Perth and Kinross Council Development Control Committee 27 August 2008 Recommendation by Development Quality Manager

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1 Perth and Kinross Council Development Control Committee 27 August 2008 Recommendation by Development Quality Manager 5(7) 08/414 Erection of kennels and cattery at Baltree Farm, Hatchbank, Kinross, KY13 0LF Ref. No: 08/00989/FUL Ward No: 8 Kinross-shire Summary This report recommends approval of the application for the erection of the kennels and cattery as the development is considered to provide an acceptable business use in a rural location without having a significant impact on neighbouring amenity Background and Description 1 The site is located in the north of Baltree Farm in Kinross-shire. The site is 1.21ha in area and is relatively flat open farmland. 2 Full planning permission is sought for the erection of a kennels and cattery within the site. The facility would accommodate 100 cats and 60 dogs housed in a custom built building. The kennels and cattery are formed into two separate blocks, one for each use, with parking located in the centre of this. A business plan has been submitted which shows this would create 3 full time jobs plus some part-time help 3 Two other applications are also currently being considered by this Committee as part of the overall development of this site. 4 Application 08/00985/FUL is for the erection of a riding centre in a site to the south-west of this site. 5 Application 08/00186/FUL is for the erection of 4 dwellinghouses within a site to the south-east of this. These 4 houses are to cross-fund the development of the riding centre and kennels and cattery. National Policy and Guidance SPP2 Economic Development 6 This SPP advances policy in respect of rural economic developments and advises that planning authorities should provide for small-scale manufacturing and tourist-related developments. A supportive policy framework should also be provided for rural and farm diversification, including new lines of economic activity.

2 SPP15 Rural Development 7 This SPP advances policy in respect of rural economic developments and advises that Planning authorities should support a wide range of economic activity in rural areas and seek environmental enhancement through development at every opportunity. This policy also encourages using housing to cross fund business development where there are significant benefits to be gained from the business DEVELOPMENT PLAN Perth and Kinross Structure Plan The only issue raised of relevance to the Perth and Kinross Structure Plan 2003 relates to Environment and Resources Policies 1 and 2 because of drainage to Loch Leven, a Special Protection Area. Kinross Area Local Plan The principal relevant policies of the Plan are summarised: Policy 2 'Development Criteria' provides criteria by which all developments will be judged. In particular, that 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 5 Landscape landscape character should be enhanced. The site is immediately adjacent to, but outwith the boundary of the Area of Great Landscape Value protected by Policy 54 that developments should enhance the landscape. Policies set out the criteria for drainage within the Loch Leven Catchment Area, which in cases such as this should show a sustainable net reduction of phosphates to the Loch Leven catchment. Policies also protect important nature conservation sites such as Loch Leven. Policy 51 Rural Diversification Encourages farmers to diversify their businesses especially where this will create permanent local employment Site History 10 Application 08/00985/FUL is for the erection of a riding centre in a site to the south-west of this site. This application is presented before this Committee 11 Application 08/00186/FUL is for the erection of 4 dwellinghouses within a site to the south-east of this. This application is presented before this Committee 2

3 Consultations 12 SNH Initial objection lifted providing waste from development is tankered off site. A legal agreement would be required to secure this. 13 SEPA No objection 14 Kinross Community Council Objection due to insufficient road access. They also recommend that all these applications are considered together. 15 Scottish Water No objection 16 Perth and Kinross Heritage Trust 2 requested conditions relating to archaeology 17 Historic Scotland No objection 18 Perth and Kinross Council Environmental Health No objection providing suitable conditions attached 19 Perth and Kinross Council Economic Development Confirm the business plan is acceptable and support the application Representations letters of objection received from local residents relating to: Impact on roads from increased traffic / access insufficient for volume of traffic Noise disturbance No suitable phosphorus mitigation from development Odour from kennels and cattery Scale of development / visual impact Impact on privacy of nearby houses Appraisal Policy 21 Both local and national planning policies encourage the development of rural business uses especially where they create full time employment. A business plan has been submitted which shows the viability of the proposal and this has been confirmed to be acceptable by the Council s Economic Development Section. With all the other site planning factors being acceptable, the principle of this development would be acceptable in policy terms. 3

4 Traffic Roads 22 The Council s Roads Department have indicated that they have no objection to the proposal subject to suitable conditions being attached to allow for upgrades of junctions serving the development. Drainage 23 The waste will be tankered off site and SNH have no objection providing a legal agreement is signed to secure this arrangement. Residential Amenity 24 Concerns have been raised over the potential noise disturbance from the development. A noise impact assessment has been submitted and the Councils Environmental Health Department have confirmed this to be acceptable providing suitable conditions are attached. 25 Concerns have been raised over the intrusion of privacy from this development. It is not considered that this development is close enough to neighbouring houses to impact negatively on their amenity. 26 Concerns have also been raised over potential odours from the use but Environmental Health have no objection on this basis. Design and Layout 27 The low timber frame design proposed would not look out of place in the surrounding landscape or in the rural location. It is partially screened by trees to the east and further planting secured through condition would help further soften it within the landscape. Scheduled Monument 28 The site lies nearby to two souterrains which are Scheduled Ancient Monuments. Historic Scotland have confirmed that they have no objection to the proposal as they do not consider it would have an impact on the setting of these scheduled monuments. Representations 29 All of the issues raised in the representations are covered elsewhere in this section. 4

5 Conclusion 30 This development is considered to be a suitable rural business use which is encouraged through policy as rural diversification and will integrate suitably into the landscape without providing an adverse impact on neighbouring amenity. Recommendation A Approve the application subject to the following conditions: Conditions:- 1 The development shall be begun within a period of five years from the date of this consent. 2 The proposed development must be carried out in accordance with the approved plans herewith, unless otherwise provided for by conditions imposed on the planning consent. 3 The vehicular access shall be formed in accordance with the Council s Roads Development Guide Type C Figure 5.7 access detail to the satisfaction of the Council as Planning Authority prior to the development being brought into use. 4 The gradient of the access shall not exceed 3% for the first 6.00 metres measured back from the edge of the carriageway and the access shall be constructed so that no surface water is discharged to the public highway. 5 Turning facilities shall be provided within the site prior to the development being brought into use to enable all vehicles to enter and leave in a forward gear to the satisfaction of the Council as Planning Authority and shall be maintained permanently thereafter. 6 Visibility splays of 3.00m x 70.00m measured from the centre line of the new access shall be provided in both directions along the nearside channel of Hatchbank Road prior to the occupation of the development and thereafter maintained free from any obstruction of a height exceeding 1.05 metres above the adjacent road channel level. 7 Passing places at not more than 100 metre centres shall be provided on Hatchbank Road between the site entrance and the junction with the B996 to the requirements of the Council as roads authority to the satisfaction of the planning authority, prior to the development being brought into use and shall be permanently maintained thereafter. 8 Details of the specification and colour of the proposed external finishing materials to be used shall be submitted for the approval of the Planning Authority prior to the commencement of the development. The scheme as 5

6 approved shall be implemented prior to the occupation and or use of the development. 9 No development shall take place within the development site as outlined on the approved plan until the developer has secured the implementation of a programme archaeological works in accordance in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by Perth and Kinross Heritage Trust, and approved by the Planning Authority. Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with Perth and Kinross Heritage Trust. 10 No development shall take place until fencing has been erected, in a manner to be agreed with Perth and Kinross Heritage Trust and the Planning Authority, to protect SAM Also no work shall take place beyond this fence without the prior agreement of Historic Scotland, the Planning Authority and Perth and Kinross Heritage Trust. 11 A detailed landscaping and planting scheme for the site shall be submitted for the further approval of this Planning Authority prior to the commencement of the development and development shall not commence prior to the approval of that scheme. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, species, height, size and density of trees and shrubs to be planted and the scheme as subsequently approved shall be carried out and completed within 6 months of the commencement of the use; unless otherwise agreed in writing with this Planning Authority and thereafter maintained to the satisfaction of the Planning Authority. 12 The design of the kennels building and associated noise barrier shall be approved by the applicant s acoustic consultant. Full details of the design shall be submitted for approval by the Council as Planning Authority prior to any work commencing on site. Reasons:- 1 In accordance with the terms of Section 58 of the Town and Country Planning (Scotland) Act To ensure that the development is carried out in accordance with the plans approved. 3-7 In the interests of pedestrian and traffic safety and in the interests of free traffic flow. 8 In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. 6

7 9 To ensure the archaeology of the site is suitably recorded. 10 To ensure the archaeological site is suitably protected. 11 In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality and to reserve the rights of the Planning Authority. 12 To ensure an adequate level of residential amenity in neighbouring properties. B Procedural Note Consent not to be issued until a Section 75 Agreement has been completed and signed in respect the following issues: - Secure the phosphorus mitigation measures in perpetuity. C Informatives The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act 1984 he must obtain from the Council as Roads Authority consent to open an existing road or footway prior to the commencement of works. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environmental Protection Agency. Background Papers: 10 Letters of objection Contact Officer: Neil Williamson Ext Date: 13 August 2008 Nick Brian Development Quality Manager 7

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