Item 4(viii) LRB-2022-65
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.
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4(viii) LRB-2022-65 LRB-2022-65 22/01088/FLL - Alterations and extension to dwellinghouse, formation of vehicular access and driveway, erection of gates and associated works, 2 Oakbank Crescent, Perth, PH1 1DD INDEX (a) Papers submitted by the Applicant (Pages 959-1012) (b) Decision Notice (Pages 1015-1016) Report of Handling (Pages 1017-1022) Reference Documents (Pages 1009-1011 and 1023- 1045) (c) Representations (Pages 1047-1064) 957
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4(viii)(a) LRB-2022-65 LRB-2022-65 22/01088/FLL - Alterations and extension to dwellinghouse, formation of vehicular access and driveway, erection of gates and associated works, 2 Oakbank Crescent, Perth, PH1 1DD PAPERS SUBMITTED BY THE APPLICANT 959
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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. Craig & Maggie Smith 2 Oakbank Crescent Perth PH1 1DD Katie Crerar 37 High Street Grantown-on-Spey PH26 3EG 07730601996 kcplanning@outlook.com Perth & Kinross Council 22/01088/FLL 2 Oakbank Crescent, Perth, PH1 1DD Alterations and extension to dwellinghouse, formation of vehicular access and driveway, erection of gates and associated works 5 September 202215 June 2022 961
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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: X X X X X The applicants' request to meet with the LRB at the site visit and request to be informed of the date. They would like the opportunity to allow the committee the chance to see inside to appreciate the very small size of the existing property. They will also spray out the footprint of the proposals as a point of reference as well as having the chance to answer any questions. If for any reason this is not possible, the outside of this house can be seen unaccompanied. Further contact details can be provided if required. 962
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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. Please see Notice of Review Appeal Statement (1). X 963
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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 X X X K Crerar 2. Applicant’s Personal Statement 3. Existing and proposed visualisations of the extension (Jpeg files of the proposed visualisations also attached separately) 4. Neighbourhood Plan 5. Urban Grain Plan 6. Photoset 7. Zipped file containing plans and elevations submitted with the planning application 29/11/2022 964
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29 November 2022 kcplanning@outlook.com K C P l a n n i n g Notice of Review Appeal Statement Application: 22/01088/FLL for alterations and extension to dwellinghouse, formation of vehicular access and driveway, erection of gates and associated works Location: 2 Oakbank Crescent, Perth, PH1 1DD For: Maggie and Craig Smith Contents Page 1. Introduction 2 2. Proposal 3 3. Policy appraisal 5 4. Conclusion 16 APPENDIX 1: Design precedent 18 965
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2 1. INTRODUCTION 1.1. This Supporting Statement has been prepared on behalf of Maggie and Craig Smith and should be read in conjunction with the Notice of Review appeal submitted to Perth and Kinross Council. 1.2. This Notice of Review relates to the refusal of planning application 22/01088/FLL issued on 7th September 2022 for alterations and extension to dwellinghouse, alterations to vehicular access and driveway, erection of gates and associated works at 2 Oakbank Crescent, Perth. 1.3. The Planning Officer concluded that: ‘The proposals, by virtue of their competing form, inappropriate design and excessive scale, massing and proportions, would dominate, overdevelop and overwhelm the existing bungalow, resulting in an adverse impact upon the character and visual amenity of the area. Approval would therefore be contrary to Perth & Kinross Council's Placemaking Guide 2020 and Policies 1A, 1B(c) and 17(c) of Perth and Kinross Local Development Plan 2 2019, which seek to ensure that development contributes positively to the quality of the surrounding built environment in terms of design, proportions and appearance, in order to respect the character and amenity of the place’. 1.4. Therefore, this supporting statement along with the additional material submitted requests that the Local Review Body kindly reconsider this decision. 1.5. Along with the plans and elevations submitted as part of the planning application (7), the following additional documents have been presented to support this application for review (with document numbers in brackets): Applicant’s Personal Statement (2) Visualisations of the extension from the west (front) and south-east (rear aerial) elevations (3) Neighbourhood Plan (4) Urban Grain Plan (5) Photoset (6) 966
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3 2. PROPOSAL 2.1. 2 Oakbank Crescent is a modest two-bedroom 1930’s detached bungalow (as shown in photo to the right) located within a residential area of Perth. The existing living accommodation has a footprint of 86m² with an internal floor space of just 73m² and sits within a generous plot of 744m² (0.18 acres). 2.2. A planning application was submitted in June 2022 for alterations to the existing bungalow and a 1¾ storey extension to the rear (eastern elevation) with small flat roofed single storey ‘wings’ either side. The lower ground floor level will form living accommodation which opens out into the garden and a master bedroom on the upper floor of the extension (see Proposed floor and roof plans). It should be noted that due to the nature of the slope on the site, the roof level is not being raised to accommodate the proposal. 2.3. The proposal will add two additional bedrooms to the property to accommodate the applicants growing family (see Applicant’s Supporting Statement) and would replace an existing raised patio and conservatory (which have now been removed – see photo overleaf). Front Elevation Photo: DX2 Consultancy 967
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4 2.4. This proposal has sought to utilise the topography of the plot which slopes to the rear (east facing) and maximise the internal size of the property. The existing developed footprint including the garage and patio is 145m² (19% of the total plot area) and the proposed developed footprint including summerhouse will be 208m² (28% of the total plot area), creating an additional developed footprint of 63m². The lower ground floor will sit 1.7 metres below the original bungalow. 2.5. The existing bungalow will be re-rendered in a white roughcast with new high-spec, replacement windows and external doors being installed. The extension itself will be finished in the same render on the side (north and south) elevations with sections of timber cladding on the gable end (eastern elevation) to break up the wall space. It should be emphasised that the roof of the extension maintains the same ridge height and pitch as the bungalow and will also be finished in slate. 2.6. The applicants are also building a summer house in the rear garden which is allowed under householder permitted development rights. In the interests of transparency, the 28m² for this summerhouse has been included in any figures used to describe the proposed developed footprint. Rear Elevation Photo: DX2 Consultancy 968
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5 3. POLICY APPRAISAL 3.1. As required by Section 25 of The Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006, all planning decisions should accord with the development plan unless material considerations indicate otherwise. 3.2. In this instance, the planning application was assessed against TAYplan (2016-2036) as the Strategic Development Plan and the Perth and Kinross Local Development Plan (2019). In addition, the Perth and Kinross Placemaking Guidance (2020) is also taken into account. TAYplan Strategic Development Plan (2016-2036) 3.3. The Report of Handling states that there are no policies in TAYplan that are of specific relevance to this application but reference its vision: “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 3.4. 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.” 3.5. This proposal has sought to make best use of the size of the plot to create a comfortable, highly energy efficient and sustainable family home whilst retaining a large private rear garden which is significantly greater in size than many others in the area. The additional space is not only required to accommodate the applicant’s young family but also enable working from home (and to reduce commuting). 3.6. Energy efficiency is central to the renovation of the bungalow. The improvements to the existing house plus the new extension will make the property significantly more energy efficient – even as a larger home – than the original bungalow. It will be highly insulated with new windows and external doors, a stove and a heat- recovery system. In addition, solar panels will be installed on the extension. These measures will transform a largely uninsulated house into a low carbon, energy efficient home. 969
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6 3.7. In addition, it is considered that the external improvements to the bungalow itself (new roughcast rendering and replacement doors and windows) along with the modern extension to the rear will result in a home that is more attractive than the current neglected state of the exterior. Perth and Kinross Local Development Plan 2 (LDP, 2019) 3.8. Whilst all LDP policies apply, in this instance, Policy 1: Placemaking (specifically parts A and B) and Policy 17 (Residential Areas) were key policies in the determination of this application. Policy 1A & 1B: Visual Amenity 3.9. Policy 1A requires development proposals to contribute positively to the quality of the built environment and ‘planned and designed with reference to climate change mitigation and adaptation’. It adds that the ‘design, density and siting of the development should respect the character and amenity of the place’. 3.10. Part 1B requires development proposals to meet the criteria set out which include respecting the sites topography (b); complementing its surroundings in respect of appearance, height, scale, massing and materials (c); respect existing building lines (d) and the need to integrate ‘future adaptability, climate change and resource efficiency in mind wherever possible’ (f). Policy 17: Residential Areas 3.11. Policy 17: Residential Areas supports proposals which are compatible with the amenity and character of the area. It sets out criteria which proposals should fall into, including ‘Proposals which will improve the character and environment of the area or village’. Discussion / Appraisal 3.12. The Planning Officer has stated that ‘The proposals by virtue of their competing form, inappropriate design and excessive scale, massing and proportions, would dominate, overdevelop and overwhelm the existing bungalow, resulting in an adverse impact upon the character and visual amenity of the area’. 970
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7 3.13. Significant effort has been put into designing an extension that reflects the principles set out in the above policies whilst creating a functional and energy efficient family home that meets the applicants needs whilst utilising the generous plot of 744m². As the boundary lines widen towards the rear of the plot, this has given scope for the proposed single storey areas (comprising essential functionality such as: storage, shower room, utility room, entrance area) whilst retaining a large rear garden space. 3.14. In terms of the form and design of the extension, careful consideration was given to creating additional space that meet the needs of the family whilst retaining and improving the existing bungalow. The rationale for creating the principal living space to the lower ground floor of the extension is to better connect the house with the garden to make the property more family friendly and enable the applicants to more safely utilise and enjoy the generous garden space. Furthermore, it ensures that the extension is barely visible from the roadside as the design follows the sloping site (see Visualisations) therefore maintaining the “character and visual amenity of the area”. Design and proportions 3.15. In respect of the overall design and layout of the proposal, the Report of Handling is of the view that ‘As the bungalow is 8 metres in depth and the ridge length of the proposed two-storey extension is 10.75 metres, the extension would appear excessive and dominant, rather than a subordinate addition’. For clarification, the extension is 1¾ storey. 3.16. The Placemaking Guide (2020) adds that ‘Extensions should respect the shape, scale and proportions of the existing building… In most cases an extension should be a subordinate addition in all respects’ which is referenced in the Report of Handling. 3.17. It is argued that considerable effort has been made to ensure the extension respects the shape, scale and character of the existing bungalow. There is no policy requirement within any LDP policy (including 1A, 1B or 17) that state an extension must be a subordinate addition to an existing house. The Placemaking Guide states that extensions ‘in most cases’ should be a subordinate addition however, this is not absolute. Every proposal should be assessed on its merits and the view 971
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8 that the extension is unacceptable because it is not a subordinate addition is challenged. The measurements referred to above do not mention the eaves length of 8.7m which are only marginally longer that the original bungalow and should be noted. 3.18. The stated areas (footprints, floor, etc.) in the “Residential Amenity” section of the Handling Report are to varying degrees either inaccurate or ambiguously worded, and the summary that “the proposed extensions would more than triple the floor area of the bungalow, bringing it up to 235m²” is incorrect. The ground and lower ground floor area would be 159m², with another 44m² on the upper floor, totalling only 203m² of internal floor space. It should also be noted that the proposals will result in only 63m² larger developed footprint than currently. 3.19. However, the size of the extension or its measurements should not solely determine its acceptability but rather its relationship and how it connects with the existing bungalow, the capacity of the plot and its impact on its surroundings. The current size of the house is exceptionally small and well below modern space standards which should be taken into account. The applicants have sought to retain the existing bungalow and use the extension to create a comfortable, reasonably sized family home. This approach creates a more coherent dwelling than building multiple smaller extensions or piecemeal additions, which can be seen on some neighbouring properties. In addition, the principal elevation of the house will not be dramatically altered – there will be minimal visual impact on the principal elevation (see Visualisation). 3.20. The alternative of extending the bungalow is to demolish and replace it with an entirely new house that achieves modern space standards (which has been done at 32 Oakbank Crescent nearby). However this not only has greater potential to result in a more significant visual impact but is a less sustainable option which would be contrary to the relevant LDP policies which require proposals to be ‘planned and designed with reference to climate change mitigation and adaptation’ (Policy 1A) and integrate ‘future adaptability, climate change and resource efficiency in mind wherever possible’ (Policy 1B). 972
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9 3.21. The Placemaking Guide (2020) states that ‘Retaining existing buildings can be more sustainable than demolishing and rebuilding, which has associated embedded carbon emissions. Further, sustainable design and construction lends itself easily to refurbishment schemes, offering cost effective opportunities for development’ (Page 46). This proposal has sought to utilise the existing house whilst improving and extending it to create a home that meets modern space standards and significantly improves its energy efficiency. 3.22. In respect of the design and visual impact of the proposal, visualisations of the extension have been prepared showing the front elevation of the bungalow (west) and from the south-east (see Visualisations). 3.23. These illustrate that whilst the extension will indeed increase the size of the overall property, it fits well within its surroundings and does not dominate the plot, impact adversely on neighbouring properties or overwhelm the bungalow. The design and materials intend to reflect and complement the existing bungalow and merge the two parts to create an attractive dwelling. 3.24. The roof of the extension has been maintained at the same ridge height and pitch as the bungalow to provide a seamless connection between the bungalow and the extension and will also be finished in the same slate. Much of the lower level of the extension will also be finished in the same render (consistent with the bungalow) along with sections of more contemporary timber cladding. 3.25. It is argued that the design of this proposal is not inappropriate. Whilst the extension is of considerable size in relation to the existing bungalow, this is only because its current size is incompatible with modern standards for a family home. The proposal’s form, scale and use of materials complement and work with the character of the existing house to create a footprint on 28% of the plot (inclusive of the extension and summer house) which is not dissimilar to the developed footprint of the immediately surrounding plots in the area as can be seen from Table 1 on page 11. The comparison table also clearly points out that the directly neighbouring properties at 20 Fraser Terrace and 4 Oakbank Crescent have either the same or a much larger developed footprint to plot ratio. 973
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10 Impact on the character and visual amenity of the area 3.26. The extension is entirely located to the rear (eastern elevation) of the existing bungalow, the majority of which will not be visible from Oakbank Crescent. Only 1.5m of height from the small, ‘wing’ extensions will be visible (see Visualisations and Proposed elevations and sections) limiting any impacts on visual amenity. 3.27. The original bungalow will remain largely unchanged apart from having new, more efficient windows and front door and being rendered in a white roughcast in keeping with other houses on the street. The main volume of the extension is narrower than the original bungalow to ensure it will not dominate the appearance of its principal elevation which is visible from the street or affect its character. 3.28. Oakbank Crescent comprises a considerable variety of house sizes, facades and forms (see Appendix 1: Design precedent). Even those similar to 2 Oakbank Crescent consist of many different external colours, window proportions and window locations (including dormer windows on the front elevation / side elevations and extensions). This proposal will retain the character of the existing street facing principal elevation of the bungalow and enhance the current tired external finish. The extension will have minimal impacts on the front of the bungalow and the small section of the extensions ‘wings’ that will be visible will not affect the visual amenity any more than other extensions or garages that are evident along the street. 3.29. The extension has sought to utilise the sloping topography of the plot to create a reasonably sized family home whilst minimising the overall footprint. The Report of Handling states that ‘Whilst the property benefits from having spacious garden grounds, this excessive footprint increase constitutes over- development of the bungalow’. It should be pointed out that the proposed developed footprint, as previously stated in 3.17 is only 63m² (or 1.4 times) larger than the current developed footprint. The total floor area should not by itself be a basis for not complying with policy and it is unreasonable to say that it constitutes over development when the actual footprint is only marginally bigger than the conservatory and patio area that were there before and does not extend as far as the 974
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11 neighbouring extension at 4 Oakbank Crescent which sits on a considerably smaller plot. 3.30. With the addition of the extension, the footprint of the proposed extended house (including summerhouse) comprises 28% of the plot and is consistent with many neighbouring properties in the area. Table 1 below compares footprints as a proportion of the total plot area for the immediately surrounding houses (see Neighbourhood Plan). From this list and Graph 1 on page 13 it is evident that the 28% at 2 Oakbank Crescent is similar to or a smaller developed ratio, than that of many surrounding plots and therefore not an overdevelopment of the site. 975
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12 TABLE 1 976
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13 GRAPH 1 977
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14 3.31. The foot of Table 1 includes two rows of information which clearly show that 2 Oakbank Crescent currently has, at 12%, the most underused plot in the area. Even to include the raised patio and garage in this calculation, brings the developed footprint to only 19% of the plot – well below the average of 24% for the immediately surrounding area. This information highlights how underdeveloped the plot clearly is. 3.32. This point is further reinforced by the Planning Officer who states that ‘… taking the position, height and orientation of the proposed development and intervening boundary treatments into account, the proposals would not have a detrimental overshadowing impact on neighbouring properties’. The Planning Officer further states that overlooking and loss of privacy are not a concern for this proposal. This acknowledges that the plot is more than adequate to accommodate an extension of this size without having a detrimental impact on neighbouring properties and amenity. 3.33. To better assess and explore how this extension relates to and compares with the footprints of other homes in the surrounding area, an Urban Grain Plan has been prepared (see Urban Grain Plan). It shows that this proposal does not stand out when seen in the context of its neighbours and appears entirely average in terms of its form, scale and orientation. 3.34. A further Neighbourhood plan (see Neighbourhood Plan) is also provided which illustrates the building footprints and garden areas of properties in the immediate neighbourhood. As with the Urban Grain Plan, the development site does not stand out in any respect - be it the size or shape of the footprint or garden. Both plans illustrate that the extension at 2 Oakbank Crescent is not disproportionate and barely detectable amongst surrounding properties. 3.35. In conjunction with the Urban Grain Plan and Neighbourhood Plan, the aerial photograph (overleaf) further shows the pattern of development and surrounding house types/plots which clearly vary in shape and size. 978
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15 3.36. There are also huge variations in the size and form of extensions in the area. It is clear from the photograph that 2 Oakbank Crescent is currently one of smallest houses, on a plot that has capacity to accommodate a considerably bigger house. 3.37. Therefore, it is argued that the scale and massing of the extension is not excessive and is proportionate to the size of the plot and comparable with neighbouring properties. The Planning Officer stated that the proposal would not have a detrimental overshadowing impact and that overlooking or loss of privacy were not a planning concern in this instance. The reason that it was not considered to comply with Policy 17: Residential Areas was entirely due to the ‘excessive footprint increase’ which as raised in para. 3.28 is unjustified. 3.38. Whilst Policy 17c is listed within the reason for refusal, it is argued that the proposed extension and improvements to the existing bungalow constitute an improvement to the existing bungalow, particularly the rear raised patio which has minimal aesthetic value and also in terms of energy efficiency, utilising the generous size of the plot and overall will not have a significant impact on the visual or residential amenity of the area. Photo: DX2 Consultancy 979
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16 Other material considerations 3.39. Despite a significant amount of work going into the plans and planning process, there was no engagement or communication from the Planning Officer during the planning process. As such the refusal came as quite a surprise and there was no opportunity for the applicants to provide additional information in support of the application or discuss the merits of the proposal directly. 4. CONCLUSION 4.1. As has been set out in the applicants supporting statement, the intention of this proposal is to create a forever home for a family and enable them to live and contribute to their local area. 4.2. This proposal has sought to create a comfortable, modern and energy efficient home that continues to retain the character of the original bungalow. It is acknowledged that the proposal does comprise a substantial increase in the size of the overall property, however – as highlighted the figures in the Report of Handling were all incorrect - this alone is not an acceptable reason for concluding that the proposal does not comply with policy. 4.3. As set out through this supporting statement, there is considerable evidence in terms of comparisons with neighbouring properties, footprint analysis and the visualisations which demonstrate the proposal is not of an excessive scale in relation to its surroundings. The Report of Handling agrees that the ‘position, height and orientation of the proposed development and 980
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17 intervening boundary treatments…would not have a detrimental overshadowing impact on neighbouring properties’ nor result in any overlooking or privacy impacts yet is unacceptable just because of its size. In addition, the extension will have no negative impacts on the visual amenity of the area as the principal elevation of the bungalow will be retained. 4.4. The property will be an energy efficient building with high levels of insulation, new windows and external doors, a stove and a heat-recovery system. In addition, solar panels will be installed on the extension to utilise the south-facing aspect and create both hot water and generate electricity from sunlight. Despite the resultant house being substantially larger, its impact on the environment will be a fraction of the current bungalow, with a lower contribution to carbon emissions and no reliance on fossil fuels. 4.5. Therefore, it is argued that this proposal does meet the policy principles set out in Policy 1A, 1B and 17c and that this proposal can be delivered without having an adverse impact on the visual and residential amenity and character of the area. 981
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18 APPENDIX 1: Design precedent Along Oakbank Crescent there are is a large variety of houses of differing scale, shape and form as shown in the following images. Whilst a number are bungalows, the majority have had some form of alteration, and many have additions that are visible from the street including extensions and garages. 982
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19 983
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20 32 Oakbank Crescent (above) is an example of a house with a continuous ridgeline and is comparable in form to that of the proposal at No. 2. The footprint to plot ratio of No. 32 is 29% - again, comparable to 28% at No. 2. Images: Google (2022) Available at: http://maps.google.co.uk (Accessed: October 2022) 984
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Applicant’s Supporting Statement. With kind regards, Maggie and Craig Smith 985
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We are a young family who have grown up and always worked in the Perth area. I’m a primary school teacher at Oakbank and my husband owns a growing local business. Our 1-year-old son is enrolled at a nearby nursery, with plans to go to Viewlands Primary School, just across the road from our home. When we first saw 2 Oakbank Crescent, after 6 months of looking, we felt this was ‘meant to be’. What had once been a much-loved home had, over time, deteriorated and was now damp and unliveable. We understood it would mean a long process and a lot of hard work to transform it into our ‘forever family home’. We hope to raise our family here, enjoying the benefits of Perth as well as continuing to work and contribute to the local community. To help save for our new home, we moved in with parents in Spring 2021, with our new baby son. We soon realised that to achieve our forever home we were going to have to find a project. There was clearly no way we could afford what we needed, as well as continuing to fund and re-invest in the growing ReNu business. We had a few disappointments, as the competition for houses was fierce but when we saw Oakbank Crescent, this became our dream and we desperately wanted to live there. It was perfect; the size of garden, the position, proximity to work and good schools, a truly lovely area to bring up children. The feeling that this was meant-to-be was reinforced when the then-owners chose us out of the many bidders to live in what had been their family home since their grandparents built it in the 1930’s. This was despite offers at the closing date which were considerably more than ours. They wanted us, because we were a family who continued their history and involvement in primary teaching and local business. Over the next few months, we spent our spare time figuring out a layout which would fit well with the existing bungalow and site boundaries, and could meet our growing family needs. A home which we honestly thought would be accepted - we were leaving the public-facing side virtually unchanged, looked carefully at what other houses along the street had done and were extending the back footprint only by a length of 1 metre (taking into account the conservatory and the patio which had been part of the existing house). We visited each of our neighbours to explain our plans and were given a lovely welcome. One proviso was to agree to build or upgrade the 6-foot fence, which seemed to have been a long-term request to the previous owners. We were more than happy to comply and were excited and so hopeful when we submitted our plans to PKC. We were so disappointed to receive an outright refusal. We have been living with our supportive, patient parents/in-laws for almost 18 months but they are due to retire in 2023. We want to build this wonderful, energy-efficient, future-proof family home in Perth, in this lovely area of Oakbank, close to our workplaces and our son’s school. We want to contribute and get involved in the community here. We are not property-developers, as some of the other bidders were. We hope this appeal can succeed and you are able to support us. Figure 3: existing front elevation Figure 4: proposed front elevation as architectural visualisation (note the barely visible extension) Figure 1: showing the damp in the existing house (main bedroom) Figure 2: Existing raised patio area (1.7m above garden level) 986
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We understand the need for a formal appeal document and review of the Planning Officer’s conclusion. We would love to be able to discuss these in person, as it is such an important life-altering decision being made about our plans, and we also understand this discussion may not be possible. We have thought carefully about our proposal and how it fits with the local area. We have looked at surrounding houses and their plots to ensure that we are not developing anything larger or out of keeping. As seen in the architectural visualisations, to any passer-by, the house will remain virtually unchanged. With an internal floorspace of only 73m2, the current living accommodation of 2 Oakbank Crescent is incompatible with modern standards for a family home. It was only feasible as a family home for the previous owners as they converted the roof space into an uninsulated, unsafe and unapproved bedroom for 2 of their children over 50 years ago. The main points we would like to communicate through this appeal are: • We are taking a house that, in size, is unsuitable for a growing family and extending it to suit a modern family in a way that will be imperceptible to the public, whilst retaining the character of a mid-20th century bungalow in the Oakbank area. Therefore, we would argue that this does not have “an adverse impact on the character and visual amenity of the area” but instead enhances it. • The size of the plot is 744m2. The planned extended footprint of the house (including the summerhouse) will utilise 28% of that; similar to or a smaller developed ratio than that of many surrounding plots. We would argue that this is not an “excessive scale, massing and proportions” and that it makes best use of a fabulous plot. • The existing bungalow is being retained in our design, rather than knocked down. We have taken time to design an extension that fits well and preserves what is currently there, rather than adding multiple smaller extensions or piecemeal additions. We will freshen it up by re-rendering and replacing old windows and doors. We will insulate it and change it from a damp, cold, inefficient house to an energy efficient, practical, lovely family home. We therefore believe that this is neither a competing form or inappropriately designed proposal. • Other than the concern regarding light from our southerly neighbour (rejected by the Planning Officer) and the concern about being overlooked from the bedroom from our east neighbour (addressed when we agreed to erect a 6-foot fence as per her request), our neighbours have been supportive of our plans. We hope you will be able to visit the house to fully understand its current, tiny proportions and our proposal. We appreciate the scale of the proposed extension may look large or “dominant” in the drawings, however on visiting the site, we hope it is more obvious this is only in comparison to what is a very small existing building. Our proposal creates a functional, up-to-date, attractive family home that fits with the boundaries and sloping ground to utilise the plot, allows safe access for our young family to the garden area, aims to be significantly more energy efficient and remains largely visually unaltered from the road. Ultimately, we understand the Planning Officer assigned to us has rejected our plans. However, with a site visit and greater understanding of the plot and our proposals, we hope you can see the merit in them and approve our plans. Thank you. Figure 5: existing rear of property with surroundings Figure 6: proposed rear of property with architectural visualisation of proposal 987
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EXISTING AND PROPOSED VISUALISATIONS – 2 Oakbank Crescent 1 REAR AERIAL ELEVATION - PROPOSED (Image DX2 Consultancy) REAR AERIAL ELEVATION - CURRENT (Image DX2 Consultancy) REAR AERIAL ELEVATION – PROPOSED (Image DX2 Consultancy) 989
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EXISTING AND PROPOSED VISUALISATIONS – 2 Oakbank Crescent 2 FRONT ELEVATION - CURRENT (Image DX2 Consultancy) FRONT ELEVATION - PROPOSED (Image DX2 Consultancy) FRONT ELEVATION - PROPOSED (Image DX2 Consultancy) 990
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4(viii)(b) LRB-2022-65 LRB-2022-65 22/01088/FLL - Alterations and extension to dwellinghouse, formation of vehicular access and driveway, erection of gates and associated works, 2 Oakbank Crescent, Perth, PH1 1DD PLANNING DECISION NOTICE REPORT OF HANDLING REFERENCE DOCUMENTS (part included in applicant’s submission, pages 1009-1011) 1013
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REPORT OF HANDLING DELEGATED REPORT Ref No 22/01088/FLL Ward No P10- Perth City South Due Determination Date 13th September 2022 Draft Report Date 31st August 2022 Report Issued by KS Date 31st August 2022 PROPOSAL: Alterations and extension to dwellinghouse, formation of vehicular access and driveway, erection of gates and associated works LOCATION: 2 Oakbank Crescent Perth PH1 1DD 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 PHOTOGRAPHS BACKGROUND AND DESCRIPTION OF PROPOSAL 2 Oakbank Crescent is a modest detached bungalow which is located within a residential area in Perth. This application seeks detailed planning permission for alterations and extensions to the rear (east) of the house. SITE HISTORY None PRE-APPLICATION CONSULTATION Pre application Reference: Not Applicable. 1017
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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. The principal policies are: Policy 1A: Placemaking Policy 1B: Placemaking Policy 17: Residential Areas OTHER POLICIES AND GUIDANCE The Perth & Kinross Placemaking Guide 2020 states that; “Extensions should respect the shape, scale and proportions of the existing building… In most cases an extension should be a subordinate addition in all respects” CONSULTATION RESPONSES Scottish Water No objections – informative note recommended. INTERNAL COMMENTS Transport Planning No objections – informative notes and planning conditions recommended. 1018
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Environmental Health (Smoke/Odour/Glare) No objections – informative note recommended. Environmental Health (Contaminated Land) No objections – informative note recommended. REPRESENTATIONS The following matters were raised in the two representations received: Loss of light Overdevelopment Excessive height Overlooking and loss of privacy Additionally, it was noted that the proposed bathroom window was not shown on the south elevation. Whilst this alteration does not require planning permission, the issue was nevertheless resolved through the submission of an updated drawing on 7th August 2022. ADDITIONAL STATEMENTS Screening Opinion Not Applicable 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 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 appearance of 1019
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the proposed development, within the context of the application site, and whether it would have an adverse impact upon visual or residential amenity. Design and Layout 2 Oakbank Crescent is a detached bungalow which is located within a residential area in Perth. The property is a two-bedroomed hipped roof bungalow which has modest proportions. This application seeks detailed planning permission for alterations and extensions to the rear (east) of the house, to form enlarged and additional living accommodation and to provide a third and fourth bedroom. An existing raised patio and conservatory would be removed to accommodate the proposed development. The garden ground to the rear of the house is shown as being approximately 1.7 metres lower than the internal floor level of the existing house. Visual Amenity A two-storey gabled extension is proposed to project from the rear elevation of the hipped roof bungalow. As the bungalow is 8 metres in depth and the ridge length of the proposed two-storey extension is 10.75 metres, the extension would appear excessive and dominant, rather than a subordinate addition. This dominant appearance would be exacerbated by the drop in ground level, which would result in an extension of excessive bulk, scale and visual massing. Flat roofed single storey wing extensions are proposed to either side of the proposed two-storey gabled extension. The wings would over-spill to both sides of the bungalow. Again, the overall width proposed east elevation (16 metres) far exceeds the width of the existing house (9.3 metres). Accordingly, the proposals, by virtue of their competing form, excessive proportions and inappropriate design, would result an extension which is unsympathetic to the existing bungalow. The proposals would have a dominating effect on the bungalow and an adverse impact upon the character and visual amenity of the area. Approval would therefore be contrary to Perth & Kinross Council's Placemaking Guide 2020 and Policies 1A, 1B(c) and 17(c) of Perth and Kinross Local Development Plan 2 2019, which seek to ensure that development contributes positively to the quality of the surrounding built environment in terms of design, proportions and appearance, in order to respect the character and amenity of the place. Residential Amenity Overshadowing calculations are done on the basis of a 45-degree shadow line, taken from the nearest proposed high point towards the neighbouring properties. The high point of the single storey extension is 2.85 metres, which is offset from the southern boundary by 1.65 metres and the northern boundary by 1.25 metres. Accordingly, taking the position, height and orientation of the proposed development and intervening boundary treatments into account, the proposals would not have a detrimental overshadowing impact on neighbouring properties. 1020
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To prevent unacceptable overlooking issues, a minimum separation distance of 9 metres between habitable rooms and the boundary is typically sought. The distance from the proposed windows to the eastern boundary is 14 metres, which is adequate to ensure that overlooking and loss of privacy is not an issue of planning concern. The original bungalow measures 77.25sqm, with the conservatory (which is to be removed) measuring an additional 10.25sqm. The proposed extensions would more than triple the floor area of the bungalow, bringing it up to 235sqm (183sqm at ground floor level with an additional 52sqm at first floor level). Whilst the property benefits from having spacious garden grounds, this excessive footprint increase constitutes over-development of the bungalow. The Council’s Environmental Health Officers have requested that the applicant’s attention be brought to their advice in the event of any planning approval. Roads and Access An additional vehicular access is shown on the proposed application drawings, with a view to forming a driveway loop within the front garden. The Council’s Transport Planning Officer has requested that planning conditions and informative notes be included on any planning approval. Whilst the formation of a vehicular access would not require planning permission in this instance, it has presumably been shown on the application drawings in the interests of transparency. Drainage and Flooding There are no significant drainage and flooding implications associated with this proposed development. However, Scottish Water has requested that the applicant’s attention be brought to their advice in the event of any planning approval. 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. 1021
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CONCLUSION AND REASONS FOR DECISION To conclude, the application must be determined in accordance with the adopted Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to be contrary to the Development Plan. Account has been taken of the relevant material considerations and none has been found that would justify overriding the adopted Development Plan. Accordingly, the proposal is refused on the grounds identified below. Reasons for Refusal 1 The proposals, by virtue of their competing form, inappropriate design and excessive scale, massing and proportions, would dominate, overdevelop and overwhelm the existing bungalow, resulting in an adverse impact upon the character and visual amenity of the area. Approval would therefore be contrary to Perth & Kinross Council's Placemaking Guide 2020 and Policies 1A, 1B(c) and 17(c) of Perth and Kinross Local Development Plan 2 2019, which seek to ensure that development contributes positively to the quality of the surrounding built environment in terms of design, proportions and appearance, in order to respect the character and amenity of the place. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informative Notes Not Applicable. Procedural Notes Not Applicable. PLANS AND DOCUMENTS RELATING TO THIS DECISION 01 02 03 04 06 07 08 09 1022
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4(viii)(c) LRB-2022-65 LRB-2022-65 22/01088/FLL - Alterations and extension to dwellinghouse, formation of vehicular access and driveway, erection of gates and associated works, 2 Oakbank Crescent, Perth, PH1 1DD REPRESENTATIONS 1047
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CDS Planning Local Review Body From: Sent: 20 December 2022 14:52 To: CDS Planning Local Review Body Subject: Re: LRB-2022-65 CAUTION: This email originated from an external organisation. Do not follow guidance, click links, or open attachments unless you have verified the sender and know the content is safe. Our feelings remain the same. We feel it’s an overdevelopment, which will completely overwhelm the site and not in keeping with the area,as well as blocking light out of my property. .Yours Mr & Mrs Law Sent from my iPhone 1061
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1 CDS Planning Local Review Body From: Katie Crerar <kcplanning@outlook.com> Sent: 02 January 2023 19:35 To: CDS Planning Local Review Body Subject: RE: LRB-2022-65 Follow Up Flag: Follow up Flag Status: Completed CAUTION: This email originated from an external organisation. Do not follow guidance, click links, or open attachments unless you have verified the sender and know the content is safe. Dear Audrey, Many thanks for your email of 22 December. In response to the representation, the applicants’ and myself wish to respond as follows: We strongly contest the points raised and hope that the committee feels the counterpoints are sufficiently covered in the appeal documents. “We feel it’s an overdevelopment which will completely overwhelm the site” Please refer to the comparison table on page 12 of the Review Statement. The proposal will result in a total developed footprint of 28% of the site (including the summerhouse). This is comparable with many of the surrounding plots, with the directly neighbouring properties at 20 Fraser Terrace and 4 Oakbank Crescent having a developed footprint of 28% and 35% respectively. We would also point out that the footprint of our proposal will not extend as far into the garden as that of the neighbouring property at 4 Oakbank Crescent. We hope that the committee view this direct comparison (seen in the visualisation and comparison table) as a clear case that our proposal is not an overdevelopment. “…and not in keeping with the area…” Please refer to the visualisation and appendix images. The existing property is retained, freshened up and the proposed extension is imperceptible to the public, therefore having a very limited visual impact on the area. There is a considerable variety in the street facing facades along the Crescent (seen in the appendix images), many of which have been extended on the street elevations (such as garages, dormers etc) and are clearly visible to the passing public. “…as well as blocking light out of my property.” Please refer to the delegated report. As stated in this report: "Overshadowing calculations are done on the basis of a 45-degree shadow line, taken from the nearest proposed high point towards the neighbouring properties. The high point of the single storey extension is 2.85 metres, which is offset from the southern boundary by 1.65 metres and the northern boundary by 1.25 metres. Accordingly, taking the position, height and orientation of the proposed development and intervening boundary treatments into account, the proposals would not have a detrimental overshadowing impact on neighbouring properties.” Therefore it has been concluded there would be no overshadowing/blocking of light to 4 Oakbank Crescent. Kind Regards Katie Katie Crerar MRTPI BA (Hons) MA Planning Consultant KC Planning 1063
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