24/00279/Fll
Perth and Kinross Council · 9 October 2024
Back to Planning and Placemaking Committee — 9 October 2024 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee – 9 October 2024 Report of Handling by Strategic Lead: Economy, Development and Planning (Report No. 24/280) PROPOSAL: Change of use and alterations to residential outdoor centre to form 8 serviced apartments (optional short-term let apartments), erection of storage buildings, formation of vehicular access, parking areas, paths, steps, and associated works LOCATION: Dunolly, Taybridge Drive, Aberfeldy, PH15 2BP Ref. No: 24/00279/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 Planning permission is sought for change of use, alterations to residential outdoor centre to form 8 serviced apartments (optional short-term let apartments), erection of storage buildings, formation of vehicular access, parking areas, paths, steps ad associated works at Dunolly House, Aberfeldy. The property occupies a corner position with elevations fronting both Taybridge Road and Kenmore Road in the Aberfeldy Conservation Area. Dunolly House is grade C listed with the listing including Dunolly Cottage, boundary walls, gatepiers, railings and gates. Its most recent use was as an outdoor recreation centre. The cottage to the north was previously associated with Dunolly House and the outdoor centre but is now in separate ownership. 2 Planning permission was approved for conversion into 5 flats in February 2022 following the signing of a section 75 legal agreement in respect of affordable housing provision. That permission remains live until late February 2025. 3 This application proposes alterations to the building to form 8 serviced apartments comprising of seven 2-bed apartments and one 1-bed apartment. The apartments are principally targeted to visitors to the area. The supporting statement suggests that cleaning services and onsite management will be provided to receive guests on arrival with staff present on site during standard office hours.
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4 Access differs from the previous approval with a new vehicular access proposed from Kenmore Street. The existing access from Taybridge Road will be utilised for disabled parking and bicycles. 5 There is a related application for Listed Building Consent (24/00304/LBC) which will be determined under delegated powers. SITE HISTORY 6 00/01426/FUL Full Planning Permission was approved on 18 October 2000 for Erection of high ropes course at 7 03/00561/FUL Full Planning Permission was approved on 28 May 2003 for Erection of a wooden shed with a concrete floor base 8 87/00377/FUL Full Planning Permission was approved on 7 May 1987 for alterations 9 94/00333/FUL Full Planning Permission was approved on 14 April 1994 for change of use from guesthouse to licenced guest house 10 03/02183/FUL Full Planning Permission was approved on 12 February 2004 for alterations to window to form french doors 11 17/00018/LBC Listed Building Consent application was withdrawn on 22 February 2017 for alterations and extension to building 12 17/00019/FLL Full Planning Permission application was withdrawn on 22 February 2017 for change of use, alterations and extension to outdoor centre to form 5no flats, formation of parking and associated works 13 17/00625/LBC Listed Building Consent application was withdrawn on 17 September 2018 for alterations and extension to building 14 17/00626/FLL Full Planning Permission application was withdrawn on 17 September 2018 for change of use, alterations and extension to outdoor centre to form 5no. flats, formation of parking and associated works 15 19/00003/LBC Listed Building Consent was approved on 1 March 2019 for alterations and extension to building 16 19/00005/FLL Full Planning Permission was approved on 21 February 2022 for change of use, alterations and extension to outdoor centre to form 5no. flats, formation of parking and associated works 17 23/02127/FLL Full Planning Permission Application returned on 29 January 2024 for change of use, alterations and extension to outdoor centre to form 5 flats, formation of parking and associated works
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18 24/00304/LBC Listed Building Consent - pending for alterations to residential outdoor centre to form 8 serviced apartments (optional short-term let apartments) ENVIRONMENTAL IMPACT ASSESSMENT 19 The proposal is not EIA development. PRE-APPLICATION CONSULTATION 20 Pre application Reference: None. 21 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 22 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 23 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 peoples lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 24 The Council’s assessment of this application has considered the following policies of NPF4 : • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 22: Flood Risk and Water Management • Policy 30: Tourism Perth and Kinross Local Development Plan 2019 25 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
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economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 26 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 15: Public Access • Policy 17: Residential Areas • Policy 27A: Listed Buildings • Policy 28A: Conservation Areas - New Development • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 47: River Tay Catchment Area • Policy 52: New Development and Flooding • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 56: Noise Pollution • Policy 58B: Contaminated and Unstable Land: Unstable Land • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 27 • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) PKC NON STATUTORY GUIDANCE 28 • Planning Guidance - Planning & Biodiversity • Conservation areas NATIONAL GUIDANCE 29 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 30 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements • PAN 69 Planning and Building standards Advice on Flooding • PAN 75 Planning for Transport • PAN 77 Designing Safer Places Creating Places 2013 31 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 32 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 33 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 34 As part of the planning application process the following bodies were consulted: External 35 Aberfeldy Community Council - Object due to over-development of the site and the over-provision of holiday accommodation in the area when additional housing stock is required. Also raise concerns over associated noise and traffic considerations 36 Perth and Kinross Heritage Trust - Standing building survey required prior to commencement of development.
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37 Scottish Water - No objection. Capacity for water supply and waste water treatment. Internal 38 Structures and Flooding - No objection. 39 Transportation and Development - Condition requested with regard to visibility splays and street lighting. 40 Commercial Waste Team - Proposed bin stores are sufficient. 41 Environmental Health (Noise Odour) - As the development is for a holiday accommodation units, there is the potential for noise from the users of the properties to affect neighbouring residential properties, however due to the introduction of Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022, these will be required to be licensed and noise conditions will form part of the licence. Informative note requested. 42 Development Contributions Officer - No comments to make on this proposal in terms of the Developer Contributions and Affordable Housing Supplementary Guidance. 43 Biodiversity/Tree Officer - No objection following provision of further information required with regard to trees, and subject to conditions. REPRESENTATIONS 44 2 representations were received including one from the Community Council. 45 The main issues raised within the representations are: • Over development of the site – 8 units is too many in comparison to previous approval of 5 residential units/flats • No requirement for additional holiday/short-term lets in the area • Potential noise and traffic issues • Design – black timber cladding is not appropriate • Bin/bike store is visually intrusive • Work is already underway – this is not a material consideration. It is understood that some remedial work to make the building wind and watertight was undertaken. 46 These issues, with the exception of the last bullet point, are addressed in the Appraisal section of the report.
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ADDITIONAL STATEMENTS 47 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 Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Bat survey and tree survey submitted APPRAISAL 48 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. 49 In this instance, section 14(2) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such an application as this to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Section 64(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 is relevant and requires planning authorities to pay special attention to the desirability of preserving or enhancing the character or appearance of the designated conservation area. Principle 50 The proposal relates to a listed building within the Aberfeldy Conservation Area. Policy 7: Historic Assets and Places of NPF4 and 27A: Listed Buildings of the Local Development Plan seeks to ensure that any proposal that affects a listed building or its setting should be appropriate to its character, appearance and setting. Policy 28A (conservation areas) of the LDP requires development in a Conservation Area to preserve or enhance its character or appearance. Placemaking policies 1A and 1B and Policy 17: Residential Areas of the LDP is also relevant. These policies support proposals that contribute positively to the built and natural environment, are compatible with surrounding uses and do not have an adverse impact on the amenity of others.
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51 NPF4 Policy 30(e): Tourism, is relevant to this proposal. This 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. 52 There has been an objection from Aberfeldy Community Council due to the primary use of the property being for holiday/short term lets. They also consider that further long-term residential accommodation is required in the area. 53 The building is not currently in use as permanent residential accommodation so criterion ii of (e) is not relevant. There will not be any loss of residential accommodation. Whilst the previous approval was for residential flats the current owner has concluded that the only viable option for the building is for serviced apartments, not for permanent residential accommodation. Therefore the planning authority must consider the wider merits of that proposal. 54 Criterion (i) of NPF4 Policy 30(e), will not support proposals where there is an unacceptable impact on local amenity or the character of a neighbourhood or area. The site is on the edge of Aberfeldy on a main road with residential properties on three sides. Whilst there will be an increase in footfall and movements associated with the property, this is unlikely to impact on the character or amenity of the area so long as good management practices are in place. The former use as an outdoor centre would have generated a certain amount of activity at the site. It is not anticipated that the activity associated with 8 apartments will be any greater and as such would not adversely impact the amenity or character of the area. 55 The proposal accords in principle with NPF4 Policy 30(e): Tourism, and the intent of NPF4, and LDP2 Policies 1A Placemaking and Policy 17: Residential Areas. 56 The principle of refurbishment and re-use of a historic building in the conservation is also supported by policies 7 of NPF4 and 27A and 28A of LDP2. Design, Layout and Visual Amenity 57 The proposal includes repair of the existing boundary walls which form part of the listing. The original entrance into the house will be brought back into use as the main entrance into the property with each apartment entered independently from the existing stairwell. 58 The external structure and finishes of Dunolly House are to be retained and the building will be upgraded internally to retain its original exterior finishes and appearance. Necessary vent infrastructure such as flues, are to be brought into less visible locations or through the main roof. The structure of the existing
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extension will also be retained, with most existing window and door openings filled in, and new openings introduced to meet technical standards. The extension roof is to be stripped, including the existing dormers, and a new roof finish of single ply membrane installed. The extension will be clad in timber. 59 The existing windows are proposed to be retained. However these are uPVC and whilst installed around 20 years ago they are unauthorised as the building is Listed. The applicant has agreed that in the long term the windows will be replaced with traditional timber sash and case windows when replacing windows in the future. In the interim the existing windows are to be painted black to reduce their visual prominence. 60 As a means to restoring traditional windows in the property the existing French doors are to be changed to bipartite timber double sash and case and reinstate the stonework to match. 2 bipartite windows in the other ground floor principal rooms will also be installed to match. The intact windows removed will be reused to replace the fire exit doors at higher level. 61 The visual setting of the house will be improved with the original drive and the paths would be reinstated with a porous resin gravel. The lawn and stepped terrace will be reinstated to the west down to the parking area which would be created with grass grids to be a continuation of the lawn. 62 The property has been unoccupied for over 7 years and its condition has deteriorated. This proposal will enable a new use to be found for the building and for the restoration of a historic asset, at a key location at the edge of Aberfeldy. 63 The proposal is considered to accord with Placemaking and Design policies, Placemaking 1B of the LDP and Policy 14, Design of NPF4. Landscape 64 The site contains a number of mature trees. A revised tree survey has been submitted to update the 2016 report previously approved. Twenty-three trees have been surveyed within and immediately adjacent to the site. One beech tree has been removed since the last survey was undertaken in 2016. 65 The trees are of variable quality and age. The dominant species is Douglas Fir, and the main arboricultural features includes a line of these at the northern site boundary and a large prominent Lime with spreading crown at the south boundary. There are also mature trees at the entrance to site from Taybridge Drive. Overall the tree cover is of noted in the report to be of good quality with around 60% of the trees surveyed assessed as category A and B category (BS 5837: 2012). The report includes recommendations for remedial arboricultural work to some of the trees and removal of others due to their poor quality. It is suggested that a further 3 trees could also be removed to benefit better quality trees in the line of Douglas Fir.
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66 A tree constraints plan and suggested tree protection measures are set out in the Tree Survey. Any tree loss should be subject to compensatory planting. A condition to require a detailed landscaping plan will be attached (Condition 11). 67 The main concern regarding the proposals is with the proposed new access and parking arrangements at the west of the site. Lime tree (No.974) is a particularly prominent tree with significant amenity value on Kenmore Road. The report states that works should avoid reducing ground levels within the RPA of this and other trees. Where minor increases in levels is required a cellular confinement system such as ‘cellweb’ is proposed. 68 The report recommends that an Arboricultural Method Statement (AMS) will be required for areas where construction within the RPAs is unavoidable. The AMS will detail special mitigation construction measures and procedures that will minimise damage to tree roots and the surrounding soil and should be supported with a Tree Protection Plan, detailing the alignment of tree protective fencing. 69 Subject to conditions relating to tree protection, adherence to the tree survey report and submission of a landscaping plan the proposal is considered to be in accordance with policy 6: Forestry, woodland and trees of NPF4 and policy 40B Trees, Woodland and Development of the LDP (Conditions 11-15). Residential Amenity 70 NPF4 Policy 14: Design, Quality and Place and LDP2 Policies 1A: Placemaking, and 17: Residential Areas supports proposals that are compatible with existing uses, 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. 71 In this instance, there is the potential for noise from the users of the properties to affect neighbouring residential properties. The introduction of Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 requires these to be licensed and noise conditions will form part of the Licence. 72 The previous use of the property was as an outdoor recreation centre. The proposed use will bring people to the site for short term periods and the impact of this new use is unlikely to be significantly different to the buildings past use. Although the building has been empty for some time it is considered that the proposed use as a short-term let is compatible with the established character and is unlikely to increase noise and disturbance to a harmful extent. 73 There is one residential property (Dunolly Cottage) close to the site where there had previously been concern about the potential for overlooking from the north elevation of Dunolly House. The previous permission included re-building this
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elevation and installation of a roof terrace. This current application keeps the existing extension and re-clads it. There are 2 small bedroom windows and a living room window at ground floor and 3 small bedroom windows at mezzanine level. These openings are similar to those already in place and would not have any additional impact on residential amenity of neighbours. 74 The proposal accords with the intent of NPF4 Policy 14(c): Design, Quality and Place and LDP2 Policies 1A and 1B, Placemaking and 17: Residential Areas, in respect of residential amenity. It also accords with Policy 56, Noise Pollution, of LDP2. Roads and Access 75 The site is served by an existing vehicular access on to Taybridge Road. This will be used for pedestrian, cycle and disabled access with cycle parking and disabled parking indicated on the plans. 76 A new vehicle access is proposed onto Kenmore Road across a public footway. Transportation and Development has been consulted and advises that the applicant will be required to demonstrate that the vehicle access is constructed in accordance with Perth and Kinross Council’s roads development guide, and that appropriate visibility splays can be achieved and maintained. A condition is recommended to ensure that visibility splays are achieved and maintained in accordance with the speed limit of the road (Condition 17). 77 Parking provision is adequate. A total of 15 car parking bays are proposed, which includes 2 disabled bays. A cycle shed with 10 spaces in a waterproof lockable unit is also proposed. An objection to the appearance of this has been received. However the structure is of low profile and clad in timber. This is an improvement on the previous permission that had proposed a Perspex cycle shelter. 78 Transportation and Development also advise that the existing underground street lighting cable will need to be lowered to a depth of 350mm under proposed vehicle access extents on Kenmore Road and recommend a condition to ensure these works are undertaken (Condition 18). 79 The site is within Aberfeldy with easy access including by foot and by cycle to local facilities including public transport. 80 Subject to conditional control the proposal satisfies policy 13, Sustainable Transport, of NPF4 and policy 60B of LDP2. Drainage and Flooding 81 The use proposed falls under SEPA’s ‘Highly Vulnerable Uses’, there is no change based on the redevelopment.
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82 The Design Statement states that the original drive and the paths would be reinstated with a porous resin gravel. The lawn and stepped terrace will be reinstated to the west down to the parking area which would be created with grass grids to be a continuation of the lawn. Whilst the hardstanding areas have not been explicitly stated these are noted as being in line with general replacement. The materials of gravel and grass grids are in keeping with sustainable drainage. 83 The SEPA flood maps show the location of the River Tay which bounds the site to the north west. The river is confined in this area and the low likelihood scenario does not enter the site boundary. The future flood map river medium likelihood follows the same extent. Therefore according to the SEPA flood maps the site is not expected to be at risk for the 200yr event in 2080. Flooding and Structures have been consulted, and do not object to the proposals. 84 The SEPA flood maps a small path of surface flood water, flowing towards the Tay. No change is proposed to this area and the natural flow path is maintained. 85 There are therefore no concerns with the proposals in terms of flood risk or drainage and the proposals are in accordance with policy 22: Flood risk and water management of NPF4 and policy 53C; Surface Water Drainage of the LDP. Waste Collection 86 The Council’s commercial waste team has reviewed the proposals and states that the proposed bin stores are sufficient. Conservation Considerations 87 Policy 7 of NPF4 and Policy 28A of LDP2 share an aim to enhance and preserve the character and appearance of Conservation Areas. The proposals will see the restoration of a historic asset. The building has been altered in the past in particular with the installation of uPVC windows which impacts on its character. As discussed above the longer term aim is to replace the windows with timber sash and case. A condition will be attached highlighting that the existing windows are unauthorised and not approved by this permission (Condition 10). Conditions with regard to retention of historic features, finishes of external works, restriction of external plumbing, pipe work, lighting installations etc will also be added to protect the special character of the listed building (Conditions 6 - 9). Perth and Kinross Heritage Trust has also requested a standing building survey be undertaken prior to work commencing (Condition 4). 88 Subject to implementation of conditions the proposal is in accordance with Policy 7, Historic assets and places of NPF4 and Policy 27A Listed Buildings and 28A Conservation Areas of LDP2.
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Natural Heritage and Biodiversity 89 Policy NPF3, Biodiversity and policy 41 of the LDP both seek to protect and enhance all wildlife and habitats, whether formally designated or not, considering natural processes in the area. Planning permission will not be granted for development likely to have an adverse effect on protected species unless clear evidence can be provided that the ecological impacts can be satisfactorily mitigated. 90 A Preliminary Roost Assessment and Bat Survey Report has been submitted. It is understood that NatureScot has already issued a derogation licence for the site due to presence of bat roost. All recommendations and mitigation measures contained in the submitted Preliminary Roost Assessment and Bat Survey Report and any licence conditions must be adhered to in full (Condition 19). 91 Existing buildings or structures may contain nesting birds between 1st March and 31st August inclusive. Informative notes will be added to highlight this. 92 NPF4 requires local planning applications to include appropriate measures for biodiversity enhancement that are proportionate to the nature and scale of the development. No biodiversity enhancement measures have been provided, therefore it is proposed to condition these. 93 A condition was previously attached requiring at least four swift nesting boxes or bricks to be added to the completed development to enhance local biodiversity. Swifts are a Tayside Local Biodiversity Action Plan and Scottish Government priority species, protected under the Environmental Liability Directive and as an amber rated species, are noted on the Scottish Biodiversity List as in decline with Conservation Action required. This development can positively contribute towards swift conservation by incorporating swift nesting boxes or bricks into the building (Condition 20). Developer Contributions 94 The Developer Contributions Guidance is not applicable to this application and therefore no contributions are required in this instance. Economic Impact 95 The economic impact of the proposal is likely to be limited to guest expenditure in the local economy and construction works required to convert the building. VARIATION OF APPLICATION UNDER SECTION 32 96 This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to elevational details and submission of an up to date tree survey.
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PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 97 None required. DIRECTION BY SCOTTISH MINISTERS 98 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 99 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. 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. 2. 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. 3. The development hereby approved shall be used solely for short term accommodation and shall not be occupied as the sole or main residence of any occupant. Reason - In order to clarify the terms of the permission; to control and restrict the use of the building.
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4. Development shall not commence until the developer has secured an archaeological standing building survey, to be carried out by an independent and suitably qualified archaeological organisation. The scope of the archaeological standing building survey will be set by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust. The name of archaeological organisation retained by the developer shall be given to the Council as Planning Authority and PKHT in writing not less than fourteen days before the commencement date provided in the Notice of Initiation of Development. Copies of the resulting survey shall be deposited in the National Record of the Historic Environment and in the Perth and Kinross Historic Environment Record upon completion of the survey. Reason - To ensure an appropriate archaeological standing building survey is carried out and the resulting survey is recorded properly. 5. Prior to the commencement of the development hereby approved, details of the specification and colour of the proposed external finishing materials to be used shall be submitted to and agreed in writing by the Council as Planning Authority. The scheme as agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 6. Any hidden historic features which are revealed during the course of works shall be retained in situ, and any work(s) which may adversely affect the feature shall be suspended and the Council as Planning Authority notified immediately. Prior to the recommencement of such works, details of a scheme for the retention and/or proper recording of the feature shall be submitted to, and approved in writing by, the Council as Planning Authority. Reason - In the interests of protecting the special character of the Listed building. 7. All new external and internal works and finishes and works of making good the retained fabric, shall match the existing adjacent work with regard to the methods used and to material, colour, texture and profile, unless shown otherwise on the drawings or other documentation hereby approved or required by any condition(s) attached to this consent. Reason - In the interests of protecting the special character of the Listed Building. 8. No new plumbing, pipes, soil stacks, flues, vents or ductwork shall be fixed on the external faces of the building unless shown on the drawings hereby approved. Reason - In the interests of protecting the special character of the Listed Building.
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9. No new grilles, security alarms, lighting, cameras or other equipment shall be fixed on the external faces of the building unless shown on the drawings hereby approved. Reason - In the interests of protecting the special character of the Listed Building. 10. Notwithstanding the details shown on the drawings hereby approved, no permission is granted for the existing uPVC windows, which remain unauthorised. Reason - In the interests of protecting the special character of the Listed Building. 11. Prior to the commencement of the development hereby approved, a detailed landscaping and planting scheme for the site shall be submitted for the written agreement of the Council as Planning Authority. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and installation methods and, species, height, size and density of trees and shrubs to be planted. The scheme as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained to the satisfaction of the Council as Planning Authority. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 12. The conclusions and recommended action points within the supporting Tree Survey and Arboricultural Report dated September 2024 submitted and hereby approved (document(s) document no. 41 relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development, to the satisfaction of the Council as Planning Authority. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 13. All trees on site, other than those marked for felling on the approved plans, shall be retained. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 14. All trees identified for retention and any peripheral trees bounding the site, which may be affected by any element of the approved development and its associated
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construction, (including land within the blue site area) shall be protected in full accordance with BS 5837: 2012 'Trees in relation to design, demolition and construction'. Approved Tree Protection measures shall not be removed breached or altered without prior written authorisation from the local Planning Authority but shall remain in a functional condition throughout the entire development or as per the phasing plan. If such protection measures are damaged beyond effective functioning then works that may compromise the protection of trees shall cease until the protection can be repaired or replaced with a specification that shall provide a similar degree of protection. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 15. Prior to the commencement of development a pre-start meeting shall be held with Perth & Kinross Council Enforcement Officer (Trees), and the applicant project manager, arboriculturalist and ground works contractor to examine tree protection measures, and that they accord with standard requirements (fencing / no dig construction etc), position of proposed services/drainage to the site and site storage facilities. The measures as agreed shall be fully implemented as part of the planning permission. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 16. Prior to the development hereby approved being completed or brought into use, the vehicular access shall be formed in accordance with Perth & Kinross Council's Road Development Guide Type B Figure 5.6 access detail, of Type A Road construction detail. The Type A Road construction detail shall continue into the entrance for a distance of 3 metres from the boundary of the public road surface. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 17. Prior to the commencement of the development hereby approved, full visibility splays of 43 metres along the channel line shall be provided to the left and right of the access, at a set-back of 2.4 metres measured 1.05m above the road level to the standard and specification required by the Council as Roads Authority to the satisfaction of the Planning Authority. The visibility splays shall be physically formed on the ground and any existing fences, walls, hedges, trees, or other means of enclosure or obstructions within the splays shall be removed and relocated outwith the splays. Once formed, the visibility splays shall be permanently retained thereafter, and no visual obstruction of any kind shall be permitted within the visibility splays so formed.
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Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 18. Prior to the development hereby approved being completed or brought into use, the existing underground street lighting cable in the footway shall be lowered to a depth of 350mm under extents of proposed vehicle access. Reason - In the interests of road safety 19. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (Preliminary Roost Assessment and Bat Survey document 27 relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 20. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, 15 swift nesting boxes or bricks shall be provided on the site. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 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
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Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. No work shall be commenced until an application for building warrant has been submitted and approved. 4. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 5. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests 6. Existing buildings or structures may contain nesting birds between 1st March and 31st August inclusive. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 7. The presence of protected species, and the extent to which they could be affected by the proposed development, should be established before works commence. Should protected species be identified within the site the developer should ensure that all appropriate measures required to comply with the relevant legislation are carried out. 8. The applicant is advised that under The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022, a licence is required to operate a short-term let. More information can be found at https://www.pkc.gov.uk/shorttermlets 9. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 10. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 11. This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to elevational details and submission of an up to date tree survey.
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Background Papers: 2 letters of representation Contact Officer: Persephone Beer Date: 27 September 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING