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24/00866/Fll

Perth and Kinross Council · 11 September 2024
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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. 24/250) 
PROPOSAL: S42 application to delete condition 3 (temporary period) of
permission 22/00803/FLL 
LOCATION: Tatha View, 4 Braes of Taymouth, Kenmore, Aberfeldy, PH15
2HQ 
Ref. No: 24/00866/FLL
Ward No: P4- Highland 
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 is ‘Tatha View’ at 4 Braes of Taymouth, Kenmore. It is a four
bed detached dwellinghouse sited in a small development of 8 similar style
properties built in the 1980s. The wider development is accessed via the A827, at
its junction with the south shore road of Loch Tay. The application site contains a
small parking area to the site frontage. 
2. A proposal (22/00803/FLL) for change of use of the dwellinghouse to a holiday
accommodation unit was approved by Planning and Placemaking Committee
on 10th August 2022.  That permission was granted for a temporary period of
two years. A subsequent appeal was made to the Department of Planning and
Environmental Appeals (DPEA) by the applicant to alter the wording of
condition 2 (register of occupiers).  The appeal was allowed and the condition
revised to only require a register to be kept when the property is occupied as a
short-term let.   
3. The house has 4 bedrooms and could accommodate a maximum of 8 people.
The owners currently live abroad and the planning permission for change of
use to short-term let allows them to let out the property for short term lets with
occasional personal use by family members.

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4. This current application has been submitted under Section 42 of the 1997
Planning Act and seeks to remove condition 3 that states that “The application
is granted for a temporary period of two years.  Reason – To allow embedding
of new licensing laws regarding Short Term Lets and in turn aid understanding
of volumes of Short Term Lets and impact within the area”.   
5. Supporting information submitted also requests that clarity is provided on the
first sentence of condition 2 which states that “The use hereby approved shall
be limited to holiday accommodation to the satisfaction of the Council as
Planning Authority” as the applicant and other family members use the
property on occasion. The applicant also seeks confirmation as to whether the
second part of the condition that requires the maintenance of a register of
occupiers of the property is still required.   
6. In addition, condition 4 of the permission (22/00803/FLL) required provision of a
Noise Management Plan.  The applicant has asked that this requirement be
reviewed and potentially removed. 
SITE HISTORY 
7. 19/01623/FLL Full Planning Permission was Approved On 15 November 2019 for
Alterations and extension to dwellinghouse and alterations to raised decking area 
22/00803/FLL Full Planning Permission was Approved On 19 August 2022 for
Change of use from dwellinghouse to holiday accommodation unit 
ENVIRONMENTAL IMPACT ASSESSMENT 
8. The proposal is not EIA development. 
PRE-APPLICATION CONSULTATION 
9. Pre application Reference: Advice given as to type of application to submit.  
10. 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 
11. 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.

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National Planning Framework 4 
12. 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. 
13. The Council’s assessment of this application has considered the following
policies of NPF4 : 
• Policy 14: Design, Quality and Place
• Policy 30: Tourism 
Perth and Kinross Local Development Plan 2019 
14. 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. 
15. The principal relevant policies are, in summary; 
- Policy 1A: Placemaking
- Policy 1B: Placemaking
- Policy 8: Rural business and diversification
- Policy 56: Noise Pollution
- Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals 
Statutory Supplementary Guidance 
• Supplementary Guidance - Placemaking (adopted in 2020) 
PKC NON STATUTORY GUIDANCE 
• Planning Guidance - Change of Use of Residential Property to Short-term Let 
NATIONAL GUIDANCE 
16. 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.

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Planning Advice Notes 
17. The following Scottish Government Planning Advice Notes (PANs) and Guidance
Documents are of relevance to the proposal: 
• PAN 40 Development Management 
CONSULTATIONS 
18. As part of the planning application process the following bodies were consulted: 
External 
19. Kenmore Community Council - Object due to loss of residential
accommodation. 
Internal 
20. Environmental Health (Noise Odour) - No objection. Notes that the applicant
holds a short-term let licence and must adhere to the conditions set out within the
licence. 
21. Communities Housing Strategy - Refers to consideration 6 of PKC’s non-
statutory planning guidance which pertains to the potential loss of residential
accommodation and whether the change of use will be outweighed by the benefit
to the local economy. Notes that The Local Housing Strategy 2022-27 includes
an action to develop planning policy through the Local Development Plan 3
where appropriate for STL Control Areas. 
22. The property to which this application refers, falls within the area that has been
consulted on as a potential short-term let control area, where the number of
short-term lets may be impacting on the availability of appropriate housing for
local residents. 
Representations 
23. 4 representations were received. Three, including the Community Council, object
to the proposals.  One general comment was made. The main issues raised
within the representations are: 
• Object to all applications for conversion from residential use.
• Excessive number of holiday homes and short term lets in the area that
outnumber permanent residences. 
• Shortage of houses for workers in the area.  Makes it difficult for businesses
to attract staff. LDP recognises requirement for housing for local and key
workers in the area.

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• Noise – wish to see condition 4, requirement for Noise Management Plan,
retained. 
24. These issues 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
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 
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 non
statutory supplementary guidance, namely: 
• Planning Guidance - Change of Use of Residential Property to Short-term Let 
Principle 
27. The principle of the use as a short-term let was supported through the earlier
permission.  This was granted by Members for a temporary period in order to
allow embedding of new licensing laws regarding Short Term Lets and in turn aid
understanding of volumes of Short Term Lets and impact within the area.  In
addition since the planning permission was granted for a temporary period, NPF4
was approved in February 2023 and the Council has also adopted non statutory
planning guidance on short-term lets. 
28. The primary policy in this instance is contained within NPF4.  Policy 30 ( e):
Tourism is relevant as there are no specific policies relating to Short-Term Let
accommodation in the Development Plan.  LDP2 Placemaking Policy 1A also
has relevance for a proposal of this nature. Both policies seek to ensure that
new developments do not have an adverse impact on the area in which they are
located. The proposal was also previously considered to accord with

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placemaking policies and with Policy 8, Rural Business and Diversification,
which supports the provision of visitor accommodation or where a proposal
involves the reuse of an existing building.  There have not been any changes
since the proposal was approved in terms of the Local Development Plan.  This
application is for the removal of condition 3 from the permission allowing the use
on a permanent rather than temporary basis.   
29. NPF4 Policy 30(e): Tourism states that development proposals for the reuse of
existing buildings for short term holiday letting will not be supported where the
proposal will result in: 
i. An unacceptable impact on local amenity or the character of  a
neighbourhood or area; or
ii. The loss of residential accommodation where such loss is not outweighed
by demonstrable local economic benefits. 
30. In respect of criterion (i) of NPF4 Policy 30(e), the property has been operating as
a short-term let with no recorded amenity issues.  It was previously acknowledged
that there is a mix of residential and tourism uses in the area and that this
proposal only relates to one house.  The applicant does not wish to rent out the
property for parties or large noisy groups of people and it does not have a hot tub
to reduce potential for local disturbance.  The use will ensure the house is not left
empty when family are not there and visitors staying will contribute to the local
economy.  The applicant has asked that the requirement for the Noise
Management Plan be removed.  However, due to the size of the property and
concerns expressed by local residents in representations to this application it is
considered appropriate to retain the requirement for the Noise Management Plan. 
This will complement the conditions set out in the parallel short-term let licence.  It
was also previously considered to be appropriate by the appointed Reporter from
the Department of Planning and Environmental Appeals (DPEA), at the time of
the previous appeal. 
31.  With regard to criterion ii) the property received planning permission for use as
a short-term let in August 2022 and was subject to commercial rates as a self-
catering unit prior to that.  At that time the property was lost as permanent
residential accommodation.  There has been some concern expressed,
notably by the Community Council, that there is already an excessive amount
of holiday accommodation in the area and there is insufficient residential
accommodation for staff employed in businesses in the area.  Criterion ii) does
not support a change of use to short-term let where the loss of residential
accommodation is not outweighed by demonstrable local economic benefits. 
32. The council adopted non-statutory planning guidance for the Change of Use of
Residential Property to Short-Term Let on 1st November 2023 to further aid
implementation of policy 30 of NPF4 in Perth and Kinross. Consideration 6 of the
Guidance refers to the potential loss of residential accommodation and whether
the change of use will be outweighed by the benefit to the local economy.  With
regard to this the Local Housing Strategy 2022-27 includes an action to develop

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planning policy through the Local Development Plan 3 where appropriate for STL
Control Areas.  The property to which this application refers, falls within the area
that has been consulted on as a potential short-term let control area, where the
number of short-term lets may be impacting on the availability of appropriate
housing for local residents.  However, no short-term let control areas have, as
yet, been introduced.  At the meeting of the Economy and Infrastructure
Committee on 28 August 2024, a proposal to establish a Short Term Let control
area was voted against.  However, it remains a possibility that it could be
revisited in the future and considered through the Local Development Plan 3. The
proposal is for the continued change of use of one residential property which
would otherwise be mainly unoccupied and not contributing to the local economy. 
Use as a short-term let will contribute to the local economy and is in an area
largely dependent on tourism.  Continued use of the property for short term let
purposes does not therefore raise any economic concerns sufficient to refuse the
application.   
33. The proposal accords in principle with NPF4 Policy 30(e): Tourism, and LDP2
Policy 1A: Placemaking. 
Design and Layout 
34. The property is of a split level style and comprises 2 bedrooms at entrance level
with a further 2 bedrooms up a short flight of stairs. The lower level contains a
large open plan kitchen, living and dining space, as well as a separate utility room
and a separate lounge extension. The application is for the continued change of
use on a permanent basis, beyond the previous temporary permission approved. 
No changes to the appearance of the building is required. As there are no physical
changes proposed there will be no impact on the character and appearance of the
area as a result of this change of use. 
Landscape and visual amenity 
35. There are no concerns regarding landscape or visual amenity arising from the
proposed change of use. 
Residential Amenity 
36. NPF4 Policy 14: Design, Quality and Place and LDP2 Policy 1A: Placemaking
supports proposals, including a mix of uses, which are compatible with the
amenity and character of the surrounding area, and consistent with the six
qualities of successful places. Policy 56, Noise Pollution, does not support the
siting of activities that generate high levels of noise alongside noise sensitive
uses.  It is acknowledged that short term lets can result in additional levels of
disturbance and noise concerns, and that the primary avenue to regulate such
matters is via the separate licensing regime. 
37. There is the potential for noise from the users of the properties to affect
neighbouring residential properties. The introduction of Civic Government

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(Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 requires these to
licensed and noise conditions will form part of the licence. 
38. An appeal decision from the DPEA elsewhere in Perth and Kinross at Birnam
(ref: PPA-340-2155), stated that management guidelines cannot be relied upon
as a means to restrict or control the potential adverse impacts on neighbouring
properties and harm to amenity. The site characteristics such as location,
density and also letting policy of the owner means that disturbance to
neighbours is unlikely to adversely impact community and character of the area. 
There is also an existing Noise Management Plan (NMP) which will be retained
as an associated document to this permission (condition 3) to give additional
protection to local residents and to further safeguard residential amenity. 
39. Subject to conditional control the proposal accords with the NPF4 Policy 14(c):
Design, Quality and Place and LDP2 Policies 1A: Placemaking and 56, Noise
Pollution, in respect of residential amenity. 
Roads and Access 
40. The property has appropriate vehicular access and car parking. The existing
access and parking arrangements are not being altered.  Two off-street parking
spaces are available plus a garage that can also be utilised for parking.  No
concerns have been raised with regard to roads and access matters. 
Drainage and Flooding 
41. There are no matters of concern with regard to drainage and flooding from the
proposal. 
Waste Collection 
42. There are no concerns regarding waste collection arising from the proposed
development. The applicant ensures waste and recycling arrangements are in
place for the holiday let. 
Conservation Considerations 
43. There are no conservation considerations arising from the proposed
development. The site is not within a Conservation Area and is not a listed
building. 
Natural Heritage and Biodiversity 
44. There are no natural heritage or biodiversity concerns arising from the proposed
development.

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Developer Contributions 
45. The proposal does not trigger a requirement for any developer contributions. 
Economic Impact 
46. There will be some positive economic impact from the proposal as it will enable
the dwellinghouse to be utilised for holiday lets rather than being left empty for
long periods of time. Users will be able to support local businesses whilst staying
at the property. 
VARIATION OF APPLICATION UNDER SECTION 32A 
47. This application was not varied prior to determination. 
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
48. None required. 
DIRECTION BY SCOTTISH MINISTERS 
49. Under the Town and Country Planning (Development Management Procedure)
(Scotland) Regulations 2013, regulations 30 – 33 there have been no directions
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 
50. 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, subject to the following conditions: 
Conditions and Reasons for Recommendation 
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.

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2. The use hereby approved shall be limited to holiday accommodation to the
satisfaction of the council as planning authority. The owner of the property shall,
for periods when the property is occupied as a short term let, maintain an up-to-
date register of the name and address of a main occupier or principal contact for
each party staying in the property, the size of the party (number of guests), and
the length of stay, and shall make this information available at all reasonable
times to the Planning Authority. 
Reason - In order to clarify the terms of the permission; to control and restrict the
use of the building in the interests of safeguarding the residential amenity of
neighbouring properties. 
3. The short-term let shall be operated in accordance with the agreed noise
management plan (22/00803/05) which shall be implemented for the life of the
development. 
Reason - In order to safeguard the neighbouring residential amenity in the area. 
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  
Background Papers:  4 letters of representation
Contact Officer:  Persephone Beer  
Date:  30 August 2024 
DAVID LITTLEJOHN
STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING