Minute of meeting of 3 December 2025
Perth and Kinross Council · 7 January 2026
Back to Planning and Placemaking Committee — 7 January 2026 and its agenda
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Planning and Placemaking Committee Minute of hybrid meeting of the Planning and Placemaking Committee held in the Council Chambers, 2 High Street, Perth, on Wednesday 3 December 2025 at 9.30am. Present: Councillors I Massie, G Stewart, K Allan, B Brawn, D Cuthbert, K Harvey D Illingworth, I James, I MacPherson (substituting for Councillor R Watters), Bailie C McLaren, and Bailie M Williamson. In Attendance: L McLean, S Panton, L Reid, K Smith, N Sworowski and P Williamson (all Economy, Development and Planning); A Brown, G Fogg, M Pasternak (all Legal and Governance). Apologies: Councillor R Watters. Councillor I Massie, Convener, Presiding. 1. Welcome and Apologies The Convener welcomed everyone present to the meeting and noted apologies as above. 2. Declarations of Interest There were no Declarations of Interest made in terms of the Councillors Code of Conduct. 3. Minutes The minute of meeting of the Planning and Placemaking Committee of 8 October 2025 was submitted and approved as a correct record. 4. Deputations In terms of Standing Order 13, the Committee agreed to hear deputations in relation to the following planning applications: Planning Application No. Item No. 25/00793/FLL 5(3)(i) 24/00800/FLL 5(3)(iii) 25/01420/FLL 5(3)(iv) 25/00928/IPL 5(3)(v)
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5. Applications For Determination (1) Section 36 Consultations (i) 24/00716/ECU36 - The proposed Brunt Hill Wind Farm development comprises 13 turbines (of which 7 wind turbines have a ground to blade tip height up to 200 metres and 6 wind turbines have a ground to blade tip height up to 185m) and battery energy storage system (BESS) (up to 50MW) and associated infrastructure (as amended) (ECU00004654), land 2km north-west of Westfield Cottage, Carnbo, Kinross, KY13 0NT (Report No. 25/337) Motion (Councillors I Massie and G Stewart) Offer no objection to the proposal and request the imposition of the following suggested conditions: Suggested Conditions Commencement of Development 1. The Development must be commenced no later than 3 years from the date of this planning permission. Written confirmation of the intended date of Commencement of Development shall be provided to the Planning Authority no later than one calendar month before that date. Reason - Section 58 of the Town and Country Planning (Scotland) Act 1997 requires a condition to be attached to permissions limiting their duration. Three years is the default period set by law and there is no material reason indicating that a different period should be set. Design of Wind Turbines 2. No turbines shall be erected until details and specification of the proposed wind turbines (including the size, make and model, power rating and sound power levels, nameplate generating capacity, type, external finish and colour) and all turbine associated apparatus have been submitted to and approved in writing by the Planning Authority. The submission shall demonstrate that all wind turbine blades shall rotate in the same direction. Thereafter the wind turbines and all associated apparatus shall be constructed and operated in accordance with the details approved under part (1) and shall be maintained in the free from external rust, staining or discolouration, until such time as the Development is decommissioned. Reason - To ensure that the environmental impacts of the turbines forming part of the Development conform to the impacts assessed in the EIA Report and in the interests of the visual amenity of the area.
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Design of Sub-station and ancillary development 3. There shall be no Commencement of Development of the sub-station until final details of its location, layout, external appearance, dimensions, and surface materials, and control room buildings, any above ground electrical equipment, associated compounds, construction compound, boundary fencing, external lighting and parking areas have been submitted to, and approved in writing by, the Planning Authority. Thereafter, the substation and control room buildings, any above ground electrical equipment, associated compounds, fencing, external lighting and parking areas shall be constructed in accordance with the details approved under part (1). Reason - To ensure that the environmental impacts of the sub-station and ancillary development forming part of the Development conform to the impacts assessed in the EIA Report and in the interests of the visual amenity of the area. Design of Energy Storage Facility 4. There shall be no Commencement of Development on the energy storage facility until details of the location, layout, external finishes and appearance, dimensions and surface materials of the energy storage facility, inclusive of battery containers, substation(s), control buildings, external above ground electrical equipment, associated compounds, construction compound, boundary fencing and other enclosures, external lighting, security cameras and parking areas have been submitted to, and approved in writing by, the Planning Authority. For the avoidance of doubt the details of the energy storage facility shall not exceed the parameters assessed in the EIA Report. Thereafter, the battery energy storage facility shall be constructed in accordance with the details approved under part (1) and the infrastructure shall be maintained in the approved colour, free from rust, staining or discolouration until such time as the Development is decommissioned. Reason - To ensure that the environmental impacts of the energy storage facility forming part of the Development conform to the impacts assessed in the EIA Report and in the interests of the visual amenity of the area. Signage 5. No part of the Development shall display any text, logo, sign or advertisement (other than health and safety signage as required by law) or be illuminated (with the exception of aviation safety lighting). Reason - In the interests of health and safety on site and the visual amenity of the area. Micro-siting 6. All wind turbines, buildings, areas of hardstanding, associated infrastructure and tracks shall be constructed
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in the locations shown on plan reference Volume 3a, Figure 3.1 Revised Proposed Development read in conjunction with Volume 2, Chapter 3 - Description of Proposed Development of the Additional Information Report. The locations of wind turbines, buildings, areas of hardstanding and tracks may be adjusted by micro-siting within the redline boundary shown on plan reference Figure 3.1 Revised Proposed Development of the Additional Information Report. Any such micro-siting is subject to the following restrictions unless otherwise approved in advance in writing by the Planning Authority: (a) no wind turbine, building, hardstanding or access track shall be moved more than 50m from the position shown on Figure 3.1 Revised Proposed Development of the Additional Information Report and at the grid references set out in Volume 2, Chapter 3 of the AI Report; (b) No micro-siting shall take place with the result that infrastructure (excluding floating tracks or hardstanding) has a greater overall impact on peat than the original location; (c) no infrastructure other than as required for a water course crossing or water crossing upgrading works shall be microsited to within 50 metres of a water course; (d) No wind turbine foundation shall be positioned higher than 5m Above Ordnance Datum (AOD) than the position for that turbine shown at the grid references set out in Volume 2, Chapter 3 of the AI Report. (e) no micro-siting shall take place which will bring the wind turbine blade tips closer than 50m stand-off distance to high-value bat habitat. All micro-siting permissible under this condition shall be submitted to, and approved in writing by, the Environmental Clerk of Works (ECoW) in advance of any works or development associated with the micrositing request being implemented. No later than three months after the Date of Final Commissioning, an updated site layout plan showing the final position of all wind turbines, buildings, areas of hardstanding, tracks and associated infrastructure forming part of the Development shall be submitted to the Planning Authority. The plan shall also specify areas where micrositing has taken place and, for each instance, be accompanied by copies of the ECoW or Planning Authority’s approval, as applicable. Reason - to control environmental impacts while taking account of local ground conditions. Planning Monitoring Officer 7. There shall be no Commencement of Development until the terms of appointment by the developer of an
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independent and suitably qualified consultant as Planning Monitoring Officer (PMO) have been submitted to, and approved in writing by, the Planning Authority. The terms of appointment shall: (a) impose a duty to monitor compliance with the terms of the planning permission and the conditions attached to it; (b) require the PMO to submit a monthly report to the Planning Authority summarising works undertaken on site, matters of compliance or otherwise with the terms of the planning permission and conditions attached to it, alongside a summary of the incidents recorded and reported by the ECoW; and (c) require the PMO to report to the Planning Authority any incidences of non-compliance with the terms and conditions of the planning permission at the earliest practical opportunity, and no later than 10 working days following the incidence of non- compliance. The PMO shall be appointed on the approved terms throughout the period from Commencement of Development to completion of construction works and post-construction site reinstatement works. Prior to the decommissioning, restoration and aftercare phases of the Development or the expiration of the operational period of the planning permission (whichever is the earlier), details of the terms of appointment of a suitably qualified consultant as PMO by the Company/operator throughout the decommissioning, restoration and aftercare phases of the Development shall be submitted to, and approved in writing by the Planning Authority. The PMO shall be appointed on the terms approved under part (3) throughout the decommissioning, restoration and aftercare phases of the Development. Reason - To ensure compliance with the planning permission and the conditions attached to it. Environmental Clerk of Works 8. There shall be no Commencement of Development until the terms of appointment of an independent Environmental Clerk of Works (ECoW) have been submitted to, and approved in writing by, the Planning Authority. The terms of appointment shall: (a) impose a duty to monitor compliance with the environmental commitments provided in the EIA Report, including any micrositing under condition 5, the Construction and Environmental Management Plan approved under condition 9, the Biodiversity Enhancement Plan approved under condition 15, the Habitat Management and Monitoring Plan under Condition 16 and any
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species or habitat management plans identified in the EIA Report, (“the ECoW works”); (b) require the ECoW to report to the nominated construction project manager, developer and Planning Authority any incidences of non- compliance with the ECoW works at the earliest practical opportunity; (c) require the ECoW to submit a monthly report to the construction project manager, developer and Planning Authority summarising works undertaken on site. Prior to the decommissioning, restoration and aftercare phases of the Development or the expiration of the operational period of the planning permission (whichever is the earlier), details of the terms of appointment of a suitably qualified, experienced, and independent ECoW by the Company throughout the decommissioning, restoration and aftercare phases of the Development shall be submitted to, and approved in writing by the Planning Authority. The ECoW shall be appointed on the terms approved under part (2) throughout the decommissioning, restoration and aftercare phases of the Development. Reason - To secure effective and transparent monitoring of and compliance with the environmental mitigation and management measures associated with the Development during the construction, decommissioning, restoration and aftercare phases. Construction and Environmental Management Plan 9. There shall be no Commencement of Development until a Construction and Environmental Management Plan (CEMP) containing site specific details of all on-site construction works, post-construction reinstatement, drainage and mitigation, together with details of their timetabling, has been submitted to, and approved in writing by, the Planning Authority. The CEMP shall be informed by the site and ground investigation works and best practice guidance. The CEMP shall include: (a) a site waste management plan (dealing with all aspects of waste produced during the construction period other than peat and other carbon rich soils), including details of contingency planning in the event of accidental release of materials which could cause harm to the environment, evidencing adherence with SEPA’s guidance and the requirements of the waste management licensing regime as appropriate; (b) details of the location, layout, formation of the construction compound, welfare facilities, any concrete batching plant (including disposal of pH- rich waste water and substances), any areas of
