Item 4(iv) LRB-2022-60

Perth and Kinross Council · 13 February 2023
Back to Local Review Body — 13 February 2023 and its agenda

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4(iv)
LRB-2022-60
LRB-2022-60
22/00980/FLL - Erection of a dwellinghouse, land 40 metres
north west of 11 Glenisla View, Airlie View, Alyth, PH11
8LW
INDEX
(a) Papers submitted by the Applicant (Pages 267-342)
(b) Decision Notice (Pages 345-347)
Report of Handling (Pages 349-356)
Reference Documents (Pages 281-342)
(c) Representations (Pages 357-372)
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4(iv)(a)
LRB-2022-60
LRB-2022-60
22/00980/FLL - Erection of a dwellinghouse, land 40 metres
north west of 11 Glenisla View, Airlie View, Alyth, PH11
8LW
PAPERS SUBMITTED
BY THE
APPLICANT
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4(iv)(b)
LRB-2022-60
LRB-2022-60
22/00980/FLL - Erection of a dwellinghouse, land 40 metres
north west of 11 Glenisla View, Airlie View, Alyth, PH11
8LW
PLANNING DECISION NOTICE
REPORT OF HANDLING
REFERENCE DOCUMENTS (included in applicant’s
submission, pages 281-342)
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REPORT OF HANDLING
DELEGATED REPORT
Ref No 22/00980/FLL
Ward No P2- Strathmore
Due Determination Date 23rd August 2022 
Draft Report Date 3rd August 2022
Report Issued by AMB  Date 4 August 2022 
PROPOSAL: Erection of a dwellinghouse
LOCATION: Land 40 Metres North West Of 11 Glenisla View,
Airlie View, Alyth 
SUMMARY:
This report recommends refusal of a detailed planning application for a new dwelling
on a wooded area of land within the settlement of Alyth, 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. 
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.
The case officer is however aware of the site via his previous dealing with earlier
planning applications. 
BACKGROUND AND DESCRIPTION OF PROPOSAL
This planning application seeks to obtain detailed planning permission for the
erection of a dwelling within an area of woodland in Alyth, on a site at the end of
Airlie View, a residential street. To the west of the site is an under construction
residential development by the same applicant (22 units). 
The proposed dwelling will offer living accommodation over one level only and will
(according to the tree survey) require the removal of four existing trees to physically
accommodate the house, driveway and access. The house, driveway and access
areas would also be located within the RPA of a number of retained other trees, and
the canopies of those trees would overhang a considerable amount of the residential
curtilage, as well as over the dwelling. 
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A new SW pumping station is located a few metres to the west of the site.
SITE HISTORY
Detailed permission was granted on the site to the west in 2019 (17/00342/FLL) for
the erection of 22 dwellinghouses with associated roads, drainage and landscaping,
and that permission is currently under construction.
In addition to this, an application for a water pumping station (20/00842/FLL) was
approved in 2020, and that development has been installed.
PRE-APPLICATION CONSULTATION
None undertaken.
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.
The SPP supports new homes in suitable locations, but also seeks to ensure that
trees are not necessarily damaged / felled, and that our bio-diversity assets are
protected.
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.
The site is located within the settlement boundary of the settlement of Alyth, and
within an area which is covered by existing trees – a number of which will be directly
affected by this proposal.
To this end, the following policies are applicable to this proposal,
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Policy 1A/B: Placemaking 
Policy 5: Developer Contributions 
Policy 17: Residential Areas
Policy 40: Trees
Policy 41: Bio-diversity 
OTHER COUNCIL POLICIES
Placemaking Guide 2020
This is the most recent expression of Council policy towards Placemaking
Standards. 
Developer Contributions and Affordable Housing 2020 
This is the most recent expression of Council policy towards developer contributions
and affordable housing. 
EXTERNAL CONSULTATION RESPONSES
Scottish Water have commented on the proposal and raised no objections. 
INTERNAL COUNCIL COMMENTS
Transport Planning have commented on the proposal in terms of access and
parking related issues and have no objections. 
Development Contributions Officer has confirmed that there would be a
requirement for an affordable housing provision as this development is considered to
be an extension of the approved residential permission to the west. 
Biodiversity/Tree Officer was consulted on the planning application but has opted
not to make any specific comments. 
REPRESENTATIONS
One letter of representation has been received raising an objection to the proposal.
The main issues raised within the objection are, 
 Impact on trees
 Impact on wildlife
 Inappropriate land use
 Contrary to the Development Plan
These issues are assessed below. 
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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
Not Required
Report on Impact or Potential Impact  Tree and ecology survey
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.
In terms of other material considerations, consideration of the Council’s SPG’s on
Placemaking and Developer Contributions are material considerations.
Policy Appraisal
The site is located within the settlement of Alyth and the development proposed
would affects a number of existing trees. To this end, Policies 1 (Placemaking), 17
(residential areas), 40 (trees) and 41 (bio-diversity) are all directly applicable. 
Policy 1 seeks to ensure that all new developments do not have an adverse impact
on the areas in which they are located, whilst Policy 17 looks to ensure that new
developments within settlements are compatible with the surrounding land uses. 
Policy 40 looks to protect existing trees from unnecessary removals, whilst Policy 41
seeks to ensure that suitable habitat surveys are submitted so that the impact on
both local and protected wildlife can be assessed. 
Land Use acceptability 
The site would be compatible with the surrounding land uses (residential), but it is a)
an awkward shape that is out of character with the surroundings, and b) would
involve the removal of trees, and potential damage to a number of others – which in
turn would impact adversely on the visual amenity of the area. 
The level of usable amenity space would also be affected by existing trees, and be
affected by overhead canopies that would inevitably block light. The position of the
dwelling at the eastern end of the plot (to free up amenity space to the west) also
create an uneasy relationship with the neighbours to the east, and could result in
difficulties if windows are added in the future to the east elevation. 
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As such the proposal is not considered to be compatible with the (visual) amenity or
character of the area, and is contrary to Policy 17 of the LDP2.
Visual Impact, Design and Layout
The site is manufactured and would result in four direct tree losses and also the
potential permanent damage to a number of other trees. Occupiers of the resultant
house would inevitably look for more tree removal and tree work to improve their
residential amenity, which would be poor due to the level of existing trees within its
curtilage. The required trees loss, and likely additional loss would have an adverse
impact on the visual amenity of the area.
In terms of the actual design of the house, in isolation it is in offensive however it will
be squeezed into an awkward shaped site and be positioned only a matter of metres
from the back boundary with limited usable amenity space – and a good portion of
that amenity space would be affected by the tree’s canopies.
Accordingly, the proposal is contrary to the Council’s Placemaking Standards, and
also the principles of Policy 17 of the LDP2 which relates to new development within
settlements.
Residential Amenity
In terms of direct impact on existing residential amenity, there would be no direct
overlooking due to the design of the dwelling, and no windows facing the neighbours
to the east. In the event of any approval being forthcoming, consideration of the need
to withdraw permitted development rights for windows on that elevation should be
considered.
In terms of the level of residential amenity which would be provided for future
occupiers of the dwelling, the level of usable amenity space would be affected by the
level of existing trees which are shown for retention. There would also be a heavy
degree of shade from overhead branches, which could result in pressure from the
owners to remove further trees to create a more pleasing environment.
Roads and Access
Vehicular access to the site would be via new access off Airlie View, which in
Transport Planning have no objection to. An existing tree, and a section of small
walling will be required to be removed. In terms of the parking and turning areas
within the site, these are largely under the canopies of existing trees and within their
root protection areas.
Drainage and Flooding
The proposal raises no issues in terms of drainage or flooding matters.
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Conservation Considerations
The proposal does not affect any listed building, conservation area or local
archaeology. 
Impact on Trees
The site being manufactured (via tree removals) and is not a natural site for a
dwelling. The tree survey suggests that to allow for the development to be physically
built out, 4 trees are required to be removed and a further 10 trees would be subject
to potential damage during the construction phase as their RPA area within the area
of physical development. This is an unacceptable arrangement. 
There are minimal details within the applicant’s submission about how the
development will be able to be undertaken within so many RPA’s impacted upon,
other than simply stating that a Arboricultural Method Statement is required to be
prepared and implemented for the entire site comprising 24 trees. 
Natural Heritage and Biodiversity
An ecology survey has been submitted, and this includes an assessment for bats.
The survey suggests that to fully understand the impact on bats a further survey was
necessary, but that does not seem to have undertaken or submitted as part of the
planning application. In the absence of this, it has not been demonstrated fully that
protected species (notably bats) have been fully assessed, and mitigation options
made available. 
Developer Contributions
In the event of any approval being forthcoming, there will be a requirement for an
affordable housing provision. This extra unit is essentially an extension of the already
consented development of 22 to the west so the affordable housing provision will
increase. 
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 
The application has not been varied. 
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
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 d Development Plan.
Accordingly the proposal is refused on the grounds identified below.
1. The proposed site is manufactured and includes the removal of 4 trees and
will directly impact on the root protection areas (RPA) of a further 10 trees. It
has not been demonstrated how the development can be implemented
without significant damage occurring to the 10 trees which have their RPA
affected by the development. If implemented, there would also be significant
pressure for the further removal of remaining trees to create a more suitable
residential environment for the occupiers of the dwelling. In light of this, the
proposal is therefore contrary to the principals of Policy 40B (Trees,
Woodland and Development) of the Perth and Kinross Local Development
Plan 2 2019 which seek to avoid the necessary removal of individual or
groups of trees. 
2. The ecology survey submitted (Plan 11) is not detailed enough to fully assess
what impact the development would have on protected species (bats), and
what mitigation measures may be necessary to address any adverse impact.
Additional surveys are required, as per the conclusions of the submitted
ecology report. The proposal is therefore contrary to Policy 41 (bio-diversity)
of the Perth and Kinross Local Development Plan 2 2019 which seek to
protect both local and protected wildlife. 
3. The removal of existing trees to create space for the dwelling, parking and
driveway would have an instant adverse impact on the visual amenity of the
area. This would be increased further if additional trees within the site are
removed either after being damaged during construction or on completion,
both of which are reasonably probable. The proposal is therefore contrary to
Policy 1A (Placemaking) of the Perth and Kinross Local Development Plan 2
2019 as the development would have an adverse impact on the visual
amenity of the area and the development proposed would not contribute
positively to the quality of the existing natural environment. 
4. As a result of the awkward shape of the site and the presence of existing
trees across the site, the proposal site is being manufactured and would
appear to be squeezed in and out of character with the surrounding building
pattern of the area. The removal of the existing trees would also result in an
adverse impact on the visual amenity of the area. The proposal is therefore
contrary to Policy 17 (residential areas) of the Perth and Kinross Local
Development Plan 2 2019 which seeks to ensure that all new developments
within settlements are compatible with the (visual) amenity and character of
the area concerned. 
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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, refusal. 
Procedural Notes
Not Applicable.
PLANS AND DOCUMENTS RELATING TO THIS DECISION
01 – 12 (inclusive) 
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4(iv)(c)
LRB-2022-60
LRB-2022-60
22/00980/FLL - Erection of a dwellinghouse, land 40 metres
north west of 11 Glenisla View, Airlie View, Alyth, PH11
8LW
REPRESENTATIONS
357