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22/01868/Fll

Perth and Kinross Council · 10 April 2024
Back to Planning and Placemaking Committee — 10 April 2024 and its agenda

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Perth and Kinross Council
Planning and Placemaking Committee – 10 April 2024
Report of Handling by Strategic Lead - Economy, Development & Planning
(Report No. 24/110) 
PROPOSAL: Change of use, alterations and extension to workshop to form
dwellinghouse 
LOCATION: Rowan, Garth, Fortingall 
Ref. No: 22/01868/FLL
Ward No: P4 – Highland 
Summary 
This report recommends approval of a detailed planning application for the change of
use, alterations and extension to a former workshop to form a dwellinghouse at Garth,
a small residential hamlet located to the north east of Fortingall as the development is
considered to comply with the relevant provisions of the Development Plan and there
are no material considerations apparent which outweigh the Development Plan. 
BACKGROUND AND DESCRIPTION OF PROPOSAL 
1 This planning application seeks to obtain detailed permission for the change of use
and alterations to an existing former workshop building to a private dwelling. The
site is located within a residential hamlet named Garth, which is around 1 mile
northeast of the village of Fortingall. 
2 The proposal retains the majority of the external walls of the existing building, with
the exception of a lean too extension that is proposed to be removed and replaced
with a new extension. The roof of the existing building is to be replaced to provide
living accommodation over two levels with the upper level within the new mansard
style roof space via the use or rooflights. 
3 The external finishes comprise a mix of wet dash render, timber cladding and
natural slate. Three onsite parking spaces are to be provided, and the vehicular
access would be via an existing private access which serves a number of other
residential properties. 
4 Foul drainage will be disposed of via an existing shared system (off site), and
surface water will be disposed of via soakaways within the site.

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PRE-APPLICATION CONSULTATION 
5 The proposal is not of a scale which requires formal pre-application consultation
with the local community. 
ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 
6 The proposal is not of a scale which requires assessment through EIA. 
DEVELOPMENT PLAN 
7 The Development Plan for the area comprises National Planning Framework 4
(NPF4), Perth and Kinross Local Development Plan 2 (2019) (LDP2) and
statutory supplementary planning guidance (SPG). 
National Planning Framework 4 
8 The National Planning Framework 4 (NPF4) is the Scottish Government’s long-
term spatial strategy with a comprehensive set of national planning policies. This
strategy sets out how to improve people’s lives by making sustainable, liveable
and productive spaces. 
9 NPF4 was adopted on 13 February 2023. NPF4 has an increased status over
previous NPFs and comprises part of the statutory development plan. 
10 The Council’s assessment of this application has considered the following
policies of NPF4: 
• Policy 3: Biodiversity 
• Policy 4: Natural Places
• Policy 9: Brownfield, vacant and derelict land and empty buildings
• Policy 14: Design, Quality and Place 
• Policy 16: Rural Homes 
• Policy 29: Rural Development 
Perth and Kinross Local Development Plan 2 (2019)  
11 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the
area and states that, “Our vision is of a Perth and Kinross which is dynamic,
attractive and effective which protects its assets whilst welcoming population and
economic growth.” It is the most recent statement of Council policy and is
augmented by Supplementary Guidance. 
12 The site is located within the landward area of the LDP2, where the following
policies are applicable: 
• Policy 1A: Placemaking  
• Policy 1B: Placemaking

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• Policy 5: Developer Contributions
• Policy 19: Housing in the Countryside
• Policy 31: Other Historic Environmental Assets 
• Policy 41: Biodiversity 
• Policy 53: Water Environment and Drainage 
• Policy 60: Transport Standards 
Statutory Supplementary Planning Guidance 
13 The following statutory SPG are applicable to this proposal, 
• Placemaking 2020
• Developer Contributions and Affordable Housing 2023
• Housing in the Countryside 2020 
OTHER PKC POLICIES 
Non-Statutory Planning Guidance 
14 The following non-statutory PG is applicable, 
• Planning & Nature 2020 
NATIONAL PLANNING GUIDANCE 
15 The Scottish Government expresses its planning policies and guidance through
Advice Notes (PAN), Creating Places, Designing Streets, National Roads
Development Guide and a series of Circulars. 
Planning Advice Notes 
16 The following Scottish Government Planning Advice Notes (PANs) and Guidance
Documents are of relevance to the proposal: 
• PAN 40 Development Management
• PAN 51 Planning, Environmental Protection and Regulation
• PAN 61 Planning and Sustainable Urban Drainage Systems
• PAN 68 Design Statements 
SITE HISTORY 
17 19/01356/FLL – Change of use, alterations and extensions to workshop (Class 5)
to form a dwellinghouse, formation of landscaping, parking area and associated
works.

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CONSULTATIONS 
18 As part of the planning application process the following bodies were consulted: 
External   
Scottish Water 
19 No objection to the proposal.   
Internal 
Transportation and Development 
20 No objection to the proposal in terms of parking provision and the means of
vehicular access. 
Developer Contributions Officer 
21 No requirement for any Developer Contributions. 
Environmental Health 
22 No objection in terms contaminated land issues however a standard condition
should be attached to any permission.   
REPRESENTATIONS 
23 Twelve letters of representations have been received, all of which are objecting
to the proposal. Eleven of these are from individuals, and the other from the
Glenlyon Community Council. The principal issues raised within the letters of
representation are, 
• Contrary to the Development Plan 
• Inappropriate land use 
• Impact on visual amenity 
• Traffic concerns 
• Impact on residential amenity
• Impact on ecology 
• Impact on trees
• Drainage concerns 
24 These issues are addressed below in the main appraisal section.

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ADDITIONAL STATEMENTS
25
Screening Opinion  Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment under Habitats
Regulations
AA Not Required
Design Statement or Design and Access
Statement
Supporting statement 
Report on Impact or Potential Impact  Bat Survey 
APPRAISAL 
26 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as
amended) require the determination of the proposal to be made in accordance
with the provisions of the Development Plan, unless material considerations
indicate otherwise.  The Development Plan comprises NPF4, the LDP2 and
statutory SPG. The relevant policy considerations are outlined in the policy
section above and are considered in more detail below.   
27 In terms of other material considerations, this involves considerations of the sites
previous planning history, and consideration of the Council’s non-statutory
planning guidance. 
Policy 
28 There are relevant policies contained in all parts of the Development Plan. 
29 Within the NPF4, Policy 3 (Biodiversity) places biodiversity front and centre of all
planning decisions whilst Policy 14 (Design, Quality and Place) promotes high
quality design for all new proposals. Policy 9 (Brownfield, vacant and derelict
land and empty buildings) and Policy 17 (Rural Homes) offers support for new
housing in the countryside under certain instances, whilst Policy 29 (Rural
Development) encourages new rural development in general, in suitable and
appropriate locations. 
30 Within the LDP2, the site lies within the landward area where Policies 1
(Placemaking), 19 (Housing in the Countryside), 31 (Other Historic
Environmental Assets), 41 (Biodiversity), 53 (Water Environment), 60 (Transport
Standards) are all directly applicable. 
31 Policy 1 seeks to ensure that all new developments do not have an adverse
impact on the local environment, which includes visual and residential amenity
impacts. Policy 19 is the LDP2 version of the Housing in the Countryside policy
and offers support to new housing in the countryside in certain instances and
needs to be read in conjunction with both the SPG and Policy 17 of the NPF4.

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Policy 31 looks to protect our non-designated assets, Policy 41 seeks to protect
both local and protected wildlife, whilst Policy 53 looks to ensure that sites are
adequately drained. Policy 60 looks to ensure that all matters concerning access
and parking related matters comply with both the Council’s standards and that of
the NRDG. 
32 In terms of statutory SPG, the Council’s policies on Placemaking, Developer
Contributions and Housing in the Countryside are all applicable, and the content
of these broadly follows the comparable LDP2 policies. 
Land Use Acceptability  
33 Detailed planning permission had previously been granted on this site the
change of use and alterations of the former workshop to a dwelling. Whilst that
permission has now expired, the fact that the comparable policy sections within
current Development Plan aligns with the previous planning policies which where
relevant at the time when the previous application was considered is a significant
consideration. 
34 There nevertheless remains a requirement to assess the proposal against the
current Development Plan, especially as the nature of the proposal has slightly
altered. 
35 All parts of the Development Plan in relation to new housing in the countryside
supports (still) supports the principle of a redevelopment of an existing,
redundant and traditional building to a new dwelling as long as the development
is suitability scaled and designed to be in keeping with the character of the area.
The Development Plan goes on to places a high emphasis on the reuse and
retention of existing buildings (as opposed to replacement), and whilst the
applicant has opted to re-configure the roof arrangement of the existing building,
they have kept the original footprint by incorporating the existing walls into the
design – which all aligns positively with the Development Plan requirements. The
principle of the retention of the principal walls also aligns with the broader aims of
Policy 31 which looks to preserve our non-designated historic assets. 
36 In light of this, and bearing in mind the building is set within an established
residential building group, the key test of the acceptability of this proposal is not
necessary the principle of the use of the altered building as a dwelling or the
compatibility of the proposed residential use, but whether or not the physical
works required to facilitate the residential use are acceptable from a visual and
residential amenity perspective. 
Visual Amenity, Design and Layout 
37 Whilst the existing building is historic is not of any specific architectural merit, nor
does it contribute significantly to the visual amenity of the area. It is nevertheless
historic and has some local interest, and in that regard the retention of the
original external walls and its footprint is welcome, and is in accordance with the

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principles of the Development Plan. There is however a significant change in the
appearance of the proposal from the existing, and other surrounding properties
which all have typical roof forms. The introduction of the mansard style roof,
replacing the two small pitches to maximise internal space is the most significant
design consideration, and this has been raised with a number of the
representations. 
38 Mansard roofs styles are not uncommon, and are not unacceptable simply by
default. The context in which this particular roof type is used needs to be
considered and how the resultant development would relate to the surrounding
environment. In this case, the design solution to maximise the internal space is
considered acceptable, and with the use of slates, wet dash and timber finishes
the overall design quality is high, and this is encouraged within throughout the
Development Plan. The lack of a certain style of roof style in the area does not
necessary mean that a new style is not appropriate purely for that reason. 
39 The key test is whether or not the resultant development would in its own right
introduce an incongruous feature which would be to the visual detriment of the
area concerned. Following the initial submission, the applicant opted to make
some subtle amendments to the roof design to improve its appearance. The
changes involved a reduction in the area covered by the new roof, small design
changes, reduction in the size of rooflights and no overhang to the adjacent
vennel. These alterations in combination with the high quality external finishes
now results in a development which is considered to be acceptable, not visually
incongruous and in accordance with the various Design and Placemaking
policies of the Development Plan. 
40 In terms of other layout matters, matters such as parking, turning amenity space,
private drainage are all acceptable. 
Residential Amenity  
41 The principal impact on existing residential amenity will be with 4 Garth, which is
the property immediately opposite the site to the east. That property has a first-
floor window facing towards the site. It is proposed to utilise the two existing
ground floor windows, and then to incorporate additional rooflights at first floor
level. Any direct interaction is therefore likely to be at first floor level. The size
and location of the rooflights have been altered since the original submission,
with the rooflights reduced in size and also moved further up the plane of the
roof. This goes some way to address the potential for direct interaction, however
for the taller person there would still be some scope for direct viewing across to
towards the existing property and the close relationship between the existing and
proposed is a concern. To address this, it is suggested that rooflights incorporate
frosted/opaque glazing (to the master bedroom, and ensuite of Bedroom 3 is
used to reduce the interaction and to protect existing residential amenity and this
is a conditional requirement.

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42 In terms of the impact on light entering the neighbours window the change in the
roof arrangement will result in a breach of the 25degree rule, the measurement
which is typically used for the base line for measuring the impact on light entering
a window. The amendment to negate any overhang to the vennel has increased
this breach. The breach is however minor, and bearing in mind the existing
situation and the relationship with the existing workshop is considered
acceptable. 
43 In terms of being able to provide a suitable residential amenity, it is noted that a
number of the representations raise concerns about the build to plot ratio, and
also the level of usable residential amenity space. It is the case that when
considering the principal part of the site, the built ratio is high at around 35% of
the plot, and this excludes the parking ad turning area at the south of the
property. The acceptability of a high built ratio does however need to be weight
up against both the type of development proposed, and also the level of usable
amenity space which can be provided. 
44 In terms of the former, the proposal is for a renovation, conversion and alteration
of an existing building and not a new building. The applicant as opted to retain
some of the original fabric of the building and by doing so this has heavily
influenced the level of usable amenity space, and also the build ratio. Excluding
the area to the front of the property, upon completion there would be two distinct
linear areas of amenity space – to the west an area of around 6m x 15m and to
the north another area of around 9m x 3m with some overlapping between the
two. Around 115sqm would be readily available to future occupiers of the site and
considering the fairly regular shape and the lack of neighbouring interaction to
the north and west, this is considered acceptable in the context of what is
proposed. 
Core Path / Right of Way 
45 Within the representations concerns have been raised over the impact that the
development would have on access along the narrow vennel which is located
immediately to the east of the site. The route of the vennel is not a formal core
path or a right of way, and any access restrictions across or along its route is
matter for the individuals involved to resolved. To address some of the concerns
raised regarding this, the applicant has nevertheless amended the design of the
eaves to ensure that there is no overhang to the vennel via gutters or the roof
itself. With the likely need for scaffold on the eastern elevation at some point
during the construction, there will be some inevitably be some disruption to the
passage of the vennel but it is not within the planning remit to control and monitor
what is essentially a private matter. 
Roads and Access  
46 This proposal raises no issues in terms of the vehicular access or parking related
matters – which are all as existing. It is noted that a number of the representation

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raises access and parking related concerns, however Transport and
Development have no issues with the proposed arrangements for both. 
Trees 
47 There are trees to the west of the site, however these trees are not affected by
the proposal and suitable protection measures can be implemented to ensure
that no unnecessary damage occurs. 
Impact on Biodiversity  
48 A bat survey has been undertaken. Subject to the recommended mitigation and
enhancement measures being followed and then implemented, there are no
concerns in relation to bio-diversity matters and the requirements of the relevant
bio-diversity policies of the Development Plan are being met. 
Impact in Listed Buildings 
49 There are some listed buildings within the area, however this site is either listed
or within the setting of those listed properties. 
Water Supply 
50 The applicant has indicated that they proposed to connect to a public water
supply. In the event that this is not possible, and a connection to a private water
supply is advanced, the applicant will need to comply with all the relevant private
water legislation and ensure that they have the necessary legal rights to take an
extra connection. The grant of a planning permission does not supersede any
title or land burdens. 
Drainage and Flooding  
51 The proposal raises no issues in terms flooding issues. 
52 In terms of drainage matters, the applicant has indicated that there is agreement
in place to connect foul drainage to an existing system which is already installed
and servicing the property to the south. Subject to the necessary agreement from
Building Standards, and SEPA the principle of this raises no concerns. 
Developer Contributions  
53 The proposal has no requirement for any Developer Contributions or Affordable
Housing provision. 
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
54 None.

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CONCLUSION AND REASONS FOR RECOMMENDATION 
55 To conclude, the application must be determined in accordance with the 
Development Plan unless material considerations indicate otherwise. In this
respect, the proposal is considered to comply with NPF4, the adopted Local
Development Plan 2 (2019) and statutory SPG. Account has been taken account
of the relevant material considerations and none has been found that would
justify overriding the Development Plan. 
56 Accordingly the proposal is recommended for approval subject to the following
conditions. 
RECOMMENDATION 
Approve the application, subject to the following conditions, 
1. The development hereby approved must be carried out in accordance with the
approved drawings and documents, unless otherwise provided for by conditions
imposed by this decision notice. 
Reason - To ensure the development is carried out in accordance with the
approved drawings and documents. 
2 This planning permission will last only for three years from the date of this
decision notice, unless the development has been lawfully started within that
period. 
Reason - This is a Planning Permission in terms of Section 58 of the Town and
Country Planning (Scotland) Act 1997, as amended by Section 32 of the
Planning (Scotland) Act 2019 
3. Prior to the commencement of the development hereby approved, an evaluation
for the potential of the site to be affected by contamination by a previous use,
which includes as a minimum, a Preliminary Risk Assessment (Phase 1 Desk
Study) shall be submitted to and approved in writing 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 approved by the Council as Planning Authority.

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Verification that the scheme has been fully implemented must be submitted to
and approved in writing by the Council as Planning Authority. 
Reason - In order to ensure the site is fit for the residential use proposed. 
4. The mitigation and recommendations contained in the Bat and nesting bird
survey, approved as Plan no 17 shall be implemented in full during the
construction phase and on completion of the development.  For the avoidance of
doubt, a minimal of 2 bird nesting boxes shall be installed within the curtilage of
the site, and shall be sited and installed in line with the guidance of the Scottish
Wildlife Trust. 
Reason - In order to ensure that all bio-diversity interests are suitability
addressed. 
5. The rooflights on the east elevation serving the master bedroom and en-suite of
Bedroom 3 shall either be frosted, obscure or opaque glass in perpetuity. 
Reason - In order to protect existing residential amenity. 
JUSTIFICATION 
The proposal is in accordance with the Development Plan and there are no
material reasons which justify departing from the Development Plan. 
PROCEDURAL NOTES 
None. 
INFORMATIVES 
1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as
amended) the person undertaking the development is required to give the
Planning Authority prior written notification of the date on which it is intended to
commence the development.  A failure to comply with this statutory requirement
would constitute a breach of planning control under Section 123(1) of that Act,
which may result in enforcement action being taken.  Please use the form
attached herewith. 
2. As soon as practicable after the development is complete, the person who
completes the development is obliged by Section 27B of the Town and Country
Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written
notice of that position.  Please use the form attached herewith. 
Background Papers:  12 letters of representation
Date: 28 March 2024

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DAVID LITTLEJOHN
STRATEGIC LEAD – ECONOMY, DEVELOPMENT & PLANNING