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hardstanding, turning areas, internal access tracks, car parking, material stockpiles, oil, fuel and chemical storage, lighting columns, and any construction compound boundary fencing required for the construction period; (c) a dust management plan detailing all mitigation/dust suppression measures intended to reduce the impacts of dust on site, including measures to reduce dust on roads; (d) details of measures to be taken to prevent loose or deleterious material being deposited on the local road network including wheel cleaning and lorry sheeting facilities, and measures to clean the site entrances and the adjacent local road network; (e) a Pollution Prevention and Incident Plan incorporating a Pollution Prevention Plan, Pollution Incident Plan and a Pollution Control Monitoring Plan, with measures to protect watercourses, groundwater, management of natural surface hydrological flows (flushes, springs, etc.) and protection of peatland/soils, arrangements for the storage and management of oil and fuel and other chemicals on the site and sewage disposal and treatment; (f) details of soil storage and management including outline quantities, locations (other than peat and other carbon rich soils) management of long term storage of construction generated to facilitate future site restoration; (g) a drainage management strategy, demonstrating how all surface and waste water arising during and after construction is to be managed and prevented from impacting on the water environment and to mitigate flood risk; (h) a surface water and groundwater management and treatment plan, including details of the separation of clean and dirty water drains, and location of settlement lagoons for silt laden water; (i) details of temporary site illumination, including measures to ensure light spill/pollution is minimised and avoids habitats within the site and does not extend beyond the immediate working area, and not beyond the site boundary; (j) Protected Species Plan, informed by any protected species surveys carried out. The Plan shall provide mitigation measures in line with Summary of Mitigation, as required, and a timetable for implementation. (k) details of the construction of the access into the site, including associated drainage and the creation and maintenance of associated visibility splays;
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(l) Construction Method Statements for the following: i. crane pads; ii. turbine foundations; iii. working cable trenches; iv. erection of the wind turbines; v. Substation compound formation, erection of associated buildings and ancillary infrastructure; vi. all roads/tracks to be altered/formed within the site including their width, means of drainage (which shall have regard to SUDS principles), means of construction, and edge reinstatement including verge width. vii. watercourse crossings including full details and plans of the design and specification of all new and upgraded watercourse crossings to be constructed; (m) details of post-construction restoration/reinstatement of the working areas not required during the operation of the Development; (n) a tree felling and management plan; (o) A Construction Noise Management Plan including details of the management of noise and vibration during construction and post-construction restoration, including that caused by construction traffic, in accordance with BS 5228:2009 “Code of Practice for noise and vibration control on construction and open sites – Part 1: Noise and Part 2: Vibration” (or any updated version/document which superseded this document) and how any properties likely to be affected by construction noise will be kept informed; (p) Construction Method Statements for all roads/tracks to be altered/formed within the development site including their width, likelihood of widening or passing places, means of drainage (which shall have regard to SUDS principles), means of construction, and edge reinstatement including verge width. The specification shall be accompanied by relevant plans at a scale sufficient; (q) the cable trenches; (r) A phasing plan for the construction works; and (s) A written scheme which details the methodology for dealing with any revisions to any of the documents required under this part (2). Any revised documents will require to be submitted to and approved in writing by the Planning Authority prior to the revisions being implemented on site. The Development shall be implemented in accordance with the CEMP approved under part (1) unless otherwise approved in advance in writing by the Planning Authority. Reason - To ensure that all construction operations are carried out in a manner that minimises their impact on
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road safety, amenity and the environment, and that the mitigation measures contained in the EIA Report Borrow Pits – Scheme of Works 10. There shall be no Commencement of Development until a scheme for the working and restoration of each borrow pit forming part of the Development has been submitted to, and approved in writing by, the Planning Authority. The scheme shall provide: (a) a detailed working method statement based on site survey information and ground investigations; (b) details of the handling of any overburden (including peat, soil and rock); (c) drainage measures, including measures to protect and manage surrounding areas of peatland, water dependant sensitive habitats and ground water dependent terrestrial ecosystems from drying out; (d) a programme of implementation of the works described in the scheme; and (e) Outline details of the reinstatement, restoration and aftercare of the borrow pit(s) to be undertaken at the end of the construction period, including topographic surveys of pre-construction profiles and details of topographical surveys to be undertaken of the restored borrow pit profiles. The scheme approved under part (1) shall thereafter be implemented in full following Commencement of Development. Reason - To ensure that excavation of materials from the borrow pit(s) is carried out in a manner that minimises the impact on amenity and the environment, and to secure the restoration of borrow pit(s) at the end of the construction period. Borrow Pits – Blasting 11. No blasting shall take place until a scheme specifying blast monitoring locations is submitted to and approved in writing by the Planning Authority. Ground vibration from blasting shall not exceed a peak particle velocity of 6mm/second at the blasting monitoring locations approved in the scheme. The measurement is to be the maximum of three mutually perpendicular directions taken at the ground surface. Unless otherwise approved in writing in advance by the Planning Authority, blasting shall only take place between the hours of 10.00 to 16.00 on Monday to Friday inclusive and 10.00 to 12.00 on Saturdays, with no blasting taking place on a Sunday or on a Public Holiday. The scheme shall be implemented as approved. Reason - To ensure that blasting activity is carried out within defined parameters and timescales to control impact on amenity.
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Construction Hours 12. Construction work shall only take place between the hours of 07.00 to 18.00 on Monday to Friday inclusive and 07.00 to 13.00 on Saturdays, with no construction work taking place on a Sunday or Public Holiday. Outwith these specified hours, maintenance works, emergency works and construction works shall be limited to concrete pours, wind turbine erection, dust suppression, and the testing of plant and equipment, unless otherwise approved in advance in writing by the Planning Authority. HGV movements (excluding abnormal loads) to or from the site during construction of the wind farm shall be limited to 07.00 to 18.00 Monday to Friday (inclusive), and 07.00 to 13.00 on Saturdays, with no HGV movements to or from site taking place on a Sunday or Public Holiday. Outwith these hours, and subject to paragraph (1), HGV movements are to be limited to wind turbine delivery (unless otherwise approved in advance in writing by the Planning Authority). Reason - In the interests of local amenity. Traffic Management Plan 13. There shall be no Commencement of Development until a Construction Traffic Management Plan (CTMP) has been submitted to, and approved in writing by, the Planning Authority. The CTMP shall provide: (a) the routeing of all traffic associated with the Development on public roads; (b) measures to ensure that the specified routes are adhered to, including monitoring procedures; (c) details of all signage and lining arrangements to be put in place; (d) provisions for emergency vehicle access; (e) provision for the submission and agreement of a roads condition survey pre-and post-construction, to ensure the delivery of any post-construction public road restoration that may be required; and (f) identification of a nominated person to whom any road safety issues can be referred. The approved CTMP shall thereafter be implemented in full, unless otherwise approved in advance in writing by the Planning Authority. Reason - In the interests of road safety. Abnormal Loads 14. There shall be no abnormal load deliveries to the site until an Abnormal Load Route Assessment Report has been submitted to and approved in writing by the Planning Authority. The Abnormal Load Route Assessment Report shall provide: (a) Details of a communications strategy to inform the relevant communities of the programme of abnormal load deliveries;
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(b) Details of any accommodation measures required for the local road network including the removal of street furniture, junction widening, visibility splays and traffic management; (c) Any additional signing or temporary traffic control measures deemed necessary on the trunk road network due to the size or length of any loads being transported must be undertaken by a recognised QA traffic management consultant; (d) Details of the route for abnormal loads on the local and trunk road networks and any recommendations for delivery of abnormal loads; (e) An assessment of the capacity of any bridge crossings on the route to cater for abnormal loads, and details of proposed upgrades and mitigation measures required for any bridge crossings; and (f) A plan for access by vehicles carrying abnormal loads, including but not limited to the number and timing of deliveries and the length, width and axle configuration of all such traffic associated with the Development. Prior to the first delivery of an abnormal load, a programme for abnormal load deliveries shall be submitted to, and be approved in writing by, the Planning Authority. Prior to any movement of abnormal loads (including trial runs) the Company must complete any mitigation works set out in in the scheme approved under part (1) of this condition, and maintain such measures during the period of abnormal load deliveries. The trial-run shall be undertaken in accordance with the details approved under part (1) prior to the movement of any abnormal loads. The details in the approved report shall thereafter be implemented in full prior to the first delivery of an abnormal load. Reason - In the interest of road safety and to ensure that abnormal loads access the site in a safe manner. Vehicular Access 15. No development in connection with the permission hereby granted shall commence unless the vehicular access has been provided and surfaced in accordance with Perth & Kinross Council's Road Development Guide Type E Figure 5.8 access detail, of Type B Road construction detail. The Type B Road construction detail shall continue into the entrance for a distance of 10.5 metres. Once provided, the vehicular and pedestrian access shall thereafter be permanently retained as such. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary.
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Biodiversity Enhancement Plan 16. There shall be no Commencement of Development until a Biodiversity Enhancement Plan (BEP) taking account of the Outline BEP (Technical Appendix 9.4 of the EIA Report), has been submitted to, and approved in writing by, the Planning Authority. The BEP shall set out proposed habitat management of the site during the period of construction, operation, and decommissioning, restoration and aftercare, and shall provide for the maintenance and enhancement of the habitats set out in the Outline BEP on site. The BEP shall provide provision and details for regular monitoring and review to be undertaken against the BEP objectives for the full lifetime of the windfarm, and reasonable measures for securing amendments or additions to the BEP in the event that the BEP objectives are not being met. The approved BEP (as amended from time to time with written approval of the Planning Authority) shall be implemented in full in line with the timescales set out in the approved plan. Reason - In the interests of good land management and the protection of habitats. Habitat Management and Monitoring Plan 17. There shall be no Commencement of Development until a Habitat Management Plan (HMP) taking account of the Outline/Draft Habitat Management Plan (Technical Appendix 9.8 of the EIA Report), has been submitted to, and approved in writing by the Planning Authority The HMP shall set out proposed habitat management of the site during the period of construction, operation, and decommissioning, restoration and aftercare, and shall provide for the maintenance, monitoring and reporting of habitat on site. The HMP shall provide provision and details for regular monitoring and review to be undertaken against the HMP objectives and reasonable measures for securing amendments or additions to the HMP in the event that the HMP objectives are not being met. Until otherwise approved in advance in writing by the Planning Authority, the approved HMP (as amended from time to time with written approval of the Planning Authority) shall be implemented in full in line with the timescales set out in the approved plan. Reason - In the interests of good land management and the protection of habitats. Compensatory Planting 18. No felling or development shall commence, including site and ground investigations until a woodland planting scheme to compensate for the removal of 63.3 hectares of existing woodland (“the Replanting Scheme”) has been
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submitted to and approved in writing by the Planning Authority. The Replanting Scheme shall provide: (a) details of the location of the area(s) to be planted, including a map and description of current land use; (b) the nature, design/layout, species composition, purpose and specification of the proposed woodland to be planted; (c) the phasing and associated timescales for implementing the Replanting Scheme; (d) proposals for reporting to the Planning Authority on compliance with timescales for obtaining the necessary consents and thereafter implementation of the Replanting Scheme; (e) proposals for the maintenance and establishment of the woodland to be planted, including annual checks, replacement planting, fencing, ground preparation and drainage; and (f) details evidencing compliance with The UK Forestry Standard and the Scottish Government’s Policy on Control of Woodland Removal (as The Replanting Scheme approved under part (1) of this condition shall be implemented in full, unless otherwise agreed in writing by the Scottish Ministers in consultation with the Planning Authority. Reason - To secure replanting to mitigate against effects of deforestation arising from the Development. Programme of Archaeological Works 19. 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 (WSI) which has been submitted by the developer and agreed in writing by the Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). 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. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress.
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Reason - To ensure the protection or recording of archaeological features on the site. Peat and Carbon Rich Soils Management Plan 20. There shall be no Commencement of Development until a detailed Peat and Carbon Rich Soils Management Plan (PMP) has been submitted to and approved in writing by the Planning Authority in consultation with SEPA. The PMP shall: (a) take account of site and ground investigations to minimise the loss of peat and other carbon rich soil and minimise carbon loss; (b) include actions, including micrositing, to minimise excavated peat and other carbon rich soils volumes; (c) encourage use of excavated peat and other carbon rich soils in an appropriate manner; and (d) follow good practice for handling, storing and reinstating peat and other carbon rich soils. The PMP shall thereafter be implemented as approved. Reason - To ensure that disruption to peat is minimised. Operational Noise (Turbines) 21. The rating level of noise imissions from the combined effects of the wind turbines forming part of the Development (including the application of any tonal penalty) when determined in accordance with the attached Guidance Notes for this condition, shall not exceed the values for the relevant integer wind speed set out in, or derived from, Table 1 at those properties identified or any dwelling which is lawfully existing or has planning permission at the date of this submission. Amplitude modulation should also be considered and Modifications to the AM penalty should be made taking into account “Wind Turbine Noise Amplitude Modulation Penalty Considerations” – Proceedings of the Institute of Acoustics Vol. 40. Pt. 1. 2018 and “Subjective responses to wind turbine noise amplitude modulation: pooled analysis of laboratory listening studies and synthesis of an AM character rating penalty”. Lotinga and Lewis. Proceedings of ninth international conference on wind turbine noise, 2021. NSR Name Standardised 10m wind speed (m/s) 4 5 6 7 8 9 10 11 12 1 Broadheadfold 27.3 30.9 34.2 34.2 34.2 34.2 34.2 34.2 34.2 2 Greenhill Cottage 28.1 31.7 35.0 35.0 35.0 35.0 35.0 35.0 35.0 3 Greenhill Farm 28.4 32.0 35.3 35.3 35.3 35.3 35.3 35.3 35.3 4 Littlerig 25.6 29.2 32.5 32.5 32.5 32.5 32.5 32.5 32.5 5 Earnieside Cottage 21.8 25.4 28.7 28.7 28.7 28.7 28.7 28.7 28.7
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NSR Name Standardised 10m wind speed (m/s) 4 5 6 7 8 9 10 11 12 6 Earnieside Farmhouse 21.8 25.4 28.7 28.7 28.7 28.7 28.7 28.7 28.7 7 Braughty Farm 23.1 26.7 30.0 30.0 30.0 30.0 30.0 30.0 30.0 8 Craighead Farm 24.1 27.7 31.0 31.0 31.0 31.0 31.0 31.0 31.0 9 Craighead Bungalow 23.9 27.5 30.8 30.8 30.8 30.8 30.8 30.8 30.8 10 Golland Farm (FI) 24.8 28.4 31.7 31.7 31.7 31.7 31.7 31.7 31.7 11 Ledlation House 27.2 30.8 34.1 34.1 34.1 34.1 34.1 34.1 34.1 12 Ledlation Farm 25.9 29.5 32.8 32.8 32.8 32.8 32.8 32.8 32.8 13 Stronachie Cottage 24.8 28.4 31.7 31.7 31.7 31.7 31.7 31.7 31.7 14 Stronachie Lodge 24.9 28.5 31.8 31.8 31.8 31.8 31.8 31.8 31.8 15 Kalevala 24.9 28.5 31.8 31.8 31.8 31.8 31.8 31.8 31.8 16 Stronachie House 24.8 28.4 31.7 31.7 31.7 31.7 31.7 31.7 31.7 17 Middlerigg 25.2 28.8 32.1 32.1 32.1 32.1 32.1 32.1 32.1 18 Knowehead 30.2 33.8 37.1 37.1 37.1 37.1 37.1 37.1 37.1 Table 1: Revised Proposed Development Predicted Noise Levels (Day and Night) The turbines shall be designed to permit individually controlled operation or shut down at specified wind speeds and directions in order to facilitate compliance with noise criteria. The Company shall continuously log power production, wind speed and wind direction at each wind turbine all (in accordance with Guidance Notes). These data shall be retained for a period of not less than 24 months. The data will include details of the mode in which each of the turbines will be operated during each ten minute period depending on the wind conditions in that ten minute period. The Company shall provide this information to the Planning Authority, in the format set out in the Guidance Notes, within 14 days of receipt in writing of a request to do so. Prior to the Date of First Commissioning, the developer shall have submitted to, and received written approval of the Planning Authority of, a list of proposed independent consultants who will undertake compliance measurements in accordance with this condition. Amendments to the list of approved consultants shall be made only with the prior written approval of the Planning Authority. Within 21 days from receipt of a written request from the Planning Authority, following a complaint to it from an occupant of a dwelling alleging noise disturbance at that dwelling, the developer shall employ a consultant approved by the Planning Authority in terms of part (4)
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above to assess the level of noise immissions from the wind farm at the complainant’s property (or a suitable alternative location agreed in writing by the Planning Authority). The written request from the Planning Authority shall set out at least the date, time and location to which the complaint relates and any identified atmospheric conditions, including wind direction, and include a statement as to whether, in the opinion of the Planning Authority, the noise giving rise to the complaint contains or is likely to contain a tonal component. The assessment of the rating level of noise immissions in terms of part (5) above shall be undertaken in accordance with the Guidance Notes and an assessment protocol that shall previously have been submitted to and approved in writing by the Planning Authority. The protocol shall include the proposed measurement location(s) where measurements for compliance checking purposes shall be undertaken, whether noise giving rise to the complaint contains or is likely to contain a tonal component, and also the range of meteorological and operational conditions (which shall include the range of wind speeds, wind directions, power generation and times of day) to determine the assessment of rating level of noise immissions. The proposed range of conditions shall be those which prevailed during times when the complainant alleges there was disturbance due to noise, having regard to the written request of the Planning Authority under paragraph (5) above. Where the property to which a complaint is related is not listed by name or location in Table 1 at part (1) of this condition, the Company shall submit to the Planning Authority, for its written approval, proposed noise limits selected from those listed in Table 1 to be adopted at the complainant’s property for compliance checking purposes, prior to compliance checking. The proposed noise limits are to be those limits selected from Table 1 specified for a listed location which the independent consultant considers as being likely to experience the most similar background noise environment to that experienced at the complainant’s property. The protocol shall include a justification of the choice of the representative background levels to determine compliance at the complainant’s property. The resultant noise limits selected shall include, where appropriate, any limit apportionment to account for consented levels from cumulative wind farm developments. The rating level of noise immissions resulting from the combined effects of the wind turbines when determined in accordance with the Guidance Notes and approved Noise Assessment Protocol shall not exceed the noise limits approved in writing by the Planning Authority for the complainant’s property.
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In the event that a complainant does not allow the Company access to undertake a compliance assessment, the assessment protocol shall set out details of the proposed alternative representative measurement position, prior to the commencement of measurements, and the measurements shall be undertaken at the approved alternative representative measurement location. The Company shall provide to the Planning Authority the independent consultant’s assessment of the rating level of noise immissions undertaken in accordance with the Guidance Notes and the approved Noise Assessment Protocol within two months of the date of the written request of the Planning Authority for compliance measurements to be made under part (5), unless the time limit is extended in writing by the Planning Authority. The assessment shall include all data collected for the purposes of undertaking the compliance measurements, such data to be provided in the format set out in the Guidance Notes. The instrumentation used to undertake the measurements shall be calibrated in accordance with the Guidance Notes and certificates of calibration shall be submitted to the Planning Authority with the independent consultant’s assessment of the rating level of noise immissions. Where a further assessment of the rating level of noise immissions from the wind farm is required pursuant to (in accordance with the Guidance Notes), the Company shall submit a copy of the further assessment within 21 days of submission of the independent consultant’s assessment pursuant to part (8) above unless the time limit has been extended in writing by the Planning Authority. Reason - to protect nearby residents from undue noise and disturbance and to ensure that noise limits are not exceeded and to enable prompt investigation of complaints. Guidance Notes for Operational Noise Condition These notes are to be read with and form part of the noise condition. They further explain the condition and specify the methods to be employed in the assessment of complaints about noise immissions from the wind farm. The rating level at each integer wind speed is the arithmetic sum of the wind farm noise level as determined from the best-fit curve described in Guidance Note 2 of these Guidance Notes and any tonal penalty applied in accordance with Guidance Note 3. Reference to ETSU- R-97 refers to the publication entitled “The Assessment and Rating of Noise from Wind Farms” (1997) published by the Energy Technology Support Unit (ETSU) for the Department of Trade and Industry (DTI). IOA GPG is “A Good Practice Guide to the Application of ETSU-R-97 for the Assessment and Rating of Wind Turbine Noise”
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(2013) and includes Supplementary Guidance Notes 1 to 5 of the IOA GPG. Guidance Note 1 (a) The LA90,10 minute noise statistic should be measured in accordance with the IOA GPG. Measurements shall be undertaken in such a manner to enable a tonal penalty to be applied in accordance with Guidance Note 3. (b) To enable compliance with the conditions to be evaluated, the Company shall continuously log arithmetic mean wind speed in metres per second and wind direction in degrees from north for each turbine and arithmetic mean power generated by each turbine, all in successive 10-minute periods. All 10 minute periods shall commence on the hour and in ten minute increments thereafter, synchronised with Universal Coordinated Time (UTC). The wind speeds at turbine hub height shall be 'standardised' to a reference height of ten metres as described in ETSU-R-97 at page 120 using a reference roughness length of 0.05 metres. Unless an alternative procedure is previously agreed in writing with the Planning Authority, It is these standardised ten metre height wind speed data which are correlated with the noise measurements determined as valid. (c) Data provided to the Planning Authority in accordance with the noise condition shall be provided in comma separated values in electronic format unless otherwise agreed in writing with the Planning Authority. (d) A data logging rain gauge shall be installed in the course of the assessment of the levels of noise immissions. The gauge shall record over successive 10-minute periods synchronised with the periods of data recorded in accordance with Note 1(b). Guidance Note 2 (a) The noise measurements shall be made so as to provide not less than 20 valid data points as defined in Guidance Note 2 (b) (b) Valid data points are those measured in the conditions specified in the agreed written protocol, but excluding any periods of rainfall measured in the vicinity of the sound level meter. Rainfall shall be assessed by use of a rain gauge that shall log the occurrence of rainfall in each 10 minute period concurrent with the measurement periods set out in Guidance Note 1. In specifying such conditions the Planning Authority shall have regard to those conditions which prevailed during times when the complainant alleges there was disturbance due to
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noise or which are considered likely to result in a breach of the limits. (c) For those data points considered valid in accordance with Guidance Note 2(b), values of the LA90,10 minute noise measurements and corresponding values of the 10- minute 10- metre height wind speed averaged across all operating wind turbines using the procedure specified in Guidance Note 1(d), shall be plotted on an XY chart with noise level on the Y-axis and the 10- metre height mean wind speed on the X-axis. A least squares, “best fit” curve of an order deemed appropriate by the independent consultant (but which may not be higher than a fourth order) should be fitted to the data points and define the wind farm noise level at each integer speed. Guidance Note 3 (a) Where, in accordance with the protocol, noise immissions at the location or locations where compliance measurements are being undertaken contain or are likely to contain a tonal component, a tonal penalty is to be calculated and applied using the following rating procedure. (b) For each 10 minute interval for which LA90,10 minute data have been determined as valid in accordance with Guidance Note 2 a tonal assessment shall be performed on noise immissions during 2 minutes of each 10 minute period. The 2 minute periods should be spaced at 10 minute intervals provided that uninterrupted uncorrupted data are available (“the standard procedure”). Where uncorrupted data are not available, the first available uninterrupted clean 2 minute period out of the affected overall 10 minute period shall be selected. Any such deviations from the standard procedure, as described in Section 2.1 on pages 104-109 of ETSU-R-97, shall be reported. (c) For each of the 2 minute samples the tone level above or below audibility shall be calculated by comparison with the audibility criterion given in Section 2.1 on pages 104-109 of ETSU-R-97. (d) The tone level above audibility shall be plotted against wind speed for each of the 2 minute samples. Samples for which the tones were below the audibility criterion or no tone was identified, a value of zero audibility shall be used. (e) The average tone level above audibility shall be calculated for each wind speed bin, each bin being 1 metre per second wide and centred on integer wind speeds. This process shall be repeated for
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each integer wind speed for which there is an assessment of overall levels in Note 2. (f) The tonal penalty is derived from the margin above audibility of the tone according to the figure below. Guidance Note 4 (a) If a tonal penalty is to be applied in accordance with Guidance Note 3 the rating level of the turbine noise at each wind speed is the arithmetic sum of the measured noise level as determined from the best fit curve described in Guidance Note 2 and the penalty for tonal noise as derived in accordance with Guidance Note 3 at each integer wind speed within the range specified by the Planning Authority in its written protocol. (b) If no tonal penalty is to be applied then the rating level of the turbine noise at each wind speed is equal to the measured noise level as determined from the best fit curve described in Guidance Note 2. (c) In the event that the rating level is above the limit(s) set out in the Table attached to the noise conditions or the noise limits for a complainant’s dwelling, the independent consultant shall undertake a further assessment of the rating level to correct for background noise so that the rating level relates to wind turbine noise immission only. (d) The Company shall ensure that all the wind turbines in the development are turned off for such period as the independent consultant requires to undertake the further assessment. The further assessment shall be undertaken in accordance with the following steps: (e) Repeating the steps in Guidance Note 2, with the wind farm switched off, and determining the background noise (L3) at each integer wind speed within the range requested by the Planning Authority in its written request and the approved protocol. (f) The wind farm noise (L1) at this speed shall then be calculated as follows where L2 is the measured
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level with turbines running but without the addition of any tonal penalty: (g) The rating level shall be re-calculated by adding arithmetically the tonal penalty (if any is applied in accordance with Note 3) to the derived wind farm noise L1 at that integer wind speed. (h) If the rating level after adjustment for background noise contribution and adjustment for tonal penalty (if required in accordance with note 3 above) at any integer wind speed lies at or below the values set out in the Table attached to the conditions or at or below the noise limits approved by the Planning Authority for a complainant’s dwelling in accordance with the noise condition then no further action is necessary. If the rating level at any integer wind speed exceeds the values set out in the Table attached to the conditions or the noise limits approved by the Planning Authority for a complainant’s dwelling in accordance with the noise condition then the Development fails to comply with the conditions. Noise (BESS and Substation) 22. All plant or equipment associated with the BESS and substation shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 20 between 2300 and 0700 hours daily, within any nearby residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. In the event, that justified complaints for noise are received by the Council, the applicant at their own expense, shall employ an independent and suitably qualified consultant to carry out a Noise Assessment from the development. The appointed consultant and methodology for the Noise Assessment shall be submitted to and approved in writing by the Planning Authority in consultation with Environmental Health within 28 days of being notified of the complaint. Within 28 days of approval of appointed consultant and methodology, a Noise Assessment shall be submitted outlining mitigation and recommended timescales for delivery. Thereafter, all mitigation measures shall be implemented within the timescales recommended. Reason - In the interests of protecting residential amenity. Shadow flicker 23. No development shall commence unless and until a Shadow Flicker Protocol has been submitted to, and approved in writing by, the Planning Authority. The
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Shadow Flicker Protocol shall set out a protocol for addressing any complaint received from a residential receptor within the study area defined in Chapter 14 of the EIA Report, and will set out mitigation and management options. Operation of the turbines shall take place in accordance with the approved Shadow Flicker Protocol and any mitigation measures that have been approved through the protocol shall be implemented. Reason - In the interests of residential amenity. Access Management Plan 24. There shall be no Commencement of Development until an Access Management Plan (AMP) has been submitted to and approved in writing by the Planning Authority. The AMP should ensure that, where appropriate and subject to health and safety requirements, public access is maintained across the Development site during construction, and thereafter that existing wider rights of public access are maintained during the operational phase of the wind farm. The approved plan shall be implemented in full. Reason - In the interests of securing public access rights Private Water Supplies 25. There shall be no Commencement of Development until a private water supplies method statement has been submitted to and approved in writing by the Planning Authority, detailing all contingent mitigation measures to be delivered to secure the quality, quantity and continuity of water supplies to any properties which are served by private water supplies at the date of this planning permission which may be affected by the Development.78 The method statement shall set out: (a) details of the methodology for water quality and quantity sampling for a period of 12 months prior to construction (including abstraction points); (b) details of the methodology and programme for undertaking water quality and quantity sampling during the construction period (including abstraction points); and (c) details of the methodology for water quality and quantity sampling for a period of 12 months post construction (including abstraction points); The approved method statement shall thereafter be implemented in full upon the Commencement of Development. Reason - To maintain a secure and adequate water supply to all properties with private water supplies that may be affected by the Development. Redundant Turbines 26. If one or more wind turbines fails to generate electricity on a commercial basis to the public network for a continuous period of 12 months, then the turbine or
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turbines shall be deemed to be surplus to requirement and the developer shall: (a) within one month of the expiration of the 12 month period, submit a scheme to the Planning Authority for written approval setting out how and when the relevant wind turbine(s) and associated infrastructure will either be repaired or removed from the site and the ground restored to a condition agreed with the Planning Authority; and (b) implement the approved scheme to the timescales set out in the scheme and agreed in part a) above. Reason - To ensure that any redundant wind turbine is removed from site, in the interests of safety, amenity and environmental protection. Interim Decommissioning, Restoration and Aftercare Strategy 27. There shall be no Commencement of Development until an Interim decommissioning, restoration and aftercare strategy has been submitted to, and approved in writing by, the Planning Authority. The interim decommissioning, restoration and aftercare strategy shall outline measures for the decommissioning of the Development and restoration and aftercare of the site, and shall provide proposals for the removal of the Development, the treatment of ground surfaces, the management and timing of the works and environmental management provisions in any instance that the site as a whole, or in part, ceases to operate prior to the approval of the Decommissioning, Restoration and Aftercare Plan required under the provisions of condition 27. Reason - To ensure the decommissioning and removal of the Development in an appropriate and environmentally acceptable manner and the restoration and aftercare of the site, in the interests of safety, amenity and environmental protection when a detailed decommissioning, restoration and aftercare Plan has not yet been approved. Site Decommissioning, Restoration and Aftercare 28. The Development shall cease to generate electricity to the grid network by no later than the date falling 35 years from the Date of Final Commissioning. No later than one year prior to the Date of Final Generation or the expiry of the planning permission (whichever is earlier) a decommissioning, restoration and aftercare plan shall be submitted for the written approval of the Planning Authority. The detailed decommissioning, restoration and aftercare plan shall provide updated and detailed proposals, in accordance with relevant guidance at that time, for the removal of the Development, the treatment of ground surfaces, the management and timing of the works and environment management provisions which shall provide:
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(a) a site waste management plan (dealing with all aspects of waste produced during the decommissioning, restoration and aftercare phases and, including details of measures to be taken to minimise waste associated with the Development and promote the recycling of materials and infrastructure components); (b) details of the formation of any temporary infrastructure required for decommissioning such as compounds, welfare facilities, any areas of hardstanding, material stockpiles, oil storage, lighting columns, and any boundary fencing; (c) a dust management plan; (d) details of measures to be taken to prevent loose or deleterious material being deposited on the local road network, including wheel cleaning and lorry sheeting facilities, and measures to clean the site entrances and the adjacent local road network; (e) a pollution prevention and control method statement, including arrangements for the storage and management of oil and fuel on the site; (f) details of measures for soil storage and management; (g) a surface water and groundwater management and treatment plan, including details of the separation of clean and dirty water drains, and location of settlement lagoons for silt laden water; (h) details of measures for sewage disposal and treatment; (i) temporary site illumination; and (j) a species protection plan if surveys (carried out no longer than eighteen months prior to submission of the plan) identify any protected species (including birds). The Development shall be decommissioned, the site restored and aftercare undertaken prior to the date falling three years after the Date of Final Generation and in accordance with the approved detailed decommissioning, restoration and aftercare plan. Reason - To ensure the decommissioning and removal of the Development in an appropriate and environmentally acceptable manner and the restoration and aftercare of the site, in the interests of safety, amenity and environmental protection. Financial Guarantee 29. There shall be no commencement of development until a bond or other form of financial guarantee (hereafter “financial guarantee”) in terms which secures the cost of performance of all decommissioning, restoration and aftercare obligations referred to in conditions 27 and 28 has been submitted to and approved in writing by the Planning Authority.
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The value of the financial guarantee shall be agreed between the developer and the Planning Authority or, failing agreement, determined (on application by either party) by a suitably qualified independent professional as being sufficient to meet the costs of all decommissioning, restoration and aftercare obligations referred to in conditions 27 and 28. The financial guarantee shall be maintained in favour of the Planning Authority until the completion of all decommissioning, restoration and aftercare obligations referred to in conditions 27 and 28. The value of the financial guarantee shall be reviewed by agreement between the developer and the Planning Authority or, failing agreement, determined (on application by either party) by a suitably qualified independent professional not less than every five years, and at the time of the approval of the detailed decommissioning, restoration and aftercare plan approved under condition 28. The value of the financial guarantee shall be increased or decreased to take account of any variation in costs of compliance with decommissioning, restoration and aftercare obligations referred to in conditions 27 and 28. Reason - To ensure that there are sufficient funds to secure performance of the decommissioning, restoration and aftercare conditions attached to this deemed planning permission in the event of default by the developer. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes Permission shall not to be issued until a Section 75 Agreement or a bond as required by condition 27-29 has been signed and registered to take account of this application. The legal agreement or bond should be concluded and completed within 4 months of the date of any decision. Failure to conclude a legal agreement within 4 months will result in the planning application being re-assessed through failing to comply with the development plan and may be ultimately recommended for refusal under delegated powers Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would
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constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. An application for Building Warrant may be required. 4. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013, as amended. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: - Displayed in a prominent place at or in the vicinity of the site of the development - Readily visible to the public - Printed on durable material. 5. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 6. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 7. The applicant is advised that the granting of planning permission does not guarantee right of access to the site. This should be agreed with the relevant landowner(s) prior to the commencement of the development. 8. This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the number and design of turbines. 9. Please remember that the granting of planning permission, listed building consent or other associated consent by the Planning Authority does not affect the responsibility of the developer to ensure all other necessary permissions, consents and approvals are in
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place prior to commencement of works. Developers should also ensure appropriate accommodations are made in respect of services and third party infrastructure and may wish to check proposals against the information held at https://www.linesearchbeforeudig.co.uk/. Amendment (Councillors D Cuthbert and I James) The cumulative impact of this 13 turbine proposal, when assessed together with the recent Craighead Windfarm, would have unacceptable visual and landscape impacts on the locality, including the Lomond Hills Local Landscape Area; the Ochil Hills Landscape Area; the Core path networks over a 5km radius and in the Ochils and would adversely affect Kinross-shire residents; and visitors to Loch Leven. The energy which the proposal will generate does not justify the development in the face of its adverse impacts. These adverse impacts are sufficient that the general support for Renewables contained in Policy 11 of NPF4 of the Development Plan is not a sufficient basis to recommend the Energy Consent Unit approves this proposal. For these reasons, this Council recommends that the Energy Consents Unit does not approve this proposal. In terms of Standing Order 21.5 a roll call vote was taken. 7 members voted for the Motion as follows: Councillors K Allan, K Harvey, D Illingworth, I MacPherson, I Massie, G Stewart and Bailie M Williamson. 4 members voted for the Amendment as follows: Councillors B Brawn, D Cuthbert, I James and Bailie C McLaren. Resolved: In accordance with the Motion. (2) Major Applications (i) 25/00510/FLM - Erection of 52 dwellinghouses, formation of roads and footpath, SUDS, landscaping and associated works, Land 120 metres west of 10 Cairns Park, New Alyth, PH11 8PA (Report No. 25/338) Resolved: Grant, subject to the following terms, conditions and informatives, including amendments circulated to members prior to the meeting:
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Conditions General 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. Phasing 2. No development shall commence until a detailed phasing strategy (supported by appropriate plans) shall be submitted to and approved in writing by the Council as Planning Authority. The phasing strategy shall include the following details: i. The timing and number of dwellings to be developed in each phase; ii. The timing and delivery of infrastructure, open space and landscaping; iii. The timing and location of any temporary construction compound. Once approved, the development shall proceed in accordance with the approved delivery phasing strategy. Reason - In order to ensure the satisfactory implementation and completion of the development. Drainage 3. Development shall not commence on site until a detailed sustainable urban drainage system (SUDS) has been submitted for the written agreement of the Council as Planning Authority, in consultation with SEPA where necessary. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council's Flood Risk and Flood Risk Assessments Developer Guidance, and shall incorporate source control. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason - To ensure the provision of effective drainage for the site. 4. Concurrent with the initiation of the development hereby approved and for the duration of construction, a temporary surface water treatment facility which accords with Sustainable Urban Drainage System principles shall be implemented for the site and maintained for the duration of the approved development works. The temporary surface water treatment facility shall remain in place until the permanent surface water drainage scheme is implemented. Reason - To ensure the appropriate management of construction surface water run-off to minimise flooding and avoid discharge of sediment/pollution to the local
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water environment or neighbouring property, in the interests of residential and environmental amenity. Residential Amenity 5. Acoustics barriers as described in Section 5.1.1 and shown in Drawing Nos 781260-GIS004 and 781260- GIS005, in the Noise Impact Assessment undertaken by EnviroCentre Ltd, reference: 14916, dated 27 January 2025 (document 38 hereby approved), shall be installed prior to the occupation of each relevant residential unit to ensure a satisfactory level of residential amenity can be achieved. Reason - In order to safeguard the residential amenity of the area. 6. Glazing and Trickle ventilators as described in Sections 5.1.2 and Tables 5-2 and 5-3 of the Noise Impact Assessment undertaken by EnviroCentre Ltd, reference: 14916, dated 27 January 2025 (document 38 hereby approved) shall be installed prior to the occupation of each relevant residential unit to ensure a satisfactory level of residential amenity can be achieved. Reason - In order to safeguard the residential amenity of the area. 7. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at any time on Sundays or bank holidays (as identified by Scottish Government). Reason - In order to safeguard the residential amenity of the area. Roads and Access 8. Prior to the occupation of any residential plot, all matters regarding access, car parking, road layout, design and specification, including the disposal of surface water, shall be in accordance with the standards required by the Council as Planning Authority in consultation with the Roads Authority. Reason - In the interests of vehicle and pedestrian safety and in accordance with the policies of the adopted development plan. 9. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: a. restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; b. timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events;
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c. a code of conduct for HGV drivers to allow for queuing traffic to pass; d. arrangements for liaison with the Roads Authority regarding winter maintenance; e. emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; f. arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; g. arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; h. arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; i. details of information signs to inform other road users of construction traffic; j. arrangements to ensure that access for emergency service vehicles are not impeded; k. co-ordination with other significant developments known to use roads affected by construction traffic; l. traffic arrangements in the immediate vicinity of temporary construction compounds; m. monitoring, reporting and implementation arrangements; n. arrangements for dealing with non-compliance; and o. details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management. 10. Prior to occupation of the first dwellinghouse hereby approved, the local westbound bus stop in New Alyth is to be upgraded to provide the installation of a real time passenger information screen and an electrical supply for lighting. The specification of the real time passenger information screen shall be submitted to and agreed in writing by the Council as Planning Authority prior to installation. Reason - In the interest of supporting public transport access. 11. No part of the development shall be occupied until a Residential Travel Plan, aimed to encourage more sustainable means of travel, has been submitted and approved in writing by the Council. The RTP will have particular regard to provision for walking, cycling and public transport access to and within the site. Reason - To promote sustainable transport options and to meet advice within National Planning Framework on transport.
