4(3)(ii) 11/396 Perth and Kinross Council Development Control Committee – 17 August 2011 Report of Handling by Development Quality Manager

Erection of 12 affordable (one bedroom) flats, Perth and Kinross Council, Rie- Achan Road, Pitlochry, PH16 5AL

Ref. No: 11/01117/FLL Ward No: 4 - Highland

Summary This report recommends approval of the application for the erection of 12 affordable flats as the revised design and scale of the building is considered to relate well with the surrounding features of the Conservation Area and the proposal is considered to comply with the provisions of the Development Plan. This proposal is considered to address the reasons for refusal of the previous application (11/00023/FLL).

BACKGROUND AND DESCRIPTION

1 Full planning consent is sought for the erection of 12 affordable flats at the site of a former Perth and Kinross Council building at Dalchanpaig on Rie- Achan Road in Pitlochry. The application site is located within Pitlochry Conservation Area. The application site is owned by Perth and Kinross Council and as such there is a requirement for this application to be referred to the Development Control Committee. This application is a follow up to a previous refusal (11/00023/FLL). That application was refused at the Development Control Committee on 13 April 2011. The grounds for refusal included the design, materials and detrimental impact on the visual amenity and the failure to protect or enhance the Conservation Area.

2. The application site is situated on Rie-Achan Road which sits to the south of Atholl Road, the main road through Pitlochry. Bounding the south of the site is Rie-Achan Road with the Rie-Achan Road Council Car Park beyond. To the north and west is Dalchanpaig, a small area of park land with Atholl Road beyond and to the east is a large and imposing development of 20 flats which has recently been completed (ref: 07/00493/FUL) which was originally granted consent at the Development Control Committee on 30 May 2007.

3 The application site is located within Pitlochry Conservation Area and is designated for Town Centre Uses in the Highland Area Local Plan 2000 (HALP) where Policy 78 applies. This policy states that uses including shops, offices, restaurants, public houses and hotels are considered acceptable and change of use away from these uses will be discouraged unless it can be demonstrated that the proposal will not adversely affect the vitality or viability of the town centre.

4 The site was previously made up of effectively two buildings. A flat roofed building and a larger HORSA building. These buildings have recently been demolished after Conservation Area Consent was granted by Historic

111 Scotland (10/01678/CON). The site is now laid to grass as required by conditions on the Conservation Area Consent.

5 The proposal subject to this application is to erect a building with 2 levels of accommodation which will sit in the northern part of the site closest to Atholl Road. 6 car parking spaces are proposed to the south west corner of the site adjacent to Rie-Achan Road. The design, scale and finishing materials have been altered from the previous refusal. The scale has been reduced from 3 levels of accommodation to 2 and the design has been simplified to introduce a series of gable ends on both the south and north elevations facing Rie- Achan Road and Atholl Road respectively. The east end of the building is slightly taller than the remainder of the building to provide a better relationship with the neighbouring taller building. The finishing materials have been changed from timber cladding to a smooth white lime based render. The roof materials are to be natural slate and the windows are to be timber with a grey aluminium cladding. The rainwater goods are to be mill-finished aluminium. The fenestration arrangements have been altered but the large windows on both the north and south elevations remain.

NATIONAL POLICY AND GUIDANCE

Scottish Planning Policy 2010

6 This SPP is a statement of Scottish Government policy on land use planning and contains:

• the Scottish Government’s view of the purpose of planning, • the core principles for the operation of the system and the objectives for key parts of the system, • statutory guidance on sustainable development and planning under Section 3E of the Planning etc. (Scotland) Act 2006, • concise subject planning policies, including the implications for development planning and development management, and • the Scottish Government’s expectations of the intended outcomes of the planning system.

The most relevant paragraphs are as follows:

• Paragraphs 66 - 91 which relate to Housing • Paragraphs 86 - 88 which relate to Affordable Housing • Paragraphs 110 - 124 which relate to the Historic Environment • Paragraphs 113 - 114 which relate to Listed Buildings • Paragraphs 115 - 117 which relate to Conservation Areas

DEVELOPMENT PLAN

Perth and Kinross Structure Plan 2003

7 The principal relevant policies are in summary:

112 Environment and Resources Policy 8

8 The Council will seek to ensure that the rich and varied cultural heritage resources of Perth and Kinross are recognised, recorded, protected and enhanced as appropriate. New development which would adversely affect Listed Buildings, Conservation Areas, Scheduled Ancient Monuments, Historic Gardens and Designed Landscapes or their settings will not be permitted unless there is a proven public interest where social, economic or safety considerations outweighs the cultural interest in the site.

Highland Area Local Plan 2000

9 Under the Local Plan the site lies within the settlement boundary for Pitlochry, the Conservation Area and an area allocated for town centre uses.

The principal relevant policies are in summary:

Policy 1 Sustainable Development

10 The Council will seek to ensure, where possible, that development within the Plan area is carried out in a manner in keeping with the goal of sustainable development. Where development is considered to be incompatible with the pursuit of sustainable development, but has other benefits to the area which outweigh this issue, the developer will be required to take whatever mitigation measures are deemed both practical and necessary to minimise any adverse impact. A series of principles will be used as guidelines in assessing whether projects pursue a commitment to sustainable development:

Policy 2 Development Criteria

11 Provides criteria by which all developments will be judged. In particular, the development should have a landscape framework, should have regard to the scale, form, colour and density of development within the locality and should not result in a significant loss of amenity to the local community.

Policy 28 Listed Buildings

12 There will be a presumption against the demolition of Listed Buildings and against works detrimental to their essential character. There will be a presumption in favour of consent for development involving the sympathetic restoration of a Listed Building, or other buildings of architectural value. The setting of Listed Buildings will also be safeguarded.

Policy 78 Town Centre Uses

13 Uses including shops, offices, restaurants, public houses and hotels are considered acceptable and change of use away from these uses will be discouraged unless it can be demonstrated that the proposal will not adversely affect the vitality and viability of the town centre.

113 Other Policies

Scottish Historic Environmental Policy

14 The Policy defines Conservation Areas as 'areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance'. SHEP confirms the Planning Authority has a duty to pay special attention to the desirability of preserving or enhancing the character and appearance of the area when exercising their statutory powers, but gives no specific guidance. The policy further confirms that new works, including new buildings in historic areas, should enhance their surroundings.

SITE HISTORY

15 10/00678/CON Demolition of office building Approved 22 February 2011

16 11/00023/FLL Erection of 12 one bedroom affordable flats – Refused 4 May 2011

CONSULTATIONS

17 Scottish Water has no objections.

REPRESENTATIONS

18 A total of four letters of representation have been received one of which, from the Pitlochry Civic Trust, is in support of the proposal. The letters objecting to the proposal raise the following issues:

• Design • Impact upon Conservation Area • Impact on setting of Listed Building • Only six of 12 flats being built initially • Site should become part of park • Impact on residential amenity

These issues are addressed in the Appraisal section of this report

Pitlochry Civic Trust, who the Committee will recall, were strongly against the proposal have now written offering their support. They have also indicated their gratitude in being given the opportunity to comment on the preparation of the plans and welcome the current solution.

114 ADDITIONAL STATEMENTS RECEIVED

19 Environment Statement Not required Screening Opinion Not required Environmental Impact Assessment Not required Appropriate Assessment Not required Design Statement / Design and Access Statement Submitted Report on Impact or Potential Impact None submitted

APPRAISAL

20 Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 as amended by Planning Etc (Scotland) Act 2006 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. The most relevant policies of the Highland Area Local Plan (HALP) in this instance are Policies 2, 5, 28 and 78.

Town Centre Uses/Principle

21 Whilst the application site is located within an area allocated for Town Centre Uses, it is on the very outskirts of the area identified as the town centre and is located adjacent to other non town centre uses, such as the residential flats to the east along Rie-Achan Road. Therefore due to the location of the site on the edge of centre and its association with other non town centre based uses I have no significant concerns regarding the proposed use of the site for residential purposes and do not consider the erection of residential flats in this location to adversely affect the vitality and viability of the town centre of Pitlochry as required by Policy 78 of the Highland Area Local Plan 2000.

Design/Impact Upon Conservation Area/Setting of Listed Building

Scale/Massing/Materials

22 The objective of a Conservation Area is to protect and enhance the character of that particular area and does not exclude the use of contemporary architecture. It should also be noted that the design of new development in a Conservation Area should not necessarily have to copy the existing traditional designs to ensure that it is in keeping.

23 The design of the proposed development has been re-visited after the initial refusal and has been reduced in height from 3 levels of accommodation to 2. This reduction in height will help to reduce the impact of the building, particularly when viewed from Atholl Road, the main route through Pitlochry. The building is significantly lower in height than the neighbouring block of flats and this is welcomed, although the proposed building does step up at its eastern end in an attempt to provide some relationship with the neighbouring

115 building. This will allow for a better view along Rie-Achan Road from the east and will ensure the proposed building is not dwarfed by the neighbouring flats.

24 Whilst the design has been revised the continued use of gable ends fronting Rie-Achan Road allows the elevations to appear layered to dissipate the visual impact of the mass. The gabled roofs, similar to the previous proposal, also help to break up the bulk and mass of the building and relate well to the established architectural detail which exists throughout the Conservation Area. There is a welcome avoidance of vernacular “pastiche” in this design. The wall to window ratios on the north (rear) elevation and the larger scale window openings will help to provide a lighter weight to the structure. The proposal is now to use a simple white smooth render finish. Whilst stone is the predominant material in Pitlochry there are examples of render finishes throughout the Conservation Area and as such, this finish is considered appropriate in this instance.

25 The layout of the building also allows for larger window openings to be formed on the rear (north) elevation which will ensure this elevation is not visually identified as the “back” of the building. This is considered important given the key views of the building which exist from Atholl Road and the Category A Listed Sunnybrae Cottage. The layout proposed allows for the building to have “active facades” again similar to the previous proposal. The architectural character of the development is a contemporary interpretation of the gabled street which is a key characteristic of Pitlochry, although this contemporary interpretation has been simplified from the previous proposal. The ridge height of the building is significantly lower than the neighbouring flatted block and in my view this will ensure that it will appear visually subservient to the large and imposing block to the east.

Material

26 The timber weatherboarding which was one of the reasons for refusal of the previous application has now been removed and replaced with a smooth white render. Whin and sandstone are predominant materials on many buildings within the Pitlochry Conservation Area. There are however a number of examples of harled buildings in the Conservation Area. The proposal here is to use a white render and this is considered to be appropriate and to comply with the relevant Development Plan policies. It will be a smooth render which is perhaps not so characteristic with Pitlochry but the choice of a smooth render relates well to the relatively contemporary nature of the design of the building.

27 The windows are proposed to be timber with an aluminium cladding. The building is deliberately contemporary and the cladding of the timber windows in aluminium will relate well to the overall design ethos of the building. A base course of light grey harl will run around the building and rise up around the entrance to each flat at ground floor level. A mortar colour to match the brick will also be used. This proposal is a contemporary take on the grey colour of the Whinstone found elsewhere in Pitlochry.

116 28 The roof is to be finished in natural slate with mill finished aluminium downpipes and gutters. In order to achieve the required ceiling height within the first floor flats an additional roof element is proposed which will also be finished in slate.

The proposed car parking, to be located to the south west of the site will require a retaining wall to be formed given the change in levels and no indication of the materials on this wall have been provided. I therefore intend to ensure this aspect is covered by a suitably worded planning condition.

29 The materials, although relatively contemporary in some aspects, have taken reference from other buildings within the Conservation Area and as such are considered to enhance the character of this particular part of the Conservation Area.

Site Layout/Density

30 The building is to be located on the north east corner of the application site which is a change from the previously refused application which saw the building located in the south west corner. This revised position of the building now sees the car parking provided to the front of the building which will be visible from the east along Rie-Achan Road. The revised position does have some advantages in that it will continue the established building line along Rie-Achan Road.

31 The reduction in height of the building and the revised layout has meant that the amenity space proposed on the previous scheme has now been lost. This is unfortunate. The development, does, however propose pedestrian links to the footpath network which exists in the neighbouring Dalchanpaig Park.

32 The car parking and hard external space is limited to the south west of the site which is the lowest part of the site. Whilst my preference is for the car parking to the east of the building as indicated on the previous proposal this revised location, given its lower level than the remainder of the building will ensure that is visually subservient to the building.

33 Historic Scotland have been consulted on the proposal and offered no objection in relation to the impact on the setting of the Category A listed Sunnybrae Cottage. The reduction in height of the building will allow views over the top of the building from Sunnybrae and Atholl Road.

34 The proposed building will be partially screened from Atholl Road by the large mature trees within Dalchanpaig Park and the reduced height will also allow the views from Larchwood Road and Strathview Terrace southwards, identified in the Conservation Area Appraisal as key views, to remain. This will ensure the setting of the cottage and the character of this particular element of the Conservation Area are not detrimentally affected.

