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Item 4(i) LRB-2022-67

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

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4(i)
LRB-2022-67
LRB-2022-67
22/01236/FLL - Alterations to garage/workshop to form
dwellinghouse, land 40 metres north east of Eldorado,
Glenfoot, Abernethy
INDEX
(a) Papers submitted by the Applicant (Pages 13-32)
(b) Decision Notice (Pages 35-36)
Report of Handling (Pages 37-42)
Reference Documents (Pages 24-27, 32 and 43-48)
(c) Representations (Pages 49-66)
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4(i)(a)
LRB-2022-67
LRB-2022-67
22/01236/FLL - Alterations to garage/workshop to form
dwellinghouse, land 40 metres north east of Eldorado,
Glenfoot, Abernethy
PAPERS SUBMITTED
BY THE
APPLICANT
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4(i)(b)
LRB-2022-67
LRB-2022-67
22/01236/FLL - Alterations to garage/workshop to form
dwellinghouse, land 40 metres north east of Eldorado,
Glenfoot, Abernethy
PLANNING DECISION NOTICE
REPORT OF HANDLING
REFERENCE DOCUMENTS (part included in
applicant’s submission, pages 24-27, 32)
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REPORT OF HANDLING
DELEGATED REPORT
Ref No 22/01236/FLL
Ward No P9- Almond And Earn
Due Determination Date 1st October 2022 
Draft Report Date 30th September 2022
Report Issued by Date
PROPOSAL: Alterations to garage/workshop to form dwellinghouse
LOCATION: Land 40 Metres North East Of Eldorado Glenfoot
Abernethy 
SUMMARY:
This report recommends refusal of the application as the development is considered
to be contrary to the relevant provisions of the Development Plan and there are no
material considerations apparent which justify setting aside the Development Plan.
BACKGROUND AND DESCRIPTION OF PROPOSAL
The site is located within rural area to the southwest of Abernethy, but the site does
lie within close proximity the south boundary of the settlement.  
The proposal details that the building would be converted but also states that the
proposal has retained the existing wall and roof shapes to form a house.  Whether
the proposal is to alter/convert the consideration will be under the same pert of the
policy. 
This application is for alterations to a garage/workshop to form a dwellinghouse
which will include the provision of a single woodburning stove and associated flue.
There are quarrying activities to the south of the proposed site. Although disused,
the original size and depth of the quarry is unknown, as is any material used to infill
the quarry after work there ceased. There is therefore the potential for localised
ground gas production that could possibly impact on any residential properties being
built on the site.
There is also the possibility of contaminants being present on site as the garage was
used to store vehicles and chemicals therefore a full ground risk assessment should
be carried out prior to development.
I therefore recommend the following condition be applied to the application.
SITE HISTORY
None.
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PRE-APPLICATION CONSULTATION
Pre application Reference: 
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 5: Infrastructure Contributions  
Policy 19: Housing in the Countryside  
Policy 32: Embedding Low & Zero  Carbon Generating Technologies in New
Development
Policy 53B: Water Environment  and Drainage: Foul Drainage
Policy 53C: Water Environment  and Drainage: Surface Water Drainage
Policy 58A: Contaminated and Unstable  Land: Contaminated Land
Policy 60B: Transport Standards and  Accessibility Requirements: New Development
Proposals
OTHER POLICIES
Housing in the countryside
Placemaking Supplementary Guidance 
Developer Contributions supplementary Guidance 
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CONSULTATION RESPONSES
Environmental Health (Contaminated Land) Condition would be required 
Environmental Health (Noise Odour)  Stove informative would be required 
Scottish Water No objection 
Transport Planning No objection 
Development Contributions Officer No contributions required 
REPRESENTATIONS
1 representation was received.
It raised concerns over implications on private water supplies, and the general
principle of residential development in the countryside against local development
plan policy.
ADDITIONAL STATEMENTS
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment Habitats Regulations AA Not
Required
Design Statement or Design and Access
Statement
Not Required
Report on Impact or Potential Impact eg Flood
Risk Assessment
Not Required
APPRAISAL
Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997
require that planning decisions be made in accordance with the development plan
unless material considerations indicate otherwise.  The Development Plan for the
area comprises the approved TAYplan and the adopted LDP2.
The determining issues in this case are whether; the proposal complies with
development plan policy; or if there are any other material considerations which
justify a departure from policy.
Policy Appraisal
The site is not located within the settlement boundary but is in close proximity with
an access/garden ground of an adjacent dwelling retained to the north providing a
buffer between the settlement and the site.  Policy 6 does not support development
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which adjoins the settlement, but as gap has been left in this case the proposal is not
being further considered under this policy and due to other policy concerns. 
The most applicable policy is therefore Policy 19 Housing in the Countryside which
states that development of single houses or groups of houses which fall within the
six identified categories will be supported. 
(1) Building Groups 
(2) Infill sites
(3) New houses in the open countryside on defined categories of sites as set out in
section 3 of the Supplementary Guidance
(4) Renovation or replacement of houses
(5) Conversion or replacement of redundant non-domestic buildings
(6) Development on rural brownfield land
The only applicable category for consideration is Category 5 which relates to the
conversion or replacement of redundant non-domestic buildings.  To be considered
under this category, as detailed in the supplementary guidance, the building must be
of traditional form and construction, or non-traditional but otherwise of architectural
merit and which makes a positive contribution to the landscape and character of the
surrounding area.
The building on site as evidenced from the submitted photographs is a large timber
shed with low pitched corrugated roof with a number of lean-to extensions.  This
building does not meet the definition of a traditional building and is not of
architectural merit that makes a positive contribution.  The building cannot comply
with the criteria under this category and therefore no further consideration is given.
The site has been further considered under the remaining categories but it does not
form part of a building group (1), is not infill development (2) is not accompanied by
the supporting information required under new houses in open countryside (3), is not
a replacement dwellinghouse (4) and does not meet the definition of rural brownfield.    
Design and Layout
The proposal is to convert/alter a building which has a functional outbuilding/garage
design.  The elevational changes to convert to a dwelling include the addition of
windows and doors but this in conjunction with the shallow pitched roof and
disproportionate wall to roof ratios result in a poor design not reflecting the rural
character of the area. 
By virtue of the alterations required to form a dwelling and the original form of the
building not being conducive to conversion the proposal would be contrary to Policy
1 Placemaking 1A as the resultant design would not contribute positively to the
quality of the surrounding environment and 1B (c) as the design does not
complement its surroundings in terms of appearance.
Residential Amenity
The site is to the east of an existing dwelling with adequate distance to mitigate any
impacts in terms of overlooking.  Windows are proposed to the north in close
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proximity to the boundary (beyond which is an access track to a garage the main
amenity space of the neighbouring dwelling is to the west).  As the windows (one
bedroom/one bathroom) are at ground floor if the proposal has been acceptable a
boundary treatment could have mitigated the impact. 
Roads and Access
Transport Planning have no objection to the access arrangement proposed. 
Drainage and Flooding
The site is not at risk of flooding and there is adequate space within the site for
drainage proposals (the details of which could have been conditioned if the
application was to be supported). 
Natural Heritage and Biodiversity
The building is not of an age,material or construction type to have potential for
protected species. 
Developer Contributions
Primary Education  
The Council Developer Contributions Supplementary Guidance requires a financial
contribution towards increased primary school capacity in areas where a primary
school capacity constraint has been identified.  This proposal is within the catchment
of Abernethy Primary School.  The proposed dwelling shows one bedroom, in line
with par 4.5 of the Guidance, this does not require assessment for contributions. 
Transport Infrastructure 
The Council Transport Infrastructure Developer Contributions Supplementary
Guidance requires a financial contribution towards the cost of delivering the transport
infrastructure improvements which are required for the release of all development
sites in and around Perth. 
The site is located in the 'Full' Transport Infrastructure contributions zone (Appendix
3 of the Supplementary Guidance). The change of use will not require a contribution.
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.  
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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 proposal is contrary to Policy 19 of the Perth and Kinross Local
Development Plan 2 2019 and the Council's Housing in the Countryside
Supplementary Guidance 2020 as the proposal fails to satisfactorily comply with
category (5) Conversion or replacement of redundant non-domestic buildings as the
policy requirements have not been met.  It is also considered that the proposal
cannot satisfy any of the remaining categories (1) Building Groups, (2) Infill Sites, (3)
New Houses in the Open Countryside, (4) Renovation or Replacement of Houses
and (6) Rural Brownfield Land.
2 The proposal is contrary to the Perth and Kinross Local Development Plan 2
2019 and the Council's Placemaking Supplementary Guidance 2020. In relation to
Policy 1 Placemaking 1A the resultant design would not contribute positively to the
quality of the surrounding environment and 1B (c) as the design does not
complement its surroundings in terms of appearance.
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
N/A
Procedural Notes
Not Applicable.
PLANS AND DOCUMENTS RELATING TO THIS DECISION
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02
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04
05
06
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09
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4(i)(c)
LRB-2022-67
LRB-2022-67
22/01236/FLL - Alterations to garage/workshop to form
dwellinghouse, land 40 metres north east of Eldorado,
Glenfoot, Abernethy
REPRESENTATIONS
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Mrs Evelyn Finn (Objects)
Comment submitted date: Fri 12 Aug 2022
The houses such as mine on the elevated south side of the village, have suffered
from loss of water supply due to lack of pressure for many years This has been
more recently addressed as far as possible. However there have been stables
built, and some additional development which doesn't help. The existing
development plan addresses the need for housing, and is located where all
services are available. I see no need for a residential property being built outside
of the designated area, particularly where it has been specifically shown to cause
water pressure issues. Therefore I strongly oppose this development.
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M e m o r  
To Development Management & Building   
Standards Service Manager   
Your ref 22/01236/FLL
Date  16 August 2022
Communities
a n d u m
From  Regulatory Services Manager
Our ref  OLW
Tel No      
Pullar House, 35 Kinnoull Street, Perth PH1 5GD
Consultation on an Application for Planning Permission
PKC 22/01236/FLL RE: Alterations to garage/workshop to form
Dwellinghouse, Land 40 Metres North East Of Eldorado, Glenfoot, Abernethy for Mr
Robert Munro
I refer to your letter dated 16 August 2022 in connection with the above application and have
the following comments to make.
Environmental Health
Recommendation
I have no objections to the application but recommend the undernoted informative be
included on any given consent.
Comments
This application is for alterations to a garage/workshop to form a dwellinghouse which will
include the provision of a single woodburning stove and associated flue.
Air Quality
Perth and Kinross Council have a duty to assess biomass boilers for capacity within the
range of 50kW to 20MW in terms of nitrogen dioxide and particulate matter based on their
effect on air quality in the area. Though the application does not include any information on
the stove, it is likely to be domestic sized and therefore I have no adverse comments to
make with regards to air quality.
Odour
Another matter pertaining to the stove which could cause an issue has the potential for
smoke or odour disamenity. This Service has seen an increase in complaints with regards to
smoke and odour due to the installation of biomass appliances. This can be caused due to
poor installation and maintenance of the biomass appliances and also inadequate dispersion
of emissions due to the inappropriate location and height of a flue with regards to
surrounding buildings. 
I note from the submitted plans that the flue will terminate above roof ridge height, which will
aid in dispersion of emissions. I would advise that smoke/odour could be further minimised
through the use of fuel recommended by the stove manufacturer. 
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In light of the above, the residential amenity at neighbouring dwellinghouses should not be
adversely affected by smoke/odour. 
I would therefore have no objections to this development provided that the following
informative is attached to the consent.
Informative
The approved stove system shall be installed and thereafter operated and maintained in
accordance with the manufacturer's recommendations, such that smoke odours are not
exhausted into or escape into any neighbouring dwellings. Failure to do so may result in an
investigation and possible action by Environmental Health under the Environmental
Protection Act 1990.
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Comments to the Development Quality Manager on a Planning Application
Planning
Application ref.
22/01236/FLL Comments
provided by
Dean Salman
Development Engineer
Service/Section Transport Planning Contact
Details
Description of
Proposal
Alterations to garage/workshop to form dwellinghouse
Address of site Land 40 Metres North East Of Eldorado
Glenfoot
Abernethy
Comments on the
proposal
Insofar as the Roads matters are concerned, I have no objection to this
proposal.
Recommended
planning
condition(s)
Recommended
informative(s) for
applicant
Date comments
returned  30 August 2022
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M e m o r  
To Development Management & Building  
Standards Service Manager   
Your ref 22/01236/FLL
Date  2 September 2022
Communities
a n d u m
From  Regulatory Services Manager
Our ref  KIM
Tel No    
Pullar House, 35 Kinnoull Street, Perth PH1 5GD
Consultation on an Application for Planning Permission
PK22/01236/FLL RE: Alterations to garage/workshop to form dwellinghouse at Land 40
Metres North East Of Eldorado, Glenfoot, Abernethy for Mr Robert Munro
I refer to your email dated 16/08/2022 in connection with the above application and have the
following comments to make.
Contaminated Land
There are quarrying activities to the south of the proposed site. Although disused, the
original size and depth of the quarry is unknown, as is any material used to infill the quarry
after work there ceased. There is therefore the potential for localised ground gas production
that could possibly impact on any residential properties being built on the site.
There is also the possibility of contaminants being present on site as the garage was used to
store vehicles and chemicals therefore a full ground risk assessment should be carried out
prior to development.
I therefore recommend the following condition be applied to the application.
Conditions 
EH41 
Development shall not commence on site until an evaluation for the potential of the site to be
affected by contamination by a previous use has been undertaken and, as a minimum, a
Preliminary Risk Assessment (Phase 1 Desk Study) has been submitted for consideration
and accepted by the Council as Planning Authority. If the preliminary risk assessment
identifies the need for further assessment, an intrusive investigation shall be undertaken to
identify; 
I. the nature, extent and type(s) of contamination on the site 
II. measures to treat/remove contamination to ensure the site is fit for the use proposed 
III. measures to deal with contamination during construction works 
IV. condition of the site on completion of decontamination measures. 
Prior to the completion or bringing into use of any part of the development the measures to
decontaminate the site shall be fully implemented in accordance with the scheme
subsequently agreed by the Council as Planning Authority. Verification that the scheme has
been fully implemented must also be submitted to the Council as Planning Authority.
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CDS Planning Local Review Body
From: Eve Finn
Sent: 17 January 2023 12:16
To: CDS Planning Local Review Body
Subject: Re: LRB-2022-67
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.
22/01236/FLL 
LRB-2022-67.
I am extremely sorry to hear of the applicant’s ill health. 
It is in poor taste that the agent introduces the matter as grounds for an appeal, and I can see no new basis for a
change in your initial decision.  
Permission was given initially for the static caravan to remain for two years (13/00914/FLL) to enable the applicant to
find accommodation locally.   
The development plan has allowed for many new houses in Abernethy, so there has been ample opportunity for the
applicant to secure accommodation, and remove the caravan during the last ten years.
It would seem that no attempt had been made to comply with your ruling, made long before any delays due to
coronavirus, or any indication of the applicant’s failing health.
Our water supply has been an issue in the past, due to the fact that we are up the side of the hill, and there is no
pump in the supply pipe. Services do have their breaking point, so I hope you will stick by your earlier decision, and
also enforce the longstanding notice to remove the caravan. 
Yours faithfully,
Eve Finn.
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1
CDS Planning Local Review Body
From: Robert Crerar <r.crerar1@outlook.com>
Sent: 10 February 2023 14:07
To: CDS Planning Local Review Body
Subject: LRB-2022-67
Attachments: email.pdf
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 Lisa,
In response to your email to me dated 2nd February 2023 in connection with application reference 22/01236/FLL,
with which you attached an objecting letter from Mrs Eve Fiinn, I forwarded this onto my clients for their perusal and
comments.
As a result of this I have received a small email from Mrs Barbara Munro on 8th February 2023 and attached to this
were the comments of her son, Robert Munro, the applicant who hopes to convert the garage/workshop into a small
house for himself at the small holding.
I believe myself the objecting letter should be disregarded, as Mrs Finn is not an adjoining neighbour to Eldorado.  I
hope you can take into account this email and the attached email from Mrs Barbara Munro and Robert Munro.  Thank
you.
R. Crerar
The Square
Methven
By Perth
PH1 3PE
Telephone - 01738 840264
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