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Statutory Consultation - New Primary School at Bertha Park

Perth and Kinross Council · 2 November 2022
Back to Learning and Families Committee — 2 November 2022 and its agenda

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PERTH AND KINROSS COUNCIL 
LEARNING & FAMILIES COMMITTEE 
2 NOVEMBER 2022 
STATUTORY CONSULTATION – NEW PRIMARY SCHOOL AT BERTHA PARK 
Report by Executive Director (Education and Children’s Services)
(Report No. 22/265) 
1. PURPOSE 
1.1 This report informs the Learning & Families Committee of the outcome and
findings of the statutory consultation exercise undertaken in respect of the
formal proposal to establish a new primary school at Bertha Park and
establish a catchment area for the new primary school, as detailed in the
published Consultation Report (attached as Appendix A). 
2. RECOMMENDATION 
2.1 It is recommended that the Committee: 
• Notes the contents of the Consultation Report (attached as Appendix
A); 
• Approves the establishment of a new primary school on a preferred
site at Bertha Park, Perth with effect from August 2026;
• Approves the established catchment area for the new primary school
as proposed;
• Approves the amendment of the catchment areas of Ruthvenfield
Primary School, Pitcairn Primary School, Luncarty Primary School
and Tulloch Primary School as proposed;
• Approves the transfer arrangements for directly affected primary
pupils to attend secondary school as proposed; and
• Approves the interim admission arrangements for Ruthvenfield
Primary School until the new primary school opens in August 2026
as proposed. 
3. STRUCTURE OF REPORT 
3.1 This report is structured over the following sections: 
• Section 4:  Background
• Section 5: Statutory Consultation Exercise
• Section 6 Education Scotland Report
• Section 7: Conclusion
• Appendices

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4. BACKGROUND 
4.1 On 22 June 2016, the Council allocated funding for a new primary school
within the Composite Capital Programme (Report No. 16/277 refers).  This
new primary school is to be built to accommodate pupil numbers from
housebuilding within the strategic sites at the north and north west of Perth as
it was anticipated that the catchment schools for these strategic sites would
not be able to accommodate the projected pupil numbers. 
4.2 There is a chronology of decisions leading to this report, including reports and
options appraisals presented to Lifelong Learning Committee in relation to
Ruthvenfield Primary School, the School Estate Transformation Programme
and the new primary school at Bertha Park.  These reports can provide, if
required, fuller background information about the context of the decision that a
new primary school is required and where that new primary school should
ideally be located.  These are as follows: 
• August 2016 - ‘Securing the Future of the School Estate’ (Report No.
16/347 refers).
• November 2016 – ‘Securing the Future of the School Estate – Next Steps’
(Report 16/485 refers).
• March 2019 – School Estate Transformation Programme (Report No.19/94
refers).
• September 2019 – ‘School Estate Transformation Programme Strategic
Sites North West/North Perth’ (Report No. 19/240 refers).
• 22 January 2020 - Lifelong Learning Committee (Report No. 20/18 refers). 
• 25 August 2021 - Lifelong Learning Committee (Report No. 21/136 refers). 
4.3 Lifelong Learning Committee agreed that the Executive Director (Education
and Children’s Services) should commence a statutory consultation in respect
of the new catchment areas and associated changes as required by the
Schools Consultation (Scotland) Act 2010. 
4.4 The duties in undertaking a statutory consultation on a relevant school
proposal are outlined in the Schools (Consultation) (Scotland) Act 2010 and
the accompanying Statutory Guidance. 
4.5 The main considerations relating to the proposal are fully explained in the
published Proposal Paper. 
5. STATUTORY CONSULTATION EXERCISE 
5.1 A link to the Proposal Paper was issued by letter to those individuals and
bodies listed in the Paper.  The Proposal Paper was also published on the
Council’s website.  The number of letters issued was 848. 
5.2 The consultation period ran from Monday 16 May 2022 until Wednesday    29
June 2022 – a period of at least 30 school days, in line with statutory
requirements.

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5.3 Two public meetings were held to discuss the proposal.  The first was on
Tuesday 31 May 2022 where nine members of the public attended.  The
second was on Monday 13 June 2022 where two members of the public
attended. 
5.4 During the consultation period, representations were sought from interested
parties, either in oral or written form or electronically.  An online response
form and generic email account was set up by the Council to receive
representations and enquiries on the proposal. 
5.5 In all, 10 online response forms were received.  Nine responses agreed with
the Council’s proposal and one response disagreed with the Council’s
proposal.  However, four online responses were invalid as they failed to
provide a required name, address or email address to validate the response.
The six valid online responses agreed with the Council’s proposal.  One
written representation was received which disagreed with the Council’s
proposal.   
5.6 Specific consultation meetings took place with directly affected pupils at
Luncarty, Pitcairn, Ruthvenfield and Tulloch Primary Schools. 
5.7 The Consultation Report, attached as Appendix A, is the Council’s response
to the issues raised during the consultation period on the Proposal Paper. 
5.8 The Consultation Report was published on the Council’s website for a period
of no less than 3 weeks prior to final consideration by Learning & Families
Committee on 2 November 2022. 
6. EDUCATION SCOTLAND REPORT 
6.1 Education Scotland were provided with the options appraisal and proposal
paper.  They visited the sites of Luncarty, Pitcairn, Ruthvenfield and Tulloch
Primary Schools and discussed the proposal with relevant consultees.  They
also received a copy of all written representations and the minutes of the
public meetings.  They then prepared a report on the educational aspects of
the proposal in accordance with the Schools (Consultation) (Scotland) Act
2010. 
6.2  The purpose of the report is to provide an independent and impartial
consideration of Perth and Kinross Council’s proposal to establish a new
primary school on the site of Bertha Park, Perth. 
6.3 The Education Scotland report is reproduced in full in the Consultation Report
(Appendix A, Appendix 6). 
6.4 The report supports the proposal, and the Council welcomes the report from
Education Scotland and accepts its findings.

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7. CONCLUSION 
7.1 The key points from the consultation are as follows: 
• The report from Education Scotland acknowledges that the proposal has
clear educational benefits for pupils.  This includes providing a high-
quality learning environment with a purpose-built design which has the
potential to offer flexible learning and social spaces.  The value of the
new school to the local community is recognised, as well as the benefits
of an additional nursery and Intensive Support Provision. 
• The potential adverse impact of a change of school to a child’s wellbeing
has been recognised by the Council, and parents and children
appreciate the Council allowing children to remain at their existing school
should they wish. 
• It has been acknowledged that the Council has been consulting and
communicating effectively with stakeholders and should continue to
engage them fully in the future planning and design stage, as well as
continuing to support families through the process of transition to the
new school and/or new catchment areas. 
• Feedback from stakeholders generally has been that the approach
developed in determining the proposed catchment areas and interim
admission arrangements for Ruthvenfield Primary School has been
sensible and appropriate.  Stakeholders have considered the interim
admission arrangements as a pragmatic approach of considering
children with siblings at the school and who will reside within the new
catchment in the priorities for admission.  The addition of a new school at
Bertha Park and the associated catchment review is considered sensible
and shows a good understanding of the various communities being
created with the new house building as well as showing clear
connections with the existing communities for their further secondary
education at Bertha Park High School.   
• The Council’s proposals have generally been supported by those who
participated in the consultation, and the majority of those consulted have
raised no issues or opposition to the proposal.   
7.2 On the basis of the feedback received and taking account of the potential
educational and social benefits of the proposal, it is recommended that the
Committee approves the establishment of a new primary school at Bertha
Park, the establishment of a catchment area for the new primary school and
associated arrangements.

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Authors
Name Designation Contact Details
Karen Robertson Service Manager (Business
Services)
ECSCommittee@pkc.gov.uk
07138 475000 
Approved
Name Designation Date
Sheena Devlin Executive Director (Education and
Children’s Services)
24 October 2022

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ANNEX 
1. IMPLICATIONS, ASSESSMENTS, CONSULTATION AND COMMUNICATION  
Strategic Implications Yes/None
Community Plan/Single Outcome Agreement  Yes
Corporate Plan  Yes
Resource Implications  
Financial  No
Workforce No
Asset Management (land, property, IST) No
Assessments  
Equality Impact Assessment Yes
Strategic Environmental Assessment No
Sustainability (community, economic, environmental) No
Legal and Governance  Yes
Risk No
Consultation 
Internal  Yes
External  Yes
Communication 
Communications Plan  Yes 
1. Strategic Implications 
Community Plan/Single Outcome Agreement 
1.1 This section sets out how the proposals relate to the delivery of the Perth and
Kinross Community Plan/Single Outcome Agreement in terms of the following
priorities: 
(i) Giving every child the best start in life;
(ii) Developing educated, responsible and informed citizens;
(iii) Promoting a prosperous, inclusive and sustainable economy;
(iv) Supporting people to lead independent, healthy and active lives; and
(v) Creating a safe and sustainable place for future generations. 
This report relates to Objective No. (ii).  
Corporate Plan 
1.2 This section sets out how the proposals relate to the achievement of the
Council’s Corporate Plan Objectives: 
(i) Giving every child the best start in life;
(ii) Developing educated, responsible and informed citizens;
(iii) Promoting a prosperous, inclusive and sustainable economy;
(iv) Supporting people to lead independent, healthy and active lives; and
(v) Creating a safe and sustainable place for future generations.

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This report relates to Objective No. (ii). 
1.3 The report also links to the Education & Children’s Services Vision, Values
and Priorities in respect of the following key Priority area: 
• Learning and Achievement 
2. Resource Implications 
Financial 
2.1 There are no financial implications arising from this report.  The Council has
allocated funding for a new primary school within the Composite Capital
Programme.   
Workforce 
2.2 Not applicable. 
Asset Management (land, property, IT) 
2.3 Not applicable. 
3. Assessments 
Equality Impact Assessment 
3.1 Under the Equality Act 2010, the Council is required to eliminate
discrimination, advance equality of opportunity, and foster good relations
between equality groups.  Carrying out Equality Impact Assessments for plans
and policies allows the Council to demonstrate that it is meeting these duties.   
The function, policy, procedure or strategy presented in this report was 
considered under the Corporate Equalities Impact Assessment process   
(EqIA) with the following outcome: 
(i) Assessed as relevant and actions taken to reduce or remove the
following negative impacts: 
• The Equality Impact Assessment did not identify that any parent, child or
young person would be treated less favourably as a result of this proposal. 
The new primary school will comply with the Council’s Accessibility
Strategy and, therefore, would positively promote equal opportunities for
any child who has a disability.   
• In terms of Socio-Economic Impact, the assessment identified that having
a new school located in the community of Bertha Park means that it is
more accessible for those who may be economically disadvantaged.

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Strategic Environmental Assessment   
3.2 The Environmental Assessment (Scotland) Act 2005 places a duty on the
Council to identify and assess the environmental consequences of its
proposals. 
The matters presented in this report were considered under the   
Environmental Assessment (Scotland) Act 2005 and no further action is 
required as it does not qualify as a PPS as defined by the Act and is therefore
exempt. 
Sustainability 
3.3 Not applicable. 
Legal and Governance 
3.4 The Head of Legal and Governance Services has been consulted in the
preparation of this report. The recommendations of the report comply with the
requirements of the Schools Consultation (Scotland) Act 2010.  The
establishment of a new school fulfils the Council’s duty to provide adequate
and efficient education in its area, in line with the Education (Scotland) Act
1980.   
3.5 Not applicable. 
Risk 
3.6 Not applicable. 
4. Consultation 
Internal 
4.1 Consultation on this proposal has been undertaken with key stakeholders as
part of the statutory consultation exercise. 
External 
4.2 This report contains full details of the Statutory Consultation exercise
undertaken in respect of this proposal and this is fully detailed in Appendix A. 
5. Communication 
5.1 If Committee approves the recommendations within this report, the decision
will be issued to all affected schools for communicating to parents and staff,
as well as publication on the Council website.  The Council will update its
Geographic Information System to create and publish the amended
catchment areas for the new school and affected schools in due course.  The
catchment maps are published on the Council website and are linked to

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school registration applications where the correct catchment school is
identified by pupils’ home addresses in sufficient time for school registrations
for Session 2026/27. 
2. BACKGROUND PAPERS 
2.1 No background papers, as defined by Section 50D of the Local Government
(Scotland) Act 1973 (other than any containing confidential or exempt
information) were relied on to any material extent in preparing the above
report. 
3. APPENDICES 
3.1 Appendix A – Consultation Report 
Appendix B – Current Catchment Areas 
Appendix C – Proposed Catchment Areas