24/00374/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. 24/363) PROPOSAL: Erection of dwellinghouse, workshop/ancillary accommodation, and associated works LOCATION: Land 50 Metres South West Of Russaig House, Errol Ref. No: 24/00374/FLL Ward No: P1- Carse Of Gowrie Summary This report recommends approval of a detailed planning application for a change of house type and the erection of a new ancillary accommodation/workshop building on a rural site outside of Errol 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 This planning application seeks to obtain detailed planning permission for the erection of a dwelling and an associated ancillary accommodation / workshop on a site located on the northern bank of the River Tay at ‘Seasyde’ - a small residential hamlet outside of Errol which comprises a mix of traditional buildings (some listed) and more recent newly built properties. 2 Detailed planning permission had previously existed on the site for a dwelling that would have offered living accommodation over two full levels, and this application proposes to amend the design of dwelling, amend its location on the plot and to include an ancillary building which will be used as a domestic workshop, and ancillary accommodation directly associated with the main dwelling. 3 The amended design is a contemporary design which will offer living accommodation mostly over two full levels with an irregular shaped roof design over a rectangular floor plan. A first floor level terraced balcony is the focal point of the amended design and this would offers long views to the south towards to the River Tay. The position of the dwelling has been moved closer the River Tay (south) from the position of the previous approval on the site. During the course of the assessment of the current application the applicant opted to move the
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dwelling and the ancillary back into the site to try and reduce the impact on the neighbour immediately to the west and the final position is shown on Plan No 9. 4 The ancillary building will be positioned at right angles to the main house creating a ‘L’ shaped relationship between the two buildings. The ancillary building has a rectangular shaped floor area, and will offer two levels of accommodation. The workshop element would have a void space, with the ancillary accommodation element accommodation split over two levels with the upper level within the roofspace. The workshop is proposed for the applicant’s own personal use (carpentry) and the applicant has confirmed that the accommodation would only be for extended family members and friends to use and will not be used as separate dwelling or a short term let/holiday accommodation. The external finishes of both proposed buildings comprise a mix of smooth render and timber cladding, with metal roofing material. 5 Vehicular access to the site is via a long private access which is surfaced. Drainage arrangements will all be private, and the design principles of these have already agreed via the terms of the earlier approvals within the area. 6 At the southwestern corner of the site is an unauthorised garden room which has recently been sited. At the same time as amending the location of the buildings, the applicant took the opportunity to include details of this outbuilding within the current planning application to regulate the development. PROCEDURAL MATTER 7 The applicant opted to amend the planning application during the assessment of it by moving the buildings slightly north and also to include the garden room. Notwithstanding the minor nature of the locational change and the addition of the garden room, in order to ensure that all interested parties had a reasonable opportunity to make either amended or new comments, the Council wrote to all those who were notifiable neighbours and those who had initially commented on the initial proposal. However, in practice the proposed changes only directly affected the two immediately adjacent neighbours. SITE HISTORY 8 The wider site has an extensive planning history of various applications relating to new residential development. In relation to this particular site, the most relevant recent planning application was 19/00862/FLL which granted a detailed planning permission for a new dwelling. 9 That permission appears to have expired with no obvious record of either the pre-commencement conditions being addressed, or a formal verification issued by the Council that a material start as per Section 27 of the Act was made within the prescribed timeline. This current application is essentially looking to re- establish the residential use on the site, to alter the design and location from previously approved and to introduce an ancillary building.
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ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 10 This proposal be below the threshold which requires EIA screening. PRE-APPLICATION CONSULTATION 11 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 12 The Development Plan for the area comprises National Planning Framework 4, Perth and Kinross Local Development Plan 2 (2019) and statutory supplementary planning guidance (SPG). National Planning Framework 4 13 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve peoples lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 14 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 9 – Brownfield, vacant and derelict land and empty buildings • Policy 14 – Design, quality and place • Policy 16 – Quality Homes • Policy 17 – Rural Homes • Policy 22 – Flood Risk management Perth and Kinross Local Development Plan 2 (2019) 15 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.
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16 The site is located within the landward area, and close to the environmentally sensitive River Tay. The following policies are therefore relevant to this proposal, • Policy 1 – Placemaking • Policy 5 – Developer Contributions • Policy 19 – Housing in the Countryside • Policy 38 – Environmental Designations • Policy 41 – Biodiversity • Policy 47 – River Tay Catchment Area • Policy 56 – Noise • Policy 58 – Contaminated Land • Policy 60 – Transport Standards Statutory Supplementary Planning Guidance 17 The following statutory SPG are applicable to this proposal, • Developer Contributions & Affordable Housing (adopted in 2023) • Flood Risk and Flood Risk Assessments (adopted in 2021) • Housing in the Countryside (adopted in 2020) • Placemaking (adopted in 2020) OTHER PKC GUIDANCE Non-statutory Planning Guidance 18 The following non-statutory guidance is applicable to this proposal, • Planning and Nature • Ancillary & Annex Accommodation NATIONAL PLANNING GUIDANCE 19 The Scottish Government expresses its planning policies through Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 20 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
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National Roads Development Guide 2014 21 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 22 As part of the planning application process the following bodies were consulted: External 23 Scottish Water – No objection. 24 Structures and Flooding – No objection to the proposal in relation to flood risk, but some recommendations made. 25 Paragon Skydiving Club – No response received. 26 NatureScot – No objection to the proposal subject to consideration of their comments in relation to the environmental assets associated with the River Tay. Internal 27 Environmental Health – No objection in terms of noise from uses and plant, or contaminated land subject to compliance conditions being attached to the permission. 28 Development Contributions Officer – No developer contributions required as they have previously been paid, and not returned 29 Transportation and Development – No objection to the proposal in terms of all road related matters, subject to some clarification on the means of servicing the private drainage systems. REPRESENTATIONS 30 Over the two rounds of notification, a total of seven letters of representations have been received, of which all are objecting to the proposal. The main issues raised within the representations are: • Contrary to the Development Plan • Inappropriate design and impact on visual amenity • Impact in residential amenity • Road safety concerns • Noise concerns regarding the workshop
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31 These issues are addressed in the Appraisal section of the report. 32 Within the representations, a number of queries over the applicants’ legal rights to build a house in the position suggested (both as initially proposed and as amended) and the extra ancillary unit have been raised. These focus on whether or not the applicant has the appropriate legal vehicular access rights for ‘two buildings’, and that the location of physical build is contrary to specific locational restrictions imposed on the title burdens when the land was divided up for residential plots. 33 Legal restriction and title burdens will obviously have an impact on the ability of applicants to progress without potential legal challenges, but they are not matters to consider as part of this planning application. It is not appropriate for the Planning Authority to adjudicate on legal conflicts or interpretations, as ultimately the grant of any approval would not supersede any legal obligations or restrictions. In addition to this, the potential for the devaluation of existing property values has been raised within the representations. This also is not a material planning consideration. ADDITIONAL STATEMENTS 34 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations AA completed. No impact, subject to mitigation and suitable measures. Any impact would be comparable to that of the previous permissions. Design Statement or Design and Access Statement Design statement submitted Report on Impact or Potential Not required APPRAISAL 35 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 LDP2 and statutory SPGs. 36 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 non-statutory policies and supplementary guidance, as well as consideration of the site’s recent planning history. The latter being a significant material consideration.
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Policy 37 In terms of land use, there are relevant policies contained in all parts of the Development Plan. 38 In terms of the NPF4, Policies 1 (Tackling the climate and nature crises) and 2 (Climate mitigation and adaptation) both look to ensure that all developments consider climate change and the effect that they may have on the environment. Policy 3 (Biodiversity) looks to ensure that biodiversity enhancements are included as part of new developments, and not just mitigation. Policy 4 (Natural Places) looks to protect our environmental assets, whilst Policy 9 (Brownfield, vacant and derelict land and empty buildings) offers support for new development on greenfield land, providing the proposal complies with the relevant LDP policies. Policy 14 (Design, quality and place) looks to ensure that all new developments are of a high design standard, whilst Policy 16 (Quality Homes) looks to promote quality new homes across the country. Policy 17 (Rural Homes) offers support for new homes in the countryside in certain circumstances, whilst Policy 22 (Flood Risk management) looks to ensure that new development is not affected by flood risk and does not create additional flooding off site. 39 In terms of the LDP2, the site is located within the landward area where Policies 1 (Placemaking), 19 (Housing in the Countryside), 38 (Environmental Sites), 41 (Biodiversity), 47 (River Tay Catchment), 56 (Noise) and 60 (Transport Standards) are all directly applicable. 40 Policy 1 looks to ensure that all new developments do not have an adverse impact on the area concerned. Policy 19 is the LDP version of the Housing in the Countryside Policy and needs to be read in conjunction with the associated SPG. Policies 38 and 47 looks to protect environmentally sensitive sites from inappropriate new development, and Policy 47 is specific to the River Tay. Policy 41 looks to protect both local and protected wildlife and their habitats, and to ensure that a full consideration is made during the assessment of planning applications. Policy 56 looks to protect noise sensitive receptors from noisy uses and that suitable mitigation measures are secured and delivered. Policy 60 looks to ensure that all road related matters accord with both the Council’s policy. 41 In terms of SPG, the Council’s policies on Housing in the Countryside, Developer Contributions, Placemaking and Flooding are applicable. Land Use Acceptability 42 Whilst the previous planning permission on this site has expired, the recent timeline of that permission is a significant consideration for the assessment of this current application. The site is a natural infill opportunity between two existing properties, and support for this type of new housing opportunity in the countryside is provided by all parts of the Development Plan. Whilst there has been a significant change in the Development Plan since the 2019 planning
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permission was approved via the introduction of the NPF4, there has not been a significant change in policy towards new housing in the countryside in relation to infill sites between two existing homes which are themselves part of a wider building group. It remains the case that when the site is comparable in size to its neighbours, reasonably well contained with natural features and would not result in visual or residential amenity harm to the area then support should be forthcoming. 43 For this proposal, as was the case in 2019, the proposal accord with all these key criteria. 44 In terms of the ancillary accommodation, and the new (domestic) workshop, element neither would be considered a particular alien in a rural context for large homes, and these two separate elements do not raise any issues in principle – subject to controls over their use, and the level of noise generated. The ancillary accommodation is close to the principal dwelling and is of a scale with is ancillary to the main use which are the key principles of the Council’s non-statutory Planning Guidance on Ancillary and Annex Buildings. 45 In terms of the proposed garden room, this is a very small structure which is located within an area previously identified as garden ground. It would have little visual or residential amenity impact on neighbour properties. It also needs to be borne in mind that if the garden room was not approved now its size and location is such that it would be permitted development in ordinarily instances if it was associated with an occupied dwelling. 46 In all, the proposed land uses raise no issues with the Development Plan. Visual Amenity, Design and Layout 47 Within the representations, several of the comments relate to the placement of the dwelling further towards the River Tay from the earlier permission. It has also been suggested that there are specific title restrictions which control the position of any physical build, which do not align with what is proposed (even after the amendment). Whether or not this is the case, any legal restrictions would run entirely separate from a planning application. For the purpose of this planning application, the key test of whether or not the location of the building(s) is acceptable or not is whether it would have an adverse impact on the character and appearance of the existing building group, and whether the residential amenity of the closeness neighbours would be adversely affected. 48 The wider site at Seasyde is spectacular. Since the initial approval of two homes was granted, other planning permissions have been applied for over the years and many subsequently approved, which has meant that the original design principles of the site have been slightly watered down, but there has remained a staggered approach to the position of the dwellings along the edge of the Tay.
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49 This proposal will still respect that staggered arrangement, and the position the dwelling has been amended by moving back from almost inline with the property to the west (6m back) to being around 16m back from its frontage, which results in a better relationship with ‘Seabank’ and Russaig House’ – which are either side of the site. This relationship with the existing properties would not result in a development which in particularly incongruous, detrimental to the area or adversely impact on the residential amenity of existing properties. 50 The limited visibility from public areas is also a consideration. The initially submitted proposal would have directly affect some of the views from inside ‘Seabank’ eastwards across the River Tay toward Dundee. Some windows and internal arrangements of Seabank were specifically tailored to try and capture these as much as possible, on the assumption that development on this site would be perhaps further north – an equal point between Seabank and Russaig House. The movement of the dwelling some 20m further back into the site has to some degree addressed this issue, but it does need to be borne in mind that the loss of a personal private view is not a planning consideration. 51 In terms of the ancillary building, and its relationship to the neighbour only two bathrooms face east (one for the workshop and one for the accommodation unit), and one rooflight. This combination would not ordinarily be considered unacceptable in terms of the potential for overlooking. New boundary treatments along this, and the other mutual boundaries would also help to reduce the potential for direct impacts. 52 In terms of the overall design of the dwelling, the three other properties recently built are all of different designs. The design of the current dwelling is perhaps more contemporary than some others, however this alone is not a reason for refusal and the NPF4 does promote innovation designs of a high standard. The proposed finishes are of a high quality, and in this type of location a contemporary style house design is considered to work reasonably well. 53 In all the proposal raises no issues with any of the Placemaking or Design related policies of the Development Plan. Residential Amenity 54 In terms of being able to provide a suitable level of residential amenity for future occupiers of the dwelling, the proposal raises no concerns. The plot is large and there would be a significant level of usable private amenity space for future occupiers of the dwelling to use. 55 In terms of impacting on existing residential properties, on each side of the site are existing properties. With the movement closer to the River Tay than previous planning permissions, the distance to the mutual boundaries has increased slightly from the relationship that the 2019 permission had with the neighbours. The terms of the 2019 permission included specific conditions which looked to
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amend the eastern elevation to try and reduce the potential for overlooking to occur. 56 This amended proposal has a slightly different relationship with the neighbours, with windows on the eastern elevation over 20m away from the boundary, and at that distance the potential for unacceptable levels of overlooking or loss of privacy to occur is reduced significantly. It is noted that a balcony feature is proposed, and this area would have a degree of visibility to the east, however it would be at a distance which again would not be considered unreasonable. It would also be the case that any visibility arising from the balcony would be directed to lower portion of the eastern neighbour’s garden with visibility to immediate garden area adjacent to the property largely shielded from vision. 57 To the west, there is a closer relationship between existing and proposed. The garden area of the neighbour is around 14m away from the proposed dwelling, with the dwelling to dwelling separation around 27m. Whilst these distance align with the guidance of the Placemaking Guide, the separation distance of around 14m to the mutual boundary does mean that there is a far closer relationship with the western neighbour, than to the east. 58 14m does meet with the Council’s standards, however in a rural area it would typically be expected that a greater degree of privacy for private amenity space would be delivered. The principal area of interaction that could cause a concern is a large first floor window which serves the main bedroom. Restricting this window to a higher-level window would go some way to reducing the potential for impression of overlooking to the property to the west (Condition 11). Large windows and views would still be available through the principal windows facing south elevation, so this slight amendment would not detract significant to the visual value of the room. Suitable new boundary treatments and planting would also help to reduce interaction at ground level, and this is subject to conditional control (Condition 13). 59 In terms of potential nuisance, there are two areas to consider, the domestic workshop and proposed heat pump systems. In terms of the workshop, the applicant has indicated that the workshop is not to be commercial and will be used for ‘hobby’ carpentry. Domestic power tools are not likely to result in unacceptable levels of noise, but their use can be controlled by a standard compliance condition in relation to noise levels (Condition 9). The proximity of between the workshop and the principal dwelling would also control noise levels, and timings of activities to some degree. 60 In relation to the heat pumps, there is mention to the use of air/ground source heat pumps within the planning submission but limited details on the location of the plant and equipment. In principle, neither system should adversely affect residential amenity if properly installed and suitably sited, and renewable systems for heating is generally encouraged by the Development Plan and Scottish Government climate change ambitions. Conditions are attached which will seek clarification on the means of heating systems, and any approved details
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would need to comply with the noise limits condition also (Condition 9). Subject to this, the proposal will align positively with the requirements of Policy 56 of the LDP2. Roads and Access 61 The proposal raises no issues in terms of the means of access to the site, and internal parking and turning provision – both in relation to the principal dwelling, and the associated ancillary accommodation unit. The site is served by a long, surfaced private access and maintenance responsibilities will be a civil matter between the parties involved. Legal rights for an ancillary accommodation unit to be access via the shared access would also be a civil matter. 62 The proposal therefore raises no issues in relation to Policy 60 of the LDP2. Drainage and Flooding 63 The area is served by private drainage, and the principles of acceptable technical details of both the foul drainage and surface have already been approved through the terms of the extant permission, and what has been installed for the other three completed dwellings within the wider site. Nevertheless, for completeness, it is recommended that conditions are attached to ensure that the final details of the proposed drainage arrangements (foul and surface water) are submitted for the further approval in writing by the Council as Planning Authority (Condition 4). Subject to this, the proposal raises no issues with various drainage and flooding related policies across the Development Plan. 64 In terms of flood risk, it has been established previously that the site is outwith an area of flood risk. It is noted that one of the representations has mention that part of private access floods. There is a small area of known surface water flooding identified on the SEPA flood maps just north of Seaside Farm Cottages, and another short area close to the junction with the public road. As the existing private access already serves a number of residential properties, it would be unreasonable for this issue to influence the outcome of this planning application particularly when this issue appears to be historic and already affects a number of other properties. An informative note is however recommended to alter the applicant to the fact that part of the private access may be affected by water at certain times, and they should do their own due diligence over the risks involved. 65 Subject to this, the proposal aligns with the relevant flooding and drainage policies contained within the Development Plan. Waste Collection 66 It is understood that the collection of waste and recycling bins takes place near to the end of the long private access and not at the junction with the public road. To ensure that there is suitable space for the bins associated with this proposal, clarification on the means of bin storage and presentation areas will be sought
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via condition. It is however expected it will be similar to the arrangements for the recently constructed new dwellings of Seabank, Russaig House and Carthagena Cedars – who all share the same private vehicular access. Conservation Considerations 67 There are some listed buildings within the area to the east, however this development would not be located within their wider setting. The proposal raises no issues with the relevant cultural heritage policies across the Development Plan. Impact on the River Tay’s Environmental interests 68 The proposal is adjacent to the Firth of Tay and Eden Estuary Special Protection Area (SPA) classified for its breeding marsh harrier and little tern, and its non- breeding bar-tailed godwit, common scoter, cormorant, dunlin, eider, goldeneye, goosander, grey plover, greylag goose, red-breasted merganser, redshank, sanderling, shelduck, velvet scoter and waterfowl assemblage. The proposal is also adjacent to the Firth of Tay and Eden Estuary Special Area of Conservation (SAC) designated for its intertidal sand/mudflats, subtidal sandbanks and estuary habitat as well as its harbour seals. 69 However, there have been a number of previous planning applications in the area over the years and the likely impacts on the designations, habitats and species associated with the River Tay’s environmental assets are known well and understood. Subject to conditional controls over drainage (for pollution issues), construction related pollution, and the timings of certain parts of the development, the impact on the River Tay and its habitats and species can be controlled so that limited impacts occur (Conditions 5, 6 and 7). The Council has carried out an Appropriate Assessment in relation to the impact in the SAC/SPA, and is satisfied that there would be no significant impact on the SAC/SPA. The proposal raises no issues with either the Habitat Regulations, or the various nature conservation policies of the Development Plan. An informative note for the applicant to make contact with Tayside Raptor Group to discuss possible new locations of breeding marsh harrier sites is also recommended. Natural Heritage and Biodiversity 70 As stated above, during the consideration of previous planning applications in the area, it was found that the biodiversity interest in this site and the wider development of the new residential plots would be limited to the impact of new drainage proposals, and potential noise and disturbance to birds associated with the marsh and reed beds areas immediately adjacent to the River Tay. These impacts are all controllable through conditional control and good practice measures, such as the introduction of a CMS. 71 In terms of the biodiversity value on the principal part of the site, away from the reed and marshy edges of the River Tay, the site is largely unkept grass with a
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low biodiversity value. However, the NPF4 looks to ensure that all new developments look to provide a degree of betterment and enhancement for biodiversity and in this regard, there will be conditional requirements for 2 bat and bird nest boxes to be sited within the curtilage of the dwelling, and for new planting to take place which is both biodiversity friendly and native species (Condition 14). As no trees will be removed to accommodate the dwelling and the ancillary buildings, the requirement for new tree planting will ensure that there will be an enhancement to biodiversity as opposed to just mitigation measures. Subject to these conditional requirements, the proposal is considered to be inline with the requirements of the biodiversity requirements of the Development Plan. Low and Zero Carbon Generating Technologies 72 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. NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ also requires that development should be designed to reduce green gas emissions. A condition is therefore recommended to ensure that the requirements of Policy 32 of the LDP2 are met (Condition 15). Contaminated Land 73 Previous planning permissions in the area have highlighted the close proximity of the site to a former steading, and the need to ensure that the proposed residential sites are fit for the use proposed. Some technical work has been undertaken previously, for completeness the Council’s standard condition in relation to contaminated land is recommended to ensure that the proper due diligence takes place. Developer Contributions 74 Whilst the previous planning application has expired, the developer contributions paid in relation to that application have not been returned. As this development does not increase the number of residential units, there is no requirement for any additional developer contributions. Economic Impact 75 The proposal would have limited economic impact, and any impact would be limited to the construction phase. VARIATION OF APPLICATION UNDER SECTION 32A 76 None made.
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PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 77 None required. DIRECTION BY SCOTTISH MINISTERS 78 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application. CONCLUSION AND REASONS FOR RECOMMENDATION 79 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, the LDP2 and statutory SPG. Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. The proposal is therefore recommended for approval. RECOMMENDATION Approve the application subject to the following conditions: 1. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason: To ensure the development is carried out in accordance with the approved drawings and documents. 2. 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. 3. Prior to the commencement of the development hereby approved, details of the specification and colour of all wall and roofing finishes proposed to be used shall be submitted to and approved in writing by the Council as Planning Authority. The approved details shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason: In the interests of protecting the visual amenity of the area
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4. Prior to the commencement of any development hereby approved, precise details of the proposed foul drainage arrangement shall be submitted to and approved in writing by the Council as Planning Authority. The approved details shall thereafter be implemented in full. Reason: In order to ensure that the site is adequately drained and that there is no adverse impact on the environmentally interests of the River Tay. 5. Prior to the commencement of the development hereby approved, a timetable for all construction and noise generating construction activities shall be submitted to and approved in writing by the Council as Planning Authority, in consultation with NatureScot. The timing of the construction phase and noise generating construction activities must take into account the breeding season of the bearded tit. The approved timetable shall thereafter be implemented in full. Reason: In order to protect the breeding grounds of a schedule 1 species of the Wildlife and Countryside Act 1981 6. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day. Reason: In the interest of proper site management. 7. Prior to the commencement of the development hereby approved, a detailed Construction Method Statement (CMS) shall be submitted to and approved in writing by the Council as Planning Authority. The CMS must identify measures to prevent harmful materials entering the River Tay SAC, which could reduce water quality and lead to a damaging impact on the salmon, otter and lamprey interests. The CMS should include the following: (a) pollution prevention safeguards including drainage arrangements and the possible use of siltation traps, settlement tanks and bunds (b) storage and disposal of materials including the siting of stock piles, use of buffer strips and disposal methods (c) construction site facilities including extent and location of construction site huts, vehicles, equipment, fuel, chemicals and materials compound (d) timing, duration and phasing of construction particularly in relation to salmon and lamprey migration/spawning. The CMS and mitigations as agreed shall be fully implemented as part of the planning permission.
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Reason: In order to protect the environmental interests of the River Tay during the construction phase 8. Prior to the commencement of the development hereby approved, a scheme to deal with contamination on the site shall be submitted to and approved in writing by the Council as Planning Authority. The scheme shall contain details of proposals to deal with contamination to include: I. the nature, extent and type(s) of contamination on the site II. measures to treat/remove contamination to ensure the site is fit for the use III. proposed measures to deal with contamination during construction works IV. condition of the site on completion of decontamination measures Before the dwelling is occupied the measures to decontaminate the site shall be fully implemented as approved by the Council as Planning Authority, and verification of any required mitigation measures submitted. Reason: In order to ensure the site is fit for the used proposed. 9. All plant or equipment associated with any a) ground source heat pumps, b) air source heat pumps and c) machinery within the workshop hall 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 order to protect existing residential amenity 10. All uses within the ancillary building shall be for directly associated with the principal dwelling. For the avoidance of doubt, this means the workshop shall not be used for any commercial purposes and the accommodation shall not be occupied as the main or sole resident of any occupant and shall only be occupied by friends and family associated with the occupiers of the principal dwelling, and not used for the purposes of a short term let or any other form of holiday accommodation. Reason: In order to clarify the terms of this planning permission. 11. The large window at first floor level on the west elevation serving the main bedroom is not approved. Prior to the commencement of the development hereby approved, a revised elevation and floor plan which shows a high level window which reduces the potential for direct overlooking to Seabank shall be submitted to and approved in writing by the Council as Planning Authority. The approved details shall thereafter be implemented in full with no other alterations permitted to the western elevation thereafter. Reason: In order to protect existing residential amenity.
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12. Prior to the commencement of the development hereby approved, precise details of any a) air source heat pump or b) ground source heat pump system shall be submitted to and approved in writing by the Council as Planning Authority. The approved systems shall thereafter be implemented in full, and must comply with the sound requirements listed in Condition 9 of this decision notice. Reason: In order to clarify the terms of this planning permission, and to protect existing residential amenity. 13. Prior to the commencement of the development hereby approved, a detailed scheme which shows all boundary treatments and new tree planting shall be submitted to and approved in writing by the Council as Planning Authority. The details must include new tree planting to provide for biodiversity enhancement, and include species which are both native and biodiversity friendly. All the details shall be implemented in full prior to the first occupation of the dwelling, and any planting which falls to become established within 5 years shall be replaced on a like for like basis within the next available planting season. Reason: In order to protect existing residential amenity, and to provide biodiversity enhancement. 14. Prior to the first occupation of the dwelling, two bat boxes and two bird nesting boxes shall be installed within the curtilage of the dwelling. All the boxes shall be installed and sited in accordance with the requirements of the Scottish Wildlife Trust. After installation, the boxes shall be retained in a usable condition thereafter. Reason: In order to ensure that a biodiversity enhancement is provided. 15. Prior to the commencement of the development hereby approved, a statement which demonstrates how the Proposals will deliver at least 10% of the current carbon emissions reduction set by Scottish through the installation and operation of low and zero-carbon generating technologies shall be submitted to and approved in writing by the Council as Planning Authority. The principles contained in the statement shall thereafter be implemented in full. Reason: In order to comply with Policy 32 of the adopted Perth and Kinross Local Development Plan 2 (2019). 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 applicable.
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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. The applicant should be aware of the comments made by NatureScot in their response dated the 2 May 2024. Particular note should be given to the need to contact the Tayside Raptor Group at an early stage. Background Papers: 7 letters of representation Contact Officer: Andrew Baxter Date: 29 November 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING