4(7) 09/228 Perth and Council Development Control Committee – 13 May 2009 Report by Development Quality Manager

Erection of an agricultural shed at Farm, , Perth, PH1 3HZ

Ref. No: 09/00455/FUL Ward No: N5 –

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 () 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 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. However, it should be noted that the development is still positioned approximately 210m from the existing farm house which would, as a result, not be a suitable arrangement for the essential purposes of security and maintenance which had led to that house being located there in the first place, to serve the existing steading. The farm building should ideally be positioned close to the farmhouse for operational reasons as highlighted in the previous refusal.

Layout and Potential Visual Impact

28. I consider Policy 1 of the Local Plan one of the main criterions which the application must be assessed against. This requires, amongst other things, that the site should have a landscape framework capable of absorbing the development. Regard should also be had to the form, scale and density of development within the locality. The proposed application drawings show an agricultural building set within extensive vegetation and screen landscaping. However, the site is currently an open agricultural field with no boundary definition with none of the planting or landscaping yet in place. While an attempt has been made to reduce the impact of the building by the use of green coloured sheeting and an intention to provide extensive landscaping, I do not consider this would compensate for the inappropriate siting of the building in the open countryside.

29. It should be noted that the siting of agricultural buildings in the manner set out in PAN 39 not only reduces the visual impact but it also has particular advantages in the form of an increase in security as well as animal welfare and stock management. It should be noted that these issues were highlighted by the applicant’s agricultural consultant in support of application 03/01171/FUL

83 for the erection of an agricultural essential workers dwelling next to Moneydie Farm which was recently approved.

CONCLUSION

30. In conclusion, the application must be determined in accordance with the adopted Development Plans unless material considerations indicate otherwise. Cognisance has been taken of the adopted Structure Plan which highlights the criteria for development in the open countryside. In addition, the proposal fails to comply with Policy 1 of the adopted Perth Local Plan 1995 and does not adhere to Scottish Government Planning Advice Note 39: Farm and Forestry Buildings. I have taken account of material considerations as well as the site history and find no reasons would justify overriding the adopted Development Plan and on that basis the application is recommended for refusal.

RECOMMENDATION

A Refuse the application for the following reasons

Reason:

1 The proposal is considered to be contrary to Environment and Resource Policy 5 of the Perth and Kinross Structure Plan as the development would not demonstrate a significant environmental enhancement within the green belt due to its visual intrusion and result in sprawl into an area of open countryside.

2 The proposal is contrary to Policy 1 of the Perth Area Local Plan 1995 as the site does not have a good landscape framework or boundary definition and as a result the development will result in a conspicuous development unacceptably situated within an area of open countryside and result in an unacceptable level of visual intrusion.

3 That the application is contrary to the Scottish Government’s Planning Advice Note 39 as the proposal is not located next to the existing farm buildings and no overwhelming justification has been provided to outweigh planning policy. It is therefore considered that development in this visually prominent location and away from farm buildings would result in the development being an eye catching feature in the landscape which would be out of keeping with the characteristics of the area.

B Procedural Note

1 This application is for development that is contrary to the Development Plan. It is recommended for refusal for the reasons indicated. Should the Committee determine to approve the application contrary to the Development Plan; reasons will require to be specified by the Committee for so doing.

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Background Papers: None Contact Officer: John Russell Date: 22 April 2009

NICK BRIAN DEVELOPMENT QUALITY MANAGER

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