23/01045/Fll
Perth and Kinross Council · 11 December 2024
Back to Planning and Placemaking Committee — 11 December 2024 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee – 11 December 2024 Report of Handling by Strategic Lead: Economy, Development and Planning (Report No. 24/361) PROPOSAL: Erection of 8 dwellinghouses, formation of vehicular access, drainage and associated landscaping LOCATION: Land 30 Metres North East Of Deans Oak, Meikleour Ref. No: 23/01045/FLL Ward No: P5- Strathtay 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. A Section 75 Legal Agreement, other suitable mechanism or upfront payment will be required to secure contributions for affordable housing. BACKGROUND AND DESCRIPTION OF PROPOSAL 1 Full planning permission is sought for the erection of 8 dwellinghouses, the formation of a vehicular access, drainage and associated landscaping within a greenfield site on the eastern edge and within the settlement boundary of the conservation village of Meikelour. The application site is bound by the A984 Old Military Road to the south, by existing residential properties to the west, a small watercourse and agricultural fields to the east and further grazing land to the north. There are mature trees occupying the southern boundary of the site which form an attractive avenue into the village from the east along with similar mature trees on the south side of the public road. The south, east and north boundaries of the site form the settlement boundary of Meikleour as identified in the Perth and Kinross Local Development Plan 2019. The site is located within the Meikleour Conservation Area. The Meikleour Historic Garden and Designed Landscape is located to the south on the opposite side of the A984. 2 The proposal is to provide accommodation for employees working at the Meikleour Farms and the Meiklour Arms Hotel. A new vehicular access is proposed in the south east corner of the site onto the A984 with four separate buildings proposed on site, each of which will accommodate two dwellings. Units 1-4 are proposed within two buildings, each with a rectangular footprint fronting onto the A984. These will be access from the rear (north) with parking
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provided to the north also. Each of these units is to be a single bedroom dwelling with a kitchen, lounge and bathroom. 3 The access extends to the north where two further buildings are proposed each with a "U" shaped footprint, which will accommodate units 5-8. These are laid out in a courtyard fashion with parking proposed to the front of each building. Each unit is proposed to accommodate two bedrooms, lounge/kitchen, bathroom and en-suite. 4 The buildings are proposed to have a relatively simple hipped roof, single storey design with a slate roof and white wet dash render walls and white timber framed windows. 5 A footway connection is proposed to provide connectivity through the site linking to the eastern end of "The Row". 6 This application is the re-submission of a previously refused application for the erection of 4 dwellinghouses (22/00738/FLL). This previous application was refused due to the lack of a tree and ecology survey, inadequate visibility splays at the access onto the public road and inappropriate detailed design and layout. SITE HISTORY 7 22/00738/FLL Full Planning Permission was refused on 24 November 2022 for the erection of 4 dwellinghouses PRE-APPLICATION CONSULTATION 8 Pre application Reference: None. DEVELOPMENT PLAN 9 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 10 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. 11 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 3: Biodiversity
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• Policy 4: Natural Places • Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 15: Local Living and 20 Minute Neighbourhoods • Policy 16: Quality Homes • Policy 17: Rural Homes • Policy 22: Flood Risk and Water Management • Policy 23: Health and Safety Perth and Kinross Local Development Plan 2019 12 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. 13 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 6: Settlement Boundaries • Policy 15: Public Access • Policy 17: Residential Areas • Policy 20: Affordable Housing • Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments • Policy 28A: Conservation Areas: New Development • Policy 29: Gardens and Designed Landscapes • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 52: New Development and Flooding • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 14 • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021)
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• Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) PKC NON STATUTORY GUIDANCE 15 • Planning Guidance - Planning & Biodiversity • Conservation areas • Supplementary Guidance - Renewable & Low Carbon Energy (draft) NATIONAL GUIDANCE 16 The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 17 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 18 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 19 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.
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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 Scottish Water – no objection. 23 SEPA – initial objection on flood risk now addressed after submission of Flood Risk Assessment and clarification on site levels. 24 Perth and Kinross Heritage Trust – there is potential for archaeological remains on the site and therefore a condition is recommended to ensure an archaeological investigation is carried out. Internal 25 Biodiversity/Tree Officer – the Ecological Impact Assessment is considered to be sufficient to address ecological matters on the site and the mitigation and enhancement measures contained within should be secured by condition. Following submission of additional information the proposal is considered to protect the existing trees on site appropriately. 26 Structures and Flooding – Flood Risk Assessment and drainage details requested – now considered to be sufficient to demonstrate that the site is not at risk from flooding 27 Transportation and Development – the access and parking arrangements are considered to be acceptable and conditions are recommended to ensure the provision of rural bus boarders, footway connection, visibility splays and street lighting. 28 Environmental Health (Noise Odour) – no objection subject to condition regarding plant noise from air source heat pumps (ASHP) and an informative relating to the use of stoves. 29 Development Contributions Officer – no developer contributions are required. 30 Communities Housing Strategy – no comments.
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31 Affordable Housing Enabler – following discussions with the developer and the nature of the development proposed it was considered that a commuted sum towards affordable housing provision on this site was acceptable. 32 Community Waste Advisor - Environment Service – no objection. REPRESENTATIONS 33 Twelve representations were received. The main issues raised within the representations are: • Estate has occupied existing buildings with holiday lets • Tree felling • Impact on sewer and water infrastructure • Road safety concerns • Ecological impacts • Contrary to Development Plan • Inappropriate density • Over intensive development • Impact on residential amenity • Noise pollution • Light pollution • Occupancy • Overshadowing • Flood risk • Drainage impact • Landscape maintenance • Impact on Conservation Area 34 These issues are addressed in the Appraisal section of the report. ADDITIONAL STATEMENTS 35 Screening Opinion EIA not required (see planning portal) Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal AA not required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact Ecological Impact Assessment Flood Risk Assessment Drainage Assessment Tree Survey Arboricultural Method Statement
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APPRAISAL 36 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, as outlined above. 37 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. Policy Appraisal 38 The site forms part of a larger paddock area which has been identified within the current Perth & Kinross Local Development Plan 2019 (LDP2) as a potential opportunity to create a small extension to the village. The application site is identified as "white land" within the plan where Policy 17 applies. This states that infill residential development will be appropriate subject to new development reflecting the character, layout and amenity of the area. Policies 1A and B echoes this and states that new development should complement its surroundings in terms of form, appearance, height, scale, massing, materials, finishes and colours, amongst other criteria. 39 Policy 14 Design, Quality and Place, 16: Quality Homes of National Planning Framework 4 (NPF4) are also applicable in this case. 40 The general principle of residential development on this site is therefore acceptable and the proposal and is considered to accord with Policy 17 of the LDP2 and 14 and 16 of NPF4. An assessment of the design and layout is provided below. Given the principle of residential development on this site is acceptable and the site has been identified within the Development Plan for a small extension to the village, it is not considered to be necessary to restrict occupancy to staff accommodation only as is suggested in letters of representation.
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Design and Layout and Cultural Heritage 41 The site is located within the Meikleour Conservation Area and therefore all physical works should ensure that they respect the character and appearance of the Conservation Area, as required by Policy 28A. Policy 7(e) of NPF4 is also applicable which seeks to ensure similar. 42 Policies 1A and 1B Placemaking are also of relevance. These policies require proposals to contribute positively to the surrounding built and natural environment and to respect the character and amenity of the place. Policy 14 of NPF4 is also applicable and seeks to deliver well designed development and apply the 'place principle'. 43 The character of Meiklelour Conservation Village involves generally detached and semi detached properties clustered around the A984. There are a mixture of single storey and storey and half properties within the village. Finishing materials are generally stone or harled walls and slate roofs. 44 The proposal now occupies the entire field within the settlement boundary, rather than only the western half as proposed in the previously refused application. This is considered to provide a holistic approach to the development of the site, extending the village into the entire field to the edge of the settlement boundary. The proposed layout takes account of the existing tree resource on the site which is considered to be a key component of the Conservation Area. The proposal also fronts units 1-4 onto the A984 reflecting the established character of the village and the established building line along the A984. The scale and size of each plot is considered to reflect the density levels within the village and therefore the number of units reflects the established character of the village as required by policy. 45 The proposal involves the removal of a 50m length of an existing hedge along the southern boundary of the site to accommodate the vehicular access. This is considered to be appropriate as this is the only logical area to accommodate a vehicular access onto the public road. This is compensated for via the planting of additional hedging within the site and full details of the species and density of this planting have been submitted with the application. The planting of this hedging and its ongoing maintenance will be secured by condition (Condition 5). 46 The provision of a link to the north also provides connectivity through the site for pedestrians and cyclists which is also a requirement of NPF4. A condition is recommended to ensure this is provided as part of the site development (Conditions 3 and 4). 47 The layout ensures the retention of the important mature trees along the southern boundary and elsewhere, ensuring the retention of the tree avenue on the approach into the conservation village.
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48 The buildings are each to be 5.2m in height, all single storey which again reflects the existing, scale and built form within the village. The finishing materials include a slate roof and white wet dash render on the walls. Windows and doors are proposed to be white timber frames. The materials reflect the character of other properties within the Conservation Area. 49 The proposal is considered to be an appropriate small scale addition to the village within a site which has been specifically identified for additional development in the LDP2. The proposed layout and design of the houses is considered to reflect the character and amenity of the area and is considered to preserve and enhance the character and appearance of the Meiklelour Conservation Area and therefore complies with the criteria outlined in policies 1A, 1B, 17 and 28A of the LDP2 and the associated SG and Policies 7(e), 14 and 16 of NPF4. Residential Amenity Impacts on adjoining properties 50 The formation of residential development has the potential to result in overlooking and overshadowing to neighbouring dwellings and garden ground. There is a need to secure privacy for all the parties to the development those who would live in the new dwellings, those that live in the existing house and those that live in adjoining dwellings. Planning control has a duty to future occupiers not to create situations of potential conflict between neighbours. 51 The Council's guidance generally seeks to ensure there is a minimum distance of 9m from windows to boundaries in order to mitigate overlooking from new development. The west facing elevations of units 5-6 are located 12.6m from the site boundary which is considered to be a sufficient distance to mitigate overlooking to neighbours. Furthermore, there are no windows proposed on the west facing elevation of unit 4. Hedging is also proposed along the site boundaries which will provide screening. The proposal is not considered to result in any overlooking to neighbours. 52 The provision of a footpath link to the north of the site is not considered to be of any significant detriment to the amenity of neighbouring properties. It is appreciated that the link will result in a degree of activity in a location where currently little exists, but this is not considered to be of a level which would of significant detriment to existing amenity levels. 53 Each house is proposed to be fitted with an air source heat pump (ASHP). Environmental Health have reviewed the ASHP’s which are proposed and have recommended a condition to control the noise from these. (Condition 15).
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Daylight/Overshadowing 54 Although overshadowing is not a matter specifically referred to in governmental guidance, the protection of neighbouring developments from unreasonable loss of light is a well-established proper planning consideration. 55 The Council's adopted Supplementary Guidance relating to Placemaking includes specific information on how the issue of overshadowing can be assessed. This is known as the 25 degrees rule. Any proposed development should maintain and allow for a reasonable amount of natural daylight to the internal living space of neighbouring residential properties. Established practise determines that 25 degrees is a suitable maximum obstruction path which should be afforded directly to a front or rear aspect. In this instance the proposal is not considered to result in overshadowing to neighbours. Private Amenity Space 56 The extent in which private amenity space is used relates specifically to the dwellings occupant. It is therefore particularly difficult to forecast the extent of garden ground required and ultimately overtime this will change with any new inhabitant. Nevertheless, it is important to seek an outside area that can perform the minimum to be expected of a garden i.e. clothes drying, dustbin storage and sitting out. The site is considered to be of sufficient scale to accommodate appropriate garden ground for the dwellings. Ecology 57 Policy 41 of the LDP2 states that the Council will seek to protect and enhance all wildlife and habitats, whether formally designated or not, considering natural processes in the area. Policy 3 of NPF4 contains similar requirements. 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. 58 An Ecological Impact Assessment has been submitted and confirms the presence of a non-breeding bat roost in one poplar tree (T7). It is proposed that erecting Heras fencing around the tree located 18m from the development will prevent disturbance to the bat roost. If disturbance is considered likely, a licence should be sought from NatureScot. 59 The submitted Ecological Impact Assessment contains sufficient information for the Planning Authority to be satisfied that all three license tests are likely to be met. The same tests need to be passed in order for NatureScot to issue a licence. The mitigation measures and recommendations contained within the Ecological Impact Assessment are considered to be acceptable following assessment by the Council’s Biodiversity Officer and can be secured via condition (Condition 6).
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Breeding Birds 60 For all wild bird species in Great Britain, it is an offence to intentionally or recklessly kill, injure or take a bird; take, damage, destroy or interfere with a nest of any bird while it is in use or being built; or obstruct or prevent any bird from using its nest. Clearance of vegetation should not take place during the bird breeding season between 1st March and 31st August inclusive and an informative advising the developer of this is recommended. Biodiversity Enhancement 61 NPF4 requires planning applications to include appropriate measures for biodiversity enhancement that are proportionate to the nature and scale of the development. Measures have been provided in the submitted Ecological Impact Assessment including 420m of native hedgerow (some of this is to compensate for the loss of 50m of hedgerow to allow this development to proceed). Plus, 10 bat boxes suitable for summer roosting bats such as pipistrelle and brown long- eared bat (e.g. Schwegler 2F or similar) are proposed to be affixed to suitable nearby mature trees within 50 m of the site. It is a preference that bat bricks are integrated into buildings rather than on trees and this can be secured via condition (Condition 7). 62 The proposal, subject to the above conditions, is therefore considered to comply with Policy 3 of NPF4 and Policy 41 of the LDP2 in regard to ecology and bio diversity enhancement. Trees 63 The Council will apply the principles of the Scottish Government Policy on Control of Woodland Removal and there will be a presumption in favour of protecting woodland resources. Where the loss of woodland is unavoidable, mitigation measures in the form of compensatory planting will be required. This is outlined within Policy 40B of the LDP2 and NPF4 Policy 6(a). 64 As outlined above there are a number of mature trees on this site, all of which contribute to the character and appearance of the Meikleour Conservation Area. 65 A Tree Survey accompanies the application together with an Arboricultural Method Statement and Tree Protection Plan. There are 21 trees and 2 hedgerows present on the site. Six of these trees have been identified as Category U (unsuitable for retention with a life expectancy of less than 10 years). These are all European ash on the eastern boundary of the site and are suffering from ash die back and are therefore recommended for felling. The remaining trees are identified as category B and C (moderate quality). A single oak tree (377) and hedgerow (H1) are proposed for removal/felling to accommodate the new access and visibility splays. All other trees and hedgerows within the site are to be retained. They are to be protected during construction operations as demonstrated within the method statement and tree protection plan. This
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information has been accepted by the Council's Enforcement Officer (Trees) and a condition is recommended to ensure these are adhered to (Condition 8). 66 The road verge along the north side of the A987 is to be retained with no footway being provided along the A984 to avoid any works within this area which would impact on the root protection areas of the mature trees along this boundary. A pedestrian link into the village is provided to the north. 67 A condition is recommended to ensure the planting of an oak tree to compensate for the loss of the oak at the site access (Condition 9). 68 The proposal therefore retains the vast majority of the important tree resource on the site, respecting the character of the Conservation Area and compensatory planting is provided for any loss. This is therefore considered to accord with Policy 40B of the LDP2 and NPF4 Policy 6(a). Drainage 69 Policy 53B of the LDP2 and Policy 22 of NPF4 requires new development to be served by a private drainage system where there is no public system available. 70 Surface water drainage requires to be collected via a SUDS system as required by Policy 53C and Policy 22(c) of the LDP2. In this instance roof run off is to be conveyed via rainwater pipes to an "Enhanced swale". The internal access road is proposed to be graded away from the proposed buildings towards the swale to allow run off. Controlled discharge from the swale system with be provided at the pre-development greenfield run off rate. The proposed arrangements are considered to be acceptable for the purposes of assessing this planning application and the detailed design of the surface water drainage system can be secured via the building warrant process. The ongoing maintenance of the surface water drainage will lie with the applicant or subsequent owners/factors. 71 There are no public sewers in the vicinity of the site. Waste water drainage is proposed via a secondary treatment plan discharging to a Reed Bed. A CAR Licence will be required from SEPA to enable discharge into the watercourse and an informative note is applied to advise the developer of this. 72 The submitted drainage assessment also includes appropriate construction drainage management including silt and sediment mitigation together with management of concrete, oils and fuels. 73 The arrangements are considered to be acceptable and meet the requirements of Policy 52 of the LDP2 and 22 of NPF4. Flood Risk 74 Policy 52 of the LDP2 and Policy 22 of NPF4 promote flood avoidance. A Flood Risk Assessment accompanies the application given the presence of a
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burn/watercourse which runs south to north along the eastern boundary of the application site. The burn is culverted under the A984 to the south east of the site. The site is not identified to be at risk from flooding according to SEPA flood maps but SEPA and the Council’s Flood Team had initially submitted a holding objection due to the potential flood risk and the lack of a Flood Risk Assessment (FRA). Following this an FRA was submitted. 75 The FRA has considered the impact of the burn/watercourse and information has been provided from the applicant's consultant regarding the topography of the site, hydrological flow of the watercourse and other matters. There have been some minor alterations to levels at the access into the site to provide a preferential flow route. The information submitted is considered to be sufficient to demonstrate that the site will not be at risk from flooding and will not increase the risk of flooding elsewhere. SEPA and the Council's Flood Team have withdrawn their objection. The proposal therefore accords with Policy 52 of the LDP2 and 22 of NPF4. Traffic and Access 76 Policy 60B of LDP2 and Policy 13 of NPF4 seeks safe access, egress and appropriate car parking and to encourage the use of sustainable transport. 77 There is sufficient car parking provided on the site for the scale of development proposed (4 x 1 bedroom units and 4 x 2 bedroom units). There is also two visitor parking bays and a service bay. 78 Access into the site is proposed at the south east corner with visibility splays indicated. A condition is recommended to ensure delivery of the visibility splays (Condition 12). 79 The proposed bin store next to the access must have a sealed surface to allow bins to be transferred for collection. This can be secured via condition (Condition 10). 80 The internal site will remain private and will not be maintained by the Council nor is it suitable for future adoption. 81 A condition is recommended to ensure delivery of a street lighting design along the A984 (Condition 11) 82 As referenced above, a condition is also recommended to ensure delivery of the footway connection to the north during the development and to ensure it is available for use prior to occupation of any of the dwellinghouses. The condition will also ensure it is appropriately maintained (Condition 3 and 4). 83 To facilitate access to public transport, the applicant is proposing to provide a rural bus boarder to east of the vehicular access. A footway link shall be provided from the bellmouth of the vehicle access to the rural bus boarder, with 3
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metre bus stop pole and flag. This can be secured via condition. A rural bus boarder is also required on the opposite side of the road and a condition is recommended to secure this with dropped kerbs to allow for crossing. Its location must also respect the existing trees and hedges on the opposite side of the road and this should be addressed in the detailed design (Condition 10). Affordable Housing 84 The Council's Affordable Housing Policy and Supplementary Guidance requires that residential developments consisting of 5 or more units should include provision of an affordable housing contribution amounting to an equivalent of 25% of the total number of units proposed. There is a sequential approach to delivery which seeks to ensure on site delivery where possible. In this instance the units are small scale and are proposed principally as staff accommodation and the developer was asked to demonstrate why a commuted sum rather than on site provision was appropriate for this site following discussions with the Council's Affordable Housing Officer. The submission indicates that the ambition of the developer (The Meikleour Trust) is to deliver their own residential accommodation primarily due to challenges associated with attracting and retaining essential workers to this rural area. The limited availability of suitable and affordable housing in the area limits the ability of the Trust to secure the workforce necessary for their current operations and to support long term ambitions in sectors including agriculture, forestry, sporting activities and tourist accommodation including the Meikleour Arms Hotel and Restaurant. 85 In this case a viability statement is not considered to be an appropriate means to justify a commuted sum rather than on site provision but a planning statement has been submitted which demonstrates that the site will meet existing and future workforce requirements and the accommodation will diversify the supply of housing in the rural area. The proposal will deliver essential worker accommodation meeting the requirements of Policy 16 Quality Homes of NPF4 and Policy 8: Rural Diversification of LDP2. The proposal will ensure delivery of the above but the applicant also intends to provide a commuted sum towards affordable housing provision elsewhere of the full amount. The site is within the Strathmore Housing Market Area where the commuted sum per unit is £20,500. There are a total of 8 units. 25% of 8 = 2. Therefore, the total commuted sum required is 2 x £20,500 = £41,000. The applicant has advised that they intend to pay the commuted sum upfront. 86 The Council's Affordable Housing Officer has accepted that a commuted sum for this particular site, given the nature of the development proposed is considered to be acceptable. Developer Contributions 87 The Council Developer Contributions Supplementary Guidance requires a financial contribution towards increased primary school capacity in areas where a primary school capacity constraint has been identified. A capacity constraint is
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defined as where a primary school is operating at over 80% and is likely to be operating following completion of the proposed development, extant planning permissions and Local Development Plan allocations, at or above 100% of total capacity. 88 Four of the eight properties are one-bedroomed which do not require assessment for development contributions. 89 This proposal is within the catchment of Glendelvine Primary School. Education & Children's Services have no capacity concerns in this catchment area at this time. Therefore, there is no developer contribution requirement for this site. Archaeology 90 The site lies within an area which is considered to be archaeologically sensitive and therefore in accordance with the requirements of Policy 26 of the LDP2 and Policy 7 of NPF4 an archaeological investigation is required as recommended by Perth and Kinross Heritage Trust. This can be secured by condition (Condition 14). Waste Collection 91 Waste is proposed to be collected from the entrance to the site and PKC Waste Services have confirmed agreement to this. A bin storage area is proposed on the site. Light Pollution 92 It is accepted that there will be a degree of light pollution from the development but this will be seen in context with existing lighting from the village. The settlement boundary within the LDP2 has been formed to enable a small scale extension to the village and therefore the lighting associated with this is considered to be acceptable. Low and Zero Carbon Generating Technologies 93 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 includes the erection of a new building, consideration must be given to this requirement. Further, NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ requires that development should be designed to reduce green gas emissions. In this instance, the properties are to be fitted with air source heat pumps (ASHP) which will meet and exceed building standards requirements. The proposal therefore complies with the relevant policies.
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Economic Impact 94 There is likely to be a degree of economic benefit associated with this proposal given that the housing is proposed to be occupied by staff associated with the operation of the estate as referenced above. VARIATION OF APPLICATION UNDER SECTION 32A 95 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 updates to the information regarding flood risk to address SEPA and the Council’s Flooding Team comments. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 96 A Section 75 Legal Agreement, other suitable mechanism, or upfront payment will be required to secure contributions for affordable housing. CONCLUSION AND REASONS FOR RECOMMENDATION 97 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.
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3. Prior to the occupation of any dwellinghouse approved as part of this permission, the pedestrian route from the north of the site shall be constructed and provided with dropped kerbs within the development, to permit easy access for pedestrians with prams and wheelchairs. The kerb upstands at the dropped kerbs shall range from 0 mm to 10 mm at these locations. The pedestrian route shall connect into the development site with a flush surface all to the satisfaction of the Council as Planning Authority. Reason: In the interests of pedestrian and traffic safety. 4. The footway link to the north of the site shall be retained and maintained in perpetuity to the satisfaction of the Council as Planning Authority. Reason: In the interests of visual and residential amenity and to ensure ongoing permeability through the site. 5. The detailed landscaping and planting scheme which is hereby approved shall be completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. The approved scheme shall thereafter be maintained to the satisfaction of the Council as Planning Authority, with any planting which fails to become established within five years being replaced in the following planting season with others of a size and species as previously approved. Reason: In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. 6. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document 25 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 protecting environmental quality and of biodiversity. 7. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, 10 bat bricks shall be integrated into the new buildings and 10 nest cups for swallows/house martens shall be provided on the new buildings in line with the recommendations in the supporting biodiversity survey submitted and hereby approved. 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. 8. Prior to the commencement of any works on site, all trees on site (other than those marked for felling on the approved plans) and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in
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Relation to Design, Demolition and Construction. The protection measures shall adhere to the Tree Protection Plan hereby approved (document ref: 32). Protection measures, once in place, shall remain in place for the duration of construction. Reason: To ensure the protection of retained trees and hedges during construction operations. 9. Prior to the commencement of any development on site, details of the location and specification of a replacement oak tree on site to compensate for the loss of the oak tree at the vehicular access into the site shall be submitted to and subsequently approved in writing by the Planning Authority. The replacement oak tree as subsequently approved shall be planted within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. The scheme as agreed and implemented shall thereafter be maintained to the satisfaction of the Council as Planning Authority. Should the oak tree fail to become established within five years it shall be replaced in the following planting season with another oak tree to the satisfaction of the Council as Planning Authority. Reason: In the interests of visual amenity and to ensure the replacement of the felled oak tree. 10. Prior to the commencement of any development, a detailed design showing the vehicle access onto A984 with the following shall be submitted to and subsequently approved in writing by the Planning Authority. a. Rural Bus Boarder on the roadside on the frontage of the development provided with bus stop pole and flag; b. Rural Bus Boarder on the roadside opposite the development provided with bus stop pole and flag whilst respecting the root protection areas of trees and re-aligning and re-planting the existing hedge. c. A footway link from the bellmouth of the vehicle access to the bus boarder on frontage of the development; and d. Dropped kerbs linking the bus boarder on the opposite side of the road with the footway, e. Provision of a sealed surface at the bin store area to allow bins to be transferred for collection. The Rural Bus Boarders shall adhere to Perth & Kinross Council's Road Development Guide, Rural Bus Boarder. Dropped kerbs shall be provided on both sides of the road. The scheme, as subsequently approved in writing, shall thereafter be implemented in full, to the satisfaction of the Council as Planning Authority prior to occupation of the first dwellinghouse.
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Reason: In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 11. Prior to the commencement of any development, a detailed design showing the streetlighting design encompassing the vehicle access of the development shall be submitted to and subsequently approved in writing by the Planning Authority, in consultation with Perth & Kinross Council's Street Lighting Partnership. The scheme shall include details for the speed limit signs, light spill, brightness of the lighting and the proposed hours of operation. The agreed lighting scheme shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority prior to occupation of the first dwellinghouse. Reason: In the interests of road safety. 12. Prior to the commencement of any development, full visibility splays of 65 metres to the left of the access and full visibility splays of 43 metres to the right along the channel line shall be provided 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 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. Reason: In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 13. No development in connection with the permission hereby granted shall commence unless the vehicular access has been provided and surfaced 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 of the development from the public road to incorporate the full frontage of the bin storage area. Reason: In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 14. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) which has been submitted by the developer and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development
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as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress. Reason: To ensure a programme of archaeological works is carried out to safeguard and record any archaeological remains within the development area. 15. All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason – In the interests of residential amenity. 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 1 The permission should not be issued until the Affordable Housing Commuted Sum has been paid in full. 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. No work shall be commenced until an application for building warrant has been submitted and approved. 4. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to
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be assumed to contain nesting birds between the above dates. 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. 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. Application for a new postal address should be made via the Street Naming and Numbering page on the Perth & Kinross Council website at www.pkc.gov.uk/snn. Please note there is a charge for this service and submission cannot be made until the relevant Building Warrant has been approved. 7. 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 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. 8. Engineering activities in the water environment may require authorisation under The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended) (CAR). Details of regulatory requirements and good practice advice can be found at https://www.sepa.org.uk/regulations/ 9. 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. 10. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, he/she/they must obtain from the Council, to place, maintain or adjust apparatus in, or under a Road or remove apparatus from a
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road. Application forms are available at https://www.pkc.gov.uk/article/14916/Road-and-footway-permits. 11. Further advice and information regarding installation of the rural bus boarders can be obtained from David Rae or Moray Fraser of the Public Transport Unit at publictransport@pkc.gov.uk 12. The approved stove system shall be installed and thereafter operated and maintained in accordance with the manufacturer’s recommendations, such that smoke is not exhausted into or escape into any neighbouring dwellings. Failure to do so may result in an investigation and possible action by Environmental Health under the Environmental Protection Act 1990. Background Papers: 12 letters of representation Contact Officer: John Williamson Date: 29 November 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING