Item 4(i) LRB-2022-57

Perth and Kinross Council · 13 February 2023
Back to Local Review Body — 13 February 2023 and its agenda

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4(i)
LRB-2022-57
LRB-2022-57
22/00899/FLL - Erection of a dwellinghouse and garage,
land 60 metres north west of Killieard House, Killiecrankie,
PH16 5LN
INDEX
(a) Papers submitted by the Applicant (Pages 11-30)
(b) Decision Notice (Pages 33-34)
Report of Handling (Pages 35-42)
Reference Documents (Pages 21-29)
(c) Representations (Pages 43-64)
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4(i)(a)
LRB-2022-57
LRB-2022-57
22/00899/FLL - Erection of a dwellinghouse and garage,
land 60 metres north west of Killieard House, Killiecrankie,
PH16 5LN
PAPERS SUBMITTED
BY THE
APPLICANT
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Appeal Statement (06/10/22)
22/00899/FLL R Erection of dwellinghouse and garage R land 60m north west of
Killieard House, Killiecrankie
We wish to appeal the refusal of this planning application on 27 July 2022. The
grounds of the appeal are that:
™ The reason for refusal is unclear and based on an incorrectly defined
document;
™ The Report of Handling contains factual errors and mistakes, which gives no
confidence that it has come to the correct conclusion;
™ The relevant Planning policy has been wrongly interpreted and applied; 
™ The application should have been approved as being in accordance with the
Development Plan.
GUR _RN`\[ S\_ _RSb`NY `aN_a` jThe proposal is contrary to Policy 1 New housing
development of the Cairngorms National Park Local Development Plan 2020 as the
development does form part of an existing rural group as defined in the policy 1(+(k
This statement makes the reason for refusal unclear.  If the officer considers that the
proposed site does form part of an existing rural group, then the application should
have been approved. If this reason is an error, then it indicates a lack of care on the
part of the officer. The reason for refusal also refers to the Cairngorms Local
Development Plan 2020, when in fact this LDP is dated 2021.
GUR ER]\_a \S ;N[QYV[T [\aR` aUNa jThe application site and its context have been
viewed by a variety of remote and electronic means, such as aerial imagery and
Streetview, in addition to photographs submitted by interested parties. This information
has meant that, in this case, it is possible and appropriate to determine this application
without a physical visit as it provides an acceptable basis on which to consider the
NMQDLQH@J HKN@BQP ME QGHP NOMNMPDC CDSDJMNKDLQ&X It is submitted that the failure to
undertake a site visit in this case has resulted in a failure to understand the site, its
setting and the wider building group within which the site sits. It should be noted that
Streetview does not allow you to see the site which is hidden from the public road, so
it is not clear how the officer has viewed the site and its wider setting.  It is significant
that the Report of Handling does not contain any photographs of the site or its setting
nor are any publicly available from interested parties as suggested.
GUR_R N_R \aUR_ R__\_` dVaUV[ aUR ER]\_a \S ;N[QYV[T2 ]NTR . [\aR` aUNa jmapping
indicates that the site is occupied by railway landk& Oba aUR _NVYdNf YV[R V` NP_\`` aUR
public road to the south of the site.  The repo_a NY`\ ZNXR` _RSR_R[PR2 jin addition to a
historic cement, lime and plaster works immediately north of the sitek Oba aUV` V` ZbPU
Sb_aUR_ [\_aU aUN[ `bTTR`aRQ N[Q V` [\a RcR[ dVaUV[ aUR O\b[QN_f \S aUR N]]YVPN[a`k
land.
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The site lies just within the boundaries of the Cairngorms National Park and
therefore the Cairngorms LDP 2021 is the relevant Local Development Plan. The key
policy applicable to this application is Policy 1 h ;\b`V[T& *(+ j;\b`V[T 7RcRY\]ZR[a
V[ 8eV`aV[T Eb_NY :_\b]`k( GUV` QVSSR_` `bOaYf V[ RZ]UN`V` S_\Z aUR 6\b[PVYk` \d[
policy on housing in the countryside which Officers and Members will be more
familiar with. It is clear from the Report of Handling that the key issue with this
proposal is the interpretation of Cairngorms LDP Policy 1 h Housing h *(+ jhousing
developments in existing rural groupsk( 4YY \aUR_ ZNaaR_` P\[[RPaRQ dVaU aUV` ]_\]\`NY
are either satisfactory as submitted (such as design and siting) or can covered by
condition (such as archaeological investigation). It should be noted that the
Cairngorms National Park Authority had no objection to the proposal and there were
no objections from neighbouring properties or the Community Council.
Policy 1 h Housing h *(+ jU\b`V[T QRcRY\]ZR[a` V[ ReV`aV[T _b_NY T_\b]`k V`
supportive of WNOMNMP@JP EMO LDT GMRPHLF CDSDJMNKDLQ TGHBG @CCP QM @L DUHPQHLF
ORO@J FOMRNX (of 3 or more buildings, at least one being a house) where WQGDV BMLLDBQ
to, reinforce and enhance the character of the group, integrating with the existing
built form and N@QQDOL ME DUHPQHLF CDSDJMNKDLQX and WCM LMQ @CC KMOD QG@L MLD QGHOC
QM QGD DUHPQHLF LRKADO ME ARHJCHLFP THQGHL QGD FOMRN THQGHL QGD 6J@L NDOHMC&X We
submit that the Report of Handling and the reason for refusal has misapplied this
policy to this site and has not assessed the nature of the building pattern within the
Pass of Killiecrankie correctly or sensitively enough. In particular, the Report only
tests the policy by trying to identify a building group of 3 buildings, ie trying to find a
minimum size of group, rather than looking more widely at how the site fits within
the much broader, scattered, historic development pattern within this area.  It is part
of an extended building group which stretches from Aldclune to Killiecrankie village
itself, where there is a significant concentration of houses which should be seen as a
larger, dispersed building group made up of individual houses in generous plots, and
small clusters of housing, interspersed with paddocks and small woodlands. 
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Killieard House lies within the Pass of Killiecrankie, a steep sided gorge where the
Garry flows from the pastoral, designed landscapes of Blair Atholl to join the Tummel
just above Pitlochry. This area YVR` dVaUV[ aUR 6NV_[T\_Z` j?\dR_ :YR[ :N__f N[Q
5YNV_ 4aU\YY ?N[Q`PN]R 6UN_NPaR_ 4_RNk( GUe assessment of landscape in the Pass
notes that WLMOQG ME QGD OHSDO >.@OOV? QGDOD HP @ LDQTMOI ME L@OOMT OM@CP ML FO@SDJ
terraces linking the tiny historic settlements and winding between small scale
topographical featuresi( <a NY`\ [\aR` aUNa WQGD BMKNJDU FDMKMONGMJMFV HP ODEJDBQDC HL
the diverse vegetation and land use, as well as a long history of settlement which
G@P Q@IDL @CS@LQ@FD ME QGD PMRQG E@BHLF @PNDBQX. It should be noted that the long
history of tiny settlements in this area is identified as a key landscape characteristic
which the application of Policy 1.2 should reflect and is the context for the approval
of this application. It should also be noted that further housing development is not
identified as a particular threat to this landscape. 
In other words, the appropriate building group, within which this site lies, is the
extended one between Aldclune and the settlement of Killiecrankie itself. The site
lies within a much wider, larger building group within the Pass of Killiecrankie which
includes, running west to east: the close-knit hamlet of Aldclune; a ribbon of 3
_\NQ`VQR U\b`R`3 >VYYVRN_Q ;\b`R N[Q CV]R_k` 6_\Sa& dUVPU `Va NO\cR aUR _\NQ3
another ribbon of 5 roadside houses; and, finally Urrard House and estate buildings,
which again sit in an elevated position (see building group boundary marked in
green). Within this wider building group, the pattern of development, which this
application would re-enforce and enhance, is of individual houses set in generous
grounds, small clusters of housing h either in ribbons or groups h separated by
woodland or pasture.  An additional building in the garden here would reflect and
enhance this pattern of development on a site not readily visible from the B8079 and
not seen from the A9. Equally, the site is not readily visible from across the river, but
in any event has a good landscape setting with any views into the site framed by the
wooded hillside beyond.  
To merely look at the immediate site has missed the point about the nature of the
settlement pattern in this area. It is also suggested that the Perth and Kinross
Housing in the Countryside supplementary guidance is quite specific about
dispersed building groups, but the Cairngorms policy on dispersed groups is more
TR[R_\b` V[ Va` N]]_\NPU& dVaU Z\_R RZ]UN`V` \[ U\d jthey connect to, reinforce and
enhance the character of the group, integrating with the existing built form and
N@QQDOL ME DUHPQHLF CDSDJMNKDLQX&
The Report of Handling also makes passing reference to Supplementary Guidance
on this subject but does not refer to this guidance in any useful detail. For the record,
the adopted Cairngorms Supplementary Guidance on New Housing Development
relates to the previous 2015 LDP and therefore is not up to date and is of limited
relevance. The revised housing Supplementary Guidance has not yet been adopted
and, again, is therefore of limited statutory value, but it is worth noting that on page
17 of the draft there are the helpful observations that each building group has its own
identity; that natural boundaries should take precedence over man-made ones and
aUR _R^bV_RZR[a aUNa N[f [Rd QRcRY\]ZR[a jadds to the cohesive pattern of built form
within its landscape settingX. It is within this larger landscape unit that this application
should be assessed and approved.
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It should also be noted that the proposal is for a retirement home to allow immediate
family to move into Killieard House and provide long term support for the current
occupiers, including their semi-dependent son, who is reliant on the countryside for
his continued employment. The family have lived in the village for over 50 years and
in Killieard House itself since 1986, raising their family and contributing to the local
community. The family home is now too big for an ageing couple and does not
facilitate their essential requirement for living and sleeping accommodation on the
same level, along with a wet room allowing full accessibility for changing needs. By
facilitating family within the main house, a protective environment will also remain in
place for a younger sibling who, whilst working and contributing to the local
community, requires a familiar environment and support network to allow him to
retain and enhance his level of independence (this proposed annex is the subject of
a separate current planning application).  
In summary, this proposal for a considered, carefully designed retirement home for a
local family should be approved in accordance with the Development Plan as
forming an appropriate addition to the Pass of Killiecrankie extended building group.
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4(i)(b)
LRB-2022-57
LRB-2022-57
22/00899/FLL - Erection of a dwellinghouse and garage,
land 60 metres north west of Killieard House, Killiecrankie,
PH16 5LN
PLANNING DECISION NOTICE
REPORT OF HANDLING
REFERENCE DOCUMENTS (included in applicant’s
submission, pages 21-29)
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Page 1 of 3
Mr B Parkins
c/o JML SIPs Low Energy Homes
Jakki Cosgrove
The Arns
Auchterarder
PH3 1EJ
Pullar House
35 Kinnoull Street
PERTH  
PH1  5GD
Date of Notice:27th July 2022
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 
Application Reference: 22/00899/FLL
I am directed by the Planning Authority under the Town and Country Planning (Scotland)
Acts currently in force, to refuse your application registered on 30th May 2022 for Planning
Permission for Erection of a dwellinghouse and garage Land 60 Metres North West Of
Killeard House Killiecrankie   
David Littlejohn
Head of Planning and Development
Reasons for Refusal
1.  The proposal is contrary to Policy 1 New housing development of the Cairngorms National
Park Local Development Plan 2020 as the development does form part of an existing rural
group as defined in the policy 1.2 and doesn't meet the categories for development in
policy 1.3 Other housing in the countryside as it's not necessary for or to improve
operational and economic viability and is not on a brownfield site. 
Justification
The proposal is not in accordance with the Development Plan and there are no
material reasons which justify departing from the Development Plan.
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2
Notes
1. Records indicate that at least part of the proposed development site lies within
a radon affected area where the measurement/monitoring of radon gas and
the installation of mitigation measures may be required.
Further information on radon gas and the associated reports that can be
obtained is available at www.ukradon.org and at
http://shop.bgs.ac.uk/georeports/. 
The plans and documents relating to this decision are listed below and are
displayed on Perth and Kinross Council’s website at www.pkc.gov.uk “Online
Planning Applications” page
Plan Reference
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1
REPORT OF HANDLING
DELEGATED REPORT
Ref No 22/00899/FLL
Ward No P4- Highland
Due Determination Date 29th July 2022 
Draft Report Date 26th July 2022
Report Issued by JF  Date26.07.2022
PROPOSAL: Erection of a dwellinghouse and garage
LOCATION: Land 60 Metres North West Of Killeard House
Killiecrankie  
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.
SITE VISIT:
In line with established practices, the need to visit the application site has been
carefully considered by the case officer.  The application site and its context have been
viewed by a variety of remote and electronic means, such as aerial imagery and
Streetview, in addition to photographs submitted by interested parties. 
This information has meant that, in this case, it is possible and appropriate to determine
this application without a physical visit as it provides an acceptable basis on which to
consider the potential impacts of this proposed development.
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2
PHOTOGRAPHS
Wider area site bottom cross
Circles in top image denote two distinct building groupings crosses note two
dwellings which do not lie within groupings. Site in red not within a group.
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3
BACKGROUND AND DESCRIPTION OF PROPOSAL
The site is located to the west of the applicants dwelling at Killeard House Killiecrankie. 
The existing dwelling and application site (which forms part of the dwelling curtilage)
lies within a rural area characterised by dispersed dwellings and small building groups,
The site is also located within Cairngorms Nation Park boundary. 
The proposal is to erect a 1 ½ storey dwelling utilising the existing access with the
applicant’s home to be accessed via an alternative point proposed under another
planning application currently under consideration. 
SITE HISTORY
22/00897/FLL Erection of ancillary accommodation building  
PRE-APPLICATION CONSULTATION
Pre application Reference: N/A
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 Cairngorms National Park Local
Development Plan 2020.
Cairngorms National Park Local Development Plan 2020
The Local Development Plan is the most recent statement of policy and is augmented
by Supplementary Guidance.
The principal policies are:
Policy 1: New housing development 
Policy 3: Design and placemaking 
Policy 4: Natural heritage 
Policy 5: Landscape 
Policy 9: Cultural heritage 
Policy 11: Developer obligations 
OTHER POLICIES
https://cairngorms.co.uk/wp-content/uploads/2022/04/Design-and-Placemaking-Non-
Statutory-Guidance.pdf
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4
https://cairngorms.co.uk/wp-
content/uploads/2015/09/Policy1NewHousingDevelopmentFinal1.pdf
https://cairngorms.co.uk/wp-
content/uploads/2015/09/Policy11DeveloperContributionsFinal.pdf
CONSULTATION  RESPONSES
Perth And Kinross Heritage Trust  Archaeology condition requested 
Environmental Health (Contaminated Land) Condition requested 
Cairngorm National Park  No call in
Historic Environment Scotland No objection, Archaeology condition
requested
Development Contributions Officer Contribution required 
Scottish Water No objection 
Environmental Health (Noise Odour) No objection, noise condition requested
REPRESENTATIONS
No representations were received:
ADDITIONAL STATEMENTS
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment Habitats Regulations AA Not
Required
Design Statement or Design and Access
Statement
Not Required
Report on Impact or Potential Impact eg Flood
Risk Assessment
Not Required
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
material considerations indicate otherwise.  The Development Plan for the area
comprises the Cairngorms National Park Local Development Plan 2020.
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.
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5
Policy Appraisal
The site is located within a rural area and Policy 1 New Housing Development applies;
this policy supports rural housing where it meets criteria outlined within applicable
categories.
Category 1.2 supports housing development in existing rural groups. Existing rural
group are defined as three or more buildings where at least one of which is a
dwellinghouse. Development will be considered favourably where: a) they connect to,
reinforce and enhance the character of the group, integrating with the existing built form
and pattern of existing development; and b) do not add more than one third to the
existing number of buildings in the group within the Plan period (based on the size of
the group on the date of Plan adoption).
The application site forms part of a large dwelling plot which due to topography and
separating distances does not read as being part of an existing building group. In the
wider location it could be considered that there are two small existing groupings but the
site does not relate to either of these and cannot meet the policy criteria as the site is
not within an existing group.
The remaining category is 1.3 - other housing in the countryside however this category
is not applicable as the proposal is not a) necessary for the operational and economic
viability of an active business and b) is not on a rural brownfield site.
The principle of development on the site does not comply with Policy 1 and the
supplementary guidance.
Design and Layout
The site is large enough to accommodate a dwelling and adequate parking, turning and
access have been provided. The dwelling proposed is 1 ½ with wallhead dormers and
has traditional proportions/finishes but contemporary detailing.
The design, finishes and layout are considered acceptable but as above the principle of
development does not comply.
Residential Amenity
The site is large enough so that the dwelling can be positioned to have adequate
private amenity space with no impact on the neighbouring properties residential
amenity in terms of overlooking or loss of daylight/overshadowing.
Environmental Health have commented in relation to noise given that the location of the
proposed dwelling is approximately 70m from the railway line there is the potential for
noise from rail traffic to affect occupiers of the property. However it is noted that the
existing house and neighbouring properties are located closer to the line. They also
note that whilst there was no noise impact assessment submitted with the application,
the design statement refers to triple glazing and structurally insulated panels. EH
consider that the applicant could ensure the noise impacts are fully considered in the
detailed design.
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6
There is reference to an air or ground source heat pump being installed although there
is no indication of this on the plans. If the application had been supported, more
information would have been sought in this regard.
Contaminated Land
Mapping indicates that the site is occupied by railway land, in addition to a historic
cement, lime and plaster works immediately north of the site. There is the potential for
the site to be impacted by contamination as a result of these land uses. It will therefore
be necessary for an assessment of the site to be made to determine its suitability for
the proposed use.
Roads and Access
The site will utilise the existing access to the public road and adequate turning and
parking are shown within the site.
Drainage and Flooding
There is no flood risk associated with the site. The septic tank and drainage soakaway
is shown within the site.
Conservation Considerations
The area around Killeard House, Killiecrankie is considered to be of high historic
significance being located close to the likely position of the government lines for the
Battle of Killiecrankie (1689) as defined by the national Inventory of Historic Battlefield
(BTL12). If the proposal was acceptable and archaeological evaluation would have
been required.
Historic Environment Scotland consider that given the relatively secluded nature of the
proposed development site, they would not have significant concerns about the impacts
on the key characteristics of the battlefield landscape.
Natural Heritage and Biodiversity
No implications.
Developer Contributions
Affordable Housing
The CNPA Affordable Housing Policy requires that 25% of the total number of houses,
above a threshold of 4 units, for which planning consent is being sought is to be in the
form of affordable housing. For proposals less than 4 units, a contribution towards
affordable housing will be required.
The site is within the Cairngorms National Park Area. Cairngorms National Park Local
Development Plan Non-statutory Planning Guidance (Policy 1 New Housing
Development) sets an Affordable Housing contribution requirement of £1,250 for one
unit.
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7
Primary Education  
This proposal is within the catchment of Pitlochry Primary School. 
Education & Children’s Services have no capacity concerns in this catchment area at
this time.
Summary of Requirements
Affordable Housing: 1 x £1,250
Education: £0
Total: £1,250
Economic Impact
The economic impact of the proposal is likely to be minimal and limited to the
construction phase of the development.
VARIATION OF APPLICATION UNDER SECTION 32A 
This application was not varied prior to determination.
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.
Conditions and Reasons 
The proposal is contrary to Policy 1 New housing development of the Cairngorms
National Park Local Development Plan 2020 as the development does form part of an
existing rural group as defined in the policy 1.2 and doesn't meet the categories for
development in policy 1.3 Other housing in the countryside as it’s not necessary for or
to improve operational and economic viability and is not on a brownfield site.
Justification
The proposal is not in accordance with the Development Plan and there are no material
reasons which justify departing from the Development Plan.
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8
Informatives
N/A
Procedural Notes
Not Applicable.
PLANS AND DOCUMENTS RELATING TO THIS DECISION
01
02
03
04
05
06
07
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4(i)(c)
LRB-2022-57
LRB-2022-57
22/00899/FLL - Erection of a dwellinghouse and garage,
land 60 metres north west of Killieard House, Killiecrankie,
PH16 5LN
REPRESENTATIONS
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Page 37

14 The Square, Grantown-on-Spey, Moray, PH26 3HG
Tel: 01479 873535  Fax: 01479 873527
Perth and Kinross Council
35 Kinnoull Street
Perth
PH1 5DG 14 June 2022
Dear Sir or Madam 
Application Number: 2022/0197/DET
Your Ref: 22/00899/FLL
Development Proposed: Erection of dwellinghouse and garage
Location: Land 60 Meters North West Of Killeard House,
Killiecrankie,
The Cairngorms National Park Authority were notified of the above planning application by
Perth and Kinross Council on 7 June 2022. The application was considered by the
Cairngorms National Park Authority under their Call-in powers on 13 June 2022.
The decision of the Cairngorms National Park Authority is that the above planning
application does not raise any planning issues of general significance to the park aims and as
such No Call-in is necessary in this case. 
Should you require any further information, please do not hesitate to contact us using the
details below.
Yours faithfully
Planning Support Team
Email:  planning@cairngorms.co.uk
Website: www.cairngorms.co.uk
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Page 39

SW Public
General
Tuesday, 14 June 2022 
Local Planner
Planning and Development
Perth and Kinross Council
Perth
PH1 5GD 
Dear Customer, 
Land 60 Metres North West Of Killeard House, Killiecrankie, PH16 5LN
Planning Ref: 22/00899/FLL
Our Ref: DSCAS-0066787-Q7L
Proposal: Erection of a dwellinghouse and garage 
Please quote our reference in all future correspondence
Audit of Proposal
Scottish Water has no objection to this planning application; however, the applicant should be
aware that this does not confirm that the proposed development can currently be serviced.
Please read the following carefully as there may be further action required. Scottish Water
would advise the following: 
Water Capacity Assessment 
Scottish Water has carried out a Capacity review and we can confirm the following: 
 There is currently sufficient capacity in the Killicrankie Water Treatment Works to
service your development. However, please note that further investigations may be
required to be carried out once a formal application has been submitted to us. 
Waste Water Capacity Assessment 
 Unfortunately, according to our records there is no public Scottish Water, Waste
Water infrastructure within the vicinity of this proposed development therefore we
would advise applicant to investigate private treatment options. 
Development Operations
The Bridge
Buchanan Gate Business Park
Cumbernauld Road
Stepps
Glasgow
G33 6FB 
Development Operations
Freephone  Number - 0800 3890379
E-Mail - DevelopmentOperations@scottishwater.co.uk
www.scottishwater.co.uk
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SW Public
General
Please Note 
 The applicant should be aware that we are unable to reserve capacity at our water
and/or waste water treatment works for their proposed development. Once a formal
connection application is submitted to Scottish Water after full planning permission
has been granted, we will review the availability of capacity at that time and advise
the applicant accordingly. 
Surface Water 
For reasons of sustainability and to protect our customers from potential future sewer
flooding, Scottish Water will not accept any surface water connections into our combined
sewer system. 
There may be limited exceptional circumstances where we would allow such a connection
for brownfield sites only, however this will require significant justification from the customer
taking account of various factors including legal, physical, and technical challenges. 
In order to avoid costs and delays where a surface water discharge to our combined sewer
system is anticipated, the developer should contact Scottish Water at the earliest opportunity
with strong evidence to support the intended drainage plan prior to making a connection
request. We will assess this evidence in a robust manner and provide a decision that reflects
the best option from environmental and customer perspectives. 
General notes: 
 Scottish Water asset plans can be obtained from our appointed asset plan providers: 
 Site Investigation Services (UK) Ltd
 Tel: 0333 123 1223  
 Email: sw@sisplan.co.uk
 www.sisplan.co.uk 
 Scottish Water’s current minimum level of service for water pressure is 1.0 bar or
10m head at the customer’s boundary internal outlet.  Any property which cannot be
adequately serviced from the available pressure may require private pumping
arrangements to be installed, subject to compliance with Water Byelaws. If the
developer wishes to enquire about Scottish Water’s procedure for checking the water
pressure in the area, then they should write to the Customer Connections department
at the above address. 
 If the connection to the public sewer and/or water main requires to be laid through
land out-with public ownership, the developer must provide evidence of formal
approval from the affected landowner(s) by way of a deed of servitude. 
 Scottish Water may only vest new water or waste water infrastructure which is to be
laid through land out with public ownership where a Deed of Servitude has been
obtained in our favour by the developer. 
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SW Public
General
 The developer should also be aware that Scottish Water requires land title to the
area of land where a pumping station and/or SUDS proposed to vest in Scottish
Water is constructed. 
 Please find information on how to submit application to Scottish Water at our
Customer Portal. 
Next Steps: 
 All Proposed Developments 
All proposed developments require to submit a Pre-Development Enquiry (PDE)
Form to be submitted directly to Scottish Water via our Customer Portal prior to any
formal Technical Application being submitted. This will allow us to fully appraise the
proposals. 
Where it is confirmed through the PDE process that mitigation works are necessary
to support a development, the cost of these works is to be met by the developer,
which Scottish Water can contribute towards through Reasonable Cost Contribution
regulations. 
 Non Domestic/Commercial Property: 
Since the introduction of the Water Services (Scotland) Act 2005 in April 2008 the
water industry in Scotland has opened to market competition for non-domestic
customers.  All Non-domestic Household customers now require a Licensed Provider
to act on their behalf for new water and waste water connections. Further details can
be obtained at www.scotlandontap.gov.uk 
 Trade Effluent Discharge from Non-Domestic Property: 
 Certain discharges from non-domestic premises may constitute a trade
effluent in terms of the Sewerage (Scotland) Act 1968.  Trade effluent arises
from activities including; manufacturing, production and engineering; vehicle,
plant and equipment washing, waste and leachate management. It covers
both large and small premises, including activities such as car washing and
launderettes. Activities not covered include hotels, caravan sites or
restaurants. 
 If you are in any doubt as to whether the discharge from your premises is
likely to be trade effluent, please contact us on 0800 778 0778 or email
TEQ@scottishwater.co.uk using the subject “Is this Trade Effluent?". 
Discharges that are deemed to be trade effluent need to apply separately for
permission to discharge to the sewerage system.  The forms and application
guidance notes can be found here.
 Trade effluent must never be discharged into surface water drainage systems
as these are solely for draining rainfall run off.
 For food services establishments, Scottish Water recommends a suitably
sized grease trap is fitted within the food preparation areas, so the
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SW Public
General
development complies with Standard 3.7 a) of the Building Standards
Technical Handbook and for best management and housekeeping practices
to be followed which prevent food waste, fat oil and grease from being
disposed into sinks and drains.
 The Waste (Scotland) Regulations which require all non-rural food
businesses, producing more than 50kg of food waste per week, to segregate
that waste for separate collection. The regulations also ban the use of food
waste disposal units that dispose of food waste to the public sewer. Further
information can be found at www.resourceefficientscotland.com 
I trust the above is acceptable however if you require any further information regarding this
matter please contact me on 0800 389 0379 or via the e-mail address below or at
planningconsultations@scottishwater.co.uk. 
Yours sincerely, 
Angela Allison
Development Services Analyst
PlanningConsultations@scottishwater.co.uk 
Scottish Water Disclaimer: 
“It is important to note that the information on any such plan provided on Scottish Water’s
infrastructure, is for indicative purposes only and its accuracy cannot be relied upon.  When the
exact location and the nature of the infrastructure on the plan is a material requirement then you
should undertake an appropriate site investigation to confirm its actual position in the ground and
to determine if it is suitable for its intended purpose.  By using the plan you agree that Scottish
Water will not be liable for any loss, damage or costs caused by relying upon it or from carrying
out any such site investigation."
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Comments to the Development Quality Manager on a Planning Application
Planning
Application ref.
22/00899/FLL Comments
provided
by
Lucy Sumner
Service/Section Strategy & Policy Contact
Details
Development Contributions
Officer:
Lucy Sumner
Email: 
Description of
Proposal 
Erection of a dwellinghouse and garage 
Address of site Land 60 Metres North West Of Killeard House Killiecrankie
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.
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 site is within the Cairngorms National Park Area. Cairngorms National
Park Local Development Plan Non-statutory Planning Guidance (Policy 1
New Housing Development) sets an Affordable Housing contribution
requirement of £1,250 for one unit. 
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 Pitlochry Primary School. 
Education & Children’s Services have no capacity concerns in this catchment
area at this time.
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Recommended
planning
condition(s)
Summary of Requirements
Affordable Housing: 1 x £1,250
Education: £0
Total: £1,250
Phasing
It is advised that payment of the contribution should be made up front of
release of planning permission. The additional costs to the applicants and
time for processing legal agreements for single dwelling applications is not
considered to be cost effective to either the Council or applicant.
The contribution may be secured by way of a Section 75 Agreement. Please
be aware the applicant is liable for the Council’s legal expense in addition to
their own legal agreement option and the process may take months to
complete.
If a Section 75 Agreement is entered into the full contribution should be
received 10 days prior to occupation.
Recommended
informative(s) for
applicant
Payment
Before remitting funds the applicant should satisfy themselves that the
payment of the Development Contributions is the only outstanding
matter relating to the issuing of the Planning Decision Notice. 
Methods of Payment
On no account should cash or cheques be remitted.
Scheduled within a legal agreement 
This will normally take the course of a Section 75 Agreement where either
there is a requirement for Affordable Housing on site which will necessitate a
Section 75 Agreement being put in place and into which a Development
Contribution payment schedule can be incorporated, and/or the amount of
Development Contribution is such that an upfront payment may be
considered prohibitive. The signed Agreement must be in place prior to the
issuing of the Planning Decision Notice. 
NB: The applicant is cautioned that the costs of preparing a Section 75
agreement from the applicant’s own Legal Agents may in some instances be
in excess of the total amount of contributions required. As well as their own
legal agents fees, Applicants will be liable for payment of the Council's legal
fees and outlays in connection with the preparation of the Section 75
Agreement.  The applicant is therefore encouraged to contact their own Legal
Agent who will liaise with the Council’s Legal Service to advise on this issue.
Other methods of payment
Providing that there is no requirement to enter into a Section 75 Legal
Agreement, eg: for the provision of Affordable Housing on or off site and or
other Planning matters, as advised by the Planning Service the
developer/applicant may opt to contribute the full amount prior to the release
of the Planning Decision Notice.
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Bank Transfers
All Bank Transfers should use the following account details;
Sort Code: 834700
Account Number: 11571138
Please quote the planning application reference. 
The Council operate an electronic direct debit system whereby payments may
be made over the phone.
To make such a payment please call 01738 475300 in the first instance. 
When calling please remember to have to hand:
a) Your card details.
b) Whether it is a Debit or Credit card. 
c) The full amount due.
d) The planning application to which the payment relates.
e) If you are the applicant or paying on behalf of the applicant. 
f)  Your e-mail address so that a receipt may be issued directly.
Affordable Housing
For Affordable Housing contributions please quote the following ledger code: 
1-30-0060-0000-859136
Indexation
All contributions agreed through a Section 75 Legal Agreement will be linked
to the RICS Building Cost Information Service building Index. 
Accounting Procedures
Contributions from individual sites will be accountable through separate
accounts and a public record will be kept to identify how each contribution is
spent. Contributions will be recorded by the applicant’s name, the site
address and planning application reference number to ensure the individual
commuted sums can be accounted for. 
Date comments
returned
16 June 2022
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Page 47

Historic Environment Scotland – Longmore House, Salisbury Place, Edinburgh, EH9 1SH 
Scottish Charity No. SC045925
VAT No. GB 221 8680 15 
Dear Perth and Kinross Council 
Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013
Land 60 Metres North West Of Killeard House, Killiecrankie - Erection of a dwellinghouse
and garage. 
Thank you for your consultation which we received on 07 June 2022.  We have assessed
it for our historic environment interests and consider that the proposals have the potential
to affect the following: 
Ref Name Designation Type
BTL12 Battle of Killiecrankie Battlefield 
You should also seek advice from your archaeology and conservation service for matters
including unscheduled archaeology and category B and C-listed buildings. 
Our Advice 
The proposal is for the construction of a new dwellinghouse within the existing grounds of
Killieard House. 
The Battle of Killiecrankie (BTL12) is significant as it is the opening battle of the first
Jacobite Rising in Scotland. In later years their success at Killiecrankie would be a
continual inspiration to Jacobites in Scotland, even though the loss of the Viscount
Dundee in the battle fatally undermined their cause. It also highlights the devastating
effect a well-executed Highland charge could have on an enemy and displays the first of
numerous technological and tactical developments by the fledgling British Army in this
period. 
The area of proposed development is not within the core of the Battlefield but sits
approximately 200m south of the left-flank of the government lines. 
We do not have significant concerns about the potential of the development to impact
negatively on archaeological material critical to the understanding of the Battle. However,
we do recommend that appropriate archaeological mitigation is applied to the site prior to
By email to:
Developmentmanagement@pkc.gov.uk
Perth and Kinross Council
Pullar House
35 Kinnoull Street
Perth
PH1 5GD
Longmore House
Salisbury Place
Edinburgh
EH9 1SH 
Enquiry Line: 0131-668-8716
HMConsultations@hes.scot
Our case ID: 300058989
Your ref: 22/00899/FLL
20 June 2022
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Historic Environment Scotland – Longmore House, Salisbury Place, Edinburgh, EH9 1SH 
Scottish Charity No. SC045925
VAT No. GB 221 8680 15 
construction, such as metal detecting and a watching brief of any ground-breaking works. 
Your own archaeological advisors will be able to provide detailed advice regarding such
mitigation works. 
Given the relatively secluded nature of the proposed development site, we would not
have significant concerns about the impacts on the key characteristics of the battlefield
landscape. 
Planning authorities are expected to treat our comments as a material consideration, and
this advice should be taken into account in your decision making.  Our view is that the
proposals do not raise historic environment issues of national significance and therefore
we do not object.  However, our decision not to object should not be taken as our support
for the proposals.  This application should be determined in accordance with national and
local policy on development affecting the historic environment, together with related
policy guidance. 
Further Information 
This response applies to the application currently proposed.  An amended scheme may
require another consultation with us. 
Guidance about national policy can be found in our ‘Managing Change in the Historic
Environment’ series available online at www.historicenvironment.scot/advice-and-
support/planning-and-guidance/legislation-and-guidance/managing-change-in-the-
historic-environment-guidance-notes/. Technical advice is available through our
Technical Conservation website at www.engineshed.org. 
Please contact us if you have any questions about this response.  The officer managing
this case is Tom Parnell who can be contacted by phone on 0131 668 8662 or by email
on tom.parnell@hes.scot. 
Yours faithfully 
Historic Environment Scotland
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To:  Joanne Ferguson, Planning Officer
From: Sophie Nicol, Historic Environment Manager
Tel: 01738 477027
Email: Sophie.Nicol@pkht.org.uk
Date: 30th June 2022 
22/00899/FLL | Erection of a dwellinghouse and garage | Land 60 Metres North West
Of Killeard House Killiecrankie 
Thank you for consulting PKHT on the above application. 
As outlined in the neighbouring application 22/00897/FLL the area around Killeard House,
Killiecrankie is considered to be of high historic significance being located close to the likely
position of the government lines for the Battle of Killiecrankie (1689) as defined by the national
Inventory of Historic Battlefield (BTL12). 
Recent work undertaken as part of information gathering for the A9 Dualling Scheme managed
by Jacobs on behalf of Transport Scotland has provided some more evidence to date on the
potential for remains in the battlefield area north of the site. Metal detecting undertaken in 2003
and then as part of the A9 works in 2018 revealed several munitions including a musket shot,
which are likely to be battlefield artefacts.   
Therefore, given the outlined sensitivities and the potential wide spread of activity from the
battlefield should this application be approved we recommend that that all ground-breaking
works are subject to a programme of archaeological works condition, the scope of which will
need agreed in a WSI before works commence. These are likely to include metal detecting and
an archaeological evaluation/ archaeological monitoring in spits of the development area. 
Recommendation:
In line with Scottish Planning Policy historic environment section (paragraphs 135-137 and 149-
150), it is recommended that the following condition for a programme of archaeological works
be attached to consent, if granted: 
HE25 Development shall not commence until the developer has secured the implementation of
a programme of archaeological work in accordance with a written scheme of archaeological
investigation which has been submitted by the applicant, and agreed in writing by the Council as
Planning Authority, in consultation with Perth and Kinross Heritage Trust. Thereafter, the
developer shall ensure that the programme of archaeological works is fully implemented
including that all excavation, preservation, recording, recovery, analysis, publication and
archiving of archaeological resources within the development site is undertaken.  In addition,
the developer shall afford access at all reasonable times to Perth and Kinross Heritage Trust or
a nominated representative and shall allow them to observe work in progress. 
Notes: 
1. Should consent be given, it is important that the developer, or their agent, contact me
as soon as possible. I can then explain the procedure of works required and, if
necessary, prepare for them written Terms of Reference. 
2. This advice is based on information held on the Perth and Kinross Historic Environment
Record. This database of archaeological sites and historic buildings is regularly updated.
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M e m o r  
To Development Management & Building  
Standards Service Manager   
Your ref 22/00899/FLL
Date      1 July 2022
Communities 
a n d u m
From  Regulatory Services Manager
Our ref  DAT
Tel No      
Pullar House, 35 Kinnoull Street, Perth PH1 5G
Consultation on an Application for Planning Permission
22/00899/FLL RE: Erection of a dwellinghouse and garage Land 60 Metres Northwest Of
Killeard House Killiecrankie
I refer to your letter dated 14 June 2022 in connection with the above application and have the
following comments to make.
Recommendation
I have no objections to the application but recommend the undernoted condition and
informative be included in any given consent.
Comments 
The applicant is proposing the erection of a dwellinghouse in the grounds of the existing
Killeard House to allow family members to occupy the existing property. Given that the location
of the proposed dwelling is approximately 70m from the railway line there is the potential for
noise from rail traffic to affect occupiers of the property however I note that the existing house
and neighbouring properties are located closer to the line.
Noise
WHO – Environmental Noise Guidelines (2018) recommends that an internal target noise level
of 30dB LAeq,8hr and 45 dB LAFmax to protect residents.
BS8233:2014 – Guidance on the Sound Insulation and Noise Reduction for Buildings, provides
indoor ambient target noise levels for dwellings during the daytime of 35 dB LAeq(16hr) in living
rooms/bedrooms and a night-time target noise level of 30 dB LAeq(8hr) for bedrooms. It also
states that regular individual noise events (e.g., passing trains) can cause sleep disturbance.
A guideline value may be set in terms of SEL or LAFmax, depending on the character and number
of events per night. The guidance also indicates that at an outdoor, daytime level of 50dB
LAeq(16h) is desirable, whilst an upper limit of 55dB LAeq,16h will be acceptable in noisier
environments.
Therefore, levels predicted to be above 55 dB LAeq(16h) are likely to have a major impact. 
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External target noise levels of 55 dB LAeq for daytime and 45 dB LAeq for night-time which is
provided in para 3.7 of Technical Advice Note – Assessment of Noise (TAN) 2011, which are
used by the guidance for illustrative purposes only.
Whilst there was no noise impact assessment submitted with the application, I note from the
design statement that the sustainability section refers to triple glazing and structurally insulated
panels. I would recommend that the applicant take into consideration the above target levels
to ensure that occupiers of the property are not adversely affected by noise from rail traffic and
if necessary, consider mechanical ventilation as an alternative to open windows in habitable
rooms facing the line.
I also note reference to an air or ground source heat pump being installed although there is no
indication of this on the plans. The World Health Organisation (WHO) issued guidance in 1999
in relation to noise, at which time it was recommended that the following sound levels should
be maintained: Leq50-55dB(A) in outdoor living areas, Leq35dB(A) in internal living areas and
Leq30dB(A) in bedrooms. This guidance is consistent with BS8233:2014 which recommends
the following sound level ranges: Leq30-40dB(A) in living areas and Leq30-35dB(A) in
bedrooms.
Given the distance attenuation to neighbouring properties these levels should be achievable
for airborne noise allowing for 10-15dB reduction by a partially open window. 
The sound levels recommended in the guidance does not take into account the relative noise
level at octave frequency bands. Fixed plant of this type can create noise which has
characteristics that are not adequately quantified by means of a Leq limit. I therefore
recommend that an additional condition, based on Noise Rating, be included on any given
consent to protect residential amenity.
Odour
I note from the floor plans there is a stove indicated in the lounge area although the elevation
plans do not show a flue or chimney. Perth and Kinross Council have a duty to assess biomass
boilers for capacity within the range of 50kW to 20MW in terms of nitrogen dioxide and
particulate matter based on their effect on air quality in the area. As the stove is likely to be
domestic sized, I have no adverse comments to make with regards to air quality.
Another matter pertaining to stoves which could cause an issue is the potential for smoke or
odour disamenity. This Service has seen an increase in complaints with regards to smoke and
odour due to the installation of biomass appliances. This can be caused due to poor installation
and maintenance of the biomass appliances and also inadequate dispersion of emissions due
to the inappropriate location and height of a flue with regards to surrounding buildings.  Given
the distance to neighbouring residential properties, I do not foresee smoke and/or odour
affecting residential amenity of neighbouring properties however I would recommend that the
standard informative be added to any given consent.
Therefore, whilst I have no objection to the application, I would recommend that the following
condition and informative be applied to any given consent
Condition
EH10 All plant or equipment shall be so enclosed, attenuated and/or maintained such that
any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours
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daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring
residential property, with all windows slightly open, when measured and/ or calculated
and plotted on a rating curve chart.
Informative
 The approved stove system shall be installed and thereafter operated and maintained
in accordance with the manufacturer’s recommendations, such that smoke odours are
not exhausted into or escape into any neighbouring dwellings. Failure to do so may
result in an investigation and possible action by Environmental Health under the
Environmental Protection Act 1990. 
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M e m o r
To Development Management & Building
Standards Service Manager
Your ref 22/00899/FLL
Date 06/07/2022
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
22/00899/FLL RE: Erection of a dwellinghouse and garage at Land 60 Metres North West Of
Killeard House Killiecrankie for Mr B Parkins
I refer to your letter dated 15 June 2022 in connection with the above application and have
the following comments to make.
Contaminated Land
Recommendation
I refer to the above application and have the following comments to make in respect of the
proposed development.
Mapping indicates that the site is occupied by railway land, in addition to a historic cement,
lime and plaster works immediately north of the site. There is the potential for the site to be
impacted by contamination as a result of these land uses. It will therefore be necessary for
an assessment of the site to be made to determine its suitability for the proposed use.
Therefore if planning permission is granted in respect of this development I would
recommend that the following condition is applied within the consent.
Condition
EH41
Prior to the commencement of works on site, an evaluation for the potential of the site to be
affected by contamination by a previous use should be undertaken and as a minimum, a
Preliminary Risk Assessment (Phase 1 Desk Study) will be submitted for consideration by
the Council as Planning Authority. If after the preliminary risk assessment identifies the need
for further assessment, an intrusive investigation should be undertaken to identify;
I. the nature, extent and type(s) of contamination on the site
II. measures to treat/remove contamination to ensure the site is fit for the use proposed
III. measures to deal with contamination during construction works
IV. condition of the site on completion of decontamination measures.
Prior to the completion or bringing into use of any part of the development the agreed
measures to decontaminate the site shall be fully implemented as approved by the Council
as Planning Authority. Validation that the scheme has been fully implemented must also be
submitted to the Council as Planning Authority.
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