24/00866/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. 24/250) 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