24/01440/Fll
Perth and Kinross Council · 12 February 2025
Back to Planning and Placemaking Committee — 12 February 2025 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee – 12 February 2025 Report of Handling by Strategic Lead: Economy, Development and Planning (Report No. 25/32) PROPOSAL: Change of use of flat to short-term let accommodation unit in retrospect LOCATION: Flat 3, 7 Brae Street, Dunkeld, PH8 0BA Ref. No: 24/01440/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. Background and Description of Proposal 1 Planning application is retrospective in nature and relates to the change of use of a 2-bedroomed flat into a short-term letting facility. 2 The flat is located within the upper floor of a two storey high (plus basement to rear), stone-built end-terrace block, situated on the southern side of Brae Street, within the designated Dunkeld Town and Neighbourhood Centre. As the street name suggests, the property is set on a steep incline on a hill heading eastwards out of the town; the ground to the rear slopes downwards and has views to the south towards the River Tay. 3 The building is Category C Listed and within the Dunkeld Conservation Area. 4 Access to the ground and upper floors is via a communal stairwell and steps from Brae Street. The one bedroomed garden basement (flat 1), also within the applicant’s ownership, has a separate direct means of access from the rear of the property. It has recently obtained a Certificate of Lawfulness to formalise its use as a short-term let - 24/00541/LAW refers. 5 It is understood that Flat 3 has operated as a short time let previously, then reverted to mainstream residential use until the ownership changed in 2021.
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Since then, both of the short-term lets have been associated with and managed by the Taybank Hotel, the grounds of which border immediately to the south. 6 A separate Licence has been granted under the Civic Government (Scotland) Act 1982 for the short-term let – 24/01549/LIC refers. Site History 7 24/00541/LAW was approved on 7 June 2024. This relates to the basement (Flat 1) property within the building and to regularise its continued use for short-term letting purposes. Sufficient evidence was provided with the Certificate of Lawfulness to indicate that the unit had been operating as a short term let for a period of 10 years or more. Environmental Impact Assessment 8 The proposal is not EIA development. Pre-Application Consultation 9 No pre application advice was sought. 10 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 11 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 12 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. 13 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 7: Historic Assets and Places • Policy 14: Design, Quality and Place • Policy 27: City, Town, Local and Commercial Centres • Policy 30: Tourism
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Perth and Kinross Local Development Plan 2019 14 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. 15 The principal relevant policies are, in summary; 16 Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 10: Town and Neighbourhood Centres • Policy 27A: Listed Buildings • Policy 28A: Conservation Areas: New Development • Policy 56: Noise Pollution • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 17 • Supplementary Guidance - Placemaking (adopted in 2020) PKC Non Statutory Guidance 18 • Conservation areas • Planning Guidance - Change of Use of Residential Property to Short- term Let National Guidance 19 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 20 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 68 Design Statements • PAN 71 Conservation Area Management • PAN 75 Planning for Transport • PAN 77 Designing Safer Places
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Creating Places 2013 21 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 22 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 23 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 24 As part of the planning application process the following bodies were consulted: External 25 Dunkeld and Birnam Community Council - Have made reference to the issues identified within Dunkeld, Birnam & District’s, Community Action Plan (CAP). This Community Action Plan was a result of the multi-agency supported Community Development Trust’s efforts in engaging and harnessing the views of the local community into what issues matter in their (PH8 sector) area. It also considers associated priorities, projects and actions over a 5 year period. Second in the list of six strategic themes is ‘Housing for All’, which raises concerns about the lack of affordable housing in the area. Top of the list of priorities for action is to have fewer short term lets and second homes. The Community Council have also noted the over provision of second or holiday accommodation and need to implement a short-term let control area. The CAP is a material consideration, but does not carry the same weight as Development Plan policy. 26 Other matters such as the number and likely use of other residential properties within the ownership of the applicant locally, have no bearing on the determination of this submission. If other properties are being used for short-term lets, then they will require a Licence and would be subject of the usual assessment as to whether any other formal permission is required. If any properties may be operating without the relevant permissions, then potential breaches can be pursed separately; the disclosure of which would help assist
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with updating records of STL’s and help guide future policy making. In respect of other procedural matters, the agent has forwarded fresh application forms to reflect the recent business name change of ‘Lovesushi Ltd’ to ‘Arach Ltd’. Internal 27 Environmental Health (Noise Odour) - As the development is for a holiday accommodation unit, there is the potential for noise from the users of the property to affect neighbouring residential properties, however due to the introduction of Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022, these will be required to be licensed, and noise conditions will form part of the licence. 28 Communities Housing Strategy - NPF4 Policy 30: states that Development proposals for the reuse of existing buildings for short term holiday letting will not be supported where the proposal will result in: i. An unacceptable impact on local amenity or the character of a neighbourhood or area; or ii. The loss of residential accommodation where such loss is not outweighed by demonstrable local economic benefits 29 The council adopted non-statutory planning guidance for the Change of Use of Residential Property to Short-Term Let on 1st November 2023 to aid implementation of the above policy in Perth and Kinross. Consideration 6 pertains to the potential loss of residential accommodation and whether the change of use will be outweighed by the benefit to the local economy. 30 The Local Housing Strategy 2022-27 includes an action to develop planning policy through Local Development Plan 3, where appropriate, for STL Control Areas. 31 The property to which this application refers, is in an area of housing pressure. Short-term letting is one of several contributors to housing pressure in this area and as such, the economic benefits should be considered as to whether these outweigh the loss of residential accommodation in the area. Representations 32 7 representations were received, with 6 objections. The main issues raised within the representations are: • Inappropriate use • Retrospective nature • Noise • Already a high overprovision of short-term lets and second homes • Lack of affordable housing
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• Out of character with the area • Contrary to policy • Limited economic gain to justify use • Will result in other flats being bought and used as short-term lets • Lack of any designated parking provision • Difficulties with access on steep brae • Applicant has multiple properties/business interests 33 The last point is not considered a valid planning objection to the application being considered. 34 The other issues are addressed in the Appraisal section of the report. 35 Three letters in support of the proposals were received, as part of the application submission and not independently submitted following the applications advertisement/notification process. As such they are not included as responses received. Additional Statements 36 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed – AA not required Design Statement or Design and Access Statement submitted Report on Impact or Potential Impact e.g. Flood Risk Assessment not required Appraisal 37 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 identified elsewhere within the report. 38 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
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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. Change of Use and Residential Amenity 39 Placemaking policies 1A and 1B are applicable as is policy 10, City, Town and Neighbourhood Centres of LDP2, together with 14, Design, Quality and Place and 27 City, Town, Local and Commercial Centres of NPF4. 40 These policies essentially seek to maintain and enhance residential amenity levels and to support proposals which contribute to the mix, character, vitality and viability of town and neighbourhood centres. 41 Policy 30, part (e) Tourism within NPF4 echoes the need for development to be compatible with its surroundings and forms the most relevant, up to date policy advice, indicating that proposals for the reuse of existing buildings for short term holiday letting will not be supported where the proposal will result in: i. An unacceptable impact on local amenity or the character of a neighborhood or area; or ii. The loss of residential accommodation where such loss is not outweighed by demonstrable local economic benefits. 42 With regard to Criterion (i), the proposal is for a change of use of a 2-bedroom upper floor flat, within a building containing 4 residential units; the basement property of which is already operating as a STL. No objections to the proposals have been received from any immediate neighbours, indicating it would appear that the present arrangements have not resulted in any adverse amenity issues in respect of noise or disturbance. The flat is accessed via a shared entrance onto Brae Street and communal internal flight of stairs. This is the only aspect however which is shared, as waste arrangements are dealt with by the hotel. The use of the property as a short term let has, and will, result in footfall associated with guests staying at the property; this is unlikely however to be at levels that are significantly different from the footfall – or impacts associated with the former use as a residential flat. 43 As the layout and access arrangements for the unit remain unchanged, the proposed use of the property as a short term let should not result in any undue levels of disturbance or noise. The agent has also provided supporting information to demonstrate how the unit is linked to the Taybank Hotel and is/shall be managed on a day-to-day basis. 44 While housekeeping matters and meal deliveries would create additional footfall, this is limited in scale and effectively no different to a residential property getting deliveries or engaging a domestic service. As Environmental Health Officers have noted, noise levels will in any event be regulated via the need for a licence.
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Accordingly, no adverse impacts are envisaged to the character of the area or established residential amenity levels. 45 In respect of criterion (ii) of NPF4 Policy 30(e), the proposal has resulted in the loss of a flat to short term let accommodation within Dunkeld town centre. It is acknowledged that the representations have raised valid concerns in respect of the lack of affordable housing provision and the high provision of second homes and STLs in the local area. Communities Housing Strategy have confirmed that Dunkeld is an area of housing pressure and that the future LDP3 will aim to develop policy with a view to help address any imbalance. There is no guarantee however as to the property ever being viewed as “affordable”, irrespective of the current use, given the town centre premium location and attributes of the Listed Building in which located. 46 The remaining assessment in terms of policy 30 (e) acceptability, therefore is whether, or not, the loss of another mainstream residential unit is outweighed by demonstrable economic benefits. 47 The supporting evidence provided and proximity of the STL to the Taybank Hotel and physical links in terms of parking, checking in/out, meals, management and interconnecting paths, is sufficient to demonstrate that there is an established relationship between the flats and the hotel, with a strong demand for visitor accommodation that necessitated the need for additional room provision. The loss of a flat is regrettable, but on balance, supportable, given the site context and economic contribution made to an established business and wider local area. 48 The proposal therefore accords in principle with NPF4 Policy 30(e): Tourism, and the intent of NPF4 Policy 27: City, Town, Local and Commercial Centres, as well as LDP2 Policies 1A & 1B: Placemaking and 10: City, Town and Neighbourhood Centres. Listed Building, Conservation Considerations and Visual Amenity 49 As the proposal relates to a Listed Building within the Dunkeld Conservation Area. Policy 7: Historic Assets and Places of NPF4 and 27A: Listed Buildings of LDP2 are relevant as they seek to ensure that any proposal which affects a Listed Building or its setting should be appropriate in terms of character, appearance and setting. Policy 28A (Conservation Areas) of the LDP2 also requires development within a Conservation Area to be of a standard which preserves or enhances its character or appearance. 50 No internal or external alterations are proposed. Given the lack of any physical change to the fabric of the building or Conservation Area, the proposals will make no difference to the visual appearance or character of the building or area in which it is located. The application is therefore acceptable in respect of LDP2 Policies 1A: Placemaking, 27A: Listed Buildings, 28A: Conservation
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Areas, and NPF4 Policies 7: Historic Assets and Places, and 14: Design, Quality and Place. Roads and Access 51 There are no designated parking spaces besides the flats. This is the case for the other residential units. Confirmation has been received that those patrons who travel by car can use one of the designated hotel parking bays located off Tay Terrace. Notwithstanding, there is a range of on and off-street parking available elsewhere within the town including the North and Tay Terrace Public Car Parks, and on-street at Bridge Street, Atholl Street and High Street. 52 As the proposals raise no issues or change in provision, no formal transportation consultations have been undertaken. The application site is also within convenient walking distance of the main road and links to public transport options. In these respects, the proposal accords with NPF4 Policy 13: Sustainable Transport and LDP2 Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals. Drainage and Flooding 53 There are no changes to existing connections or known issues relating to drainage or flooding at the site. Waste Collection 54 Although there will be waste storage arrangements in place at the building; plans indicate that the bins associated with both STL’s are located beside the hotel and will be dealt with as per present arrangements for the commercial operations. As such, there are no adverse waste collection impacts on properties in Brae Street. Other Material Considerations 55 Planning Guidance short-term lets (STLs) has recently been produced due to concerns expressed over the impact of STLs on services, local business staffing and expansion, as well as housing affordability. The Guidance was formally adopted by the Council on 1 November 2023 following consultation during Summer 2023. The adopted Guidance forms the most up-to-date indication of Council policy intent on the matter, and as such is a material consideration in addition to other policy factors and supplementary guidance in the assessment of the proposals. 56 The Guidance acknowledges that while short-term lets can bring economic benefits to the host and local areas, and that this must be balanced against the impact the loss of that residential property has on the availability of housing for local people.
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57 Six considerations have been outlined within the Guidance to assist in the application of the policy framework set out in NPF4. The considerations include location, larger residential properties, refurbishment of long-term empty properties, local amenity and character, business diversification, and the relationship between loss of residential accommodation and local economic benefits. The location consideration contains reference to three area types: city and town centres; mixed-use areas within settlements; and predominantly residential areas. 58 In this instance, the application site is set within Dunkeld Town Centre and has a direct connection with an existing commercial enterprise which requires to attract visitors to remain economically viable. As noted previously, the STL use is compatible with the character of the area and does not raise concerns in terms of residential amenity impacts. The loss of residential accommodation whilst having an impact in terms of the local availability of mainstream accommodation, is not irreversible and will assist in bringing ongoing economic benefits to the local area. 59 As such, the proposal accords with the policy intent of the adopted Planning Guidance, in terms of residential amenity, local character and housing availability. Developer Contributions 60 The Developer Contributions Guidance is not applicable to this application and therefore no contributions are required in this instance. Economic Impact 61 The economic impact of the proposal will directly support the Taybank Hotel and through guest expenditure, contribute to the local economy. Variation of Application Under Section 32A 62 This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to confirm land ownership, waste/service provision and parking. Planning Obligations and Legal Agreements 63 None required. Direction by Scottish Ministers 64 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions
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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 65 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. 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. The development hereby approved shall be used solely for holiday accommodation and shall not be occupied as the sole or main residence of any occupant. Reason – In order to clarify the terms of the permission; to control and restrict the use of the building. 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 None. Informatives 1. Part of the approved development includes holiday accommodation or Short- term Let accommodation (STL). The developer is advised that holiday accommodation and STLs require to be licensed under the terms of Article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-terms Lets) Order
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2021 and therefore a licence application should be made to Perth and Kinross Council prior to operation commencing. Further information and application forms are available at https://www.pkc.gov.uk/shorttermlets. 2. 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 incorporated minor changes in the interest of accuracy. Background Papers Letters of representation 7 Authors Name Designation Contact Details Alma Bendall Planning Officer 01738 475300 Approved Name Designation Date Paul Williamson Team Leader 29 January 2025