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(c) Representations (Pages 291-310)

Perth and Kinross Council · 26 January 2026
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4(ii)(c)
LRB-2025-20
LRB-2025-20
24/00391/IPL - Residential development and associated
works (in principle), land 90 metres east of 13 Park Grove,
Spittalfield, Perth, PH1 4LH
Representations

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Comments to the Development Quality Manager on a Planning Application
Planning 
Application ref. 24/00391/FLL Comments
provided by Diane Barbary
Service/Section Conservation Contact
Details 
Description of
Proposal  Residential development and associated works (in principle) 
Address of site  Land 90 Metres East Of 13 Park Grove Spittalfield 
Comments on the
proposal  The proposed development is to the east of the Spittalfield Conservation
Area, within a site allocated for development in LDP2. 
The site is separated from the conservation area and its concentration of
listed buildings by an area of more recent development. Given the distance
and relatively flat topography, an appropriately scaled and designed
development is unlikely to result in an adverse impact on wider views. 
The woodland setting is important to the character of the conservation area,
however, and it should be ensured that existing trees are protected and new
native species planting forms part of a detailed scheme, should it be
approved.   
Recommended
planning
condition(s)  
Recommended
informative(s) for
applicant 
Date comments
returned 03/04/2024

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Comments to the Development Management & Building Standards Service
Manager on a Planning Application
Planning
Application ref.
24/00391/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 and associated works (in principle) 
Address of site  Land 90 Metres East Of 13 Park Grove Spittalfield Perth PH1 4LH
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 dwelling houses, 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 Glendelvine 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 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:

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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 03 April 2024

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Comments to the Development Quality Manager on a planning application
Planning Application
ref.
24/00391/IPL Comments
provided by
Development Plans
Service/Section Development Plans Contact
Details
Developmentplan@pkc.gov.uk 
Description of
Proposal
Residential development and associated works (in
principle)
Address of site Land 90 Metres East Of 13 Park Grove Spittalfield
Perth PH1 4LH
Comments on the
proposal 
The below response highlights key policy matters relating to the principle of the
development, taking into account relevant policies of National Planning Framework
4 (NPF4) and Perth & Kinross Local Development Plan (LDP). 
Site MU6 – Spittalfield 
The application falls within land identified as a mixed use allocated site (ref: MU6) in
the Perth & Kinross LDP. Residential use falls within one of the uses identified for
the site therefore the principle of further residential accommodation is acceptable.
Two residential units have already been consented and are either built/under
construction at the north of the site (ref: 20/01903/FLL and 21/01507/FLL). The
proposal is for 5 no. residential units in the central section of the site. 
The MU6 site is identified for employment and residential uses, with a limit of up to
20 residential units on no more than 75% of the site. There are a number of site-
specific requirements included in the LDP for the MU6 allocation:
 Class 4-6 units or serviced land compatible with neighbouring residential
uses.
 Retention/protection and enhancement of woodland along the eastern
boundary of site; green infrastructure on the site to link to this wider
network.
 Archaeological potential requires investigation with mitigation if necessary.
 Enhancement of biodiversity 
The previous Local Development Plan (2014) required the 'comprehensive
development of the site' and `delivering the employment uses in advance or in
conjunction with residential development`. These requirements however were not
carried forward to the current LDP in order to reflect the in-principle consent
(16/01358/IPL) granted through PKLRB appeal in 2016 for 2 residential units on the
site to the north of the site identified in the application. 
Mixed use site 
Including the 2 residential units already consented, the total number of units across
the site would be 7. This does not breach the 20 units limit and therefore acceptable
in principle subject to detailed matters being taken into account. The remaining part
of the site is approximately 25% of the total site area therefore the principle of
residential development within this part of the site is acceptable. The mixed-use
nature of the allocation was highlighted during pre-application discussions including
a request for further details on how the employment uses have been considered.  To
date there has been limited progress for an overall mixed use development on the
site, with a focus on the residential element.

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A supporting statement has been provided which identifies the remainder of the site
being available for the delivery of employment related use(s) compatible with the
surrounding residential use. Marketing information has also been included with the
application however no further context is given to this marketing exercise. 
Whilst – as aforementioned – the LDP does not include requirements around
phasing of the employment related use(s) as part of the wider, it is unclear if the
marketing information included as part of the application is aiming to demonstrate
that the whole site should be developed for 100% residential or if, indeed, a mixed
use is still being pursued. Confirmation on this point is required. A masterplan for
the whole site including any employment related use(s) on the remaining land
would provide some surety that the site would be delivered for mixed use, as
prescribed in the LDP. This is particularly the case where consideration of the
suitability of the mixed-use development in terms of protecting amenity and
ensuring compatibility would be informed by a site-wide masterplan approach. 
No information on the delivery of the employment related use(s) has been
submitted as part of the Delivery Strategy requirements of the allocated site, as
prescribed by Policy 23 of the LDP. 
Site specific developer requirements 
The first site specific developer requirement is considered above. 
Site specific requirements 2 and 4 in relation to woodland, biodiversity and green
infrastructure should be considered at this stage, particularly in the context of
ensuring the design and layout of the site provides an appropriate response to these
requirements. The indicative layout and supporting statement suggest that the
existing woodland is to be protected with no tree felling proposed. The indicative
layout includes landscaping proposals which includes additional planting at the
eastern edge of the site, as well as proposals for varied landscaping throughout the
development including native planting/hedging. Silver birch trees are proposed
however other native species should also be considered alongside to maximise
biodiversity and amenity value. Generally, the indicative landscaping proposals are
an improvement from the pre-application submission. Full landscaping details will
be required through condition and to be addressed at the detailed design stage.
Consultation with the Council’s Biodiversity Officer will assist in confirming if
proposed biodiversity enhancements are suitable. 
In terms of site-specific requirement 3, Perth & Kinross Heritage Trust have been
consulted and will advise on archaeological matters. 
Spittalfield Settlement Summary 
Spittalfield Settlement Summary (p. 311) included in the LDP identifies that any
additional development in Spittalfield will require investigation of the capacity of the
public drainage system which has limited capacity. Scottish Water has been
consulted to provide input on this matter.
Recommended
planning
condition(s)
N/A
Date comments
returned 03.04.2024

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M e m o r     
To Development Management & Building         
Standards Service Manager   
Your ref 24/00391/IPL 
Date  04/04/2024 
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
24/00391/IPL RE: Residential development and associated works (in principle) at Land 90
Metres East Of 13 Park Grove Spittalfield Perth PH1 4LH for Mr Gary McLuskey And Mr Scott
McKillop 
I refer to your letter dated 15 March 2024 in connection with the above application and have
the following comments to make. 
Contaminated Land 
Recommendation 
The proposed development is on land that has been identified as a former coachworks.
There is also a gravel pit immediately south. There is the potential for contamination to be
present within the proposed site as a result of these former activities. 
I therefore recommend the following condition be applied to the application. 
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.
24/00391/IPL Comments
provided by
Lachlan MacLean
Project Officer – Transport Planning
Service/Section Transport Planning Contact
Details
TransportPlanning@pkc.gov.uk
Description of
Proposal
Residential development and associated works (in principle) 
Address of site Land 90 Metres East Of 13 Park Grove Spittalfield Perth PH1 4LH
Comments on the
proposal
The applicant is proposing to erect 5 dwellinghouses on land identified within
the Local Development Plan for site MU6.
No detailed plans have been included to show the size of the dwellinghouses
to be constructed, but the applicant has shown that 3 car parking spaces can
be accommodated within the site.  Any further applications for the site, shall
ensure that the development complies with the National Roads Development
Guide.
The applicant has not shown how the development will connect to the
existing infrastructure within the village for residents travelling by foot.  The
applicant has advised under Policy 14 of NPF4 that bus stops are within 150
metres of the site, but it is unclear how these can be accessed safely from the
site with no links to the footway on the north and south of the A984.  More
detailed plans are required to meet LDP2 requirements for connecting into
existing infrastructure.
Concerns were raised previously about the proposed vehicle access being in
very close proximity to Park Grove and the potential for confusion as to
where vehicles are turning into if there were to be two residential vehicle
accesses close together.  I would be looking for an independent road safety
audit to address concerns about junction spaces, standards and visibility
splays obscured by vegetation out with the control of the applicant before
any further discussions can be progressed.  More details required.
Notwithstanding the comments above, it is unclear why the red line
boundary of the site does not connect with the public road network.
Transport Planning are not in a position to support this application and
further details are required to address concerns.
Recommended
planning
condition(s)
Recommended
informative(s) for
applicant
Date comments
returned

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Comments to the Development Quality Manager on a Planning Application
Planning
Application ref.
24/00391/IPL Comments
provided by
Joanna Dick
Tree and Biodiversity Officer
Service/Section Strategy and Policy  Contact
Details
Phone 75377
Email biodiversity@pkc.gov.uk
Description of
Proposal
Residential development and associated works (in principle)
Address of site Land 90 Metres East Of 13 Park Grove Spittalfield Perth PH1 4LH
Comments on the
proposal 
NPF4 Policy 3 Biodiversity 
a) Development proposals will contribute to the enhancement of
biodiversity, including where relevant, restoring degraded habitats
and building and strengthening nature networks and the connections
between them. Proposals should also integrate nature-based
solutions, where possible. 
The submitted Ecological Impact Assessment (EcIA) Report is acceptable as
the methods are in accordance with published best practice and survey was
undertaken at the correct time of year. 
NPF4 Policy 3 Biodiversity 
c) Proposals for local development will include appropriate measures to
conserve, restore and enhance biodiversity, in accordance with
national and local guidance. Measures should be proportionate to the
nature and scale of development. 
The submitted EcIA Report recommends measures that would contribute
towards biodiversity enhancement that are in accordance with the PKC
Planning for Nature Guidance. Details of enhancement measures such as
quantity, locations, techniques, timescales and monitoring arrangements are
required. Enhancement measures should also be incorporated into design
schemes and architects’ drawings to ensure they are realised. 
NPF4 Policy 6 
b) Development proposals will not be supported where they will result in: 
i. Any loss of ancient woodlands, ancient and veteran trees, or adverse
impact on their ecological condition. 
The submitted Tree Survey, Arboricultural Impact Assessment, and Tree
Protection Plan is comprehensive. It states that no trees will be felled for the
development but the root protection areas of five trees (T5, 6, 7, 15, 19)
along the property boundary lines will be impacted by less than 10%. It is
considered that there is sufficient unimpacted rooting area to ensure the
long-term survival of these trees. 
Ancient Woodland
The submitted Tree Survey, Arboricultural Impact Assessment, and Tree
Protection Plan notes that the south-eastern part of the site is shown as

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Ancient Woodland of Long-Established Plantation Origin on the Ancient
Woodland Inventory (AWI). This area is currently semi-improved neutral
grassland. Having consulted historical maps, this area of grassland included
on the AWI cannot be classed as ancient woodland as it has not been
continuously wooded since at least 1750. However, the rest of the woodland
does meet the criteria and is ancient woodland. 
Scottish Government classes ancient woodland as “an irreplaceable resource
and, along with other woodlands, hedgerows and individual trees, especially
veteran trees of high nature conservation and landscape value, should be
protected from adverse impacts resulting from development”. 
There are trees, tree root protection zones and tree canopies from the
Ancient Woodland which will be located within the garden ground of three of
the new properties. 
NPF4 Policy 6 b) i. states that development will not be supported where it will
result in any loss of ancient woodlands or adverse impact on their ecological
condition. This development does not propose any tree loss but placing
garden ground within and housing so close to ancient woodland places
additional pressure on the habitat through:
 ground disturbance and root damage from permitted development
to create larger gardens, ponds, sheds and paving once houses are
occupied.
 increased noise, disturbance and recreation impacting on woodland
species.
 increased lighting impacting nocturnal species using the woodland
edge for foraging such as bats (noted in the submitted EcIA Report). 
 increased potential to introduce non-native invasive species that can
spread from gardens. 
To protect the ancient woodland, gardens need to be set outside the root
protection areas (RPAs) of all trees. Ancient Woodland Inventory sites are
irreplaceable habitat and a UK Biodiversity Action Plan priority habitat type
with high biodiversity value. The Tayside Local Biodiversity Action Plan seeks
to enhance, restore and extend coverage of ancient woodland. 
PKC LDP2 Developer Requirements for this site (MU6) includes
retention/protection and enhancement of woodland along the eastern
boundary of the site and the current amount of proposed planting is not
sufficient to meet this requirement. Ideally, a buffer of 50m from ancient
woodland is requested but, in this instance, at least 10m is required. 
Conclusion
The proposed development is contrary to NPF4 because of the proximity of
housing and garden ground to ancient woodland that will, in my view, lead to
adverse impact on their ecological condition due to the list above.

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In order to be in accordance with NPF4, the following is required:
1. Reduce impacts of the proposed development to ancient woodland
by revising the site layout to allow a significant buffer (at least 10m)
between the houses and gardens planted with trees and shrubs
native to Scotland. This will help reduce ground disturbance to create
larger gardens and increased potential to introduce non-native
invasive species that can spread from gardens by creating a strong
boundary between the two land uses. It will also help reduce impacts
of increased noise, disturbance and lighting on woodland dwelling
species. 
2. Confirmation of biodiversity enhancement measures. 
A checklist of information required to inform a planning application regarding
biodiversity is provided in Annex 4 of the PKC Planning for Nature
Supplementary Guidance. Applicants are encouraged to ensure information is
submitted in accordance with the checklist to reduce future information
requests and delays Planning Guidance - Planning & Biodiversity - Perth &
Kinross Council (pkc.gov.uk) 
Recommended
planning
condition(s) 
Recommended
informative(s) for
applicant 
Date comments
returned 16 April 2025

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Comments to the Development Quality Manager on a Planning Application
Planning
Application ref.
24/00391/IPL Comments
provided by
Andrew Smith
Service/Section HE/Flooding Contact Details 
Description of
Proposal
Residential development and associated works (in principle)
Address of site Land 90 Metres East Of 13 Park Grove Spittalfield Perth PH1 4LH
Comments on
the proposal
No Objection.
The SEPA flood risk management maps show minimal flood risk to the site and access
track.
From reviewing the site's drainage strategy, there is no commentary on the drainage
layout, detailed drawings, or design specifics.
Recommended
planning
condition(s) 
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
05/05/2025

Page 20

Comments to the Development Quality Manager on a Planning Application
Planning
Application ref.
24/00391/IPL Comments
provided by
Lachlan MacLean
Project Officer – Transport Planning
Service/Section Transport Planning  Contact
Details
TransportPlanning@pkc.gov.uk
Description of
Proposal
Residential development and associated works (in principle) 
Address of site Land 90 Metres East Of 13 Park Grove Spittalfield Perth PH1 4LH
Comments on the
proposal 
The applicant is proposing to erect 5 dwellinghouses on land identified within
the Local Development Plan for site MU6. 
The concerns raised previously have not been addressed in full, in terms of
safe access and egress into and out of the site, visibility splays, connectivity
to the wider village, proximity of the junction to Park Grove and red line
boundary. 
Transport Planning are not in a position to support this application. 
Recommended
planning
condition(s) 
Recommended
informative(s) for
applicant 
Date comments
returned 15 May 2025