Fife Planning Review Body
FPRB Reference 11/50
Review Decision Notice
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Decision by Fife Planning Review Body (the FPRB)
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Site address: 20 Southgait Hall, 118 South Street St Andrews
Application for review by Andrew Brackfield against the decision by an appointed
officer of Fife Council
Application 11/00765/FULL for planning permission for the Change of Use of a
flatted dwelling to a House in multiple Occupation (3 persons)
Application Drawings: FC Ref 11/00765/FULL-01 Location/Block Plan; FC Ref
11/00765/FULL-02 Floor Plan.
A Site Inspection took place on the 22 August 2011
Date of Decision Notice: 9 September 2011
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Decision
The FPRB reverses the determination reviewed by them and approves Planning
Permission unconditionally.
1.0
Preliminary
1.1
This Notice constitutes the formal decision notice of the Local Review Body as
required by the Town and Country Planning (Schemes of Delegation and Local
Review Procedure) (Scotland) Regulations 2008.
1.2
The above application for planning permission was considered by the FPRB at its
meeting on 22 August 2011. The Review Body was attended by Councillor Beare
(Chair), Councillor Adams, Councillor Kay Morrison, Councillor Ann Bain and
Councillor Guy.
2.0
Proposal
2.1
The application proposal relates to the change of use of a second floor flat to a
house in multiple occupation within a modern residential development sitting to the
rear of a listed building in the St Andrews (Central) Conservation Area. No external
alterations are proposed to the building. The flat is accessed from a shared stairwell
via a secure courtyard where private parking is available to each flatted dwelling.
3.0
Reasoning
-23.1
The determining issues in this review were the impact of the development on the
existing levels of residential amenity enjoyed by the residential development, the
consideration of the development against the Council’s emerging development plan
policy on the provision of HMOs, and the assessment of the development against
section 64(1) of the (Listed Buildings and Conservation Areas) (Scotland) Act 1997.
The FPRB considered the terms of the Development Plan which comprises the Fife
Structure Plan 2006-2026 (Approved 2009) and the St Andrews Area Local Plan
1996. The FPRB also considered the terms of the Finalised St Andrews and East
Area Local Plan (2009) Consideration was also given to the terms of the Scottish
Planning Policy and to Circular 8/2009 Houses in Multiple Occupation: Guidance on
Planning Control and Licensing.
3.2
The FPRB also noted that there were no relevant policies within the Approved
Structure Plan relating to this issue. The Supplementary Planning Guidance on
Houses in Multiple Occupation (St Andrews Central Conservation Area) June 2011 is
specifically to be applied to "new planning applications" and it was therefore
determined that this policy could not be applied to the application for consideration at
review. The original planning application had been submitted and determined prior
to the introduction of the new supplementary guidance and therefore the Notice of
Review was not considered to be a new planning application where the
supplementary guidance would apply.
3.3
The Adopted Local Plan policies that apply to developments within residential areas
were considered by the FPRB. It was noted that policy H2 seeks to safeguard
"existing residential character and amenities" within settlement boundaries. Policy
H5 states that the "character and amenity of existing residential areas should not be
unacceptable damaged by the effects of development". The Adopted Local Plan has
no policies that specifically address the acceptability of HMO developments within St
Andrews. The FPRB did not consider that there was anything in the nature of the
HMO use, the prospective occupants of the HMO, or the physical characteristics or
location of the flatted block and its shared stairwell that would lead to a loss of
residential amenity arising from the change of use. It was not considered that the
size of the proposed HMO would impact on the demand for off-street or on-street
parking in a way that would affect the amenity of the surrounding residential area. It
was considered therefore that the proposed HMO use would comply with the terms
of the Adopted Development Plan with regard to residential amenity.
3.4
The Finalised St Andrews and East Area Local Plan 2009 includes a policy on the
provision of HMOs within the Local Plan area – policy H3. It was noted by the FPRB
that this policy was still in draft form and was the subject of objections that would be
considered as the Local Plan proceeds through the Examination process. It was
considered that the weight that could be attributed to this policy was insufficient at
this time to override the considerations of the FPRB as outlined in Para 3.3 above.
The tests set out in that policy (H3) were not therefore considered in any detail.
3.5
The FPRB also considered whether the change of use would preserve or enhance
the character of the Conservation Area and it was considered that the nature of the
use would have a neutral affect on the Conservation Area. As no alterations were
proposed to the exterior of the building there would be no physical change to the
building that would affect the Conservation Area.
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4.0
Decision
4.1
The FPRB decided that planning permission should be approved unconditionally.
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Stuart Crosbie,
Managing Solicitor.
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TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997
Notification to be sent to applicant on determination by the planning authority of an
application following a review conducted under section 43A(8)
Notice Under Regulation 21 of the Town and Country Planning (Schemes of
Delegation and Local Review Procedure) (Scotland) Regulations 2008.
1
If the applicant is aggrieved by the decision of the planning authority to refuse
permission or approval required by a condition in respect of the proposed
development, or to grant permission or approval subject to conditions, the applicant
may question the validity of that decision by making an application to the Court of
Session. An application to the Court of Session must be made within 6 weeks of the
date of the decision.
2
If permission to develop land is refused or granted subject to conditions and the
owner of the land claims that the land has become incapable of reasonably beneficial
use in its existing state and cannot be rendered capable of reasonably beneficial use
by the carrying out of any development which has been or would be permitted, the
owner of the land may serve on the planning authority a purchase notice requiring
the purchase of the owner of the land’s interest in the land in accordance with Part V
of the Town and Country Planning (Scotland ) Act 1997.
Notice under the Town and Country Planning (Scotland) Act 1997 as amended
by Sections 27A and 27B of the Planning etc. (Scotland) Act 2006
You are required, prior to the development hereby approved commencing on site, to
submit written notification to Fife Council as Planning Authority (“this Council”) of the
intended date of commencement of the development. The development shall not
commence until this notification has been acknowledged in writing by this Council.
On completion of the development, you are also required to submit written
notification to this Council of this as soon as practicably possible.