Perth and Kinross Council Development Control Committee – 17 August 2011 Report of Handling by Development Quality Manager
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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.