24/00085/Fll
Perth and Kinross Council · 13 November 2024
Back to Planning and Placemaking Committee — 13 November 2024 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee – 13 November 2024 Report of Handling by Strategic Lead: Economy, Development and Planning (Report No. 24/306) PROPOSAL: Change of use and alterations to dwellinghouse to form 2 short-term let accommodation units LOCATION: Lagreach Cottage, Lagreach Lane, Pitlochry, PH16 5QW Ref. No: 24/00085/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 proposal is for a change of use of a dwellinghouse to form two short-term let accommodation units with associated alterations. 2. The application site is Lagreach Cottage, a 19th century traditional stone and lime constructed cottage. It is located in a residential area at Lagreach Lane, accessed from Atholl Road (A924), at the western edge of Pitlochry. 3. The 3-bedroom cottage has been vacant for 5 years. There is an external store attached to the building and this is to form part of the conversion and change of use. The cottage has an area of parking for five (5) vehicles and there is garden ground on both sides of the property (north and south) with the garden to the north bound in part by a low stone wall. 4. The cottage is surrounded by dwellinghouses including a modern residential development (06/02774/FUL) to the west and south, accessed from Lagreach Brae. 5. One 1-bedroom unit and one 2-bedroom unit is proposed, each with an open plan living/kitchen/dining space and a bathroom. The proposed alterations are outlined in a schedule of works (document 08) and the external alterations include a new roof with velux windows, removal of chimneys and new window and door openings. An entrance porch is to be created for each unit (south elevation) and finishing materials include white render walls with feature timber cladding and grey windows.
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6. In-curtilage parking is proposed for four (4) vehicles and the existing garden ground is to be retained for use by the proposed short-term let accommodation. SITE HISTORY 7. No site history. PRE-APPLICATION CONSULTATION 8. None. 9. 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 10. 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 11. 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. 12. 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 4: Natural Places • Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 20: Blue and Green Infrastructure • Policy 22: Flood Risk and Water Management • Policy 23: Health and Safety • Policy 30: Tourism
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Perth and Kinross Local Development Plan 2019 13. 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. 14. The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 17: Residential Areas • Policy 31: Other Historic Environment Assets • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 47: River Tay Catchment Area • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 56: Noise Pollution • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 15. • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) PKC NON-STATUTORY GUIDANCE 16. • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity • Planning Guidance - Change of Use of Residential Property to Short-term Let • Supplementary Guidance - Renewable & Low Carbon Energy (draft) NATIONAL GUIDANCE 17. 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 18. 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 19. 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. National Roads Development Guide 2014 20. 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 21. As part of the planning application process the following bodies were consulted: External 22. Perth And Kinross Heritage Trust - Condition recommended. The proposed development is considered to be archaeologically sensitive as it includes alteration to an existing historic cottage. This cottage appears to pre-date the 1st Edition Ordnance Survey of the area and is unchanged in form since it was first mapped. It appears to be part of a complex of three structures, of which only two now remain. The building may therefore retain original fabric and features that preserve its early character and origins. PKHT believes that wherever possible historic buildings should be retained and re-used in order to preserve the character of the local landscape. If permission is granted for the proposed works, it is recommended that a negative suspensive condition for basic standing building recording be attached to consent to ensure that an appropriate record is made of this historic cottage prior to re-development. Internal 23. Communities Housing Strategy - The council adopted non-statutory planning guidance for the Change of Use of Residential Property to Short-
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Term Let on 1st November 2023 to aid implementation of the above policy in Perth and Kinross. Consideration 6 pertains to the potential loss of residential accommodation and whether the change of use will be outweighed by the benefit to the local economy. The Local Housing Strategy 2022-27 includes an action to develop planning policy through 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. 24. However, since the publication of that planning guidance, the Economy and Infrastructure Committee on 28 August 2024 voted against the commencement of the formal statutory process to introduce a Short-Term Let Control Area in Highland Perthshire and North Eastern Perthshire. 25. Environmental Health (Noise Odour) - No objections to the application, recommend a STL informative about a licence be attached to any given consent. As the development is for 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. 26. Conservation Team – no objection and no comments. 27. Biodiversity/Tree Officer - No objection, subject to conditions. All methods in the submitted Bat Survey Report Bird and Protected Species Assessment are in accordance with best practice. Bat activity surveys carried out in 2024 confirmed the presence of bats. The submitted Bat Survey Report contains sufficient information for the planning authority to be satisfied that all three tests are likely to be met. The same tests need to be passed in order for NatureScot to issue a licence. The submitted Bat Survey Report recommends there is potential to enhance roosting opportunities for bats by installing bat boxes and bird nesting boxes. This is welcomed as a positive measure for biodiversity and should be provided and secured by condition. 28. Transportation and Development - Parking will be provided on site for four vehicles, two at each unit, which is in line with the requirements of the National Roads Development Guide. The applicant has provided a revised proposed site plan with an alternative parking arrangement (drawing 06). A condition is recommended to ensure implementation. REPRESENTATIONS 29. Nine (9) representations were received. The main issues raised within the representations are: • Out of character with quiet residential area occupied mainly by retired households • Close to existing holiday accommodation – hotel, holiday lets and B&B
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• Intrusive Noise • Concerned about safety and security with frequent changes of occupants at the property • Overlooking, invading privacy of surrounding homes • Road Safety • Detrimental impact on residential amenity with comings and goings, partying and BBQs and rubbish • Loss of mature trees within the garden has already compromised privacy of neighbouring dwellinghouses • Negative impact on protected species • Contrary to Development Plan Policy • Need for residential accommodation not short-term let accommodation to maintain a permanent community in the Town • Over provision of holiday lets in Pitlochry • Little positive impact on the local economy from the proposed development • Two properties on the site and if this is granted permission then likely approval of the smaller cottage to a short-term let unit which will compound the detrimental impact on residential amenity • Support the structural alterations however should be retained for residential use not short-term lets 30. These issues are addressed in the Appraisal section of the report. Other Matters Raised Which are not a Material Planning Consideration 31. • Loss of value on neighbouring residential property • No prior contact by the applicant about the plans ADDITIONAL STATEMENTS 32 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed AA not required Design Statement or Design and Access Statement Supporting Statement submitted Report on Impact or Potential Impact e.g. Flood Risk Assessment Ecological Assessment and Bat Survey submitted APPRAISAL 33. 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,
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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, supplementary guidance and planning guidance including that on Change of Use of Residential Property to Short-term let. Principle 34. Lagreach Cottage is a historic cottage which appears to pre-date the 1st Edition Ordnance Survey of the area and is unchanged in form since it was first mapped. NPF4 Policy 7 Historic Assets and Places states at paragraph m) Development proposals which sensitively repair, enhance and bring historic buildings, as identified as being at risk locally or on the national Buildings at Risk Register, back into beneficial use will be supported. 35. The cottage is not listed and is located outwith the boundary of the Pitlochry Conservation Area and Policy 7 o) states Non-designated historic environment assets, places and their setting should be protected and preserved in situ wherever feasible. Where there is potential for non- designated buried archaeological remains to exist below a site, developers will provide an evaluation of the archaeological resource at an early stage so that planning authorities can assess impacts. Historic buildings may also have archaeological significance which is not understood and may require assessment. 36. The property is vacant and has been unused for five years and NPF4 Policy 9 Brownfield, Vacant and Derelict Land and Empty Buildings, paragraph a) states, Development proposals that will result in the sustainable reuse of brownfield land including vacant and derelict land and buildings, whether permanent or temporary, will be supported. In determining whether the reuse is sustainable, the biodiversity value of brownfield land which has naturalised should be taken into account. Policy 9 Paragraph d) states Development proposals for the reuse of existing buildings will be supported, taking into account their suitability for conversion to other uses. Given the need to conserve embodied energy, demolition will be regarded as the least preferred option. 37. LDP2 Policy 26B: Archaeology seeks to protect areas or sites of known archaeological interest and their settings. Where development is proposed in such areas, there will be a strong presumption in favour of preservation in situ. Also, LDP2 Policy 31: Other Historic Environment Assets supports the protection and preservation of non-designated historic assets as significant resources. 38. In the absence of any specific policy on short term lets in the Local Development Plan, NPF4 Policy 30e Tourism is relevant and states – 39. Development proposals for the reuse of existing buildings for short term holiday letting will not be supported where the proposal will result in:
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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. 40. The proposal should be compatible with the amenity and character of the surrounding area and in line with NPF4 Policy 14: Design, Quality and Place and LDP2 Policy 1: Placemaking. 41. As the application site is next to the River Tay Special Area of Conservation NPF4 Policy 4 (b): Natural Places is relevant and LDP2 Policy 47: River Tay Catchment Area. Also, given the characteristics of the site a bat survey was carried out and NPF4 Policy 3: Biodiversity and NPF4 Policy 4 (f): Natural Places are relevant together with LDP2 Policy 41: Biodiversity. Change of Use 42. In respect of NPF4 Policy 30 Tourism, paragraph e), 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. 43. In respect of the first criterion, nine representations have been received objecting to the proposal on the grounds of its detrimental impact on local amenity and the character of the residential area. However, this is only a perceived impact and matters relating to behaviour related noise are considered under the Council’s Short Term Lets Licensing Policy. There is a requirement to meet the criteria of the Council’s Licensing Policy Statement to operate this type of accommodation. Monitoring and enforcement will be undertaken during the lifetime of the licence, typically 3 years. Any issues arising during the period of the licence will be reviewed by the Council’s Licensing Team and any future licence application may be refused. 44. The representations highlight historic noise and amenity issues arising when the property was used as staff accommodation by a local hotel. The applicant’s supporting statement (document 05) notes this use over a period of 15 years and the anti-social behaviour related to this historic use. It highlights that the applicant operates other short-term let accommodation in the town and they have never had any complaints and operate a strict ‘no party’ policy. The applicant’s supporting statement further highlights that noise and anti-social behaviour can be managed more effectively as a short-term let with the introduction of new regulations and licence requirements.
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45. The cottage pre-dates the surrounding houses. Given the topography of the site and surrounding area, the historic cottage sits at a lower level in relation to the surrounding properties on Lagreach Lane. Boundary treatments on the surrounding properties include stone walls, fences and hedges. The dwellinghouses located in Lagreach Lane are 26m-30m from the cottage. The distance from the cottage to the dwellinghouses to the south on Lagreach Brae (06/02774/FUL) is 26m-30m, with a timber fence providing separation between the garden ground. There are no significant issues arising in respect of overlooking and privacy. 46. It is considered that the proposal would not have an unacceptable impact on local amenity or the character of the area. 47. In respect of criterion 2, the applicant’s supporting statement highlights that the property has been vacant for 5 years and is not fit for habitation. A sympathetic conversion of the cottage is proposed to provide two small scale units to the holiday market. The proposal would result in the loss of a 3- bedroom dwellinghouse to short term let accommodation. However, historically the property has not been used as mainstream housing. The proposal would restore a vacant property and add to the range of holiday accommodation on offer in the town. Patrons will use local shops, restaurants and services which are all easily accessible from the application site. The applicant also employs local people for services relating to their existing short- term let accommodation. The proposed change of use would not have a detrimental effect on local residential housing availability. 48. The proposal satisfies NPF4 Policy 30 e). Design and Layout 49. The proposal has been sympathetically designed to retain the existing shape and form of the historic cottage. The proposed alterations will bring the building up to modern standards and are in keeping with the character of the building. The proposal will bring a vacant property back into use and contribute positively to the quality of the surrounding built environment. 50. A low stone wall bounds the property in part and this adds to the overall character of the cottage and should be retained. A condition is proposed to ensure full detail of the boundary treatments including any landscaping and tree planting are submitted for the written approval of the Council as Planning Authority (Condition 7). 51. The proposal respects the character and amenity of the place and satisfies NPF4 Policy 14: Design, Quality and Place and LDP2 Policy 1: Placemaking. Roads and Access 52. A revised proposed site plan (document 06) was submitted in response to initial consultation comments from Transportation and Development. The revised plan shows that there will be sufficient space for the residents of the
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adjacent cottage to access and egress their property. Parking will be provided on site for four vehicles, two at each unit, which is in line with the requirements of the National Roads Development Guide. A condition is recommended to ensure implementation of the parking in line with drawing 06 (Condition 9), which also includes showing the spaces for the adjacent cottage. 53. The proposed development is in the settlement boundary of Pitlochry and within walking distance of local shops, services and facilities. Public transport routes and sustainable modes of transport are available and easily accessible. 54. The proposal satisfies NPF4 Policy 13 Sustainable Transport and LDP2 Policy 60B Transport standards and accessibility. Drainage and Flooding 55. There is no flood risk associated with the property. The revised proposed site plan (document 06) shows all foul and rainwater drainage is to connect to the existing system. Drainage will be subject to review through the building warrant process. 56. The proposal satisfies NPF4 Policy 22 Flood Risk and Water Management and LDP2 Policy 53B: Water Environment and Drainage: Foul Drainage and LDP2 Policy 53C: Water Environment and Drainage: Surface Water Drainage. Conservation Considerations 57. Perth and Kinross Heritage Trust (PKHT) note in their consultation response that the proposed development is archaeologically sensitive as it includes alteration to an existing historic cottage. This cottage appears to pre-date the 1st Edition Ordnance Survey of the area and is unchanged in form since it was first mapped. It was formerly part of a complex of three structures, of which only two now remain. The building may therefore retain original fabric and features that preserve its early character and origins. 58. PKHT maintain the standpoint that historic assets are a finite resource that should be maintained and repaired regularly to ensure longevity of our historic buildings. Given the nature of the scheme and the various modifications involved an appropriate record should be made of the building in advance of any works on site. A condition is proposed to ensure that an appropriate record is made of this historic cottage prior to re-development (Condition 3). 59. The cottage is to be protected and brought back into use through a sympathetic proposal which retains its shape and form. The proposal satisfies NPF4 Policy 7 Historic assets and places and Policy 9 Brownfield, Vacant and Derelict Land and Empty Buildings and LDP2 Policy 31 Other Historic Environment Assets.
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Natural Heritage and Biodiversity 60. Trees – as highlighted in the representations trees in the garden were removed prior to the application submission. The applicant’s supporting statement notes that some fruit trees were cut back which will grow in time again and they removed self-seeded small trees and shrubs and generally tidied up the garden space of the vacant property. The trees were not protected. Biodiversity enhancement measures are recommended in the Bat Survey Report and a condition is proposed to ensure implementation (Condition 6). 61. Protected Species - All methods in the submitted Bat Survey Report Bird and Protected Species assessment are in accordance with best practice as reviewed by the Council’s Biodiversity Officer. Bat activity surveys carried out in 2024 confirmed the presence of bats. Due to the presence of bat roosts, no works can be undertaken before a derogation licence from NatureScot (formerly Scottish Natural Heritage) has been issued. The submitted Bat Survey Report contains sufficient information for the planning authority to be satisfied that all three tests are likely to be met. The same tests need to be passed in order for NatureScot to issue a licence. Conditions 4 and 5 are proposed in relation to the Bat Survey. 62. Biodiversity Enhancement - NPF4 requires local planning applications to include appropriate measures for biodiversity enhancement that are proportionate to the nature and scale of the development. The submitted Bat Survey Report recommends there is potential to enhance roosting opportunities for bats by installing bat boxes and bird nesting boxes. This is welcomed as a positive measure for biodiversity by the Council’s Biodiversity Officer. A condition is proposed to ensure this is implemented and maintained to the satisfaction of the Council (Condition 6). 63. The proposal satisfies NPF4 Policy 3: Biodiversity, NPF4 Policy 4 (f): Natural Places and NPF4 Policy 20: Blue and Green Infrastructure and LDP2 Policy 41: Biodiversity and LDP2 Policy 42: Green Infrastructure. 64. River Tay Special Area of Conservation – No impact on the River Tay Special Area of Conservation is anticipated given the location and scale of the proposed development. 65. The proposal satisfies NPF4 Policy 4 (b): Natural Places and LDP2 Policy 47: River Tay Catchment Area. Low and Zero Carbon Generating Technologies 66. LDP2 Policy 32 ‘Embedding Low and Zero Carbon Generating Technology in New Development’ states that proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. As this proposal is
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for a conversion and change of use of an existing property this policy requirement is not relevant and no specific detail has been proposed. Material Considerations Planning Guidance - Change of Use of Residential Property to Short-term Let 67. The non-statutory planning guidance has been considered in the assessment of the proposal. It is considered that the proposal will not have an unacceptable impact on local amenity or the character of a neighbourhood or area. The proposal aligns with the non-statutory planning guidance. Applicant’s Supporting Statement 68. The supporting statement (document 05) reports the applicants currently have two properties for holiday let in the town which have been operating successfully for three years. They have extensive experience of the hospitality market and have specifically targeted the couples/adult market. The property requires a high degree of renovation and has been sitting vacant for five years. It is not fit for habitation in its current state and requires extensive upgrade to all elements which result in significant costs. It is therefore not financially viable to function on a long term let basis as the rental income wouldn't cover the expenditure required when taking into account the actual purchase costs associated with the site. 69. The applicants live nearby and can deal with any issues directly and promptly. They operate a policy of no children or pets to minimise noise and ensure their properties are respected. The statement provides a response to the issues raised in the representations. In respect of the potential impact on existing residential amenity, the applicants highlight the ‘no party’ policy they operate. Also, whilst this is a valid concern, the statement notes it can be managed more effectively as a holiday let as opposed to multiple occupancy or residential use with the introduction of the mandatory licensing scheme for short-term lets. 70. Letters of support from neighbours of existing holiday lets owned and run by the applicants are included at Appendix 3 in the statement. The letters confirm the neighbours have not been detrimentally impacted by the short-term let accommodation. 71. The applicants expect the property to be let on average 224 days per year, with patrons all using and supporting local shops and restaurants. The occupancy of their current property demonstrates there is clearly a demand for self-catering accommodation of this nature within an easily accessible location to all of the local attractions and to support local businesses. Some local businesses have written letters in support of the application (Appendix 2). The applicant will also employ a number of local people for services related to the running of the short-term let accommodation.
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72. The statement also highlights that the cottage pre-dates the development subsequently erected around it (06/02774/FUL). Fencing provides screening on the neighbouring dwellinghouses which are a mix of single storey and one and a half storey. Representations 73. Nine (9) representations were received. The main issues raised within the representations relate to impact on residential amenity and this has been addressed in the report above. 74. An issue raised notes the two properties on the site and if this application is granted permission, then likely approval of the smaller cottage to a short-term let unit which will compound the detrimental impact on residential amenity. 75. The blue line on the location plan shows a further building in the applicant’s ownership. This is located to the west of the application site. This is not the subject of the planning application, and any future application, if necessary, will be assessed in respect of the Development Plan. 76. The issues raised in the representations have been fully considered in the assessment of the planning application and are not of significant weight to justify refusal of planning permission. Developer Contributions 77. None applicable. Economic Impact 78. The economic impact of the proposed development is likely to be minimal. VARIATION OF APPLICATION UNDER SECTION 32A 79. 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 clarify the car parking layout. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 80. None required. DIRECTION BY SCOTTISH MINISTERS 81. 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.
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CONCLUSION AND REASONS FOR RECOMMENDATION 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 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. 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. 4. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document(s) 07 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.
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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). 5. An updated bat survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the bat survey approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. 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). 6. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, six bird bricks/boxes shall be provided on the completed buildings. 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. 7. Prior to the commencement of the development hereby approved, details of the proposed boundary treatments for the site shall be submitted to and agreed by the Council as Planning Authority. The scheme as subsequently agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason: In the interests of visual and residential amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 8. The development hereby approved shall be used solely for holiday 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. 9. No part of the development hereby approved shall be occupied, until all (six) of the car parking spaces shown on the approved plans in Drawing Number 06, have been implemented and thereafter maintained. Reason: In the interests of road safety; to ensure the provision of adequate off-street car parking facilities.
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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 Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. Records indicate that at least part of the proposed development site lies within a radon affected area where the measurement/monitoring of radon gas and the installation of mitigation measures may be required. Further information on radon gas and the associated reports that can be obtained is available at www.ukradon.org and at http://shop.bgs.ac.uk/georeports/. 4. It is important that the developer, or their agent, contact Perth and Kinross Heritage Trust as soon as possible to explain the procedure of works required and, if necessary, prepare for them written Terms of Reference. 5. Perth and Kinross Heritage Trust advice is based on information held on the Perth and Kinross Historic Environment Record. This database of archaeological sites and historic buildings is regularly updated. 6. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two
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months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 7. The developer is advised that holiday accommodation and STLs require to be licensed under the terms of Article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-terms Lets) Order 2021 and therefore a licence application should be made to Perth and Kinross Council prior to operation commencing. Further information and application forms are available at https://www.pkc.gov.uk/shorttermlets. 8. The proposed demolition and/or building works likely to cause harm to bats should not commence until the applicant has obtained the relevant licence issued by NatureScot pursuant to Regulation 53 of The Conservation of Habitats and Species Regulations 2010 authorizing the specified activity/development to go ahead. 9. 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. 10. 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 clarify the car parking layout. Background Papers: Nine letters of representation Contact Officer: Claire Myles Date: 1ST November 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING