23/01876/Fll
Perth and Kinross Council · 13 March 2024
Back to Planning and Placemaking Committee — 13 March 2024 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee – 13 March 2024 Report of Handling by Strategic Lead – Economy, Development & Planning (Report No. 24/77) PROPOSAL: Change of use of building to dwellinghouse and associated works LOCATION: Land 15 Metres South East Of Woodbine Cottage, Duncrievie, Glenfarg Ref. No: 23/01876/FLL Ward No: P8- Kinross-shire Summary This report recommends approval of the application subject to the settlement of necessary developer obligations relating to transportation infrastructure as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. BACKGROUND AND DESCRIPTION OF PROPOSAL 1 The proposal is for the renovation of the disused Millgang former mill building for residential use. Millgang is an end of terrace former mill building located on the east side of the hamlet of Duncrievie. It is a stone building with pitched corrugated metal roof. A previous planning application (23/00815/FLL) for a similar proposal was withdrawn in order to amend the foul drainage details. A slight change to the red line site boundary was made to accommodate this and to take account of comments made by neighbouring properties about land ownership and the shape of the site. Pre-Application Consultation 2 Pre application Reference: None. 3 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 4 The Development Plan for the area comprises National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2 (2019) (LDP2).
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National Planning Framework 4 5 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. 6 NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 7 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 7: Historic Assets and Places • Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings • Policy 13: Sustainable Transport • Policy 17: Rural Homes • Policy 22: Flood Risk and Water Management Perth and Kinross Local Development Plan 2 8 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. 9 The principal relevant policies are: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 19: Housing in the Countryside • Policy 27A: Listed Buildings • Policy 31: Other Historic Environment Assets • Policy 39: Landscape • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy • 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
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Statutory Supplementary Guidance 10 Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2020) · Supplementary Guidance - Placemaking (adopted in 2020). OTHER POLICIES 11 Non-Statutory Guidance. • Planning Guidance - Planning & Biodiversity NATIONAL GUIDANCE 12 The Scottish Government expresses its planning policies through The National Planning Framework, Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. Planning Advice Notes 13 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 14 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 15 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places.
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National Roads Development Guide 2014 16 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. SITE HISTORY 17 92/00188/FUL Full Planning Permission was Refused On 10 April 1992 for Erection of house – in principle. 18 22/00038/FLL Full Planning Permission application was Withdrawn On 15 March 2022 for Change of use from building to dwellinghouse and associated works. 19 23/00815/FLL Full Planning Permission application was Withdrawn On 8 November 2023 for Change of use from building to dwellinghouse and associated works. CONSULTATIONS 20 As part of the planning application process the following bodies were consulted: External 21 INEOS FPS: No objection received. 22 Scottish Water: Capacity in Glenfarg Water Treatment Works for water supply. There is no Scottish Water Waste Water infrastructure in the vicinity. Private treatment options are required. 23 Scottish Environment Protection Agency: The applicant should familiarise themselves with SEPA guidance around Controlled Activities Regulations. Internal 24 Development Contributions Officer: No education contributions are required. A Transport Infrastructure contribution is required of £2,742. 25 Transportation And Development: No objection. Requested clarification on whether the applicant has a right of access across the private access track. Parking provision accords with National Roads Development Guide. 26 Environmental Health (Contaminated Land): No adverse comments to make. A search of historic records did not raise any concerns regarding ground contamination. 27 Glenfarg Community Council: Comments made on design and other aspects of the development.
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Representations 28 10 representations were received. This included objections from 8 separate households and one neutral comment from the Community Council. The issues raised within the representations are: • Design • Residential Amenity • Traffic and Road Safety • Parking • Impact on Biodiversity • Foul Drainage • Disturbance during construction • Landownership 29 The Glenfarg Community Council commented on the proposals expressing concern with the design, potential overlooking of adjoining properties, location of the septic tank, landownership, the water supply and impact on wildlife. 30 The material planning considerations raised are addressed in the Appraisal section of the report. Comments made relating to landownership are not a material planning consideration. The applicant revised the application site boundaries to account for proposed changes to the siting of the septic tank and foul drainage soakaway and to respond to comments concerning landownership. ADDITIONAL STATEMENTS 31 Screening Opinion EIA Required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal AA Not Required Design Statement or Design and Access Statement Not submitted Report on Impact or Potential Impact eg Flood Risk Assessment Bat survey submitted APPRAISAL 32 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 and the Perth and Kinross Local Development Plan 2019. 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.
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Principle 33 The site lies within the ‘landward’ area in the adopted Perth and Kinross Local Development Plan 2 (2019) and as such the proposal falls to be principally considered against policies relating to housing in the countryside as Duncrievie is not an identified settlement. National Planning Framework 4 (NPF4) Policy 17, Rural Homes, seeks to encourage and promote and facilitate affordable and sustainable homes in the right locations and provides criteria in which proposals for new rural homes will be accepted. Perth and Kinross Local Development Plan 2 Policy 19 ‘Housing in the Countryside’ and its associated 2020 Supplementary Planning Guidance (SPG) on ‘Housing in the Countryside’ acknowledges that opportunities exist for housing in rural areas to support the viability of communities, meet development needs in appropriate locations while safeguarding the character of the countryside as well as ensuring that a high standard of siting and design is achieved. The development of single houses or groups of houses that fall within one of the six identified categories will be supported. 34 In this case section 5, conversion or replacement of redundant non-domestic buildings is relevant. Policy 9 of NPF4 also supports reuse of a redundant or unused building. 35 The principle of the conversion is supported by the above policies. 36 Placemaking and other elements of the detail of the proposal will be considered in the report below. Design and Layout 37 This proposal is for the creation of a single bed dwellinghouse. The sleeping accommodation is to be provided at first floor level with roof windows proposed in the sloping roof plane. 38 Placemaking policies require developments to contribute positively to the quality of the surrounding built and natural environment. Housing in the Countryside “For All Proposals” requires developments to enhance the surrounding environment. 39 The proposal represents a positive use for a building that otherwise would remain unused and represents a relatively low intervention with no raising of the roof or extensions proposed. The proposal will contribute positively to the surrounding area and respects the character of this part of Duncrievie and as such is in accordance with Placemaking policies and criteria in the Supplementary Guidance and NPF4. Landscape 40 There are existing trees across the road from the building within the grounds of Duncrievie House where the foul soakaway is proposed. The proposals do not propose any tree felling. The existing trees are identified on plan no. 07.
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Conditions will be attached to require an Arboricultural Method Statement when working close to the trees as well as details of tree protection measures to put in place during the construction of the development (Conditions 3 and 4). 41 Subject to conditions the proposal is considered to be in accordance with Policy 40A, Forest and Woodland Strategy that seeks to protect existing trees/woodland and to Policy 40B; Trees, Woodland and Development which states that there will be a presumption in favour of protecting woodland resources. Development as proposed has taken account of the existing trees and with appropriate protection and management the trees will be successfully retained for the future. Residential Amenity 42 There has been concern from objectors that the development of the building would result in a loss of amenity from overlooking and general noise and disturbance due to the proximity of the property to existing dwellings. The proposed new dwelling is adjacent to Mill Cottage and to the north of Lermoos. The latter is around 20m to the southwest of the new residential unit which is a sufficient distance to not impact on residential amenity of occupiers of Lermoos. There is an existing rear door on the south side of Millgang and a small ground floor window. These openings are being kept and a new roof window installed. The position of the window in the roof plane (over the internal stairs) would be difficult to access from inside the building so there is minimal scope for overlooking neighbours from it. The area immediately adjacent to Millgang to the south is used for car parking for Mill Cottage with some garden area between that and Lermoos Cottage. This area is generally open to views from the access track and will not be adversely impacted by the development at Millgang. It is considered that there would be minimal overlooking or loss of privacy from this proposed development. 43 The site is small and it is acknowledged that the proposed development has limited amenity space with a small area (5m x 2.5m) indicated as back yard by the door on the south elevation but no area that could be considered as private amenity space. However in this case the proposal is for a small 1 bedroom development that re-uses an existing building. It is not possible to provide the recommended amenity space of 60 square metres as set out in the Placemaking Guide. However, the re-use of the vacant building is sufficient justification to set aside this recommendation. The proposal will not impact adversely on existing residential amenity and will provide sufficient amenity to future occupiers. As such it is in accordance with Policy 1A Placemaking of LDP2 that requires development to respect the character and amenity of a place. Visual Amenity 44 The proposed conversion of the building to a residential use retains the character of the building and will improve the visual amenity of the area by bringing a vacant building back into a productive use.
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Roads and Access 45 A new vehicle access is proposed off the private access road linking the U67 by Duncrievie House to the C420 at Heathfield as per Drawing 04 (Proposed Block Plan). The proposed site plan (Drawing 06) does not detail the red line boundary to the public road network however the applicants have confirmed that they have a right of access across the private access track. 46 The applicant is proposing to provide one car parking space with the dwellinghouse. There have been objections due to the lack of parking however this proposal does meet the requirements of the National Roads Development Guide, where a one bedroomed property shall be provided with a minimum of one car parking space. 47 There have been objections about the impact on traffic and road safety such as on pedestrians and cyclists in the area. However a one-bed property will not impact significantly on the amount of traffic in the area and the network has the capacity to accommodate this development. The proposal complies with Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals of LDP2. Drainage and Flooding 48 A Klargester septic tank is to be located below the proposed driveway to the front of the new property. A storm water soakaway is also proposed in this area. Objectors are concerned that there is insufficient space for the septic tank in this area. However this will require SEPA approval and be subject to a Building Warrant to confirm the exact specification and location. The foul soakaway is to be located in the grounds of Duncrievie House, close to the entrance gates, in an area of woodland. There are trees close by but it is not proposed to fell any to accommodate the soakaway. As mentioned above an Arboricultural Method Statement and details of tree protection during construction will be required by condition (Condition 3 and 4) to ensure that the installation of the drainage infrastructure does not have an adverse impact on the existing woodland thereby complying with Policy 4 Natural Places of NPF 4 and Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development of LDP2. 49 As on the proposal recently approved for a house in Duncrievie House grounds (23/00826/FLL – 10 January Planning and Placemaking Committee) it is proposed to condition submission of further details of the foul and surface water drainage arrangements prior to commencement of development. Therefore subject to conditional control (condition 5) the proposal complies with policy 53B (foul drainage) and 53C (surface water drainage) of LDP. Water supply 50 The applicant has confirmed that the new Scottish Water supply will be used to supply the property with water. No private supply is proposed.
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Waste Collection 51 Space for waste and recycling bins is shown on the proposed site plan to the east of the building. An informative note will be added with regard to Waste Services requirements (Informative 5). Conservation Considerations 52 The property is not listed nor within a conservation area. Policy 31 is relevant which refers to other historic environment assets. The proposal re-uses a historic/traditional asset and accords with policy 31, Other Historic Environment Assets, of LDP2. Natural Heritage and Biodiversity 53 Policy 41, Biodiversity, of 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. 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. 54 A Bat Survey has been undertaken. No maternity roosts were recorded within the site and the survey advises that work can be carried out under a bat low impact (BLIMP) licence. For Licensing purposes, a further bat activity survey will be required. A Bat Protection Plan is also required and the report requires two suitable bat boxes be placed in nearby mature trees prior to commencing work. 55 Jackdaw nests were noted internally in the building, therefore work should avoid Jackdaw nesting season (April to July). 56 Subject to conditions (Conditions 6, 7 and 8) to protect biodiversity and to ensure compliance with the bat survey report findings the proposal is in accordance with Biodiversity policies 3 of NPF4 and 41 of LDP2. Developer Contributions Primary Education 57 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 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. 58 This proposal is within the catchment of Arngask Primary School.
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59 Education & Children’s Services have no capacity concerns in this catchment area at this time. No education developer contributions are required. Transport Infrastructure 60 The Council Transport Infrastructure Developer Contributions Supplementary Guidance requires a financial contribution towards the cost of delivering the transport infrastructure improvements which are required for the release of all development sites in and around Perth. 61 The site is located in the ‘Reduced’ Transport Infrastructure contributions zone (Appendix 3 of the Supplementary Guidance). 62 A Transport Infrastructure contribution of £2,742 is required prior to issuing any planning permission. Economic Impact 63 The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. Other matters 64 Objectors have queried how works to the south side of the building will be undertaken as there is no access on this side other than via Mill Cottage. Access for such works is something for the applicant to agree with adjoining landowners. Access rights for maintenance and other private access matters are generally written into title deeds and it is not a matter that should influence the determination of this planning application. VARIATION OF APPLICATION UNDER SECTION 32A 65 This application was not varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 66 A legal agreement may be required if the applicant opts to delay payment of the required transportation infrastructure contributions. However such a payment would generally be made upfront prior to issuing the Planning Decision Notice. DIRECTION BY SCOTTISH MINISTERS 67 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application.
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CONCLUSION AND REASONS FOR RECOMMENDATION 68 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. 69 Accordingly the proposal is recommended for approval subject to the following conditions. RECOMMENDATION Delegated Approval, subject to the settlement of Developer Obligations and the following conditions: 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. 3. Prior to the commencement of the development hereby approved, a 1:200 site plan which identifies the Construction Exclusion Zone (CEZ) shall be submitted for the written agreement of the Council as Planning Authority. This plan shall ensure all fencing adheres to BS 5837 2012: Trees in Relation to Design, Demolition and Construction. The CEZ as subsequently agreed shall be strictly adhered to during construction of the development. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 4. Prior to the commencement of any works on site a Method Statement for work within any of the Root Protection Areas (RPAs) of the existing trees shall be submitted for the agreement of the Planning Authority. Work within the RPAs shall be undertaken in accordance with the agreed Method Statement. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority.
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5. Development shall not commence on site until details of foul and surface water drainage systems have been submitted for the written agreement of the Council as Planning Authority, in consultation with SEPA where necessary. The surface water drainage scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council's Flood Risk and Flood Risk Assessments Developer Guidance, and shall incorporate source control. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason - To ensure the provision of effective drainage for the site. 6. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document 08 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 employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 7. 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 order to prevent animals from being trapped within any open excavations. 8. An updated bat survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the bat survey approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan.
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Procedural Notes The planning permission decision notice shall not be issued until such time as the required Developer Contributions have been secured or paid in full. In the event the applicant does not either make the required payment within 28 days from the date the agent/applicant is advised of the need for the contributions or complete a legal agreement for delayed payment within a 4 month period from the date the agent/applicant is advised of the need for the contributions the application may be refused under delegated powers without any further discussion with the applicant. 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 ensure they familiarise themselves with the legislative requirements under the Controlled Activities Regulations. More detail on this is provided in section 2 of SEPA's Standing Advice document which is online at sepa-triage-framework-and-standing-advice.pdf. 5. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow for the collection of waste. 6. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk
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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. Background Papers: 10 letters of representation Date: 1 March 2024 DAVID LITTLEJOHN STRATEGIC LEAD – ECONOMY, DEVELOPMENT & PLANNING