(c) Representations (Pages 349-376)
Perth and Kinross Council · 26 May 2025
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4(i)(c) LRB-2025-04 LRB-2025-04 24/00703/IPL – Residential development (in principle), land 140 metres north east of The Bungalow, Benarty Road, Kelty Representations
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Andrew McIntyre (Objects) Comment submitted date: Mon 27 May 2024 I have two objections to this proposed development: 1. Road access - The site is served by a single lane road maintained by the local farmer. This is a road used by families with small children, dog walkers, cyclists and with the planning granted last year for stabling along the road nearer Kelty also now has horses being walked along it. The stabling and dog walking business you approved last year along the road had not yet been launched but this will add significantly to the volume of traffic on the road. Furthermore Fife Council are just completing a large upgrade to the facilities at Lochore and this is already leading to additional traffic heading for the west carpark at the end of the road on which this development sits. The road has no pavement, has significant pot holes which causes cars to swerve unpredictably and has very few passing places, many of which are residential driveways entirely unsuited for the purpose. To add further traffic volume to this road is not appropriate. 2. Living very close to the proposed development site I can attest to the significant wildlife that makes use of the site and the surrounding area. This includes relatively rare birds such as Lesser Redpolls, Cuckoos, Green Woodpeckers, Long Tailed Tits and Bullfinches. Red Squirrels, Bats and Deer are also present. There is a nature corridor that runs all the down the north side of the road which will be disrupted by this development. I am not aware of any plans in place to support nature in the area and for certain this proposed development will do nothing but harm to the natural environment in the area.
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Comments to the Development Management & Building Standards Service Manager on a Planning Application Planning Application ref. 24/00703/IPL Comments provided by Lucy Sumner Service/Section Planning, Transport & Housing Strategy Contact Details Development Contributions Officer: Lucy Sumner Email: DevelopmentContributions@pkc.gov.uk Description of Proposal Residential development (in principle) Address of site Land 140 Metres North East Of The Bungalow Benarty Road Kelty Comments on the proposal Affordable Housing With reference to the above planning application the Council’s Affordable Housing Policy requires that 25% of the total number of houses, above a threshold of 5 units, for which planning consent is being sought is to be in the form of affordable housing. The application proposes 5 dwellinghouses, which would mean that the Affordable Housing Policy would apply. Primary Education With reference to the above planning application the Council Developer Contributions Supplementary Guidance requires a financial contribution towards increased primary school capacity in areas where a primary school capacity constraint has been identified. A capacity constraint is defined as where a primary school is operating at over 80% and is likely to be operating following completion of the proposed development, extant planning permissions and Local Development Plan allocations, at or above 100% of total capacity. This proposal is within the catchment of Cleish Primary School. Recommended planning condition(s) Affordable Housing CO02 The development shall be in accordance with the requirements of Perth & Kinross Council’s Developer Contributions and Affordable Housing Supplementary Guidance 2023 in line with Policy 20: Affordable Housing of the Perth & Kinross Local Development Plan 2 (2019), or such subsequent Guidance and Policy which may replace these. RCO00 Reason – To ensure the development is in accordance with the terms of the Perth and Kinross Local Development Plan 2 (2019) and to comply with the Council’s policy on Developer
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Contributions and Affordable Housing Supplementary Guidance 2023. Primary Education CO01 The development shall be in accordance with the requirements of Perth & Kinross Council’s Developer Contributions and Affordable Housing Supplementary Guidance 2023 in line with Policy 5: Infrastructure Contributions of the Perth & Kinross Local Development Plan 2 (2019) with particular regard to primary education infrastructure, or such subsequent Guidance and Policy which may replace these. RCO00 Reason – To ensure the development is in accordance with the terms of the Perth and Kinross Local Development Plan 2 (2019) and to comply with the Council’s policy on Developer Contributions and Affordable Housing Supplementary Guidance 2023. Recommended informative(s) for applicant N/A Date comments returned 29 May 2024
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M e m o r To Development Management & Building Standards Service Manager Your ref 24/00703/IPL Date 31 May 2024 Communities a n d u m From Regulatory Services Manager Our ref LJA Tel No 01738 475248 Pullar House, 35 Kinnoull Street, Perth PH1 5G Consultation on an Application for Planning Permission 24/00703/IPL RE: Residential development (in principle), land 140 Metres North East of The Bungalow Benarty Road Kelty for Mrs Barbara Constable I refer to your letter email dated 15 May 2024 in connection with the above application and have the following comments to make. Environmental Health Recommendation I have no objections in principle to the application but recommend the undernoted condition be included on any given consent. Comments This application is in principle proposal for 5 dwellinghouses within a steading configaration. There is 1 letter of representation at the time of writing this memorandum, raising objections to the development with regards to road safety, traffic congestion and ecological impact which are not within the remit of this Service. Noise The design statement states that each “unit has suffiecient utility and garage space to allow…….the associated equipment necessary for the running of Air Source Heat Pumps.” There is the potential for the operation of the proposed ASHP units to create noise nuisance at neighbouring residential properties. The World Health Organisation (WHO) issued guidance in 1999 in relation to noise, at which time it was recommended that the following sound levels should be maintained: Leq50- 55dB(A) in outdoor living areas, Leq35dB(A) in internal living areas and Leq30dB(A) in bedrooms. This guidance is consistent with BS8233:2014 which recommends the following sound level ranges: Leq30-40dB(A) in living areas and Leq30-35dB(A) in bedrooms. The sound levels recommended in the guidance do not consider the relative noise level at octave frequency bands. Fixed plant of this type can create noise which has characteristics that are not adequately quantified by means of a Leq limit.
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Therefore, I recommend that a condition, based on Noise Rating, be included on any given consent to protect residential amenity. The applicant should also be mindful of the ASHPs to be installed and should ensure that the undernoted condition can be achieved at the closest neighbouring property to the installed ASHPs and should also consider any cumulative noise effects from ASHPs within close proximity to each other. Condition EH11 All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 20 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart.
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Dr Gail Barclay (Objects) Comment submitted date: Tue 04 Jun 2024 I write to register my objection to the submitted plans in principle. 1. Traffic congestion; the development plans to make use of an unadopted road. This road is already utilised by walkers and cyclists without any provision of pavement or footpath. Additional traffic will create further congestion and risk. 2. Currently there are no street lights of any type along Benarty Road. The addition of "modest street lighting" will be out of character, and will adversely impact other houses in the area with light pollution. In addition it may significantly impact the wildlife in the vicinity, particularly the foraging corridors used by bats. 3. The environmental study was performed in December when air temperature was - 3. As noted by the ecological survey this did not allow for full assessment of wildlife in the vicinity. In particular I would note that SNH confirmed the presence of a 375+ individual colony of Soprano Pipistrelle bats well within the 500m boundary zone shown on the ecological survey in 2012. These bats are still present nightly during summer months. Similarly European hedgehogs are nightly visitors, with red squirrels and deer also present frequently. Further more detailed summer ecological survey would be recommended. 4. The risks posed to the development and the surrounding are due to mine workings are noted to be HIGH. The desk based survey submitted does not give sufficient information to suggest that the risk of explosive gases (which could affect surrounding houses outwith the planned development) have been mitigated against. For the above reasons I OBJECT to the planning proposal.
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M e m o r To Development Management & Building Standards Service Manager Your ref 24/00703/IPL Date 04/06/2024 Communities a n d u m From Regulatory Services Manager Our ref CHF Pullar House, 35 Kinnoull Street, Perth PH1 5GD Consultation on an Application for Planning Permission 24/00703/IPL RE: Residential development (in principle) at Land 140 Metres North East Of The Bungalow Benarty Road Kelty for Mrs Barbara Constable I refer to your letter dated 15 May 2024 in connection with the above application and have the following comments to make. Contaminated Land Comments A Phase 1 Risk Assessment Report produced by Brownfield First Ltd dated May 2022 has been submitted with this application. The report has identified a number of potential risks to the development and has recommended that further works are undertaken to quantify these risks. The Land Quality team at Fife Council have also been made aware of this development as it falls within the council boundary, however, they have no further comments to add to this response. Therefore, if planning permission is granted in respect of this development I would recommend that the following condition is applied within the consent. Condition EH41 Prior to the commencement of works on site, an evaluation for the potential of the site to be affected by contamination by a previous use should be undertaken and as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) will be submitted for consideration by the Council as Planning Authority. If after the preliminary risk assessment identifies the need for further assessment, an intrusive investigation should be undertaken to identify; I. the nature, extent and type(s) of contamination on the site II. measures to treat/remove contamination to ensure the site is fit for the use proposed III. measures to deal with contamination during construction works IV. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the agreed measures to decontaminate the site shall be fully implemented as approved by the Council as Planning Authority. Validation that the scheme has been fully implemented must also be submitted to the Council as Planning Authority.
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Comments to the Development Quality Manager on a Planning Application Planning Application ref. 24/00703/IPL Comments provided by Katrina Walker Service/Section Development Plans Contact Details klwalker@pkc.gov.uk Description of Proposal Residential development (in principle) Address of site Land 140 Metres North East of The Bungalow, Benarty Road, Kelty Comments on the proposal Comments have been requested specifically on the compatibility with brownfield sites criteria for the LDP Housing in the Countryside policy and associated supplementary guidance. A previous application on the site was refused by LRB on the grounds that the proposal was contrary to policies 19 and 58B of the LDP and policies 9 and 23 of NPF4. In relation to the NPF policies and LDP policy 58B I note that assessments have been submitted and the appropriate internal and external consultees have responded on these. In relation to policy 19, the previous proposal was considered unacceptable as it would be contrary to policy 19 and associated guidance in that it would entail the development of brownfield land without the required contaminated land investigation and remediation plan, including an assessment of the detrimental impact on the landscape should the land not be developed. Category 6 of the Housing in the Countryside guidance is intended to allow a) small scale housing proposals on cleared sites which have been significantly degraded by a former use or activity, and which require to be remediated as the contamination present is a significant risk to human health or the wider environment and b) redevelopment of a site where housing is the only means by which it is viable to remediate the site. A phase 1 site investigation has been submitted with the current application and the applicant confirms that a phase 2 investigation would be submitted as part of any full planning application. As the phase 1 investigation report confirms, for risk to exist there has to be a contamination source, a receptor and a linkage between them. The initial risk assessment identifies several moderate risk sources with a likely probability and medium to severe consequence. I am taking from this that contamination is present on the site which may pose significant risk to human health or the wider environment and therefore requires remediation. In relation to b) the Design Statement submitted with the application states at 4.17 that ‘the small scale and modest residential development on this degraded piece of land is the only means by which it is viable to remediate the site’. Whilst this is noted, I would suggest that evidence
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should be provided to demonstrate this. This could include, for example, the other options which have been considered for funding the remediation of the site. Whilst not specifically mentioned in the previous refusal, I would also highlight that category 6 requires that, prior to permitting a rural brownfield site to be redeveloped for housing it must be demonstrated that there are no other pressing requirements for the site such as business or tourism. Overall, it is accepted that the site is brownfield and contamination is present which requires to be remediated. I do not, however, consider that sufficient evidence has been provided to demonstrate that housing is the only viable option for remediating the site. Nor does any consideration appear to have been given to alternative uses for the site as required by LDP policy 19. Recommended planning condition(s) Recommended informative(s) for applicant Date comments returned 5/6/24
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Mr William Watt (Objects) Comment submitted date: Wed 05 Jun 2024 I object to the proposed application for the following reasons: - This application is just a rehash of 22/01025/IPL, I do not believe that the faults with that application have been resolved, certainly not by some slight rewording of a couple of documents to try to skirt around the previous refusal. I think it will take a little more than some hand waving to distract from these fatal flaws in the renewed application - Site is a habitat for deer, red squirrels, bats and owls. - Further destruction of woodland, owner has already destroyed a large number of mature trees probably without planning permission but there are still a significant number of established trees at the site. - Poorly maintained single track access road. The lane goes across two bridges, one of which has many stones missing. There are significant pot holes including a large one at the start of the lane which encourages cars to move into the other side of the lane just as oncoming traffic comes around the corner. Other recently approved planning applications have already greatly increased the expected volume of traffic on this lane. For some reason the attitude to planning permission has been to approve and ignore the state of the access road as it is not an adopted road and the burden does not fall on the council to rectify any problems. - There is no economic benefit and no long or even short term employment created by the development. It will be just another dormitory for Edinburgh - There is no overall plan to the growing strip of developments that the council has approved along this lane. Additional buildings on this site will extend the strip development beyond the natural break/boundary of the old railway banking. There is no consistent style and it will detract from the visual attractiveness of the lane. Once this development is built it will provide justification for further development I would suggest a site visit to establish clearly where this site is in relation to existing housing
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Comments to the Development Quality Manager on a Planning Application Planning Application ref. 24/00703/IPL Comments provided by Carlyn Morilly Transportation Development Officer Service/Section Transportation & Development Contact Details TransportPlanning@pkc.gov.uk Description of Proposal Residential development (in principle) Address of site Land 140 Metres North East Of The Bungalow Benarty Road Kelty 56°08'48.1"N 3°22'49.4"W Comments on the proposal The applicant is seeking permission in principle for the erection of a residential development on brownfield site north of Benarty Road. Transport Statement The applicant shall provide a transport statement detailing the transport issues relating to the proposed development site, baseline transport data, and how predicted trip generation will be distributed on the surrounding transport network. Transport Assessment and Transport Statement guidance can be found at https://www.pkc.gov.uk/article/17629/Transport-assessment-guidance The Transport Statement shall consider construction traffic requirements in terms of remediation and construction works and the impact on the private road to the site. The Transport Statement should outline the expected numbers and types of vehicles that will be accessing the site. Proposed measures to mitigate adverse impacts on the transport network, including the design of passing places and footways, and measures to encourage sustainable travel mode choice shall also be outlined. More information is required to better understand the likely impact on the core path, private road and public road network from the previous land use and how the material on site will be managed. Vehicular Access Vehicular access to the site is proposed to be taken off the unadopted Benarty Road. Benarty Road is, in turn, taken off the B996 public road. The private road is a recognised core path (CLSH/142) and is signed for Loch Ore Meadows Country Park, where a number of people walk and cycle, sharing the road with vehicular traffic. Objections have been raised on grounds of the condition and capacity of the narrow, private single-track road to accommodate additional vehicular traffic. In respect of the private road, the condition and maintenance thereof are a private legal matter and it is not considered reasonable to request the applicant to bring the road up to an adoptable standard. Engagement
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between the owner of the road and the developers and will be required to address matters of maintenance. To determine the suitability of the vehicle access, the applicant is requested to show the visibility splay for the vehicle access to show the splay to both the left and right of each access on a formal submission and any remedial works required. The splay shall be provided to the left and right of the access from a point 2.4 metres back from the edge of the carriageway measured between points 1.05 metres above the road level. Vehicle access to the site shall be detailed and formed in accordance with Perth and Kinross Council’s Road Development Guide. The gradient of the access shall not exceed 3% for the first five metres measured back from the edge of the carriageway and the access shall be constructed so that no surface water is dis-charged to the Benarty Road. A level survey will help understand the gradients in this location. Any vehicle access should support the largest vehicle type (including servicing and delivery vehicles) entering and exiting in a forward-facing gear. Parking The number of car parking spaces being provided for each dwellinghouse (including visitor parking) should be in accordance with The National Roads Development Guide, based on the number of bedrooms proposed. Should a garage be proposed for parking, the size of space within the garage must be a minimum of 7.0m x 3.0m (internal dimensions), as set out in the standards defined in The National Roads Development Guide. Sufficient road width shall be demonstrated for parking manoeuvres (standard is 6.0m). Secure cycle parking shall be provided in accordance with the SCOTS National Roads Development Guide. Internal Site Layout The applicant shall demonstrate that the internal site layout provides continuous and connected footways that are unobstructed and accessible. The internal site footways shall be seamlessly connected to external footways to maximise safe connectivity for active travel. The proposed site plan shall detail the proposed widths of the internal access tracks. The track widths shall be detailed with a minimum width of 3.7m adjacent to low rise dwellings for safe access paths for fire tenders, to the satisfaction of Planning Authority. Turning facilities shall be provided within the site to enable vehicles to enter and leave in a forward-facing gear. A swept path demonstrating that servicing and delivery vehicles can turn within the site shall be detailed.
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Adoption The applicant shall detail the intention for adoption of roads by Perth and Kinross Council as the Roads Authority. If the intention is for any road to be adopted by the Roads Authority, the applicant shall detail and construct the road to an adoptable standard. Information on Road Construction Consent (RCC) can be found at Road construction consent guide. Waste The intention for waste collection shall be detailed, including a safe area of hardstanding for the presentation of bins that does not obstruct vehicular or pedestrian traffic. If the intention is for the internal site to be adopted, a swept path analysis shall be provided for 12 metre bin lorries to demonstrate that they can turn or service the site. Drainage All drainage infrastructure shall be detailed on the site plan. Streetlighting An approved street lighting design is required for any proposed adoptable areas including the site access at Benarty Road. A condition is recommended. Construction Traffic Management Scheme A construction traffic management plan (CTMP) will be required to be submitted to and agreed in writing by the Council. A condition is recommended. Public Transport The applicant shall detail safe, connected footways that enable safe paths to surrounding bus stops for all abilities. An assessment of the surrounding public transport network and school bus services shall be detailed in the Transport Statement. Recommended planning condition(s) More information is required before Transportation and Development can support this application. Recommended informative(s) for applicant Date comments returned 17 July 2024.
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Comments to the Development Quality Manager on a Planning Application Planning Application ref. 24/00703/IPL Comments provided by Andrew Smith Service/Section HE/Flooding Contact Details andrewsmith@pkc.gov.uk Description of Proposal Residential development (in principle) Address of site Land 140 Metres North East Of The Bungalow Benarty Road Kelty Comments on the proposal No objection – condition applied. Based on a review of the SEPA map and site/access topography, flood risk should be negligible. For further details regarding SEPA flood maps, please refer to Flood Risk Management Maps (sepa.org.uk). The consultant's design statement suggests using a soakaway as a drainage solution. However, the site is a brownfield site with potential soil contamination, which may make typical drainage solutions, like soakaways, unsuitable. An early Drainage Impact Assessment that considers site investigation is suggested. Recommended planning condition(s) PP02 Further to Condition 1 above, a Drainage Impact Assessment (DIA) shall be submitted as part of the specified matters requiring to be the subject of a further formal planning application for the approval of the Council as Planning Authority. The DIA shall be developed in accordance with the Council’s Flood Risk and Flood Risk Assessment Developer Guidance. DR00 Development shall not commence on site until a detailed sustainable urban drainage system (SUDS) has been submitted for the written agreement of the Council as Planning Authority, in consultation with SEPA where necessary. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council’s Flood Risk and Flood Risk Assessments Developer Guidance, and shall incorporate source control. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. DR01 Storm water drainage from all paved surfaces, including the access, shall be disposed of by means of suitable a Sustainable Urban Drainage System to meet the requirements of best management practices. EH41 Development shall not commence on site until an evaluation for the potential of the site to be affected by contamination by a previous use has been undertaken and, as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been submitted for consideration and accepted by the Council as Planning Authority. If the preliminary risk assessment identifies the need for further assessment, an intrusive investigation shall be undertaken to identify; I. the nature, extent and type(s) of contamination on the site
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II. measures to treat/remove contamination to ensure the site is fit for the use proposed III. measures to deal with contamination during construction works IV. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Recommended informative(s) for applicant The applicant is advised to refer to Perth & Kinross Council’s Supplementary guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. Date comments returned 7/08/2024