(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
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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. 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