24/01115/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. 24/281) PROPOSAL: Alterations to dwellinghouse (in retrospect) LOCATION: 35 Simpson Wynd Kinross KY13 8GP Ref. No: 24/01115/FLL Ward No: P8- Kinross-shire 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 35 Simpson Wynd is a two-storey detached dwellinghouse which is located within a modern residential development in Kinross. Although the house itself is a modern construction, it is located within the Kinross Conservation Area. Detailed planning permission is sought for alterations, to convert the existing integral garage into habitable accommodation. 2 This type of alteration would usually benefit from permitted development rights, and not require an application for planning permission. In this case an application is required because of its location within the conservation area. It has become evident throughout the course of the application that the physical alterations have already been carried out. Therefore, the application is submitted in retrospect. 3 Concerns have also been raised that the property is being used as a short-term commercial let and as basis for touring holidays. It is necessary to emphasise that this application only covers the physical alterations to the domestic garage and not a change of use from a residential dwellinghouse. 4 The Development Management Enforcement Officer has carried out investigations in light of the representations and has established that a material change of use has occurred, albeit, not as part of this retrospective proposal for physical alterations. The applicant has confirmed that the property is currently up for sale and that they will cease the operation by the end of October.
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SITE HISTORY 5 24/00935/LAW - Alteration to dwellinghouse (proposed). This application was Withdrawn On 19 July 2024 as a planning permission was required. PRE-APPLICATION CONSULTATION 6 Pre application Reference: Not requested. 7 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 8 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 9 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. The Council’s assessment of this application has considered the following policies of NPF4: • Policy 7: Historic Assets and Places • Policy 14: Design, Quality and Place • Policy 16: Quality Homes 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. The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 17: Residential Areas • Policy 28A: Conservation Areas: New Development
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Statutory Supplementary Guidance 11 • Supplementary Guidance - Placemaking (adopted in 2020) NATIONAL GUIDANCE 12 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 13 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 40 Development Management Creating Places 2013 14 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 15 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 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: External 18 Scottish Water - No objections – informative note recommended.
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REPRESENTATIONS 19 Twenty letters of representation were received, including one from Kinross Community Council. The main issues raised within the representations are: • The use of the property as a commercial business/short term let would contravene the Deed of Conditions. • Inappropriate land use • Lack or loss of car parking. • Out of character with the area • Contrary to Development Plan • Retrospective nature of the proposal The alterations have already been carried out. However, the Town and Country Planning (Scotland) Act 1997, as amended, does allow for the submission of retrospective applications to regularise unauthorised development. The Deed of Conditions is not relevant to the consideration of a planning application. As noted above, no change of use is proposed within this application. It is anticipated that a separate application for Change of use will be submitted, should the applicant wish to operate as anything other than a domestic dwellinghouse. All other issues are addressed in the appraisal section of the report. ADDITIONAL STATEMENTS 20 Screening Opinion EIA Not Required Environmental Impact Assessment (EIA): Environmental Report Not Applicable Appropriate Assessment Habitats Regulations – AA Not Required Design and Access Statement Not Required Report on Impact or Potential Impact eg Flood Risk Assessment Not Required APPRAISAL 21 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. 22 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.
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Principle 23 Alterations which are incidental to an existing domestic dwellinghouse are generally considered to be acceptable in principle. Nevertheless, consideration must be given to the specific details of the proposed development, within the context of the application site, and whether it would have an adverse impact upon visual or residential amenity or the character and appearance of the conservation area. Design and Layout 24 The retrospectively proposed alterations to the principal elevation are minor in nature. They retain the same opening width as the existing garage door, whilst building up the opening to a sill height similar to the adjacent ground floor window. The alterations utilise brickwork and white upvc windows, to match the external finishing materials of the existing house. It is noted within a letter of representation that the alterations are similar to many that have already carried out elsewhere within the same development. Visual Amenity 25 The design, detailing and external finishing materials of the proposed development are all sympathetic to the existing house and surrounding built environment. Therefore, the proposed alterations comply with Policies 14 and 16(g) of National Planning Framework 4 2023, Policies 1A, 1B(c) and 17 of Perth and Kinross Local Development Plan 2 2019 and Perth & Kinross Council’s Placemaking Guide 2020, which seek to ensure that development contributes positively to the quality of the surrounding built environment in order to respect the character and amenity of the place. Conservation Considerations 26 The retrospectively proposed alterations to the modern dwellinghouse do not have any adverse impacts upon the character and appearance of the Kinross Conservation Area. Therefore, the proposed alterations comply with Policy 7(d) of National Planning Framework 4 2023, Policy 28A of Perth and Kinross Local Development Plan 2 2019 and Perth & Kinross Council’s Placemaking Guide 2020, which seek to ensure that the character and appearance of the conservation area are not adversely affected. Residential Amenity 27 The physical alterations do not adversely impact the residential amenity of neighbouring properties. Therefore, the proposed alterations comply with Policies 14 and 16(g) of National Planning Framework 4 2023, Policies 1A, 1B(c) and 17 of Perth and Kinross Local Development Plan 2 2019 and Perth & Kinross Council’s Placemaking Guide 2020, which seek to protect, and where possible improve, existing residential amenity.
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Parking 28 One parking space within the integral garage would be lost as a result of the proposed development. However, two parking spaces on the existing driveway would be retained, with the capability of forming a further parking space to the left of the domestic footpath, should the need for additional parking within the site arise. This level of parking is sufficient for the satisfactory function of the dwellinghouse. Drainage and Flooding 29 There are no significant drainage or flooding implications associated with this proposed development. However, the applicant’s attention should be brought to the advice provided by Scottish Water. This can be adequately secured by including an informative note on the decision notice. Developer Contributions 30 The Developer Contributions Guidance is not applicable to this application and therefore no contributions are required in this instance. Economic Impact 31 The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. VARIATION OF APPLICATION UNDER SECTION 32A 32 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 include the specification of materials. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 33 None required. DIRECTION BY SCOTTISH MINISTERS 34 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 35 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this
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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 Conditions are not required as the works have been completed. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informative Notes 1. 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 include the specification of materials. 2. A building warrant will be required. 3. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. Background Papers: 20 letters of representation Contact Officer: Keith Stirton Date: 27 September 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING