Democracy Spraffa

Item 4(v) LRB-2023-09

Perth and Kinross Council · 24 April 2023
Back to Local Review Body — 24 April 2023 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

4(v)
LRB-2023-09
LRB-2023-09
22/01707/FLL – Erection of 4 dwellinghouses and 3
garages, land 50 metres south east of Craigton Gardens,
Cleish
INDEX
(a) Papers submitted by the Applicant (Pages 617-710)
(b) Decision Notice (Pages 713-715)
Report of Handling (Pages 717-728)
Reference Documents (Pages 641-647, 649-651, 653-
708 and 729-740)
(c) Representations (Pages 741-766)
615

Page 2

616

Page 3

4(v)(a)
LRB-2023-09
LRB-2023-09
22/01707/FLL – Erection of 4 dwellinghouses and 3
garages, land 50 metres south east of Craigton Gardens,
Cleish
PAPERS SUBMITTED
BY THE
APPLICANT
617

Page 4

618

Page 5

Page 1 of 5
Pullar House 35 Kinnoull Street Perth PH1 5GD  Tel: 01738 475300  Fax: 01738 475310  Email: onlineapps@pkc.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100420223-008
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
JON FRULLANI ARCHITECT
JON
FRULLANI
Perth Road
140
01382224828
DD1 4JW
United Kingdom
Dundee
jon@jfarchitect.co.uk
619

Page 6

Page 2 of 5
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Mr
Richard Scott
Perth and Kinross Council
Black Cleish
Mawmill Farm
KY13 0LN
Land South of Ceardach Smiddy Cottage
Scotland
698962
Kinross
309061
jon@jfarchitect.co.uk
620

Page 7

Page 3 of 5
Description of Proposal
Please provide a description of your proposal to which your review relates. The description should be the same as given in the
application form, or as amended with the agreement of the planning authority: *
(Max 500 characters)
Type of Application
What type of application did you submit to the planning authority? *
  Application for planning permission (including householder application but excluding application to work minerals).
  Application for planning permission in principle.
  Further application.
  Application for approval of matters specified in conditions.
What does your review relate to? *
  Refusal Notice.
 Grant of permission with Conditions imposed.
  No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal.
Statement of reasons for seeking review
You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement
must set out all matters you consider require  to be taken into account in determining your review. If necessary this can be provided as a
separate document in the ‘Supporting Documents’ section: *  (Max 500 characters)
Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce
all of the information you want the decision-maker to take into account.
You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at
the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that
time or that it not being raised before that time is a consequence of exceptional circumstances.
Have you raised any matters which were not before the appointed officer  at the time the  Yes   No
Determination on your application was made? *
If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before
your application was determined and why you consider it should be considered in your review: * (Max 500 characters)
Erection of 4 dwellinghouses and 3 garages
The proposed development has been demonstrated to maintain the amenity and environmental quality of the houses adjacent to
the Review Site while also complementing the rural character and appearance of the surrounding area. In this regard the Review
Statement demonstrates the proposals compliance with the Development Plan contrary to the Council’s Reasons for Refusal 1
and 2. The information provided in support of this Notice of Review addresses matters raised by consultees in the assessment.
621

Page 8

Page 4 of 5
Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend
to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)
Application Details
Please provide the application reference no. given to you by your planning
authority for your previous application.
What date was the application submitted to the planning authority? *
What date was the decision issued by the planning authority? *
Review Procedure
The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review
process require that further information or representations be made to enable them to determine the review. Further information may be
required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or
inspecting the land which is the subject of the review case.
Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other
parties only,  without any further procedures? For example, written submission, hearing session, site inspection. *
 Yes   No
In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:
Can the site be clearly seen from a road or public land? *  Yes   No
Is it possible for the site to be accessed safely and without barriers to entry? *  Yes    No
Checklist – Application for Notice of Review
Please complete the following checklist to make sure  you have provided all the necessary information in support of your appeal. Failure
to submit all this  information may result in your appeal  being deemed invalid.
Have you provided the name and address of the applicant?.  *  Yes   No
Have you provided the date and reference number of the application which is the subject of this  Yes   No
review? *
If you are the agent, acting on behalf of the applicant, have you provided details of your name  Yes   No   N/A
and address and indicated whether any notice or correspondence required in connection with the
review should be sent to you or the applicant? *
Have you provided a statement setting out your reasons for requiring a review and by what  Yes   No
procedure (or combination of procedures) you wish the review to be conducted? *
Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider
require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review
at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely
on and wish the Local Review Body to consider as part of your review.
Please attach a copy of all documents, material and evidence which you intend to rely on  Yes   No
(e.g. plans and Drawings) which are now the subject of this review *
Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a
planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the
application reference number, approved plans and decision notice (if any) from the earlier consent.
Location Plan Rural Location Plan House Type 1 Floor Plans and Elevations House Type 2 Floor Plans and Elevations House
Type 3 Floor Plans and Elevations Existing Site Plan Proposed Site Plan Proposed Garages Plans and Elevations Green Runoff
Rate Est Phosphorus Mitigation Calculations Septic tank for upgrading address Tree Report Bat Survey Flood Risk Assessment
Review Statement
22/01707/FLL
22/11/2022
28/09/2022
622

Page 9

Page 5 of 5
Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mr JON FRULLANI
Declaration Date: 21/02/2023
623

Page 10

624

Page 11

625

Page 12

626

Page 13

627

Page 14

628

Page 15

629

Page 16

630

Page 17

631

Page 18

632

Page 19

633

Page 20

634

Page 21

635

Page 22

636

Page 23

637

Page 24

638

Page 25

639

Page 26

640

Page 27

641

Page 28

642

Page 29

643

Page 30

644

Page 31

645

Page 32

646

Page 33

647

Page 34

648

Page 35

649

Page 36

650

Page 37

651

Page 38

652

Page 39

653

Page 40

654

Page 41

655

Page 42

656

Page 43

657

Page 44

658

Page 45

659

Page 46

660

Page 47

661

Page 48

662

Page 49

663

Page 50

664

Page 51

665

Page 52

666

Page 53

667

Page 54

668

Page 55

669

Page 56

670

Page 57

671

Page 58

672

Page 59

673

Page 60

674

Page 61

675

Page 62

676

Page 63

677

Page 64

678

Page 65

679

Page 66

680

Page 67

681

Page 68

682

Page 69

683

Page 70

684

Page 71

685

Page 72

686

Page 73

687

Page 74

688

Page 75

689

Page 76

690

Page 77

691

Page 78

692

Page 79

693

Page 80

694

Page 81

695

Page 82

696

Page 83

697

Page 84

698

Page 85

699

Page 86

700

Page 87

Millard Consulting Page 1
Seabraes Job No 16747
18 Greenmarket Craigton Quarry, Mawmill
Dundee 0.022ha to be attenuated
Date 23/07/2021 14:27 Designed by
File 16747 - 0.022ha - Polystorm... Checked by
Innovyze Source Control 2017.1.2
Summary of Results for 200 year Return Period (+35%)
©1982-2017 XP Solutions
Half Drain Time : 43 minutes.
Storm
Event
Max
Level
(m)
Max
Depth
(m)
Max
Infiltration
(l/s)
Max
Control
(l/s)
Max
Σ Outflow
(l/s)
Max
Volume
(m³)
Status
15 min Summer 0.240 0.240 0.0 1.4 1.4 4.1 O K
30 min Summer 0.305 0.305 0.0 1.6 1.6 5.2 O K
60 min Summer 0.349 0.349 0.0 1.7 1.7 6.0 O K
120 min Summer 0.331 0.331 0.0 1.7 1.7 5.7 O K
180 min Summer 0.308 0.308 0.0 1.6 1.6 5.3 O K
240 min Summer 0.285 0.285 0.0 1.6 1.6 4.9 O K
360 min Summer 0.247 0.247 0.0 1.4 1.4 4.2 O K
480 min Summer 0.218 0.218 0.0 1.3 1.3 3.7 O K
600 min Summer 0.194 0.194 0.0 1.3 1.3 3.3 O K
720 min Summer 0.175 0.175 0.0 1.2 1.2 3.0 O K
960 min Summer 0.145 0.145 0.0 1.1 1.1 2.5 O K
1440 min Summer 0.108 0.108 0.0 0.9 0.9 1.8 O K
2160 min Summer 0.078 0.078 0.0 0.7 0.7 1.3 O K
2880 min Summer 0.062 0.062 0.0 0.6 0.6 1.1 O K
4320 min Summer 0.049 0.049 0.0 0.5 0.5 0.8 O K
5760 min Summer 0.043 0.043 0.0 0.4 0.4 0.7 O K
7200 min Summer 0.039 0.039 0.0 0.4 0.4 0.7 O K
8640 min Summer 0.036 0.036 0.0 0.3 0.3 0.6 O K
10080 min Summer 0.034 0.034 0.0 0.3 0.3 0.6 O K
15 min Winter 0.271 0.271 0.0 1.5 1.5 4.6 O K
30 min Winter 0.347 0.347 0.0 1.7 1.7 5.9 O K
60 min Winter 0.391 0.391 0.0 1.8 1.8 6.7 O K
120 min Winter 0.359 0.359 0.0 1.8 1.8 6.1 O K
Storm
Event
Rain
(mm/hr)
Flooded
Volume
(m³)
Discharge
Volume
(m³)
Time-Peak
(mins)
15 min Summer 119.164 0.0 4.9 16
30 min Summer 84.243 0.0 6.9 27
60 min Summer 55.866 0.0 9.2 44
120 min Summer 33.235 0.0 11.0 78
180 min Summer 24.668 0.0 12.2 112
240 min Summer 20.020 0.0 13.2 144
360 min Summer 14.976 0.0 14.8 208
480 min Summer 12.229 0.0 16.1 270
600 min Summer 10.466 0.0 17.3 332
720 min Summer 9.226 0.0 18.3 392
960 min Summer 7.574 0.0 20.0 512
1440 min Summer 5.731 0.0 22.7 750
2160 min Summer 4.359 0.0 25.9 1104
2880 min Summer 3.594 0.0 28.5 1468
4320 min Summer 2.731 0.0 32.4 2200
5760 min Summer 2.249 0.0 35.6 2904
7200 min Summer 1.933 0.0 38.3 3624
8640 min Summer 1.710 0.0 40.6 4320
10080 min Summer 1.544 0.0 42.8 5096
15 min Winter 119.164 0.0 5.5 16
30 min Winter 84.243 0.0 7.8 29
60 min Winter 55.866 0.0 10.3 48
120 min Winter 33.235 0.0 12.3 84
701

Page 88

Millard Consulting Page 2
Seabraes Job No 16747
18 Greenmarket Craigton Quarry, Mawmill
Dundee 0.022ha to be attenuated
Date 23/07/2021 14:27 Designed by
File 16747 - 0.022ha - Polystorm... Checked by
Innovyze Source Control 2017.1.2
Summary of Results for 200 year Return Period (+35%)
©1982-2017 XP Solutions
Storm
Event
Max
Level
(m)
Max
Depth
(m)
Max
Infiltration
(l/s)
Max
Control
(l/s)
Max
Σ Outflow
(l/s)
Max
Volume
(m³)
Status
180 min Winter 0.321 0.321 0.0 1.7 1.7 5.5 O K
240 min Winter 0.287 0.287 0.0 1.6 1.6 4.9 O K
360 min Winter 0.234 0.234 0.0 1.4 1.4 4.0 O K
480 min Winter 0.194 0.194 0.0 1.3 1.3 3.3 O K
600 min Winter 0.165 0.165 0.0 1.2 1.2 2.8 O K
720 min Winter 0.142 0.142 0.0 1.1 1.1 2.4 O K
960 min Winter 0.111 0.111 0.0 0.9 0.9 1.9 O K
1440 min Winter 0.076 0.076 0.0 0.7 0.7 1.3 O K
2160 min Winter 0.054 0.054 0.0 0.6 0.6 0.9 O K
2880 min Winter 0.047 0.047 0.0 0.5 0.5 0.8 O K
4320 min Winter 0.040 0.040 0.0 0.4 0.4 0.7 O K
5760 min Winter 0.035 0.035 0.0 0.3 0.3 0.6 O K
7200 min Winter 0.032 0.032 0.0 0.3 0.3 0.5 O K
8640 min Winter 0.030 0.030 0.0 0.2 0.2 0.5 O K
10080 min Winter 0.028 0.028 0.0 0.2 0.2 0.5 O K
Storm
Event
Rain
(mm/hr)
Flooded
Volume
(m³)
Discharge
Volume
(m³)
Time-Peak
(mins)
180 min Winter 24.668 0.0 13.7 120
240 min Winter 20.020 0.0 14.8 154
360 min Winter 14.976 0.0 16.6 218
480 min Winter 12.229 0.0 18.1 280
600 min Winter 10.466 0.0 19.3 342
720 min Winter 9.226 0.0 20.5 402
960 min Winter 7.574 0.0 22.4 520
1440 min Winter 5.731 0.0 25.4 754
2160 min Winter 4.359 0.0 29.0 1084
2880 min Winter 3.594 0.0 31.9 1468
4320 min Winter 2.731 0.0 36.3 2156
5760 min Winter 2.249 0.0 39.9 2936
7200 min Winter 1.933 0.0 42.9 3680
8640 min Winter 1.710 0.0 45.5 4400
10080 min Winter 1.544 0.0 47.9 5048
702

Page 89

Millard Consulting Page 3
Seabraes Job No 16747
18 Greenmarket Craigton Quarry, Mawmill
Dundee 0.022ha to be attenuated
Date 23/07/2021 14:27 Designed by
File 16747 - 0.022ha - Polystorm... Checked by
Innovyze Source Control 2017.1.2
Rainfall Details
©1982-2017 XP Solutions
Rainfall Model FEH Winter Storms Yes
Return Period (years) 200 Cv (Summer) 0.750
FEH Rainfall Version 2013 Cv (Winter) 0.840
Site Location GB 309028 698980 NT 09028 98980 Shortest Storm (mins) 15
Data Type Point Longest Storm (mins) 10080
Summer Storms Yes Climate Change % +35
Time Area Diagram
Total Area (ha) 0.022
Time
From:
(mins)
To:
Area
(ha)
0 4 0.022
703

Page 90

Millard Consulting Page 4
Seabraes Job No 16747
18 Greenmarket Craigton Quarry, Mawmill
Dundee 0.022ha to be attenuated
Date 23/07/2021 14:27 Designed by
File 16747 - 0.022ha - Polystorm... Checked by
Innovyze Source Control 2017.1.2
Model Details
©1982-2017 XP Solutions
Storage is Online Cover Level (m) 1.000
Cellular Storage Structure
Invert Level (m) 0.000 Safety Factor 1.0
Infiltration Coefficient Base (m/hr) 0.00000 Porosity 0.95
Infiltration Coefficient Side (m/hr) 0.00000
Depth (m) Area (m²) Inf. Area (m²) Depth (m) Area (m²) Inf. Area (m²) Depth (m) Area (m²) Inf. Area (m²)
0.000 18.0 18.0 0.400 18.0 26.8 0.500 0.0 26.8
Orifice Outflow Control
Diameter (m) 0.038 Discharge Coefficient 0.600 Invert Level (m) 0.000
704

Page 91

705

Page 92

706

Page 93

707

Page 94

708

Page 95

709

Page 96

710

Page 97

4(v)(b)
LRB-2023-09
LRB-2023-09
22/01707/FLL – Erection of 4 dwellinghouses and 3
garages, land 50 metres south east of Craigton Gardens,
Cleish
PLANNING DECISION NOTICE (included in
applicant’s submission, pages 713-715)
REPORT OF HANDLING (included in applicant’s
submission, pages 717-728)
REFERENCE DOCUMENTS (part included in
applicant’s submission, pages 641-647, 649-651 and 653-
708)
711

Page 98

712

Page 99

713

Page 100

714

Page 101

715

Page 102

716

Page 103

REPORT OF HANDLING
DELEGATED REPORT
Ref No 22/01707/FLL
Ward No P8- Kinross-shire
Due Determination Date 27th November 2022
Draft Report Date 24th November 2022
Report Issued by JW Date 24 Nov 2022
PROPOSAL: Erection of 4 dwellinghouses and 3 garages
LOCATION: Land 50 Metres South East Of Craigton Gardens Cleish  
SUMMARY:
This report recommends refusal of the application as the development is considered to
be contrary to the relevant provisions of the Development Plan and there are no
material considerations apparent which justify setting aside the Development Plan.
BACKGROUND AND DESCRIPTION OF PROPOSAL
This application relates to an area of flat open ground on the edge of the small hamlet
of Craigton on the B9097, 1km northwest of Cleish. The existing small group of
buildings adjacent to the site comprises of five single storey cottages, all of which are
roadside plots. The northern area of the proposed site contains a single storage
building and an area of hard standing.  The frontage of the site onto the B9097 is
currently occupied by trees. The southern half of the site is overgrown and open to the
surrounding farmland. The site was used for the storage of gravel and machinery
associated with the former Craigton Gravel Quarry and whilst it is quite overgrown, it
still appears to be in use to some degree for the storage of equipment and materials.
Access to the site is presently taken via single junction onto the public road but there is
also an additional field access into the site, but it is quite overgrown.
Full planning permission is being sought for the erection of 4 detached dwellinghouses. 
Plots 1 and 2 are four bedroom single storey units which are proposed to front onto the
B9097.  Each is proposed to be 6.5m in height and be finished in a mixture of timber
cladding, natural stone and off white render with a slate roof.  Two further detached
units are proposed to the rear/south of the site.  Plot 3 is proposed to be identical to plot
1, being single storey with plot 4, the southern most unit proposed to be a larger
dwelling, extending to 8.5m to ridge, with accommodation over two levels.  A new
vehicular access is proposed to the east of plot 2 which is proposed to serve all units. 
Detached garages and driveways for plots 1 and 2 are proposed to the south/rear of the
houses.  A turning head is proposed at the end of the access with Plots 3 and 4
provided with driveways off the southern side of the new access.
This application is a re-submission following a previous refusal for five detached houses
(21/00955/FLL).  The previous application was refused as being contrary to Policy 19:
Housing in the Countryside, Policies 1A and B: Placemaking, Policy 46B: Loch Leven
Catchment Area, Policy 52: Flood Risk, Policy 60B Parking Requirements, Policy 41:
Bio Diversity and Policy 40: Woodland and Trees.  This revised submission seeks to
717

Page 104

address the reasons for refusal by reducing the number of proposed units from 5 to 4
and includes supporting information which seeks to address the previous reasons for
refusal.
A pre-application discussion regarding the site was undertaken in March/April 2022
(22/00111/PREAPP).  This resulted in the submission of an application for two
dwellinghouses on the site (22/00988/FLL) in May/June.  These fronted onto the B9097
and were proposed to be single storey.  This application was subsequently returned to
the applicant as invalid.  No further discussions took place and then the current
application for four units was submitted.
SITE HISTORY
91/01505/FUL WINNING & WORKING OF MINERALS AT 29 May 1992 Application
Refused
97/00615/FUL Retention of shed building, associated hardstanding and ponds for
agricultural purposes at 4 August 1997 Application Approved
21/00955/FLL Erection of 5 dwellinghouses and associated works 28 September 2021
Application Refused
22/00988/FLL Erection of 2 dwellinghouses and garages 14 July 2022 – application
returned as invalid.
PRE-APPLICATION CONSULTATION
Pre application Reference: 22/00111/PREAPP
NATIONAL POLICY AND GUIDANCE
The Scottish Government expresses its planning policies through The National
Planning Framework, the Scottish Planning Policy (SPP), Planning Advice Notes
(PAN), Creating Places, Designing Streets, National Roads Development Guide and a
series of Circulars. 
DEVELOPMENT PLAN
The Development Plan for the area comprises the TAYplan Strategic Development
Plan 2016-2036 and the Perth and Kinross Local Development Plan 2 (2019).
TAYplan Strategic Development Plan 2016 – 2036 - Approved October 2017
Whilst there are no specific policies or strategies directly relevant to this proposal the
overall vision of the TAYplan should be noted.  The vision states “By 2036 the TAYplan
area will be sustainable, more attractive, competitive and vibrant without creating an
unacceptable burden on our planet. The quality of life will make it a place of first choice
where more people choose to live, work, study and visit, and where businesses choose
to invest and create jobs.”
718

Page 105

Perth and Kinross Local Development Plan 2 – Adopted November 2019
The Local Development Plan 2 (LDP2) is the most recent statement of Council policy
and is augmented by Supplementary Guidance.
The principal policies are:
Policy 1A: Placemaking
Policy 1B: Placemaking
Policy 5: Infrastructure Contributions
Policy 6: Settlement Boundaries
Policy 19: Housing in the Countryside
Policy 32: Embedding Low & Zero Carbon Generating Technologies in New
Development
Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development
Policy 41: Biodiversity
Policy 46A: Loch Leven Catchment Area
Policy 46B: Loch Leven Catchment Area
Policy 52: New Development and Flooding
Policy 53B: Water Environment and Drainage: Foul Drainage
Policy 53C: Water Environment and Drainage: Surface Water Drainage
Policy 60B: Transport Standards and Accessibility Requirements: New Development
Proposals
OTHER POLICIES
Housing in the Countryside Policy 2020
Developer Contributions Guide 2020
CONSULTATION RESPONSES
EXTERNAL
Cleish And Blairadam Community Council – support application for revised proposal
and consider it to be in keeping with character of grouping and supportive of the special
needs of the applicant.  Consideration should be given to addressing road safety issues
on public road.
719

Page 106

Scottish Water – no objection
Scotland Gas Networks Plc – no objection
Scottish Environment Protection Agency – further clarity on phosphorus calculations
required
Health and Safety Executive – does not advise against
INTERNAL
Transport Planning – clarity sought on ability of site to accommodate service vehicles,
clarity required on footpath provision on site.  Further clarity also required in relation to
ability of site to accommodate bus boarders. 
Development Contributions Officer – no contributions required
Biodiversity/Tree Officer – no objection subject to condition
Environmental Health (Contaminated Land) – condition recommended for contaminated
land assessment
Structures And Flooding – Flood Risk Assessment requires to consider culvert on
Colonel Burn to the west of the site and the implications which blockage of this culvert
may have on flood risk on the site.
REPRESENTATIONS
1 representation was received from the Cleish and Blairadam Community Council
which supports the application for revised proposal and consider it to be in keeping with
character of grouping and supportive of the special needs of the applicant. 
Consideration should be given to addressing road safety issues on public road.
ADDITIONAL STATEMENTS
Screening Opinion EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not Required
Appropriate Assessment Habitats Regulations AA Not
Required
Design Statement or Design and Access
Statement
Submitted
Report on Impact or Potential Impact eg Flood
Risk Assessment
Flood Risk Assessment
Ecology Survey
Tree Survey
Supporting Statement
APPRAISAL
Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997 require
that planning decisions be made in accordance with the development plan unless
720

Page 107

material considerations indicate otherwise.  The Development Plan for the area
comprises the approved TAYplan and the adopted LDP2.
The determining issues in this case are whether; the proposal complies with
development plan policy; or if there are any other material considerations which justify a
departure from policy.
Policy Appraisal
Following refusal of the previous application discussions were undertaken between the
previous Case Officer and the architect regarding what scope there is for development
on this site.  This was undertaken over the telephone but the Case Officer, who has
now left the Council, left a set of notes of the discussions.  The extent of these
discussions do not appear to reflect the understanding of the applicant's agent as
referenced in the submission.  This is referenced in more detail below.
As the site lies within the landward area in the adopted Perth and Kinross Local
Development Plan 2 2019 (LDP2), the proposal falls to be principally considered
against Policy 19 'Housing in the Countryside' and its associated SPG on Housing in
the Countryside 2020 (HiCG), which is the most recent expression of Council policy
towards new housing in the open countryside.
Policy 1A and 1B which relate to placemaking also state that all development must
contribute positively, to the quality of the surrounding built and natural environment.
It is considered that the most relevant categories of the HiCG to assess the proposed
development are 1) Building Groups and 6) 'Rural Brownfield'.
Under the building groups category of the guide, it outlines that consent may be granted
for houses which extend an existing the group into definable sites formed by existing
topography, roads or well-established existing landscape features. 
In this instance it is considered that the wider site lies on the edge of the existing
building group, visually separated by the existing mature tree belt. This site is also
within an area of open land which lacks sufficient established boundary treatment to
provide adequate containment to the proposed new development, particularly in relation
to the southern and eastern boundaries. As such, it is considered that the proposed site
is not a viable extension to the existing building group as it would not expand the site
into a readily definable site as per the requirements set out in the HiCG.  The previous
refusal made it clear that the site did not represent an extension of an existing building
group into a definable site, however this revised application, whilst reducing the number
of units, still proposes development on the same site footprint seeking to extend the
building onto an area of land which is not defined which is contrary to Policy 19.  This is
the same conclusion which was reached on the previously refused application.  The
layout which has been submitted was subject to pre application discussions with the
previous Case Officer in April this year.  This was subject to a telephone conversation
between the agent and the Case Officer.  The notes on file indicate that the revised
scheme did not address the fundamental concerns in respect of the previous refusal,
particularly the two plots proposed to the rear/south of the site.  The larger two storey
dwelling is not in keeping with the existing small scale built development within the
wider group of houses.  The plots adjacent to the road side were indicated to be more
acceptable and potentially have scope to be supported if access was to be taken from
721

Page 108

the public road.  However the layout has not been altered to reflect these discussions. 
Overall, it is concluded that the site has a lack of landscape containment and cannot be
considered to be the extension of a building group into a definable site.  The applicant's
agent was advised that a proposal solely for the two roadside units may have more
scope to comply with the Housing in the Countryside Policy.
Furthermore, the guide also states that proposals must demonstrate that:
o New housing will respect the character, scale and form of the existing group, and
will be integrated into the existing layout and building pattern.
o New housing will not detract from the visual amenity of the group when viewed from
the wider landscape.
o A high standard of residential amenity will be provided for both existing and new
housing.
Similar to the previous refusal, it is considered that the design and layout of the
development fails to respect the character, scale and form of the buildings within this
small scale, single storey existing building group.  It would result in a substantial
increase in size of the group, extending it to the south away from the road which does
not respect the existing roadside layout of the grouping.  As was intimated during pre
application discussions, should the proposal be revised to only include the two units
fronting the road this would have more scope to be supported as it would better reflect
the character, form and building pattern of the group as required by Policy 19 and the
associated Housing in the Countryside Supplementary Guidance (SG).
It is noted that the supporting statement also suggests that the site is a viable
brownfield site, and that the development will remove the dereliction of the site and
result a significant environmental improvement.
In this first instance it should be highlighted that the HiCG defines 'Rural Brownfield
Land' as:
"Derelict land which was at one time occupied by buildings or structures but these have
now been removed, or land directly linked to former buildings or structures which has
been so damaged by a former use that it cannot be left to naturalise or be reused for
another purpose without first being improved."
It is noted that the existing building still stands on site and appears to still be in
operational use or at least has recently been in use. It may be that the applicant is no
longer using the buildings for any purpose but that does not render the site derelict and
the fact that the building still stands on site means that the site cannot comply with
category 6 of the HiCG.
Notwithstanding the above, there is no reasonable justification based on the suggested
environmental improvement of the site being redeveloped.  From a visual perspective,
the site is largely screened from view and whilst the site is somewhat overgrown, it
does not represent an eyesore in respect to the character of the wider area. In respect
to the any argument regarding the decontamination of the site, whilst it is accepted that
there is a potential for contamination which would need to be addressed if housing were
approved on this specific site, the HiCG states the following:
722

Page 109

"Many sites which were formerly occupied by buildings have little or no environmental
impact and can be left to return to a natural state over time. Even sites where some
contamination is present may not require to be remediated if there is no significant risk
to human health or the wider environment. This category of the policy is not intended to
allow the redevelopment of sites like these, nor is it intended to permit the
redevelopment of sites for housing where buildings have simply been allowed to fall into
disrepair. This category is intended to allow small scale housing proposals on cleared
sites which have been significantly degraded by a former use or activity, and where the
redevelopment of the site for housing is the only means by which it is viable to
remediate the site."
Based on the information submitted, it is not considered that the proposed site presents
itself as a viable development site for the proposed level of housing, even if the site
were derelict. It is considered to be similar to many agricultural sites where there may
be some contamination present due to its historic use, but it is presently neither a risk to
the environment or human health in its present state. It's present state also does not
significantly detract from the character or amenity of the area and, as noted above, the
scale and design of the proposals will in itself detract from the character of the existing
building group.
As such it is considered that, in principle, the proposed development remains contrary
to the requirements of Policy 19 of LDP2 and the associated Housing in the
Countryside Supplementary Guidance 2020.
Scale, Design and Layout
The existing building group comprises of 5 existing single storey dwellings, all built
along the roadside. This proposed development will represent a significant increase in
the scale of the small rural building group.  Whilst this proposal reduces the number of
proposed units from 5 to 4 this level of development still represents a substantial
increase in the size of the building group.  As mentioned in the previous refusal all of
the buildings within the group are single storey.  Three of the four units now proposed
are to be single storey but there remains a large scale 8.5m high detached dwelling
proposed to the south of the site which fails to respect the design and form of
development within the group.
The design and layout of the proposed development also do not accord with the
existing prevailing design and pattern of development within the existing group. As
noted above, all of the existing houses are single storey and have been developed
along the roadside, with no tandem or backland development.  The proposal has
reduced the scale of the three of the units but there remains a large scale 8.5m high
dwelling to the rear of the site and a further dwelling to the rear of the site which results
in a layout which fails to respect the established layout and building pattern of the
group, therefore failing to respect the character of the existing building group as
required by policy.  This issue was identified as part of the refusal of the previous
application and has not been addressed in this revised submission.
As such, it is considered that the scale, design and layout of the revised proposed
development will have an unacceptable impact on the character and amenity of the
area and is therefore contrary to Placemaking Policies 1A and 1B, as well as the
requirements of Policy 19 of LDP2 and its associated HiCG.
723

Page 110

Landscape and Visual Amenity
Whilst the development of the site will not necessarily result in any significant adverse
impact on the character of the wider landscape, as discussed above, it would introduce
development that will impact on the character and visual amenity of the immediate
locality. The scale and layout of the proposed development will result in the expansion
of a small rural roadside building group into a large open area of ground which would
be at odds with the prevailing style and character of development in the locale.  Whilst
the number of units on site has been reduced in comparison with the previous refusal
the issue of failing to respect the character of the grouping remains.  The proposals will
also result in the loss of a relatively substantial belt of mature trees which sit on the
road frontage which is a landscape feature within the existing group. 
The previous refusal also raised concerns regarding the lack of a detailed landscaping
and planting scheme for the site which was identified as being important given the size
of the site.  The proposal now includes some indicative planting on the west boundary
and to the south and east and hedge planting along the access.  No details of species
or density of planting has been provided but generally the landscaping scheme is
considered to address the previous concerns subject to a condition securing details of
density and species should the application be approved.
Residential Amenity
The proposed development itself is acceptable in respect to the sizes of each individual
plot and provision of private amenity space. Each plot is quite substantial and features
relatively large areas of garden ground.  The revised layout is not considered to have
any impact on adjacent properties in terms of overlooking and overshadowing and
therefore the concerns regarding residential amenity of the previous refusal have been
addressed.
Roads and Access
The proposal will have a singular vehicular accesses onto the B9097 extending
centrally into the site with each plot accessed from this access.  
Transport Planning have indicated that the access junction and parking arrangements
are acceptable subject to condition.  They have, however queried some elements of the
layout, including the ability of the site to accommodate a septic tank/delivery vehicle
and have sought a swept path to demonstrate this.  They have also sought clarity on
the layout and whether footways are proposed to be installed as no key has been
provided.  The plans also show paths out to the public road network and along the
B9097, it is unclear if these will be linking to a footway along the B9097.  Without links
to a footway, the Roads Maintenance Partnership have concerns about these being
provided directly onto the B9097 and clarity on this is required.
The Public Transport Unit have requested rural bus boarders at and opposite the
development to facilitate school bus boarding/alighting and to install dropped kerbs at a
suitable crossing point.  In order to consider this clarity is required on the nature of the
proposed footways as outlined above.
724

Page 111

The plans also indicate the provision of a path to the south west of the site through the
applicant's land which is proposed to connect to Cleish.  No information has been
provided as to how this path would be delivered and it is not within the application site.
Given that the principle of development is not considered acceptable in terms of the
Policy 19 'Housing in the Countryside', the above information has not been requested
as it would have been unreasonable given that the application would have been refused
regardless.  However, to ensure that this matter is considered as part of any potential
appeal, the lack of information in relation to road layout has been added as a reason for
refusal under Policy 60B of LDP2.
Drainage - Loch Leven
The site is located with Loch Leven Catchment Area where foul drainage from new
development is strictly control and the levels of phosphorous from foul waste must
demonstrate at least 125% betterment.
In this regard the applicant has submitted drainage calculations based on the
installation of biodisc package treatment plant serving the entire development along
with the upgrading of an existing septic tank at a remote property. SEPA have reviewed
the information and disagree with the calculations.  The plans show a proposal for 3 x 4
bedroom houses.  This would give 3 x 6 PE (population equivalent) properties.  One of
the houses has a large games room on the same floor as the bedrooms and SEPA
consider that this should be considered as a potential bedroom in line with Perth and
Kinross Council Guidance.  Furthermore, the mitigation calculations show five
properties and are a replication of the previous application.  The calculations require to
be updated with the correct number of houses and correct number of bedrooms for
each property.  The calculations therefore require to be updated.
Given that the principle of development is not considered acceptable in terms of the
Policy 19 'Housing in the Countryside', this information has not been requested as it
would have been unreasonable given that the application would have been refused
regardless.  However, to ensure that this matter is considered as part of any potential
appeal, the lack of updated phosphorus mitigation calculations has been added as a
reason for refusal under Policy 46B of LDP2.
Flood Risk
Due to the site's close proximity to the Colonel Burn, the Structures and Flooding Team
have advised that a Flood Risk Assessment (FRA) is required to ensure that the
development is not within a 1 in 200 year floodplain plus climate change. They have
also advised that it is important to consider the culvert located to the north west of the
development site and flow paths should be considered during the event that the culvert
is partially blocked (50%).  A Flood Risk Assessment has now been submitted and
reviewed by Structures and Flooding.  They state that the submission cover's the vast
majority of the issues identified under the previous submission.  It considers the culvert
to the immediate west of the site and states that should any blockages occur the flood
water would likely dissipate to the south west and away from the site due to the
topography in the area.
There is a further culvert of the Colonel Burn to the north west which travels under the
B9097 public road which has not been addressed with the FRA.  The FRA also requires
725

Page 112

to consider whether this culvert has been blocked or overwhelmed before and consider
what impact this could have on the site.  Flood risk modelling for this requires to be
provided.  The Flooding Team indicate that there is a possibility of the application site
flooding depending on the volume of water coming down the Colonel Burn towards the
culvert.  As this has not been suitably addressed within the FRA there are still doubts
as to the suitability of the site from a flooding perspective.
Given that the principle of development is not considered acceptable in terms of the
Policy 19 'Housing in the Countryside', this information has not been requested as it
would have been unreasonable given that the application would have been refused
regardless.  However, to ensure that this matter is considered as part of any potential
appeal, the lack of information in relation to the FRA and the culvert has been added as
a reason for refusal under Policy 52 of LDP2.
Natural Heritage and Biodiversity
The northern area of the site adjacent to the public road is quite densely wooded with a
mixture of mature trees and vegetation. This belt of trees is very well established and
screens much of the site from view when driving along the B9097. As per the
requirements of Policy 40, there is a presumption in favour of retain existing tree and
where trees are potentially affected a tree survey that accords with BS5837:2012
should be submitted for consideration.
A Tree Survey now accompanies the proposals and states that all 28 trees on the site
are proposed to be felled to accommodate the development and that none of the trees
merit retention.  It recommends that compensatory planting is proposed but no detail on
this has been submitted as referenced above.  This could be secured by condition. 
Given the conclusions of the tree survey regarding the condition of these trees, the
felling of these trees is considered to be acceptable
The submission now also includes a protected species survey given the possibility of
the existing trees containing habitat.  This has been reviewed by the Council's Bio
Diversity Officer and considered to be acceptable subject to conditions to ensure the
mitigation measure within the report are adhered to and to ensure the provision of bird
boxes within the site.
The proposal therefore accords with Policy 40 and 41 of the LDP2.
Contamination
Historical mapping indicates that there were formerly quarrying activities on the
proposed development site.  The nature and volume of material used to infill this quarry
site is unknown and therefore there is the potential for it to be a source of contamination
which could impact upon the suitability of the site for the proposed development. 
If approved, it is recommended by Environmental Health that a standard four-part
contamination condition is applied to any consent in order to ensure that any ground
contamination is investigated, and mitigation measures undertaken as part of the
development.
726

Page 113

Conservation Considerations
There are no issues or concerns in relation to conservation related matters.
Developer Contributions
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.
Education & Children's Services have no capacity concerns in this catchment area at
this time.
Economic Impact
The economic impact of the proposal is likely to be minimal and limited to the
construction phase of the development.
Personal Circumstances
The submission makes reference to the personal circumstances and health of the
applicant and their family within the supporting statement.  Whilst the personal
circumstances of the applicant are noted and appreciated and the difficulties
experienced are sympathised with these are not considered to outweigh the content of
the Development Plan in this instance. 
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS
None required. 
DIRECTION BY SCOTTISH MINISTERS
None applicable to this proposal.
CONCLUSION AND REASONS FOR DECISION
To conclude, the application must be determined in accordance with the adopted
Development Plan unless material considerations indicate otherwise.  In this respect,
the proposal is considered to be contrary to the Development Plan.  Account has been
taken of the relevant material considerations and none has been found that would
justify overriding the adopted Development Plan.
Accordingly the proposal is refused on the grounds identified below.
Reasons for Refusal
The proposal is contrary to Policy 19 'Housing in the Countryside' of the Perth and
Kinross Local Development Plan 2 (2019) and the Council's Housing in the Countryside
727

Page 114

Supplementary Guidance 2020 as the proposal fails to satisfactorily comply with any of
the categories (1) Building Groups, (2) Infill Sites, (3) New Houses in the Open
Countryside, (4) Renovation or Replacement of Houses, (5) Conversion or
Replacement of Redundant Non Domestic Buildings, or (6) Rural Brownfield Land.  The
proposal is adjacent to an existing building group but results in a development which
extends the building group into an area of land which is not defined as required by
policy.  Furthermore the layout and location of Plots 3 and 4 at the southern end of the
site fail to respect the character and building pattern of the existing roadside layout of
the grouping.  The scale and height of plot 3 is also significantly out of scale with the
established single storey character of the existing group.
The proposal is contrary to Policy 1A and 1B, Placemaking, of the Perth and Kinross
Local Development Plan 2 (2019).  The proposed development and in particular plots 3
and 4 at the southern side of the site would not contribute positively to the built and
natural environment or the character and building pattern of the existing small grouping
due to its scale, design, layout and lack of a landscape framework.
The proposal is contrary to Policy 46B 'Loch Leven Catchment Area' of the Perth and
Kinross Local Development Plan 2 (2019) as the phosphorus calculations which have
been submitted do not reflect the scale and nature of the development which is
proposed.
The proposal is contrary to Policy 52 'New Development and Flooding'.  The Flood Risk
Assessment considers a culvert to the immediate west of the site but fails to consider
the impact which the blocking or overwhelming of the existing culvert to the north west
of the site at the B9097 on the Colonel Burn may have on flood risk on the application
site.  Therefore, the submitted Flood Risk Assessment fails to provide complete clarity
on the suitability of the development of the site from a flood risk perspective.
The proposal is contrary to Policy 60B 'Transport Standards and Accessibility
Requirements: New Development Proposals' of the adopted Perth and Kinross Local
Development Plan 2 (2019) as the plans do not demonstrate that delivery/septic tank
service vehicles would be able to turn with the site.  Furthermore, there is a lack of
clarity on footway provision both within the site and along the boundaries of the site with
the public road.
Justification
The proposal is not in accordance with the Development Plan and there are no material
reasons which justify departing from the Development Plan.
Informatives
None
Procedural Notes
Not Applicable.
PLANS AND DOCUMENTS RELATING TO THIS DECISION
01-17
728

Page 115

729

Page 116

730

Page 117

731

Page 118

732

Page 119

733

Page 120

734

Page 121

735

Page 122

736

Page 123

737

Page 124

738

Page 125

739

Page 126

740

Page 127

4(v)(c)
LRB-2023-09
LRB-2023-09
22/01707/FLL – Erection of 4 dwellinghouses and 3
garages, land 50 metres south east of Craigton Gardens,
Cleish
REPRESENTATIONS
741

Page 128

742

Page 129

743

Page 130

744

Page 131

745

Page 132

746

Page 133

747

Page 134

748

Page 135

749

Page 136

750

Page 137

M e m o r  
To Development Management & Building  
Standards Service Manager
Your ref 22/01707/FLL
Date  09/11/2022
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
22/01707/FLL RE: Erection of 4 dwellinghouses and 3 garages Land 50 Metres South
East Of Craigton Gardens Cleish for Mr Richard Scott Black
I refer to your letter dated 25 October 2022 in connection with the above application and
have the following comments to make.
Contaminated Land 
Recommendation
I have no objections to the application but recommend the undernoted conditions be
included in any given consent.
Comments
There is a disused quarry on the proposed site.  Although disused for a long time, the
original size and depth of the quarry is unknown, as is the material used to infill the quarry
after work there ceased. There is therefore the potential for localised ground gas production
that could possibly impact on any residential properties being built on the site.
There is also the possibility of contaminants being present in the fill therefore a full ground
risk assessment should be carried out prior to building commencing.
I therefore recommend the following condition be applied to the application.
Conditions 
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 
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. 
751

Page 138

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.
752

Page 139

Comments to the Development Quality Manager on a Planning Application
Planning
Application ref.
22/01707/FLL Comments
provided by
Lachlan MacLean
Project Officer – Transport Planning
Service/Section Transport Planning Contact
Details
TransportPlanning@pkc.gov.uk
Description of
Proposal
Erection of 4 dwellinghouses and 3 garages 
Address of site Land 50 Metres South East Of Craigton Gardens, Cleish
Comments on the
proposal
The applicant is proposing to erect 4 dwellinghouses and form a vehicle access
off the B9097.
To form the new vehicle access onto the public road network, a number of
trees will be removed from the site.  A condition will be recommended for
the formation of the vehicle access to current standards.
Plot Bedrooms Parking
Required
Garage Sufficient Plot
Parking
1 4 3 Yes Yes
2 4 3 Yes Yes
3 4 3 Yes Yes
4 4 3 Yes Yes
The applicant is also providing two visitor parking spaces.  It is unclear if
vehicle delivery/septic tank lorry would be able to turn when cars are parked
in the bays.  A swept path should be provided to clarify.
The level of car parking provided on site, meets the requirements of the
National Roads Development Guide.
It is unclear what the white areas on the plans are as shown in Figure 1, it is
assumed that this is to be a footway, but with out any key I am unable to
ascertain what this is to be.  Clarity to be provided.
Figure 1: Vehicle access into site
753

Page 140

The plans also show paths out to the public road network, it is unclear if these
will be linking to a footway along the B9097, as shown in Figure 2.  Without
links to a footway, the Roads Maintenance Partnership have concerns about
these being provided directly onto the B9097.  Clarity to be provided.
The Public Transport Unit have requested rural bus boarders at and opposite
the development to facilitate school bus boarding/alighting. Install dropped
kerbs at a suitable crossing point.  So it would be helpful to understand the
point above to know if it is proposed that a footway shall be provided along
the length of the property boundary.
Figure 2: Footpaths out to B9097
The applicant has also shown that there will be a path linking to Cleish through
the applicants land.  More information on the proposed route and the
method of delivery would be welcomed.
Transport Planning require further information to be in a position to support
this application.
Recommended
planning
condition(s)
Recommended
informative(s) for
applicant
Date comments
returned 10 November 2022
754

Page 141

Comments to the Development Quality Manager on a Planning Application
Planning
Application ref.
22/01707/FLL Comments
provided
by
Lucy Sumner
Service/Section Strategy & Policy Contact
Details
Development Contributions
Officer:
Lucy Sumner
Description of
Proposal
Erection of 4 dwellinghouses and 3 garages
Address of site Land 50 Metres South East Of Craigton Gardens Cleish
Comments on the
proposal
NB: Should the planning application be successful and such permission
not be implemented within the time scale allowed and the applicant
subsequently requests to renew the original permission a reassessment
may be carried out in relation to the Council’s policies and mitigation
rates pertaining at the time.
THE FOLLOWING REPORT, SHOULD THE APPLICATION BE
SUCCESSFUL IN GAINING PLANNING APPROVAL, MAY FORM THE
BASIS OF A SECTION 75 PLANNING AGREEMENT WHICH MUST BE
AGREED AND SIGNED PRIOR TO THE COUNCIL ISSUING A PLANNING
CONSENT NOTICE.
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. 
Education & Children’s Services have no capacity concerns in this catchment
area at this time.
Recommended
planning
condition(s)
Summary of Requirements
Education: £0
Total: £0
Recommended
informative(s) for
applicant
Date comments
returned
11 November 2022
755

Page 142

756

Page 143

757

Page 144

758

Page 145

759

Page 146

760

Page 147

761

Page 148

762

Page 149

1
Audrey Brown
From: PKC Biodiversity
Sent: 21 November 2022 15:21
To: John Williamson
Subject: 22/01707/FLL Consultation Response
Hello John,
The submitted Bat Survey is in accordance with best practice. Can this condition be added to any consent:
NE00 The conclusions and recommended action points within the supporting biodiversity survey
submitted and hereby approved (document(s) INSERT relates) shall be fully adhered to, respected and
undertaken as part of the construction phase of development, to the satisfaction of the Council as
Planning Authority.
The loss of 28 trees is regretful although the submitted Tree Report explains that 13 need to be felled due
to health and safety concerns and the others are all category C. Some compensatory planting is indicated
on the Proposed Site Plan but there is no detail on number or species, and this is required in the form of a
landscaping Plan. This could be achieved via condition. Native species is preferred with a ratio of 1:3. 
To achieve biodiversity enhancement, provision of bird boxes on the newly built houses would be
welcomed and could be secured using this condition: 
NE03 Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier,
no less than six bird boxes suitable for sparrows shall be provided on completed buildings. Thereafter, the
agreed scheme shall be maintained in a reasonable condition for the life of the development, to the
satisfaction of the Council as Planning Authority.
Best wishes,
Joanna
Joanna Dick
Tree and Biodiversity Officer
Perth and Kinross Council 
PKC supports the Tayside Biodiversity Partnership: www.taysidebiodiversity.co.uk
763

Page 150

764

Page 151

765

Page 152

766