35 There are 12 flats proposed for development on the site. The site is located within an area designated for Town Centre Uses in the Highland Area Local

117 Plan and as such the density levels within this part of Pitlochry are relatively high. Policy 2 of the Highland Area Local Plan requires that consideration is given to the character and density levels within the surrounding area in assessing new development. Rie-Achan Road has had a number of flatted blocks approved in recent years, including a development for 20 flats to the east of this site (09/01643/FLL) and development of 16 flats further east (02/01967/FUL). Consent was also granted for 39 sheltered apartments on Station Road (08/01320/FLL). Given the town centre location of the application site and the surrounding established character and density levels, the number of units proposed for this site is considered to relate successfully to the surrounding development character and density and as such complies with the provision of the Development Plan in this regard.

36 The Council’s Conservation Officer has offered no objections to the proposed design. The reduction in mass and height of the building is welcomed in this edge of town location within the Conservation Area and the visual impact of the building block has been sufficiently mitigated by the fragmentation of form, the use of gable ends, the use good quality external materials and the merging of the site into the landscape.

Residential Amenity

37 The nearest residential properties to the application site are those within the large block of flats to the east. There are small bathroom windows on the west elevation of the neighbouring block. The proposed block is approximately 16m from the west elevation of the neighbouring block. Whilst the Council’s rule of thumb generally requires a distance of 18m from window to window, in this instance I am satisfied that the distance provided is sufficient given the windows on the west elevation of the neighbouring building are not habitable rooms.

38 Some concerns have also been raised by residents of the single storey cottages to the north east of the application which front onto Atholl Road. The proposed building is located approximately 30 metres from the cottages at its nearest point. Whilst this is 8 metres less than the previous proposal, in my view this distance is sufficient to negate any impact the proposed building will have on the residential amenity of the cottages, both in terms of overlooking and overshadowing.

39 The site sits within relatively close proximity to the Inverness to Perth railway line. There are a number of residential properties located within close proximity to the railway line in Pitlochry and given the frequency of trains on this line it is not considered that the presence of the railway line with cause significant detrimental to residential amenity.

Drainage

40 It is proposed to connect the development to the public drainage system in Pitlochry. Scottish Water have offered no objection to the application, however the applicant should be aware that they will be required to separately

118 apply for consent to connect to Scottish Water’s assets. An informative note will be added to any decision notice to make the applicant aware of this process.

Traffic/Parking

41 There are six car parking spaces proposed within the development which are to be located to the south west of the site to serve 12 units. The Council’s Roads Development Guide indicates that provision should be at a rate between 0.2 to 0.5 spaces per unit, with 0.3 spaces per unit for visitors and one space for each warden’s unit. This would mean between 3 and 6 spaces for the units and some 4 spaces for visitors. Given the town centre location of the application site and the proximity and availability of public car parks directly adjacent to the application site, it is reasonable in this case to expect visitors to source off-site car parking. On that basis the rate of provision equates to over 0.5 spaces per unit (50%) which meets the minimum limit of provision. It is therefore considered that the level of car parking proposed is appropriate for this particular location and meets the provisions of the Development Plan.

Contamination

42 The site lies within close proximity to an old railway line and within 100m of what was once a bus station with a history of fuel storage so there is a degree of risk of some historic ground contamination. The Council’s Contamination Officer has recommended that a condition is attached which requires a watching brief so that the Council are notified in writing should any ground contamination be found during construction.

Sustainability

43 The submitted Design Statement outlines the methods proposed in construction to ensure maximum sustainability levels in line with Policy 1 of the Highland Area Local Plan and Scottish Government Guidance contained within Scottish Planning Policy 2010.

Use of the Site as a Park

44 Letters of representation have stated that this site would be better used as a green space. Whilst I do not dispute that a park could be well used in this location, there is a park directly adjacent to the development site. Furthermore the principle of development on this site is considered appropriate as indicated above and given that view I find it highly unlikely that no development will occur on this site.

Bin Store

45 The Council’s Environment and Regulatory Services have requested that appropriate provision for the storage of wheelie bins and recycling containers

119 is provided within the application site. The refuse storage area is indicated to the east of the site.

Education

46 The Developer Contribution Policy in regard to Education does not apply in this instance as no contribution is required for affordable or single bedroom units.

Affordable Housing

47 The application is for 12, one bedroom affordable housing flats to be built by Perth & Kinross Council for social rent accommodation to meet some of the high need for this tenure of affordable housing in Pitlochry. The Council is to receive funding for local authority new build from the Scottish Government to facilitate the development of the first sxi units initially. As such all units qualify under the definition of ‘affordable housing’ as provided in the Affordable Housing Guide (August 2007) and there is no further requirement for an affordable contribution on the site.

Setting of a Precedent

48 Every planning application submitted is considered on its own merits and considerations on an application are site specific. It is not considered that any one approval of an application will necessarily set a precedent for any particular type of development elsewhere, where in any event the site and specific circumstances will vary.

Phasing

49 The applicant has indicated that it is their intention to development only the first six flats as an initial stage and the remainder of the flats to be built at a later date. The phasing of development like this is not unusual in the current economic climate and is considered completely acceptable.

Planning Authority with an Interest in the Land

50 The Town and Country Planning (Notification of Applications) (Scotland) Direction 2009 advises on the procedure for notification of planning applications to the Scottish Ministers for developments in which planning authorities have an interest in. The Direction states that notification to the Ministers is only required where the proposal involves a significant departure from the authority’s own Development Plan. As the recommendation of approval is not a significant departure from the Development Plan, a notification to the Ministers is not required.

Legal Agreements

51 None required

120 Direction by Scottish Ministers

52 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008, regulations 30 – 32 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.

CONCLUSION AND REASONS FOR RECOMMENDATION

53 In conclusion, the application must be determined in accordance with the adopted Development Plans unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with the adopted Highland Area Local Plan and Perth and Kinross Structure Plan. I have taken account of material considerations and find none that would justify overriding the adopted Development Plan. On that basis the application is recommend for approval subject to conditions.

RECOMMENDATION

A Approve the application subject to the following conditions:

1 The development shall be begun within a period of three years from the date of this consent.

2 The proposed development must be carried out in accordance with the approved plans, unless otherwise provided for by conditions imposed on the planning consent.

3 Prior to the commencement of development details of all proposed finishing materials of the building, including the proposed retaining wall around the car parking area shall be submitted for the further written approval of the Planning Authority. The details as approved shall be implemented during the site development.

4 The Council shall be immediately notified in writing if any ground contamination is found during construction of the development, and thereafter a scheme to deal with the contamination shall be submitted to, and agreed in writing by, the Council Planning Authority. The scheme shall include a full timetable for the reclamation measures proposed. Verification shall be provided by the applicant or his agent, on completion, that reclamation has been undertaken in accordance with, and to the standard specified in, the agreed reclamation scheme.

5 An area of hardstanding shall be provided for the storage of bins for waste collection and recycling and shall comply with the details identified within the memo from Environment and Regulatory Services dated 25 February 2011. Details of this hardstanding area shall be submitted for the further written approval of the Planning Authority prior to the commencement of development.

121 6 All flats shall be used for the purposes of affordable housing as defined in the Council’s “Affordable Housing Policy to the satisfaction of the Council as Planning Authority.

Reasons

1 In accordance with the terms of Section 58 of the Town and Country Planning (Scotland) Act 1997 as amended by Section 20 of the Planning etc (Scotland) Act 2006.

2 To ensure that the development is carried out in accordance with the plans approved.

3 To protect the character and appearance of the Pitlochry Conservation Area.

4 In order to ensure the site is free from contamination.

5 To provide adequate facilities for waste collection.

6 To comply with the Council’s policy on affordable housing.

B JUSTIFICATION

The application is considered to comply with the Development Plan and the material considerations apparent serve to add weight to a recommendation of approval.

C PROCEDURAL NOTE

None

D INFORMATIVES

1 No work shall be commenced until an application for building warrant has been submitted and approved.

2 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.

3 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.

4 The applicant is advised that the granting of planning consent does not guarantee a connection to Scottish Water’s assets. The applicant must make

122 a separate application to Scottish Water Planning & Development Services team for permission to connect to the public wastewater system and/or water network and all their requirements must be fully adhered to.

Background Papers: Four letters of representation Contact Officer: John Williamson– Ext 75360 Date: 8 August 2011

Nick Brian Development Quality Manager

123

124 Perth & Kinross Council 11/01117/FLL Rie-Achan Road, Pitlochry

Erection of 12 affordable (one bedroom) flats

This map is for reference only and must not be reproduced or used for any other purpose

Scale K 1:7500 Reproduced by permission of Ordnance Survey on behalf of HMSO. © Crown copyright and database right (2011). All rights reserved. Ordnance125 Survey Licence number 100016971 Perth & Kinross Council 11/01117/FLL Rie-Achan Road, Pitlochry

Erection of 12 affordable (one bedroom) flats

This map is for reference only and must not be reproduced or used for any other purpose

Scale K 1:2500 Reproduced by permission of Ordnance Survey on behalf of HMSO. © Crown copyright and database right (2011). All rights reserved. Ordnance126 Survey Licence number 100016971