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) 11
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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 13
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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) 33
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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. 37
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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 38
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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 39
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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 40
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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. 41
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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 01 02 03 04 05 06 07 08 09 10 11 12 42
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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 49
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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. 51
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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. 57
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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. 58
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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 59
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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. 61
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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. 63
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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 65
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