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12. Prior to the commencement of the development hereby approved, full visibility splays of 160 metres along the channel line shall be provided and maintained to the west of the A926 junction, at a set-back of 2.4 metres to the standard and specification required by the Council as Planning Authority in consultation with the Roads Authority. The visibility splays shall be physically formed on the ground and any existing fences, walls, hedges or other means of enclosure or obstructions within the splays shall be removed and relocated outwith the splays. Once formed, the visibility splays shall be permanently retained thereafter, and no visual obstruction of any kind shall be permitted within the visibility splays so formed. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 13. Prior to the occupation of any residential plot, details of the specification including materials of all footpaths shall be submitted to the Planning Authority for further approval. The agreed detail shall thereafter be implemented prior to the completion of the development. Reason - In the interests of pedestrian and cycle safety. 14. Prior to the occupation of either plot 23, 48, 49, 50, 51 or 52, whichever is the earlier, the proposed footpath connection to the east of Plot 23, linking to Bamff View and shown on document 47 hereby approved, shall be fully implemented in accordance with the specification approved under Condition 26. Reason - In the interest of sustainable transport. 15. Where a footway is proposed in front of any dwellinghouse, that dwellinghouse shall not be occupied until such time that the relevant footway has been constructed to a suitable standard to facilitate access for all abilities. Reason - In the interest of road safety; in the interest of inclusive mobility. Biodiversity 16. The conclusions and recommended action points within the supporting Preliminary Ecological Appraisal and Biodiversity Enhancement Strategy submitted and hereby approved (document numbers 72 and 73 relate) shall be fully adhered to, respected and undertaken as part of the construction phase of development. Reason - In the interests of protecting environmental quality and of biodiversity. 17. An updated ecological survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the survey approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council.
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Reason - In the interests of protecting environmental quality and of biodiversity. 18. Prior to the completion or occupation of the development hereby approved, all biodiversity enhancement measures listed within the submitted and hereby approved Biodiversity Enhancement Strategy (drawing number 73) and Site Landscape Layout (drawing numbers 50-53 inclusive) shall be provided. 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. Reason - In the interests of protecting environmental quality and of biodiversity 19. The swift and bat boxes as shown on plan 25/00510/50, 25/00510/51, 25/00510/52 and 25/00510/53 hereby approved shall be implemented prior to the occupation of each relevant residential unit. Thereafter, they should be maintained in a reasonable condition for the life of the development. Reason - In the interests of protecting environmental quality and of biodiversity. 20. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day Reason - In order to prevent animals from being trapped within any open excavations. Trees and Landscape 21. Prior to the commencement of any works on site, all trees on site (other than those marked for felling on the approved plans) and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the duration of construction. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 22. All trees on site, other than those marked for felling on the approved plans, shall be retained. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority.
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23. Prior to the occupation of the development or any phase of the development, whichever is the sooner, a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas (other than small privately-owned domestic gardens) shall be submitted to and agreed in writing by the Council as Planning Authority, for its approved use. The landscape management plan as agreed shall, where appropriate, include phased implementation concurrent with the development and shall be fully implemented. Reason - To ensure satisfactory management of the scheme. 24. Prior to the commencement of the development hereby approved, an updated detailed landscaping and planting scheme for the site shall be submitted for the written agreement of the Council as Planning Authority. The scheme shall include enhanced boundary treatment along the southern boundary, particularly adjacent to the SUDS area and shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and installation methods and, species, height, size and density of trees and shrubs to be planted. The scheme as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained to the satisfaction of the Council as Planning Authority. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 25. All landscaped areas outwith the curtilages of the dwellings and shown on the approved drawings shall be permanently retained as such and shall at no time be used as private garden ground nor incorporated within the curtilage of any of the dwellings hereby approved without the express grant of planning permission by the Planning Authority. Reason - In the interests of the character and appearance of the development. Footpath Connection 26. Prior to the commencement of works on the proposed footpath connection to the east of Plot 23, linking to Bamff View (adjacent to tree T4411), detailed construction specifications shall be submitted to and approved in writing by the Planning Authority. The specification shall:
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• Incorporate a low-invasive surfacing solution within the root protection area, as identified in the Arbor Raft Plan, using a cellular confinement system or equivalent method to safeguard tree roots. • Demonstrate compliance with the recommendations of the approved tree report and BS 5837:2012 (Trees in Relation to Design, Demolition and Construction). • Include proposals for the future maintenance and adoption of the footpath, with confirmation of agreement from the relevant authority or body. • A detailed design for a 3-metre wide shared active travel route The approved specification shall be implemented in full prior to the completion of the footpath and subsequent occupation of either plot 23, 48, 49, 50, 51 or 52, whichever is the earlier, as required by condition 14 and maintained thereafter in accordance with the agreed arrangements. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. Archaeology 27. 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 (WSI) which has been submitted by the developer and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). 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. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress. Reason - To ensure archaeological monitoring is carried out to safeguard and record any archaeological remains within the development area.
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Environmental Impact 28. Prior to the commencement of development hereby approved, a scheme shall be submitted to, and approved in writing by, the Council as Planning Authority that demonstrates how at least 10% of the current carbon emissions reduction set by the Scottish Buildings Standards will be met through the installation and operation of low and zero-carbon technologies. This scheme shall detail for each building: a) the technology types; b) illustrate, through technical calculations, that these will meet at least the 10% reduction; c) their siting and location; and d) ongoing operation and maintenance. Once approved, the development shall be completed in accordance with the approved scheme and no individual unit shall be occupied until the scheme has been installed and operating. Reason - To embed low and zero-carbon technologies within the development in the interest of environmental sustainability. 29. The measures outlined in the agreed CEMP (document 36 hereby approved) shall be adhered to at all times during the construction period. The CEMP will remain a live document, any working practices deemed to be having an adverse impact on ecology or the environment will be the subject of revision. All revisions must be submitted to the Planning Authority as soon as reasonably practicable. Thereafter the development shall be fully undertaken in accordance with the agreed CEMP. Reason - In the interests of protecting environmental quality and of biodiversity. Access for Maintenance 30. During the construction period, the Council shall be provided with full access to the adjacent Cairns Park Play Area to undertake any maintenance as required. Reason - To ensure that access to Cairns Park is not compromised during the construction period. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes Permission shall not to be issued until the Section 75 Agreement has been signed and registered to take account of this application. The legal agreement should be concluded and completed within 4 months of the date of any Committee approval. Failure to conclude a legal agreement within 4 months will result in the planning application being re-assessed through failing to comply with the associated developer contributions
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policy and may be ultimately recommended for refusal under delegated powers Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: • Displayed in a prominent place at or in the vicinity of the site of the development • Readily visible to the public • Printed on durable material. 4. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 5. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests 6. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow for the collection of waste. 7. Application for a new postal address should be made via the Street Naming and Numbering page on the Perth & Kinross Council website at www.pkc.gov.uk/snn. Please note there is a charge for this service and submission cannot be made until the relevant Building Warrant has been approved.
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8. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority Road Construction Consent (RCC) to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 9. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act 1984 they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 10. No work shall be commenced until an application for building warrant has been submitted and approved. 11. The applicant is advised that the granting of planning permission does not guarantee a connection to Scottish Water's assets. The applicant must make a separate application to Scottish Water Planning & Development Services team for permission to connect to the public wastewater system and/or water network and all their requirements must be fully adhered to. 12. This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the overall design and layout. 13. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 14. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires.
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We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 15. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are sever for non-compliance. 16. The applicant is advised that technical approval will be required for all street lighting apparatus within adoptable areas and should contact the Street Lighting Partnership to obtain technical approval prior to the submission of a Road Construction Consent application. 17. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 18. The planning permission decision notice shall not be issued until such time as the required Developer Contributions have been secured or paid in full. 19. In the event the applicant does not either make the required payment within 28 days from the date the agent/applicant is advised of the need for the contributions, or complete a legal agreement for delayed payment within a 4 month period from the date the agent/applicant is advised of the need for the contributions the application may be refused under delegated powers without any further discussion with the applicant. (10.25am - The committee took a 10 minute recess) (3) Local Application (i) 25/00793/FLL - Change of use from office to children's play/activity centre with ancillary event, retail and catering uses and erection of fence, Whitehall Chambers, 7 Bank Street, Blairgowrie (Report No. 25/339) Ms C Power, on behalf of the applicant, addressed the committee, and answered members questions. Resolved: Grant, subject to the following terms, conditions and informatives:
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Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The hours of operation of the garden area shall be restricted to between 0830 to 1730 hours Monday to Friday only. For the avoidance of doubt, the garden area will be closed to customers Saturday and Sunday. Reason - In order to safeguard the residential amenity of the area. 3. All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 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. Reason - In order to safeguard the neighbouring residential amenity in the area. 4. The sound insulation and sound transmission properties of the structure and finishes shall be such that any airborne noise from the operations within the premises does not constitute a statutory noise nuisance as determined by the Local Planning Authority. Reason - In order to safeguard the neighbouring residential amenity in the area. 5. No music, amplified or otherwise, or amplified speech shall be permitted in the garden area at any time. Reason - In order to safeguard the neighbouring residential amenity in the area. 6. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In order to safeguard the neighbouring residential amenity in the area. 7. Noise from operations on site shall not exceed 55dBLAeg,16hr or LA90,1hr plus 5dB, whichever is greater when measured at any residential property. Reason - In order to safeguard the neighbouring residential amenity in the area. 8. The Noise Management Plan (Document 08) is hereby approved. It includes measures that will be implemented to adequately control and minimise noise from the premises and includes a complaint investigation procedure. The Plan shall be reviewed on a regular basis.
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It shall also be subject to review following receipt of a justified complaint or at the request of the Council as Planning Authority. The approved Noise Management Plan and any subsequent revisions approved in writing by the Council as Planning Authority shall be fully implemented for the lifetime of the development. Reason - In order to safeguard the neighbouring residential amenity in the area. 9. In the event of a justified noise complaint being received by the Council the operator shall, at its own expense, employ a consultant approved by the Planning Authority to carry out a noise assessment to verify compliance with conditions 3, 4 and 7 above. The assessment will be carried out to an appropriate methodology agreed in writing with the Planning Authority. If the noise assessment shows that the noise levels do not comply with conditions 3, 4 and 7, a scheme of noise mitigation shall be included with the noise assessment, specifying timescales for the implementation of the scheme and shall be submitted to the Planning Authority with 28 days of the assessment. The mitigation scheme shall thereafter be implemented in accordance with the approved scheme and timescales. Reason - In order to safeguard the neighbouring residential amenity in the area. 10. The cycle parking, as approved, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority prior to the development being brought into use. Reason - To encourage active travel and meet advice within National Planning Framework 4 on transport. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the
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Planning Authority written notice of that position. Please use the form attached herewith. 3. This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the location of a right of access highlighted by a blue line on the location plan. 4. The applicant can seek guidance on the detailed design and positioning of the cycle storage from Transport Scotland's Cycling by Design 2021 or similar design guide. (ii) 25/00884/FLL - Erection of replacement dwellinghouse and associated works, Cedar Cottage, Fearnan, Aberfeldy, PH15 2PF (Report No. 25/340) Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The conclusions and recommended action points within the supporting ecology survey by Direct Ecology dated 27th October 2025 submitted and hereby approved (document 27 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. Reason - In the interests of protecting environmental quality and of biodiversity. 3. The temporary construction access track to the north of the site from the C449 and all contractors' temporary site compounds shall be removed and the land reinstated to its former profile and condition no later than 3 months following the final commissioning of the development or by the end of the first available seeding/planting season after the final commissioning of the development, whichever is the later. Reason - In order that the Planning Authority may retain control over the future use of the land which is located within an area of zoned open space 4. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in
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consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) shall include the following: 1) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; 2) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; 3) arrangements to ensure that access for emergency service vehicles are not impeded; 4) measures to minimise the level of dust, dirt and debris on the local roads; 5) details of the size/type of HGV's dropping materials off at the site to ensure a suitably sized offloading area, shall be provided by the applicant to prevent blocking of the public road network; and 6) details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management 5. All tree work shall be undertaken by a qualified arborist in accordance with BS3998:2010 Recommendations for Tree Work, and best practice as outlined in the Arboriculture and Forestry Advisory Group (AFAG) guidance. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 6. No removal of hedgerows, trees or shrubs or works to, or demolition of, buildings or structures that may be used by breeding birds shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared or building affected, and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 7. Prior to the commencement of the development hereby approved, a Tree Protection Plan showing how tree 067 and its root protection area shall be protected with fencing shall be submitted for the written agreement of the Council as Planning Authority. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the duration of construction.
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Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 8. Prior to the commencement of the development hereby approved, details of the construction type and materials for the temporary access, soil removal and laying of stone shall be submitted for the written agreement of the Council as Planning Authority. The details as agreed shall be implemented as part of the development. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the planning authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. Please use the form attached herewith. 3. No work shall be commenced until an application for building warrant has been submitted and approved. 4. The findings and recommendations contained with the Bat Survey remain valid for a period of 24 months. If the approved planning permission is not implemented within 24 months of the date of the survey it is strongly recommended that an updated Bat Survey is undertaken prior to any works commencing. Failure to do so could potentially leave you open to prosecution should any bats be harmed as a result of the works. Please note that bats are protected by law, and it is a criminal offence to deliberately harm, capture, kill or disturb a bat or its resting place. 5. 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
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investigation and possible action by Environmental Health under the Environmental Protection Act 1990. (iii) 24/00800/FLL - Erection of a dwellinghouse, land 50 Metres Southwest of Tigh Na Ba, Bridge of Cally (Report No. 25/341) Mr H MacFadyen, applicant, was present and answered members questions. Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document(s) 25 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. Reason - In the interests of protecting environmental quality and of biodiversity. 3. Prior to work commencing on site, a pre-works survey for red squirrels must be undertaken by a suitably trained and experienced ecologist to ascertain the presence of dreys. The results shall be used to inform a Species Protection Plan to be submitted and approved in writing by the Council as Planning Authority. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 4. An updated ecology survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the ecology survey approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981).
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5. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, 4 hibernacula, 6 house martin cups, 4 swift nest boxes, 4 built in bat bricks and 2 external bat boxes shall be provided within the red line boundary in accordance with recommendations within the supporting biodiversity survey submitted and hereby approved. 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. Reason - In the interests of protecting environmental quality and of biodiversity. 6. The asserted right of way/core path shown on approved drawing MTBL/162 must not be obstructed during building works or on completion of the development. Any damage done to the route and/or the associated signage during building works must be made good before the development is completed or brought into use, whichever is the earlier. Reason - To ensure continued public access to the public paths and in the interests of public safety within the site. 7. Before the approved development is completed or put into use, the vehicular access onto the public road network shall be constructed in accordance with Perth & Kinross Council's Road Development Guide Type B Figure 5.6 access detail of Type B Road construction detail. This construction detail must extend into the entrance for a minimum of 3 meters from the boundary of the public road surface. Reason - To ensure road safety and an acceptable standard of construction within the public road boundary. 8. The detailed landscaping and planting scheme which is hereby approved shall be completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. The approved scheme shall thereafter be maintained to the satisfaction of the Council as Planning Authority, with any planting which fails to become established within five years being replaced in the following planting season with others of a size and species as previously approved. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 9. Development shall not commence on site until a detailed sustainable urban drainage system (SUDS) has been submitted for the written agreement of the Council as Planning Authority, in consultation with SEPA where necessary. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council's Flood Risk and Flood Risk Assessments Developer Guidance, and shall
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incorporate source control. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason - To ensure the provision of effective drainage for the site. 10. Storm water drainage from all paved surfaces, including the access, shall be disposed of by means of suitable Sustainable Urban Drainage Systems to meet the requirements of best management practices. Reason - To ensure the provision of effective drainage for the site. 11. The garage hereby approved shall be used solely for purposes incidental to the domestic enjoyment of the dwellinghouse. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 12. Prior to the commencement of development a statement shall be submitted for approval in writing by the Council as Planning Authority to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. The statement as agreed shall be fully implemented to the satisfaction of the Council as Planning Authority. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 13. Prior to the commencement of the development hereby approved, details of the location and measures proposed for the safeguarding and continued operation, or replacement, of any septic tanks and soakaways, private water sources, private water supply storage facilities and/or private water supply pipes serving properties in the vicinity, sited within and running through the application site, shall be submitted to and approved in writing by the Council as Planning Authority. The subsequently agreed protective or replacement measures shall be put in place prior to the development being brought into use and shall thereafter be so maintained insofar as it relates to the development hereby approved. Reason - To ensure the new development has an adequate and consistently wholesome supply of water and to maintain water quality and supply in the interests of residential amenity and ensure the private water supply or septic drainage systems of neighbours of the development remain accessible for future maintenance.
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Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. 4. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 5. Existing buildings or structures may contain nesting birds between 1st March and 31st August inclusive. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 6. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is
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an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 7. The applicant shall ensure the private water supply for the dwellinghouse/ development complies with the Water Scotland Act 1980 (Section 63), The Private Water Supplies (Scotland) Regulations 2006 and The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. Detailed information regarding the private water supply, including the nature, location and adequacy of the source, any storage tanks/ pipework and the filtration and disinfection treatment proposed to ensure provision of an adequate and consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above Act and Regulations. 8. The granting of planning permission does not stop the continued right of public access along the existing core path MTBL/162. An order under the Town and Country Planning (Scotland) Act 1997, Section 208 or an amendment of the Core Path Plan under the Land Reform (Scotland) Act 2003 should be sought in advance of any works authorised by this planning permission being commenced. All relevant approvals should be in place prior to any stopping up and diversion of the core path taking place. 9. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 10. 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. 11. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 12. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further
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information can be found at: https://www.pkc.gov.uk/binrequests 13. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 14. The applicant should take note of the information and advice contained within the consultation response from SEPA. 15. This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the dwellinghouse to include dormer windows. (iv) 25/01420/FLL - Change of use of dwellinghouse to dwellinghouse/short term let accommodation unit, Schiehallion House, Strathtummel, Aberfeldy, PH16 5NT (Report No. 25/342) Ms L McLaughlan (via telephone), on behalf of Killiecrankie, Fincastle & Tummel Community Council, objectors, followed by Mr A Mitchell (via telephone), agent, and Mr P MacDonald, owner, addressed the committee and answered members questions. Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The property subject to this planning permission shall be used either as a residential dwelling or as a short term let accommodation unit and no other use, and there shall be no restriction on the interchangeability between these two approved planning uses. Reason - In order to clarify the terms of the permission; to control and restrict the use of the building. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan.
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Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. Part of the approved development includes holiday accommodation or Short-term Let accommodation (STL). The developer is advised that holiday accommodation and STLs require to be licensed under the terms of Article 3 of The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 and Amendment Order 2024 and therefore a licence application should be made to Perth and Kinross Council prior to operation commencing. Further information and application forms are available at https://www.pkc.gov.uk/shorttermlets. 4. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow for the collection of waste. (v) 25/00928/IPL - Residential development (in principle), land 30 Metres North of Steadingfield, 4 Caroline Place, Wolfhill, Perth, PH2 6TJ (Report No. 25/343) Dr M Taylor, objector, followed by Mr G Dimeck, agent, addressed the committee and answered members questions. Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 1. This planning permission in principle will last only for five years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in Principle in terms of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019.
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2. The development shall not commence until the following specified matters have been the subject of a formal planning application for the approval of the Council as Planning Authority: the siting, design and external appearance of the development, the hard and soft landscaping of the site, all means of enclosure, means of access to the site, vehicle parking and turning facilities, levels, drainage and waste management provision. Reason - This is a Planning Permission in Principle in terms of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 3. Further to condition 2 above, measures for each residential unit to maximise environmental sustainability through design, orientation and planting or any other means shall be submitted for the written agreement of the Council as Planning Authority. These measures shall include a scheme that demonstrates how current carbon emissions reduction set by the Scottish Buildings Standards will be met through the installation and operation of low and zero-carbon technologies, specifying what these technology types are, their location and ongoing operation and maintenance. All works shall be carried out in accordance with the agreed scheme and be operational prior to the occupation of each residential unit. Reason - In order to clarify the terms of the permission which is granted in principle only. 4. 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. 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.
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Reason - In order to deal with any potential contamination of the site as a result of its former use. 5. A preliminary ecological appraisal shall be submitted for written approval by the Council as Planning Authority with further detailed applications. This shall outline biodiversity protection and enhancement measures. The conclusions and recommendations set out in the report shall be fully adhered to, respected and undertaken to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 6. Notwithstanding the details shown on the drawings hereby approved, no permission is granted for the submitted layout or the number of plots. Reason - In order to clarify the terms of the permission which is granted in principle only. 7. The dwellinghouses shall be of single storey proportions and appearance with any upper level accommodation being wholly contained within the roof space. Reason - In the interests of visual and residential amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 8. All existing trees on the site shall be retained and their retention or proposed lopping, topping or felling shall be shown in the submission of the matters specified in Condition 2 above. Reason - This is a Planning Permission in Principle under Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended by Section 21 of the Planning etc. (Scotland) Act 2006. 9. No trees on the site shall be felled without the prior written agreement of the Council as Planning Authority. Any detailed application shall be accompanied by a detailed tree survey carried out by a qualified and independent arborist indicating the type, age, condition, location and accurate canopy spread of all the trees and hedge on and affected by the site and including a tree and hedge management report with details of the tree and hedge protection measures to be employed during construction in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Reason - This is a Planning Permission in Principle under Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended by Section 21 of the Planning etc. (Scotland) Act 2006. 10. Further to condition 2 above, a detailed landscaping and planting scheme for the site shall be submitted to and approved in writing by the Council as Planning Authority. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and
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installation methods and, species, height, size and density of trees and shrubs to be planted. The scheme as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained to the satisfaction of the Council as Planning Authority. Reason - This is a Planning Permission in Principle under Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended by Section 21 of the Planning etc. (Scotland) Act 2006. 11. Further to condition 2 above, the development shall not commence until the following specified matters have been the subject of a formal planning application for the approval of the Council as Planning Authority: All matters regarding access, junction visibility, vehicle parking and turning facilities, public transport facilities, walking and cycling facilities ,and the road layout, design and specification (including the disposal of surface water), and waste management provision shall be in accordance with the standards required by the Council as Roads Authority (as detailed in the National Roads Development Guide) and to the satisfaction of the Planning Authority. Reason - This is a Planning Permission in Principle in terms of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 12. As part of the first application for the Approval of Matters Specified by Condition (AMSC) or detailed application, a detailed design showing the full visibility splays along the channel line shall be provided to the left and right of the access, at a set-back of 2.4 metres measured 1.05 metres above the road level to the standard and specification required by the Council as Roads Authority to the satisfaction of the Planning Authority. The visibility splays shall be physically formed on the ground and any existing fences, walls, hedges or other means of enclosure or obstructions within the splays greater than 1.05 metres in height shall be removed and relocated outwith the splays. Once formed, the visibility splays shall be permanently retained thereafter, and no visual obstruction above 1.05 metres of any kind shall be permitted within the visibility splays so formed. The visibility splays, as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority and undertaken prior to the commencement of construction associated with the AMSC or detailed application.
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Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 13. As part of the first application for the Approval of Matters Specified by Condition (AMSC) or detailed application, a detailed design showing the footway along the frontage of the site connecting with the junction of Caroline Place/ Old Church Road to provide a connection to the bus stop for local bus and school transport. The detailed design shall include the works at the bus stop at Old Church Road (NaPTAN Code: 73742686), which shall be upgraded to a three bay enclosed bus shelter by the developer to provide and install on appropriate hard stand asphalt areas a bus shelter with a 3 bay enclosed bus shelter supplied (Cairngorm style) and installed with passenger information board, community information board, LED spotlights (one per bay), a 28in Ultra-Wide Display Screen for Real Time Passenger Information installed on the approach side of the shelter and a 24/7 electrical power supply to a Haldo pillar adjacent to the shelter to provide power for the LED lighting and Real Time Passenger Information display. The bus shelter and footway as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority and undertaken prior to the occupation of the first dwellinghouse associated with the AMSC or detailed application. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 14. Core path (BURR/160) must not be obstructed during building works or on completion of the development. Any damage done to the route and/or the associated signage during building works must be made good before the development is completed or brought into use, whichever is the earlier. Reason - To ensure continued public access to the public paths and in the interests of public safety within the site. 15. Further to condition 2 above, a detailed sustainable urban drainage system (SUDS) shall be submitted for the written agreement of the Council as Planning Authority, in consultation with SEPA where necessary. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council's Flood Risk and Flood Risk Assessments Developer Guidance, and shall incorporate source control. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason - To ensure the provision of effective drainage for the site.
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16. Surface water runoff from all impermeable surfaces such as roofs and hardstandings shall be disposed of by means of a suitable Sustainable Urban Drainage System (SUDS) to meet the requirements of best management practices. Reason - To ensure the provision of effective drainage for the site. 17. The development shall be in accordance with the requirements of Perth & Kinross Council's Developer Contributions and Affordable Housing Supplementary Guidance 2023 in line with Policy 20: Affordable Housing of the Perth & Kinross Local Development Plan 2 (2019), or such subsequent Guidance and Policy which may replace these. Reason - To ensure the development is in accordance with the terms of the Perth and Kinross Local Development Plan 2 (2019) and to comply with the Council's policy on Developer Contributions and Affordable Housing Supplementary Guidance 2023. 18. The development shall be in accordance with the requirements of Perth & Kinross Council's Developer Contributions and Affordable Housing Supplementary Guidance 2023 in line with Policy 5: Infrastructure Contributions of the Perth & Kinross Local Development Plan 2 (2019) with particular regard to primary education infrastructure, or such subsequent Guidance and Policy which may replace these. Reason - To ensure the development is in accordance with the terms of the Perth and Kinross Local Development Plan 2 (2019) and to comply with the Council's policy on Developer Contributions and Affordable Housing Supplementary Guidance 2023. 19. The development shall be in accordance with the requirements of Perth & Kinross Council's Developer Contributions and Affordable Housing Supplementary Guidance 2023 in line with Policy 5: Infrastructure Contributions of the Perth & Kinross Local Development Plan 2 (2019) with particular regard to transport infrastructure, or such subsequent Guidance and Policy which may replace these. Reason - To ensure the development is in accordance with the terms of the Perth and Kinross Local Development Plan 2 (2019) and to comply with the Council's policy on Developer Contributions and Affordable Housing Supplementary Guidance 2023. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan.
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Informatives 1. Applicants are advised that should their application for Approval of Matters specified be refused and/or their appeal against such refusal dismissed outwith the three year time limit they are entitled to submit a revised application for Approval of Matters specified within six months after the date of refusal of the earlier application or of the dismissal of an appeal against such refusal. 2. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 3. The applicant should be advised that in terms of Section 21 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council as Roads Authority consent to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 4. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 5. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 6. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests 7. The applicant is advised that the granting of planning permission does not guarantee a connection to Scottish Water's assets. The applicant must make a separate application to Scottish Water Planning & Development Services team for permission to connect to the public wastewater system and/or water network and all their requirements must be fully adhered to. 8. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow for the collection of waste. 9. This application was varied prior to determination, in accordance with the terms of Section 32A of the Town
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and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to include tree and contaminated land information. 6. Proposal of Application Notices (PoAN) (i) 25/00015/PAN - Mixed use development comprising erection of a hotel, restaurants/drive thru restaurant, petrol filling station, EV charging hub, formation of park and ride with ancillary retailing, HGV parking, formation of access road, landscaping and associated engineering works, land 680 Metres North of Bertha Park Farm, Perth, PH1 3EQ (Report No. 25/344) Bailie C McLaren wished to draw officers’ attention to the importance of park and ride in how we see people moving around and connecting with other transport networks and the importance of doing as much as possible to deliver on provision for HGV parking in the area. The contents of the Report by the Development Management and Building Standards Service Manager, were noted.