23/01453/Fll
Perth and Kinross Council · 11 September 2024
Back to Planning and Placemaking Committee — 11 September 2024 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee – 11 September 2024 Report of Handling by Strategic Lead: Economy, Development and Planning (Report No. 24/248) PROPOSAL: Change of use of agricultural land to form dog training park (in retrospect) LOCATION: Land North West Of Elisdon, Stanley, Perth, PH1 4PP Ref. No: 23/01453/FLL Ward No: P5- Strathtay Summary This report recommends approval of the application 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 The application site lies out with a settlement boundary to the north of Luncarty. The dog training area is contained within a small triangular site with a dwelling and wider woodland to the southeast, railway to the west and agricultural land to the north. 2 The site is accessed via an established track and a parking hardstanding area exists which has been previously used by the land owner for vehicles and farm storage. The dog park has been fenced off from the field which lies to the north and an indicative core path lies to the east out with the site. The site is not for hire for dog walking etc but instead used mainly for agility and training either one to one or as part of a small group (4 dogs). The site is permanently staffed during operational hours by the applicant/other staff member. 3 The applicant has confirmed that the business has been operated for 8 years from the site. The site was the subject of an enforcement enquiry as the result of a complaint received in 2023. The applicant was invited to submit an application to regularise the development. The determination of the application has been delayed due to the requirement of a Noise Impact Assessment which has now been submitted. SITE HISTORY 4 No recent site history
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PRE-APPLICATION CONSULTATION 5 Pre application Reference: Various discussions with the Planning Enforcement Team prior to submission. 6 The proposed development is not classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was not required to undertake not any formal pre-application consultation with the local community. DEVELOPMENT PLAN 7 The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance. 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. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 9 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 3: Biodiversity • Policy 5: Soils • Policy 6: Forestry, Woodland and Trees • Policy 13: Sustainable Transport • Policy 29: Rural Development Perth and Kinross Local Development Plan 2019 10 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. 11 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 8: Rural Business and Diversification
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• Policy 15: Public Access • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 50: Prime Agricultural Land • Policy 55: Nuisance from Artificial Light and Light Pollution • Policy 56: Noise Pollution • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 12 • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Placemaking (adopted in 2020) PKC NON STATUTORY GUIDANCE 13 • Planning Guidance - Planning & Biodiversity NATIONAL GUIDANCE 14 The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 15 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 75 Planning for Transport National Roads Development Guide 2014 16 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. CONSULTATIONS 17 As part of the planning application process the following bodies were consulted:
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External 18 No external consultations required Internal 19 Environmental Health (Noise Odour) - No objection, Noise Impact Assessment requested and submitted, conditions have been recommended in relation to the operation of the facility and noise. 20 Transportation and Development - No objection, the access track and parking area exists. 21 Development Contributions Officer - No developer contributions required. REPRESENTATIONS 22 96 representations were received. 42 objections and 54 in support. The main issues raised within the representations are: Objection • Adverse effect on visual amenity • Loss of privacy • Littering • Contrary to development plan policy • Inappropriate land use • Lack or loss of car parking • Loss of open space • Concern over loss of public right to roam • Noise pollution • Out of character with the area • Over intensive development • Overlooking • Road safety concerns • Impact on biodiversity • Effect on tree protection zone, and loss of trees • Air pollution Support • Only used when training is taking place, and the applicants are present to ensure disruption is kept to a minimum. • Is not a dog park for general public use. • Classes are small groups or 1-2-1 and well managed to minimise noise and vehicles
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• Diversification of the land to dog training means the land can be utilised, as it wasn’t used for agricultural due to the proximity to the railway. • Employment provision • Support economic development • Enhances character of area • The park has been established for 6 years • Results in environmental improvements 23 A number of additional issues were raised that are not material planning considerations. These included no toilet facilities, safety concerns from dog behaviour, promotion of responsible dog ownership, devaluation of property, dog training good for mental health. 24 The material planning considerations are addressed in the Appraisal section of the report. ADDITIONAL STATEMENTS 25 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations AA not required Design Statement or Design and Access Statement Not required Report on Impact or Potential Impact eg Flood Risk Assessment Submitted - Noise Impact Assessment 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 Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 27 The proposal is for the establishment of a rural business (in retrospect). Policy 8 Rural Business and Diversification of LDP2 and Policy 29 Rural Development of NPF4 are the most applicable policies.
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28 Policy 29 of Rural Development of NPF4 seeks to encourage rural economic activity, innovation and diversifcation. The policy supports rural land use businesses where the use of good quality land is minimised. Overall development should be suitably scaled, sited and designed to be in keeping with the character of the area. Developments should also consider how they contribute towards local living and take into account the transport needs of the development as appropriate to the rural location. 29 The land is not prime agricultural land and has no built development only fencing is in place to enclose the site and moveable structures for dog agility within. The site can be easily accessed and due to the small scale would not have significant traffic generation. 30 Policy 8 Rural Business and Diversification of LDP2 states that the Council is supportive of the creation of new businesses in rural areas provided that they will contribute to the local economy through the provision of permanent employment, involve visitor accommodation, or create additional tourism or recreational facilities, or involves the re-use of existing buildings. The policy also identifies a set criterion which all proposals are expected to meet. This includes that the proposal contribute to the local economy, would not result in suburbanisation and encourage unsustainable travel patterns, wouldn’t detrimentally impact residential amenity, can be accommodated within the landscape capacity, meets a need and that the local road network can accommodate the development. 31 The business has operated from the site for a number of years and is at a scale which is compatible with the siting. Policy 8 includes a number of other detailed policy consideration which are covered within subsequent sections of the report. 32 Policy 8 is supported by Policy 29 (Rural Development) of NPF4 which has similar aims. The general principle of a dog training park is considered to be compatible with policy 8 of LDP2 and 29 of NPF4 given the difficulties there can be in identifying sites within settlements. Design and Layout 33 The site has been contained by 2.4m deer fencing and features a number of moveable structures within associated with dog training/agility. 34 The presence of a deer fence in a rural location is not out of character. As such, the proposal accords with NPF4 Policy: Design, quality and place and LDP Policies 1A and 1B: Placemaking and the applicable criteria of Policy 8 Rural Business and Diversification of LDP2. Residential Amenity 35 There is one dwelling located to the south of the application site with the railway lying to the west.
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36 The proposed operating hours are 08:00 – 21:00hrs with a 15 minute setup/closedown period prior/after (if required). There is no lighting on site and no intention to add any therefore the hours of operation will be subject to natural daylight provision. 37 Unlike other dog park facilities, this site is not for hire for dog walking etc but instead used mainly for agility and training either one to one or as part of a small group (4 dogs). The site is permanently staffed by the applicant/other staff member during operational hours. Whilst the business offers group training classes i.e. puppy classes etc and agility shows, these are carried out at other facilities. 38 Given the nature of the development, there is the potential for residential amenity to be affected and the Environmental Health Officer has confirmed that a noise complaint was received from a neighbouring property. Whilst, the complaint investigation failed to gather sufficient evidence, the applicant was asked to submit a Noise Impact Assessment (NIA) with the application. The Noise Impact Assessment was carried out for the day-time period (07:00 – 23:00) and assessed against BS4142:2014, BS8233:2014 and WHO noise standards. Measurements were undertaken on 7 June 2024 between 10:00 – 19:00 with 4 dogs present on site along with background measurements. The lowest background measurement with no trains and low traffic noise has been taken to be 42 dB LA90,15min. 39 Due to there being no dog barks recorded during the measurement period, LAFmax levels have been taken from a previous assessment carried out by the noise consultant. 40 To account for the intermittent nature of dog barks/raised voices of handler, a +3dB penalty has been added to the specific sound level, using the highest LAeq over the monitoring period, at the nearest residential property. 41 The Rating Level at the nearest property approximately 85m away, has been calculated as 18dBLAeq, 1 hour, which is 24dB below the background level. The LAFmax has been calculated as 37dB which is below the night-time criteria of 45dBLAFmax. The highest LAeq, 15min measured within the dog park area whilst 4 dogs and handlers were present was 58.1dB, when calculated over the day-time period of 07:00 – 23:00, the WHO community guidelines of LAeq, 16 hrs 50-55dB for outdoor living areas would comfortably be met. 42 Environmental Health (EH) have recommended that the applicant submits a Noise Management Plan (NMP) which should outline how noise from the site from barking dogs, vehicle movements and patrons will be controlled. The NMP should include a complaints procedure with the named person who would deal with complaints and their contact details. This has been submitted in advance of being added as a condition and has been agreed by EH so will now form part of the approved plans (plan no 03).
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43 A condition controlling the hours in which any maintenance works, such as grass cutting, can be undertaken at the site is also recommended (Condition 6). Additional conditions limiting the number of dogs, noise and waste. (Conditions 2, 3, 4 & 5) 44 This element of the proposal is therefore acceptable in terms of residential amenity, and accords with NPF4 Policy 14: Design, quality and place and LDP2 Placemaking Policies 1A and 1B and the applicable criteria of Policy 8 Rural Business and Diversification. Roads and Access 45 The site is accessed via an existing track from the B9099, approximately 400 metres north of the settlement boundary of Luncarty. The access track forms part of the core path network with maps showing the core path running between the site and the property to the south. It would appear that the core path runs through an area currently being utilised as garden ground and it is no longer accessible with an informal diversion being utilised around the dog park reconnecting to the north. 46 Community Greenspace have confirmed that this core path was included in the Perth & Kinross Core Path Plan as an indicative route, with the intention of realigning it if and when the Stanley-Luncarty Active Travel Route (ATR) is constructed (project led by PKCT). At present they have not taken any enforcement action on obstructions along this route while negotiations with relevant landowners are ongoing. 47 If the ATR is not realised, then Community Greenspace would likely look to ensure access can be taken along the mapped route of the core path. They advise that as the core path has been asserted as per the dashed line on the map, access rights do extend along it (even if it is being used as private amenity space) in this case a core path diversion order would be required. This is not relevant to the application site as it does not block the core path but it does flag whether the private amenity space impacted and noted within the letters of representation has been subject to an unauthorised change of use. 48 There is an area which has been used for parking/storage off the track beside the field which can accommodate the parking and turning. 49 Policy 13 of NPF4 places great weight on the need to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. In this instance however these types of use tend to be within rural locations. 50 While there is some scope for patrons to travel to the site via public transport, this is unlikely to happen, given the site context and as dogs may be unable to access public transport either for commercial or behavioural concerns. It is likely that patrons will travel by car. Furthermore, the development provides a site-
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specific resource which cannot be satisfactorily achieved within existing settlements either by lack of provision or absence of safe enclosed spaces to enable off-lead activities. 51 As such, the proposal accords with NPF4 Policy 13: Sustainable transport and LDP Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals. Drainage and Flooding 52 The site is not identified to be at flood risk from either river or surface water flooding. The site is permeable given its grassed and the track and rough parking area exist. 53 There is no foul drainage required on site. 54 The proposal is therefore considered to accord with policies 52 and 53C of LDP2 and policy 22 of NPF4. Natural Heritage and Biodiversity 55 The site is small scale and contained by fencing. There are trees to the east of the site, but none within the application site. Whilst there will be wildlife in the wider area the small site and nature of proposal with no built development is not considered to have any detrimental impact on protected species and therefore the submission of an ecological survey was not considered necessary. Developer Contributions 56 No developer contributions required. Economic Impact 57 There will be some economic benefit associated with the proposal. VARIATION OF APPLICATION UNDER SECTION 32A 58 This application was not varied prior to determination. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 59 None required. DIRECTION BY SCOTTISH MINISTERS 60 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions
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by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application. CONCLUSION AND REASONS FOR RECOMMENDATION 61 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, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly the proposal is recommended for approval subject to the following conditions. RECOMMENDATION Approve the application subject to the following conditions: Conditions and Reasons for Recommendation 1. The hours of operations shall be restricted to 0800 hours to 2100 hours daily, excluding a 15min set up and close down period. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 2. The maximum number of dogs at the park at any given time shall be 4. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 3. The Noise Management Plan agreed (plan ref 03) shall be reviewed on a regular basis, following receipt of a justified complaint or at the request of the planning authority. The Noise Management Plan as approved, shall be fully implemented for the lifetime of the development. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 4. In the event, that justified complaints for noise are received by the Council, the applicant at their own expense, shall employ a consultant to carry out an assessment of noise from the development, with the appointment and methodology to approved in writing by the Planning Authority. Thereafter recommendations/mitigation measures along with timescales for implementation will be incorporated into a revised Noise Management Plan (NMP) and submitted to the Planning Authority within 28 days of the assessment. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality.
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5. Dog waste associated with the use hereby approved shall be properly deposed of, binned, and removed from the site for as long as the dog training area use operates. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 6. Servicing or maintenance at the site shall be carried out between 0800 and 1900 Monday to Friday only. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 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 required INFORMATIVES 1. Records indicate that at least part of the proposed development site lies within a radon affected area where the measurement/monitoring of radon gas and the installation of mitigation measures may be required. Further information on radon gas and the associated reports that can be obtained is available at www.ukradon.org and at http://shop.bgs.ac.uk/georeports/. Background Papers: 96 letters of representation Contact Officer: Joanne Ferguson Date: 30th August 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING