3(iv)(b) TCP/11/16(29)

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1 3(iv)(b) TCP/11/16(29) TCP/11/16(29) Planning Application 09/02229/AML Erection of a dwellinghouse, garage with upper floor accommodation and stables (Approval of Matters Specified by Conditions) at land west of North Lodge, Dunning, PH2 0QM PLANNING DECISION NOTICE REPORT OF HANDLING 211

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3 PERTH AND KINROSS COUNCIL Mr And Mrs Marshall c/o Yeoman McAllister Architects 64 Waterside Studios Coltbridge Avenue Edinburgh EH12 6AH (FAO Mark King) Pullar House 35 Kinnoull Street PERTH PH1 5GD Date 12th March 2010 TOWN AND COUNTRY PLANNING (SCOTLAND) ACT Application Number: 09/02229/AML I am directed by the Planning Authority under the Town and Country Planning (Scotland) Acts currently in force, to refuse your application registered on 15th January 2010 for permission for Erection of a dwellinghouse, garage with upper floor accommodation and stables (Approval of Matters Specified by Conditions) Land West Of North Lodge Dunning for the reasons undernoted. Development Quality Manager Reasons for Refusal 1. The proposals, through the introduction of sizeable service buildings would go beyond the terms of the outline planning approval which permitted the principle of a dwelling only. 2. The proposed development, by virtue of the scale of new buildings, design, distribution, extent of proposed domestic curtilage and prominence would fail to accord with the requirements of the Council s Approved Housing in the Countryside Policy and would harmfully affect the amenity of the area and the building group within which the site is set. Such development would conflict with the siting criteria of the Housing in the Countryside Policy and Sustainable Communities Policy 6 of the approved Perth and Kinross Structure Plan (2003) and Policy 1 of the Perth Area Local Plan (1995). Justification The proposal is contrary to policies of the Development Plan and there are no material considerations to justify a departure there from. 213

4 The plans relating to this decision are listed below and are displayed on Perth and Kinross Council s website at Online Planning Applications page Plan Reference 09/02229/1 09/02229/2 09/02229/3 09/02229/4 09/02229/5 09/02229/6 (Page of 2) 2 214

5 REPORT OF HANDLING DELEGATED REPORT Ref No Ward No 09/02229/AML N7 PROPOSAL: Erection of a dwellinghouse, garage with upper floor accommodation and stables (Approval of Matters Specified by Conditions) LOCATION: APPLICANT: Land West Of North Lodge Dunning Mr And Mrs Marshall RECOMMENDATION:refuse the application SITE INSPECTION: 8 February 2010 OFFICERS REPORT: PROPOSALS and SITE This is a proposal for approval of detailed matters reserved by an earlier planning approval ( ref 08/00662/out) for a single house. The current proposals detail a 2 storey dwelling with 1 ½ storey and 1 storey extensions, together with detached triple garage with self-contained 1 bedroom annex accommodation over and the erection of a 3 stall stable block. All new buildings would feature pitched roofs clad in natural slate, smooth cement rendered walls with natural stone featured to base course and as a facing material to some areas on house; and timber windows and doors. The site presently comprises a paddock area of 0.42ha in area. The field is bound to the north by beech hedging, to the west is bordered by young woodland, and to the south by the private lane to Duncrub. Immediately to the east of the site is North Lodge, a single storey, stone and slate residential property with outbuildings( former kennels). The site is situated approximately 1km to the north of Dunning outside any settlement boundary in an area where countryside planning policies apply. 215

6 CONSIDERATIONS As an application for the approval of Matters required by Condition on a Planning permission in Principle it is only the matters reserved by that outline permission which now fall to be considered. They are siting, design and external appearance, landscaping, means of enclosure car parking and means of access. The principle of a dwelling on the land has been acknowledged as consistent with the Development Plan. Other material planning considerations relevant in this instance include the Housing in the Countryside Policy, Landscape impact, and educational Infrastructure. The addition of a detached stable block and triple garage with self-contained annex were not approved in principle as part of the outline planning approval. Housing in the Countryside Policy (2009): The outline consent permitted the principle only of a dwelling on the land. The proposal was considered to comply with Category 1 of the 2005 Housing in the Countryside Policy which provides for the development of sites within established building groups provided that certain criteria is satisfied which included the following : Proposals should not detract from the residential and visual amenity of the group Proposals must respect the character, layout and building pattern of the group The 2005 policy has now been superseded by the 2009 Housing in the countryside Policy. The category relating to development in building groups remains. All proposals are required in terms of scale, layout, design and landscape fit to demonstrate a sympathetic integration with setting and to be reflective of scale and proportion of other buildings in the locality. For the current detailed proposals to find support under the policy the new dwelling, outbuildings and plot would require to be consistent with the requirements above. For the reasons set out below it is considered that the proposals would not accord with the requirements of the Housing in the Countryside Policy 2005 or The proposed plot of 0.42ha is more than 4x the size of the plot at (North Lodge (0.14ha). Although the plot at Blaeberry to the south is of a similar size(0.45ha) much of the land associated with that property is laid out as woodland rather than formal garden areas. The proposed dwelling with a footprint of 266m2 is significantly larger than Blaeberry (170m2) and North Lodge (124m2). The two storey form of new building contrasts with the single storey buildings adjacent The scale of proposed outbuildings contrasts markedly with those existing buildings serving the adjacent dwellings The outline consent also included a condition (condition 6) that the design of the new house should reflect the traditional architectural character of the area. Whilst the 216

7 proposals clearly do incorporate features which are consistent with traditional character, it is the scale of the house overall and the number and scale of outbuildings which are a concern in this instance in this infill setting. Landscape Impact The site is an open grass paddock. The proposal indicates the full area of the plot laid out as curtilage. The site is elevated, positioned at the summit of a land which rises from the south. The site is visible from the County road to the north. The scale of proposed buildings, their distribution across such a sizeable area and the two storey form of new house would all be apparent when viewed from the north. The removal of the trees proposed by application 09/02230/AML would also open the site to view from the south. The contrast with other buildings in the immediate locality, particularly North Lodge, would be evident and would be a harmful change to the appearance and character of the landscape. Educational Infrastructure The Education and Children s Service identify that the proposals would breach the 80% capacity threshold at Dunning Primary school and recommend that a contribution be sought for Infrastructure improvements. The approved Finalised Primary Education and New Housing Contributions has been introduced since the grant of outline consent. It identifies that education contributions will not be applied retrospectively to any site which has a full or outline consent valid at the time the policy took effect (May 2009). The site benefits from a valid outline planning approval granted in That consent remains valid. Accordingly a contribution towards Infrastructure improvements would not be appropriate in this instance. DEVELOPMENT PLAN The adopted development plans that are applicable to this area are the Perth and Kinross Structure Plan 2003 and the Perth Area Local Plan Whilst this is a reserved matters application only, a review of Plan Policies is presented to provide some context for the landscape concerns identified above. Relevant policies are : Perth and Kinross Structure Plan ( 2003 ) Sustainable Communities Policy 6 identifies that in the Lowland area Local Plans will develop housing in the countryside policies for rural housing development which reflect the need to support the rural economy, is well sited and is of a scale and standard of design appropriate to its location. Perth Area Local Plan ( 1995 ) Policy 1 identifies that within the Landward Area, outside of towns and villages proposals or development opportunities will generally be restricted to agricultural, forestry, recreational and tourism proposals for which a countryside location is essential. New developments should satisfy a number of detailed planning criteria which include landscape impact, compatibility with surrounding land uses and satisfactory access. Policy 32 identifies that the Council s policy document on Housing in the Countryside will apply within most of the Landward Area. From a review of relevant policies it may be noted that where new housing in the 217

8 countryside is provided by the Development Plan, proposals will be required to be well sited, of a scale and design appropriate to its location and to accord with the provisions of the Councils Housing in the Countryside Guidance. OTHER POLICIES Supplementary Planning Guidance : Housing in the Countryside Policy ( 2005 ) Guidance on the siting and design of houses in rural areas Developer Contributions ( Infrastructure ) 2009 CONCLUSIONS: The proposals go beyond the terms of the outline approval through the introduction of sizeable curtilage buildings (garage and stable block ) together with self-contained annex. Although the terms of the outline permission are not limited in respect of the house size and plot area, the reserved matters proposals would conflict with the objectives of the Housing in the Countryside Policy and the criteria relating to building with established groups. As an exception to the normal presumption against new housing in the countryside, the building group exception provides for limited new housing on suitable plots which extend the group into definable areas, where new proposals would reflect the existing scale and character, layout and building pattern of the group. The submitted proposals would not achieve this important requirement. In this location the appearance of such sizeable buildings would contrasts markedly with the established character of the building group and would cause visual harm to the amenity of the area. SITE HISTORY 08/00662/OUTErection of a house (in outline) /02229/AMLErection of a dwellinghouse, garage with upper floor accommodation and stables (Approval of Matters Specified by Conditions) CONSULTATIONS/COMMENTS Education And Children's Services Capacity issues at Local Primary School. Contribution towards Infrastructure improvements required. Dave Stubbs - Access Officer No objections but condition required on any planning approval to ensure route of proposed core path maintained free of obstruction during construction process. Scottish Water No objections 218

9 Transport Planning No objections TARGET DATE: 15 March 2010 REPRESENTATIONS RECEIVED: Number Received:0 Summary of issues raised by objectors: n/a Response to issues raised by objectors: n/a Additional Statements Received: Environment Statement Not required Screening Opinion Not required Environmental Impact Assessment Not required Appropriate Assessment Not required Design Statement or Design and Access Statement Not required Report on Impact or Potential Impact Not required Legal Agreement Required: Not required Summary of terms N/a Direction by Scottish Ministers Not required Reasons:- 1. The proposals, through the introduction of sizeable service buildings would go beyond the terms of the outline planning approval which permitted the principle of a dwelling only. 2. The proposed development, by virtue of the scale of new buildings, design, distribution, extent of proposed domestic curtilage and prominence would fail to accord with the requirements of the Council s Approved Housing in the Countryside Policy and would harmfully affect the amenity of the area and the building group within which the site is set. Such development would conflict with the siting criteria of the Housing in the Countryside Policy and Sustainable Communities Policy 6 of the approved Perth and Kinross Structure Plan (2003) and Policy 1 of the Perth Area Local Plan (1995). 219

10 Justification: The proposal is contrary to policies of the Development Plan and there are no material considerations to justify a departure there from. Notes 220

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