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Perth and Kinross Council Development Control Committee – 13 May 2009 Report by Development Quality Manager

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Perth and Kinross Council Development Control Committee – 13 May 2009 Report by Development Quality Manager 4(7) 09/228 Perth and Kinross Council Development Control Committee – 13 May 2009 Report by Development Quality Manager Erection of an agricultural shed at Moneydie Farm, Luncarty, Perth, PH1 3HZ Ref. No: 09/00455/FUL Ward No: N5 – Strathtay Summary This report recommends refusal of the application for an agricultural building in open countryside away from the existing farm unit buildings and essential workers dwelling house as being contrary to development plan policies and national advice in respect of siting and visual impact. SITE DESCRIPTION AND PROPOSAL 1. The application relates to the erection of an agricultural building on land to the South of the B8063 at Moneydie crossroads by Luncarty. The agricultural shed is to be set back 30 metres from the public road in an open field. The proposed building is to be some 8.0 metres in height to the ridge, 44.0 metres in length and has a maximum width of 29.5m. The structure is to be finished in dark green plasticol steel sheeting. The building is located in an open field approximately 210 metres away from the essential workers house for the farm which is currently adjacent to the existing farm buildings. There is no boundary definition to the proposed site and it is located outwith a prime area of agricultural land. NATIONAL POLICY AND GUIDANCE 2. This application should be considered with respect to Scottish Planning Policy 15: Planning for Rural Development, National Planning Policy Guidance 5: Archaeology and Planning, National Planning Policy Guidance 14: Natural Heritage, Planning Advice Note 39: Farm and Forestry Buildings and Planning Advice Note 42: Archaeology. DEVELOPMENT PLAN Perth and Kinross Structure Plan 2003. The principle relevant policy is in summary: - Policy 3 Sustainable Economy 3. This states that support will be given to measures which promote an integrated, innovative and flexible approach to rural development which encompasses economic, social and environmental considerations. 79 Perth Area Local Plan 1995 incorporating Alteration No.1 Housing Land 2000 Policy 1: General Policies 4. Developments in the landward area, as shown in Proposals Map A, on land which is not identified for a specific policy, proposal or opportunity will generally be restricted to agriculture, forestry or recreational and tourism projects and operational developments, including telecommunications development, for which a countryside location is essential. 5. Developments will also be judged against a series of criteria including a good landscape framework; scale, form, colour and design of development; compatible with its surroundings in land use terms and the need to accommodate development as part of the ongoing requirements of existing commercial land uses in the countryside. Policy 5: Agriculture 6. The Council will support agriculture remaining as a major land use and source of employment in the Plan area and there will a presumption against the use of prime quality agricultural land for irreversible development. Policy 22: Archaeology 7. The Council will seek to protect unscheduled sites of archaeological significance. Perth Area/Central Area Draft Local Plan 2004 8. The principle relevant policies are similar to those in the adopted plan although the draft local plan is no longer being progressed. OTHER POLICIES 9. None. SITE HISTORY 10. Erection of a new farmhouse on land east of Moneydie Farm, Luncarty, approved subject to conditions, application 03/01171/FUL refers. 11. Demolition of steading and erection of 7 dwellinghouses at Moneydie Farm, Luncarty, refused, application 08/01479/FUL refers. 12. Erection of an agricultural shed at Moneydie Farm, Luncarty, refused at Committee 22 October 2008, application 08/01485/FUL refers. 80 CONSULTATIONS 14. Scottish Water: No objection to the planning application. 15. PKHT (Area Archaeologist): The proposed shed no longer impacts on known archaeological remains given change in location from application 08/01485/FUL. 16. Environmental Health: The agricultural shed is in close proximity to two residential properties. If the application is approved the residents of said properties may be subject to noise and odours, however, this would be unlikely to adversely affect the residential amenity of the properties. REPRESENTATIONS 17. One letter of representation has been received on the application. The main issues can be summarised as follows and are taken into account under the Appraisal section of this report: • The proposal if approved would lead to an unacceptable level of visual intrusion. • No overpowering justification has been provided which outweighs planning policy. • A more suitable outcome would be to replace buildings which the applicant has specified as being no longer fit for purpose. • The revisions made do not alleviate the reasons for refusal of the previous application. • The proposal has potential to impact on road safety which forms part of the National Cycle Network Route 77 due to the narrowness of the road where the access is proposed. • The road is susceptible to flooding. The proposed agricultural shed will increase run off and exacerbate the present hydrographic regime. • It is apparent that the application for the agricultural shed is ostensibly in order to allow planning permission on the location of the existing farm buildings. APPRAISAL 18. Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that planning decisions be made in accordance with the Development Plan unless material considerations indicate otherwise. The determining issues in this case are whether: - the proposal complies with Development Plan policy; or if there are any other material considerations which justify a departure from policy. 81 Pre-application Discussions 19. Members should be aware that following the Committee refusal of the previous application for an agricultural shed at Moneydie (08/01485/FUL), officers undertook discussions with the applicant regarding amendments to the proposed scheme. In this case the applicant was referred to the content of the previous committee report which raised concerns regarding visual impact and being located away from the farm and essential worker house. Officers specified that an amended location should be looked at either in or beside the existing farm unit. Any other location would likely be contrary to the Local Plan and policy guidance provided by Scottish Government unless suitable justification was provided which related to agricultural need. Built Heritage 20. The application is in close proximity to archaeological sites and Policy 22 of the Local Plan requires unscheduled sites of archaeological interest to be protected. In this instance Perth and Kinross Heritage Trust have been consulted and offer no objection to the application. Flooding Implications 21. Development reduces surface permeability by replacing vegetated ground with roofs, roads and paved areas and through compaction of ground by vehicular movements. This reduces the amount of water infiltrating into the ground and increases surface run-off. The alteration of natural flow patterns (in both total quantity and in peak flow) can lead to problems elsewhere within the river catchment, particularly flooding downstream. It is therefore important to ensure that surface water is managed by the use of a sustainable drainage scheme as required by the Structure Plans Environment and Resources Policy 10. Although no details have been submitted regarding sustainable urban drainage I consider that this factor could be controlled adequately by the use of a suspensive condition. Traffic 22. The Roads Service has been consulted on the application and they have no objection to the application subject to conditions relating to access, road widening, gradient, visibility splays and turning facilities. Residential Amenity 23. There is a need to secure residential amenity for all the parties adjoining the development. Planning control has a duty not to create situations of potential conflict between neighbours. Environmental Health have been consulted on the application and note that properties in close proximity will be subject to noise and odour but advise that the level is unlikely to be excessive therefore will not adversely affect residential amenity. 82 Policy 24. Perth and Kinross Structure Plan acknowledges the importance of the landscape setting of Perth and highlights that strict control will be exercised to prevent sprawl into the countryside. 25. Perth Area Local Plan sets out clear criteria under which new development in the open countryside must be considered against and it is not considered that this proposal would satisfy those. 26. The applicant, in a supporting statement, highlighted that the existing farm buildings are not fit for purpose and noted the difficult financial situation that is being faced by the farming community in general. As can be seen by the site history, an application was received to demolish the existing farm units to allow for a redevelopment for residential purposes which failed to comply with the Housing in the Countryside Policy as the existing farm unit was still in operation and therefore clearly not redundant. While I appreciate the applicants’ desire to release capital for farm enterprises, this has to be assessed against the relevant planning policies to ensure there is not a conflict. 27. Amendments have been made to the proposed farm building and site. This includes a reduction in the area of the site and moving the agricultural shed closer to the public road.
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