the application site and environs. A suitable compromise may be achieved if a revised and substantially reduced extension was considered. Cognisance should be given however that some sites – for whatever reason, have limitations which restrict their redevelopment potential. 106
Page 43
Residential Amenity Any new development which is large in scale or set close to the boundary is likely to appear dominant and oppressive in nature and has the potential to impact on established privacy and daylight levels. In this instance a shadow cast assessment was not requested given the lack of any windows within the gable of the nearby house and to avoid the applicant incurring more costs, given that the proposals would not be supported for other reasons. Plans indicate that there is currently 7 metres of space between the applicants’ house (as built) and the neighbouring property to the north. Infilling the driveway area will result in an oppressive elevation, mostly devoid of any architectural detailing within close proximity to the boundary. This will breach guidelines which suggest that windows should be positioned a minimum of 9 metres from the boundary to protect privacy levels. The works will as a result, impact negatively on the character and amenity of the area and the sense of setting that the units within Fairies Road sit within spacious plots. The proposed development also raises concerns in terms of its excessive footprint and the detrimental impact that will have on the established building pattern in the area. While the existing usable areas of private amenity space are sufficient for the needs of the already enlarged household, the development will impact negatively on the current facility and result in a cramped appearance, as viewed from the public street. Landscape The domestic scale and nature of the proposal does not raise any landscape impact issues and the impact would be limited to the streetscape. Roads and Access There are no road or access implications associated with this proposed development. Drainage and Flooding There are no drainage and flooding implications associated with this proposed development. Natural Heritage and Biodiversity No issues of concern are noted 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. VARIATION OF APPLICATION UNDER SECTION 32A This application was not varied prior to determination. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS None required. 107
Page 44
DIRECTION BY SCOTTISH MINISTERS None applicable to this proposal. 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 1 The proposed extension by virtue of its scale, height, design, imposing wrap around effect and poor relationship to the existing dwellinghouse would appear visually incongruous and out of keeping with the character and appearance of the host building and surrounding area. Approval would therefore be contrary to the Perth & Kinross Placemaking Guide 2020 and Policies 1A+1B (parts b, c, & d) and 17 of Perth & Kinross Local Development Plan 2 2019, which seek to ensure that new development respects the character and amenity of the place and does not impact on established amenity levels. 2 The proposals as submitted would result in a cramped and over-intensive development of the site to the extent that the space around the dwellinghouse and between adjoining properties would be impinged to an unacceptable degree, to the detriment of the amenity of the house and surrounding area. Approval of the application would therefore be contrary to Policy 17 of the Perth and Kinross Local Development Plan 2 (2019). 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. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 06 11 02 07 12 03 08 04 09 05 10 108
Page 45
109
Page 46
110
Page 47
111
Page 48
112
Page 49
113
Page 50
114
Page 51
115
Page 52
116
Page 53
117
Page 54
118
Page 55
119
Page 56
120
Page 57
121
Page 58
122
Page 59
123
Page 60
124
Page 61
125
Page 62
126
Page 63
4(ii)(c) LRB-2022-58 LRB-2022-58 22/00773/FLL – Extension to dwellinghouse, 58 Fairies Road, Perth, PH1 1LZ REPRESENTATIONS 127
Page 64
128
Page 65
129
Page 66
130
Page 67
131
Page 68
132