25/00609/Flm
Perth and Kinross Council · 7 January 2026
Back to Planning and Placemaking Committee — 7 January 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Perth and Kinross Council Planning and Placemaking Committee - 7 January 2026 Report of Handling by Development Management and Building Standards Service Manager (Report No. 26/2) Proposal: Erection of 83 affordable dwellinghouses and 20 affordable flats, associated infrastructure and landscaping Location: Land 90 Metres East of Westfields of Rattray, Balmoral Road, Rattray, Blairgowrie, PH10 7HY Ref. No: 25/00609/FLM Ward No: P3- Blairgowrie and Glens Summary This report recommends approval of the application, subject to conditions (which include for a S75 legal agreement or other suitable mechanism to control developer contributions), as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. Background and Description of Proposal 1 The proposal is to provide 103 affordable homes (83 dwellinghouses and 20 flays), ranging from 1 bedroom to 4 bedrooms, with the inclusion of wheelchair adapted homes. The application site is a former piggery and is now zoned for housing, as per allocation H341, in LDP2. The site area is just under 3.8 hectares and is located on the periphery of Rattray, a rural village less than a mile from Blairgowrie. The site slopes north to south where it is bounded by Balmoral Road. Land to the east is mainly grass with mature trees bounding the adjoining play area to the east. There is a further stand of mature trees to the site’s western boundary. There is a large hill, located in the centre of the development, which the applicant proposes to retain, along with the existing woodland. Furthermore, an existing post and wire fence bounds the whole application site. 2 Access will be taken from Hatton Road, where the proposed SUDS pond is located. The road follows the existing contours of the land to rise northwards to wrap round the existing woodland, towards the west, where a turning head is proposed to allow vehicles to turn.
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3 The site allocation for H341, known as Westfields of Rattray, has an indicative capacity of up to 104 units. Site History 4 25/00001/PAN Was submitted on 14 February 2025 for a proposed residential development at allocated site: H341. Environmental Impact Assessment 5 The proposal is not EIA development, as it is not listed within Schedule 1 of the EIA Regulations or triggered by another requirement. As such, an EIA Report has not been submitted. An assessment of the likely environmental significant effects that required assessment is provided in the appraisal section below. Pre-Application Consultation 6 Pre application Reference: 24/00011/PREAPM 7 The proposed development is classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was required to undertake formal pre-application consultation with the local community. 8 A Proposal of Application Notice (PoAN) was submitted to Perth and Kinross Council in January and it was validated on 28 January 2025. A formal programme of statutory public engagement has been undertaken as agreed with Perth and Kinross Council and set out in the following chapters of this report. 9 A Proposal of Application Notice (PoAN) was validated by Perth and Kinross Council on 28 January 2025. A formal programme of statutory public engagement has been undertaken as agreed with Perth and Kinross Council who had requested that letters were sent to residents within a specified area to advise them of the consultation event. 10 In total, 2 in person events were held, on 6th March 2025 and 3rd April 2025. The events were tailored to ensure that as many people as possible in the local community had the opportunity to review and respond to the emerging proposals. In addition to the circulation of the PoAN, an advert was placed in the Public Notices section of the local newspapers, Blairgowrie Advertiser and The Courier, in the edition published within 7 and 14 days prior to each event. Blairgowrie and Rattray Community Council were informed, and letters were sent to local residents, as well as local Councillors (Cllr Brawn, Cllr McEwan, Cllr Shiers).
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Development Plan 11 The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance. National Planning Framework 4 12 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve people’s lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 13 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 5: Soils • Policy 12: Zero Waste • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 15: Local Living and 20 Minute Neighbourhoods • Policy 16: Quality Homes • Policy 17: Rural Homes • Policy 22: Flood Risk and Water Management • Policy 29: Rural Development Perth and Kinross Local Development Plan 2019 14 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 15 The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 1D: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions
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• Policy 14B: Open Space Retention and Provision: Open Space within New Developments • Policy 14A: Open Space Retention and Provision: Existing Areas • Policy 15: Public Access • Policy 17: Residential Areas • Policy 23: Delivery of Development Sites • Policy 25: Housing Mix • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 39: Landscape • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 52: New Development and Flooding • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 60A: Transport Standards and Accessibility Requirements: Existing Infrastructure • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) • Supplementary Guidance - Placemaking (adopted in 2020) PKC Non-Statutory Guidance • Planning Guidance - Delivery of Development Sites • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity
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National Guidance 16 The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 17 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements • PAN 69 Planning and Building standards Advice on Flooding • PAN 75 Planning for Transport Creating Places 2013 18 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 19 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 20 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. Consultations 21 As part of the planning application process the following bodies were consulted: External 22 Blairgowrie and Rattray Community Council - No objection. The Community Council is adopting a neutral stance to this application which, in their opinion, contains both positive and negative outcomes.
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23 Scottish Water - No objection. However, the applicant should be aware that this does not confirm that the proposed development can currently be serviced. 24 Perth and Kinross Heritage Trust - No objection. In respect to archaeology and the planning process, as outlined by NPF4, the proposed development does not raise any significant issues. No further archaeological mitigation is required in this instance. 25 NHS - No objection. New housing developments that attract and retain families and affordable housing for people in the health and social care professions is welcomed by the HSCP. PKHSCP would respectfully like to raise awareness of the potential additional pressures that this development would add to existing primary care services in that area if this application was to be approved. It is essential for the sustainability of services that a suitably proportionate developer contribution be sought for reinvestment in premises and infrastructure. 26 Recent studies in this area of policy development within Perth & Kinross Health & Social Care Partnership (HSCP) have concluded that Perth and Kinross has insufficient space within local healthcare facilities to deliver at the level required. Any additional demand would have a detrimental effect to current service provision. Furthermore, the additional houses planned within that area would raise further the already significant sustainability risk to local GP practices. 27 However, at present, there is no policy requirement for developer contributions toward health and social care infrastructure provision within Perth and Kinross but, there will be expected an associated impact to infrastructure and workforce provision and, therefore, developer contributions should be considered. Internal 28 Affordable Housing Team - No objection. However, further discussion is required in order to gain more information on the range of proposed tenures, justification for the proposed level of parking provision and further consideration of the location of the proposed wheelchair and adaptable homes. As a result of further discussions, the tenure mix for the delivery of the affordable housing has been agreed. 29 Structures and Flooding - No objection, subject to the inclusion of a condition relating to SuDS. 30 Environmental Health (Contaminated Land) - No objection, subject to the inclusion of a condition requiring an evaluation for the potential of the site to be affected by contamination from a previous use. 31 Transportation and Development - No objection, subject to conditions relating to a Construction Traffic Management scheme (CTMS), a Travel Plan, details of footpaths, public transport improvements and a detailed design of the proposed footpath along Hatton Road.
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32 Development Contributions Officer - No objection. In this instance, no contributions in terms of affordable housing, education and transport improvements, are required. 33 Community Waste Advisor - Environment Service - No objection. Advice given in relation to all roads being suitable for access by refuse collection vehicles. An informative has been recommended to that effect. 34 Biodiversity - No objection, subject to a condition relating to a revised Biodiversity Action Plan. 35 Environmental Health (Noise Odour) - No objection, subject to a condition relating to dust mitigation measures. 36 Development Plan Team - Following the submission of additional information in terms of open space provision, there are no objections to the proposed development. 37 Community Greenspace - As a result of the further information submitted, the Community Greenspace Team don’t have any objections to the proposed development, subject to a requirement for the Financial Contribution of £29,817 towards the maintenance of nearby play area & BMX track. Representations 38 5 representations (3 general comment and 2 objections) were received. The main issues raised within the representations are: • Visual impact • Loss of view • Noise impacts • Impact upon trees • Biodiversity and ecology concerns • Design and material concerns 39 These issues are addressed in the Appraisal section of the report, with the exception of a loss of view, which is not a material planning consideration. ADDITIONAL STATEMENTS Screening Opinion EIA not required Environmental Impact Assessment (EIA): Not required Construction Environment Management Plan Submitted Appropriate Assessment under Habitats Regulations. AA completed.
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Ecological Impact Assessment Submitted Arboriculture Impact Assessment Submitted Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact e.g. Flood Risk Assessment Submitted Drainage Strategy Report Submitted Transport Assessment Submitted Appraisal 40 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2 (2019) and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 41 The principle of residential development at the site is supported by the Development Plan through allocation in the LDP2 (allocated site H341) for residential use. Furthermore, the application site is located within the settlement boundary of Blairgowrie and Rattray, as identified within the Perth and Kinross Council Local Development Plan 2. 42 Furthermore, given that it is proposed to provide 100 % affordable housing, the proposed development is also in accordance with LDP2 Policy 20: Affordable Housing. There are a number of site-specific developer requirements associated to allocated site H341, which are summarised below: • Phasing programme for development should be agreed to ensure paddock development does not occur in isolation. Emphasis should be to develop brownfield site at an early stage. • A Transport Statement dealing with the impact of the development on the nearby junction of Hatton Road and Balmoral Road and footpath links to the rest of Rattray. • A Flood Risk Assessment will be required. • Retention of the core paths link and consider additional linkages to the core path network in the surrounding area.
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• Provision of landscaping to provide a framework for development and integrate it with surrounding setting. Retention of important trees and additional planting. • Implement measures to increase biodiversity. 43 As per the above Site Specific Developer Requirements, a Phasing Plan has been submitted with the application. The demolition of the existing farm buildings included in Phase 2 and 3 will be carried out at the start of the Development of Phase 1. The housing will be delivered at a rate of approx. 40 houses per phase, subject to agreement with housing associations and Perth and Kinross Council. Each phase will deliver the required roads, drainage infrastructure and landscaping to accompany it. Furthermore, Phase 1 will deliver the SUDs infrastructure, the start of the Primary Street to the north, the site frontage as well as the Orchard and Play area (all subject to tree planting season) In addition, Phase 2 will deliver the connection to the woodland and associated footpaths within that space. Finally, the remainder of the development will be completed and handed over in phase 3. Design and Layout 44 LDP2 Policy 1A: Placemaking states that development must contribute positively to the quality of the surrounding built and natural environment. All development should be planned and designed with reference to climate change, mitigation and adaptation. The design, density and siting of development should respect the character and amenity of the place, and should create and improve links within and, where practical, beyond the site. Proposals should also incorporate new landscape and planting works appropriate to the local context and the scale and nature of the development. LDP Policy 1A and Policy 1B list a range of criteria upon which design matters will be assessed. 45 LDP2 Policy 2 Design Statements states that Design statements will normally need to accompany a planning application if the development comprises five or more dwellings. 46 The submitted Design and Access Statement sets out the main response to Policy 1B list of criteria i.e. sense of identity, the consideration of site topography, design and density. The new buildings, streets and spaces are designed to be safe, accessible and inclusive. In addition, the proposed dwellinghouses are designed to be adaptable, and in line with current guidance on climate change and low carbon development. 47 In this instance, the proposed development seeks planning permission for a total of 103 residential dwellings, SUDs drainage, landscaping, footpaths parking, amenity space, and the formation of a new access. The proposed development will comprise of a mix of 83 dwellinghouses and 20 flats, all of which will be delivered as Affordable Housing.
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48 The proposals consist of 1 and 2-bedroom cottage flats and 2, 3 and 4-bedroom homes in semi-detached and terraced configurations. There will also be a minimum of 10% homes available to be adapted for wheelchair users. The homes proposed within the development provide a wide range of different house types in a variety of locations providing a broad range to meet the local housing demand for this area. 49 It is intended that the development will have a contemporary, modest appearance, and the designs have been developed with a simple palette of good quality materials. The following is a basic list of materials being proposed. 1. Base course and feature walls - Grey Fyfestone. 2. Windows & Doors - White UPVC. 3. Cedral Cladding - Blue/grey. 4. Render - Cream / off white Drydash. 5. Fascia & Soffit – White. 6. Rainwater Gutters & Downpipes - White UPVC. 7. Roof - Smooth Grey. 50 Furthermore, all the properties will benefit from an area of private amenity space (in the form of an enclosed rear garden). Each garden will include a seating area, drying space and places to store individual refuse bins, all being serviced by a rear or side path and gate. 51 The proposed layout has been designed with 1 main street serving all 103 homes. The access road will be 6m in width and have parking taken directly off the street. The parking areas have been designed as single sided in areas to allow the development to feel as open and accessible as possible. 52 The use of 90 degree bends in the road will act as a natural traffic calming within the development, allowing movement to feel less restricted for pedestrians. The primary surface treatment within the development will be asphalt which will be used on the main entrance roads and footpaths within the development. 53 There are currently 129 parking spaces proposed, which will also be finished in asphalt, with parking bays painted on for delineation. The layout offers a range of pedestrian footpaths, some set back from the main road and itself providing good connectivity to all green spaces. All the formal footpaths and rear/side garden paths will be DDA compliant, with informal footways to be developed over time. It is envisaged that the landscaping scheme will naturally facilitate additional desire lines leading to areas of open space. In terms of layout and design, the proposed development is considered to be in accordance with LDP2 Policies 1A, 1B, 1D, 2 and NPF4 Policies 14,15,16 and 17. Landscape and Visual Amenity 54 LDP 2 Policy 39: Landscape states that development should be compatible with the Distinctive characteristics and features of Perth and Kinross’ landscapes. In
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this instance, the site area is characterised by self-seeded trees and shrubs, with several worn paths through the site from low-impact, local recreational use. 55 The application site is a former pig farm and has been vacant for a number of years, and is, presently, an area of open space. The proposed development will result in the re-use of a prominent, but vacant, site, which will improve the overall character and appearance of the surrounding area. The existing landscape of the site is characterised by derelict farm buildings, and a large, prominent hillock, located in the centre of the site, with an existing cover of re- seeded trees and shrubs Furthermore, there are a number of areas where previous quarrying and dumping of materials from the demolished farm took place. Due to the severe difference in levels on the site, there are significant areas of “cut” required in order for the development to meet Roads and Building Warrant standards and requirements. In order to stabilise the existing ground and provide a suitable slope, further areas of “cut” are proposed along the northern boundary. All areas of “cut” will be filled with a suitable material, which will be recycled form the wider site. Furthermore, the proposed earthworks will necessitate the felling of a number of trees, but the level of compensatory panting that has been proposed will compensate for the loss. As a result of the proposed development, there will be an overall improvement in the visual quality of the approach to Blairgowrie, along Balmoral Road. 56 The landscape of the proposed development, and its context, form an important element of the character of the area. The existing topography has been respected, and boundary features and trees have been incorporated, ensuring that the development is in-keeping with the character and appearance of the local area. The useable open space will provide enhanced visual amenity and ecological benefits. The use of ornamental planting, adjacent to the parking bays, will help soften the view of cars when parked and add to the visual amenity of the development as a whole. 57 Furthermore, given their height and overall scale, the proposed dwellinghouses will be commensurate with the local vernacular and will not result in overdevelopment of the site or surrounding area. In terms of open space provision for new residential developments, Perth and Kinross Council require 80sq.m per dwelling. This equates to 8240sq.m of useable, public open space In this instance, it is proposed to provide over 20000sq.m of accessible, open space. Every dwellinghouse proposed will have private amenity space of 9 or 10m in length. 58 Overall, the proposed development will not have an adverse impact on the visual amenity of the site and surrounding area. In light of this, the proposed development is in accordance with LDP2 Policy 39 and NPF4 Policy 4 Residential Amenity 59 LDP2 Policy 17: Residential Areas, highlights that areas of residential and compatible uses inside settlement boundaries will see existing residential
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amenity protected and, where possible, improved. Given the size, scale, height and positioning of the proposed dwellinghouses, there will be no loss of privacy for existing properties in the local area. Furthermore, given the distance between the properties and the level of private garden ground proposed, there will be no issues of overlooking for future residents. 60 LDP2 Policy 56: Noise Pollution states that there will be a presumption against the siting of development proposals which will generate high levels of noise in the locality of existing or proposed noise sensitive land uses and similarly against the locating of noise sensitive uses near to sources of noise generation. 61 In this instance, an Air Quality Screening Assessment (AQSA) has been submitted. Whilst the predicted traffic flow associated with the development marginally exceeds the criteria, a detailed Air Quality Assessment AQA is not required. The air quality sensitivity of the area is low, and the concentration levels laid out in Table 1 of the AQSA submitted indicate this. In light of this, the impact on air quality of traffic from the proposed housing development would likely be of negligible significance. The AQSA also includes proposed dust mitigation measures, to be implemented throughout the construction phase. A condition (condition 3) has been included to ensure that these measures are incorporated into the Dust Management Plan contained within the submitted Construction Environmental Management Plan (CEMP). 62 In terms of nuisance from noise, the submitted Construction Environmental Management Plan (CEMP) states that the hours of working will be Monday – Friday 0700 – 1900 and 0800 -1300 Saturday, which is in line with PKC Environmental Health Service’s guideline hours. However, the plans include the provision of air source heat pumps (ASHPs). Although there is no supporting information supplied with the application regarding the make and model of the ASHPs to be installed, it is expected that they will be of a domestic size, which will, typically, have a measured sound pressure level in the region of 45Db to 60dB at 1m. In order to protect residential amenity, the standard informative (Informative 18), based on Noise Rating, has been included. In light of the above, and subject to condition, the proposed development is considered to be in accordance with LDP2 Policies 17, 56 and NPF4 Policies 14 and 16. Roads and Access 63 LDP2 Policy 15: Public Access states that development proposals that would have an adverse impact upon the integrity of any (including proposed) core path, disused railway line, asserted right of way or other well-used route and connectivity proposals identified in the Regional Transport Strategy and Delivery Plan will not be permitted. 64 In this instance, all vehicular access will be via a new priority junction to Hatton Road, which will be adopted by PKC. The development speed limit will be 20mph and footpaths are proposed on both sides of the road as it moves north into the site, but a footpath will only be on the north side of the road as it moves west into
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the site. This being the case, condition 19 has been included, to ensure that details of a new footpath along Hatton Road to the east of the site, are submitted prior to development commencing on site. 65 Furthermore, it is proposed to provide 2 metre wide footways throughout the site, which will permit residents, and any visitors with reduced mobility, a suitable space to walk or wheel. In addition, in order to ensure full connectivity with the local path network and the BMX track, located to the south east of the site, conditions 15 and 16 have been included. 66 A Construction Traffic Management Scheme (CTMS) has been provided by the applicant, which provides details for the general construction of the site, and to ensure its proper management. In light of this, condition 13 has been included to ensure that all the recommendations and conclusions of the CTMS are implemented in full. 67 LDP2 Policy 60A: Existing Infrastructure, sees existing transport infrastructure identified, and encouragement given to the retention and improvement of these facilities provided the improvements are compatible with adjoining land uses. 68 The existing bus stops on the A93, which serve the Stagecoach 63 local Blairgowrie route, are located approximately 500m from the centre of the development. However, there is only a footpath on the southbound side of the road at this location and no formal bus stop signage is in place on either side of the carriageway. This being the case, condition 17 has been included to ensure that public transport improvements are undertaken to upgrade the bus stops with new hard standing and Real Time Passenger Information displays. 69 LDP2 Policy 60B: New Development Proposals, states that all development proposals that involve significant travel generation should be well-served by, and easily accessible to all modes of transport. In particular, sustainable modes: walking, cycling and public transport should be considered, prior to private car journeys. 70 A residential travel plan for the development is necessary to encourage the use of alternative travel methods. In light of this , the applicant has set out a framework for the delivery of a residential travel plan. Furthermore, condition 15 has included to ensure the delivery and future monitoring of the Travel Plan. 71 In light of the above, it is considered that the proposed development is in accordance with LDFP2 Policies 15, 60A, 60B and NPF4 Policies 13 and 15. Drainage and Flooding 72 LDP2 Policy 52: New Development and Flooding, states that the Council supports the actions and objectives to avoid increased, reduce overall, and more generally manage flood risk in alignment with SEPA Strategies and Plans. NPF4 Policy 22 states that development proposals must have regard to the water
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environment, and drainage, including floodwater management, within any proposal. 73 In this instance, it has been noted that the SEPA flood maps indicate there may be some low/medium probability of surface water flooding. There is no likelihood of coastal or future coastal flooding and no likelihood of fluvial, or future fluvial flooding at the site In addition, a Flood Risk Assessment has been submitted with this application. There is a minor area of low likelihood of surface water flooding at the northernmost point of the site. In addition, there is a medium to high likelihood of surface water Flooding across the southeastern area of the site. 74 Furthermore, as outlined by NPF4 Policy 22 (Flood Risk and Water Management) and LDP2 Policy 53C (Water Environment and Drainage: Surface Water Drainage), disposal of surface water should be managed through sustainable urban drainage systems (SUDS) to enhance opportunities for natural flood management. All drainage infrastructure shall be detailed on the proposed site plan and the applicant shall demonstrate that a positive flow of water is maintained, preventing the discharge of water onto the public road network. 75 In light of this, a SuDS scheme has been proposed for the south west corner of the site, which will be installed during Phase 1 of the development. The Council’s Structures and Flooding Team were consulted as part of this application and have no objection to offer, subject to the application of a condition requiring further details of the SuDS (condition 20). Furthermore, the proposed SuDS will provide additional opportunities for habitat creation and ecological enhancements. Informative 20 has been included in order to provide further advice to the applicant. 76 LDP2 Policy 53B: Foul Drainage, requires that foul drainage from all developments within, and close to, settlements should connect to the public sewer. In this instance, This proposed development is within the Blairgowrie Waste Water Treatment Works catchment. foul and surface water drainage connections into the Scottish Water Network have been designed. External Consultee response from Scottish Water states that no Drainage Impact Assessment (DIA) is required for the foul water connection. However, a PDE must be submitted to Scottish Water before any development can commence. 77 A Drainage Strategy Report has been submitted with this application, which outlines the treatment levels for the proposed drainage systems and has been agreed by Scottish Water. Furthermore, Scottish Water have confirmed that foul water connections from the development will be accepted into the existing network. In light of the above, it is considered that the proposed development is in accordance with LDP2 Policies 52,52B,53C and NPF4 Policy 22. Waste Collection 78 The Council’s Community Waste Advisor is satisfied with the proposed waste Management. Arrangements. However, the developer should ensure that all
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roads are suitable for access by refuse collection vehicle travelling in a forward motion. Where a reverse is required, this should be kept to a minimum and a turning circle of 24m (diameter) should be maintained. This has been covered by the inclusion of Informative 13. Therefore, the proposed development is, subject to an informative, in accordance with LDP2 Policies 36A, 36B: Waste Management, and NPF4 Policy 12: Zero Waste. Conservation Considerations 79 Polices 26A, 26B and 27A of the LDP2 and Policy 7 of the NPF4 are applicable to the application. In relation to archaeology and the planning process, as outlined by NPF4, the proposed development does not raise any significant issues. This being the case, no further archaeological mitigation is required in this instance. Therefore, the proposed development is considered to be in accordance with LDP2 Policies 26A, 26B and 27A, and NPF4 Policy 7. Natural Heritage and Biodiversity 80 LDP2 Policy 40: Forestry, Woodland, and Trees states that Tree Surveys, undertaken by a suitably qualified professional, should accompany all applications for planning permission where their sites contain trees and that there is a presumption in favour of protecting woodland resources. 81 The woodland areas at the site do not feature in the ancient or native woodland inventory. The site is not located within the Blairgowrie Conservation Area, and none of the trees on site are subject to a Tree Preservation Order. 82 Although the Tree Retention and Removal Plan identifies the root protection area, no Tree Protection Plan or Arboricultural Method Statement have been provided. However, this has been addressed by the inclusion of condition 4. 83 Trees are proposed within the site frontages, and the open space areas, using extra heavy standards, and multi-stemmed tree stock. In addition, an orchard is also proposed close to the east boundary of the site. The proposed tree species selection at this location is considered acceptable. However, a more linear panting arrangement along the northern boundary would be preferable. Condition 5 has been included to secure a revised planting scheme for this part of the site. A further condition (condition 11) has been included to ensure that a pre- commencement site meeting with PKC Tree Officer takes place, to inspect tree felling & tree protection measures. Given that the shrub species selection, particularly the use of Dianthus Deltoides & Polystichum Setiferum, is not appropriate for this locality, a further condition (condition 12) has been included to ensure that a revised species selection is submitted prior to development commencing on site. 84 In this instance, the submitted Arboricultural Impact Assessment states that 8 individual trees and 2 tree groups require to be removed in order to allow this development to proceed. Much tree removal is for groundworks due to the
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varying site levels, and therefore, seems justifiable. However, PKC Biodiversity Officer still has some concerns in relation to the proximity of proposed dwellings to woodland and the potential effects of shade onto gardens. It is proposed to plant shrub species that will reach a lower height than other existing tree species on site. The proposed solution, if complaints arise in future, is to coppice the trees to retain a manageable native woodland of species such as juniper and hazel. 85 In light of the above, a detailed landscaping and planting plan should be submitted, outlining all proposed tree and shrub planting to clearly demonstrate that sufficient compensatory planting has been provided. Underplanting the knoll with some understory species should also be included in this plan. This has been covered by the inclusion of condition 5. 86 LDP2 Policy 41: Biodiversity states that the Council will seek to protect and enhance all wildlife and wildlife habitats, whether formally designated/protected or not. All whilst taking into account the ecosystems and natural processes in the area. In accordance with NPF4, development proposals for major development will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity, including nature networks so they are in a demonstrably better state than without intervention. This will include future management. This being the case, condition 7 has been included to ensure that a revised Biodiversity Study is submitted prior to development commencing on- site. 87 An Ecological Impact Assessment has been submitted with this application, which is considered to contain sufficient information to determine any risks to local species and their habitats. Furthermore, the submitted Report to Inform Appropriate Assessment is sufficient to allow PKC to undertake the Habitat Regulations Assessment (HRA). In addition, condition 6 has been included to ensure that a revised Construction Environment Management Plan (CEMP) is submitted, in order to protect local watercourses from the effects of pollution and sediment. 88 The revised Site Biodiversity Action Plan (Revision C) contains the requirements outlined in the PKC Planning for Nature Supplementary Guidance including swift bricks, bat bricks, bug hotels, hedgehog highways and wildlife friendly lighting. However, wildlife kerbs and amphibian ladders, installed adjacent to all road gullies within 500m of a SuDS Pond, have not been included. This has been addressed by the inclusion of condition 9. However, condition 8 has been included to ensure that an updated Ecology Survey is submitted. 89 It has been recommended that the creation of log piles, utilising some of the timber onsite to create natural habitat piles, should be undertaken. Making cuts in trees to create natural spaces for birds and bats is also encouraged An orchard is also proposed which will result in further biodiversity enhancements in terms of habitat creation for birds, bees and insects. In light of this, condition 10 has been
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included to ensure that further biodiversity enhancement measures are submitted. 90 In light of the above, it is considered that the proposed development is in accordance with LDP2 Polices 40, 41 and NPF4 Policies 3 and 4. Developer Contributions 91 The Council’s Affordable Housing Policy requires that 25% of the total number of houses, above a threshold of 5 units for which planning consent is being sought, is to be in the form of affordable housing. In this instance, the proposed development is for 100% affordable housing. A tenure mix for the delivery of the affordable housing has been agreed with PKC Affordable Housing Team, whereby 17 of the first 46 properties built are proposed for either mid-market rent or low-cost home ownership, or a mix of both, and 29 are for social rent. It is expected that the remaining 57, will be delivered by Hillcrest Housing Association as 25 mid-market rental properties, and the remaining 32 for social rent. In light of this, a Section 75 Agreement will be required in order to ensure that the affordable housing is delivered as per the agreed tenure mix. 92 In this instance and given that PKC Community Greenspace Team will not be adopting any of the greenspace within the development, the only requirement would be for a financial contribution of £29,817 towards the maintenance of the nearby BMX track. 93 It is proposed that this contribution should be secured through the aforementioned section 75 Legal Agreement, with the sum agreed prior to the determination of the application and secured prior to release of decision notice. 94 In terms of a financial contribution towards increased primary school capacity, this proposal is within the catchment of Rattray Primary School. Education & Children’s Services have no capacity concerns in this catchment area at this time. In light of this, no financial contribution towards education is required. Economic Impact 95 The development of dwellinghouses at this location will provide jobs directly and indirectly during construction and, afterwards, have a positive impact through homeowners spending on goods and services in the local economy and beyond. Variation of Application Under Section 32A 96 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 trees and landscaping, roads and transportation, biodiversity / ecology and developer contributions.
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Planning Obligations and Legal Agreements 97 Developer Contributions in terms of play area upgrade and BMX track to be delivered via a Section 75 Agreement. Furthermore, the Section 75 Agreement is required to secure the full delivery of the agreed tenure mix for the proposed affordable housing. Direction By Scottish Ministers 98 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application. Conclusion and Reasons for Recommendation 99 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for approval subject to the following conditions. Recommendation Approve subject to the following conditions: Conditions and Reasons for Recommendation 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. 2. 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. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality during the construction period
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Environmental Health 3. Dust mitigation measures as provided in the Air Quality Screening Assessment (AQSA) (document 60 relates) shall be incorporated into the Dust Management Plan contained within the submitted Construction Environmental Management Plan (CEMP), for the duration of the construction period. Reason - In the interest of protecting residential amenity. Biodiversity and Natural Environment 4. 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 - In the interests of protecting environmental quality and of biodiversity. 5. Prior to the commencement of the development hereby approved, a detailed landscaping and planting scheme, for the site, including the existing Drumlin, shall be submitted for the further written agreement of the Council as Planning Authority. The scheme shall include details of the species, height, size, location, density and maintenance regime of trees and shrubs to be planted, and should include further planting for the existing knoll, located in the centre of the site. The scheme must illustrate that adequate compensatory tree planting for lost trees will be achieved with at least 3 trees planted for every tree lost. 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. Reason - In the interests of protecting environmental quality and of biodiversity. 6. Prior to works commencing, a revised Construction Method Statement/ Construction Environmental Management Plan outlining the measures to protect watercourse from the impact of pollution and sediment to ensure no adverse effects shall be submitted and approved in writing by the Council as Planning Authority. Thereafter, the agreed scheme shall be adhered to for the entirety of the construction period. Reason - In the interests of protecting environmental quality and of biodiversity. 7. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document 52 relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development, and implemented in full.
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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). 8. 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). 9. Prior to the completion or occupation of the development hereby approved, whichever is the earlier, wildlife kerbs and amphibian ladders shall be installed adjacent to all road gullies within 500metres of a SUDS pond or watercourse. Thereafter, the kerbs shall be retained in a reasonable condition for the life of the development. 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). 10. Prior to the completion or occupation of the development hereby approved, all biodiversity enhancement measures listed within the submitted and hereby approved Site Biodiversity Action Plan (Revision C) shall be provided. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development. Reason - In the interests of protecting environmental quality and of biodiversity. 11. Prior to the commencement of any works on site, an independent and fully qualified Arboricultural Clerk of Works (ArbCow) shall be appointed at the developers' expense. Details of this appointment shall be subject to the prior written agreement of the Council as Planning Authority. The appointed person will remain in post for the duration of the construction and shall have the responsibility of ensuring tree protection measures are implemented in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction, and tree protection measures are maintained secure at all times, and until completion of the development. In addition, the following is required; (a) The developer's appointed ArbCow to contact the local planning authority tree officer in order to arrange a prestart meeting to agree on site tree pruning works required to facilitate the development, but before commencement of development.
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(b) The developer's appointed ArbCow to contact the local planning authority tree officer to arrange a prestart meeting for inspection of all tree & ground protection measures, before commencement of development. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 12. Prior to the commencement of the development hereby approved, a revised species selection plan for the proposed shrub planting shall be submitted for the written agreement of the Council as Planning Authority. The scheme shall include details of the species, height, size and density of 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 planting scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme, as agreed, shall thereafter be implemented and maintained. Reason - To ensure a satisfactory standard of development and environmental quality and to ensure the satisfactory implementation of the revised shrub planting scheme. Roads and Transportation 13. 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; 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;
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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) the provision and installation of traffic counters at the applicant's expense at locations to be agreed prior to the commencement of construction; n) monitoring, reporting and implementation arrangements; o) arrangements for dealing with non-compliance; and p) 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. 14. No part of the development shall be occupied until a detailed Travel Plan (TP), aimed at encouraging more sustainable means of travel, has been submitted to and agreed in writing by the Council as Planning Authority. The TP will have particular regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided, any phasing, the system of management, monitoring, review, reporting and the duration of the Plan. The TP as agreed shall be fully implemented. Reason - To promote sustainable transport options and to meet advice within National Planning Framework on transport. 15. Prior to the occupation of either plot 01, 02, 03, 04, 05, 06, 07 or 08, whichever is the earlier, the proposed footpath connection to the southeast of Plot 01, linking into the play park and shown on document 55 hereby approved, shall be fully implemented and provided in an asphalt. For the avoidance of doubt, the applicant shall agree and detail in advance of works commencing of the footpath connection, the intentions for the existing boundary feature, whether open access to the play park or gated access is to be provided. Reason - In the interest of sustainable transport. 16. Prior to the occupation of either plot 17, 18, 19, 20 or 21, whichever is the earlier, the proposed stepped access to the southeast of Plot 17, linking into the BMX track and shown on document 56 hereby approved, shall be fully implemented. For the avoidance of doubt, the applicant shall agree and detail in advance of works commencing of the stepped access, the intentions for the existing boundary feature, whether open access to the play park or gated access is to be provided. Reason - In the interest of sustainable transport.
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17. Prior to the occupation of the first dwellinghouse, the developer shall provide and install on appropriate hard stand asphalt areas, bus shelters on the A93 in a northbound and southbound direction on the A93 at a location to be agreed in writing with the Public Transport Unit. Each bus stop hard standing area shall be supplied with a 3 bay enclosed bus shelter (Cairngorm style) and installed with passenger 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 to be operational. The design, specification and operation shall agreed in writing by the Council as Planning Authority, in consultation with Perth & Kinross Council’s Public Transport Unit, prior to installation. In the event that it is not possible to installed on the A93, an alternative shall be agreed in writing with the Planning Authority. Reason - In the interest of sustainable travel. 18. Prior to commencement of any development on site, a detailed design showing the footway along Hatton Road from the site entrance in a southeasterly direction along the edge of the Common to a point directly opposite the dropped kerb to the south of the property known as Lilybank, where the new footway shall be provided with a linked dropped kerb. The detailed shall be submitted to and approved in writing by the Planning Authority. The submission will confirm the width of the footway, position of the dropped kerb, position of the lighting columns and position of road signage. The approved footway shall thereafter be implemented in full, prior to the occupation of the first dwellinghouse. Reason - In the interests of road, pedestrian safety and connectivity with the developments to the southern side of Hatton Road. Contamination 19. 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.
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Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason - In order to deal with any potential ground contamination as a result of the previous use. Flooding 20. 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. 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 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. 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.
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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. According to 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 in terms of Sections 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority consent to construct a new road prior to the commencement of roadworks. 5. The applicant should be advised that in terms of Section 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. 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. 6. Street lighting infrastructure present at the site, discussions must be had with the Street Lighting Partnership to obtain the locations of infrastructure and its relocation to facilitate the vehicle access. Contact Mark Gorrie at Perth & Kinross Council Street Lighting Department for further details. 7. Please consult the Street Naming and Numbering Officer, The Environment Service, Perth and Kinross Council, Pullar House, 35 Kinnoull Street, Perth PH1 5GD for a new postal address. The form is downloadable from www.pkc.gov.uk and should be returned to snn@pkc.gov.uk. 8. The applicant is advised that the detailed design of all SUDs shall conform to 'PKC Flooding and Flood Risk Guidance Document (June 2014)', or any subsequent update. 9. 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. 10 No work shall be commenced until an application for building warrant has been submitted and approved. 11. The applicant is reminded that, should any protected species be present, a licence may be required from NatureScot to disturb a protected species. Failure
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to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are severe for non-compliance. 12. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended, it is an offence to remove, damage or destroy the nest of any wild birds while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this act. 13. The applicant is advised that refuse collection vehicles will only enter the site during construction phases where there is clear access and suitable turning; this means that Waste Services may not be able to provide a full kerbside recycling service to residents whilst the build is ongoing and bins may have to be emptied from a specified (and agreed) collection point until full access is made available for refuse collection vehicles. The developer must contact the Community Waste Team to discuss bin collections as the site progresses. 14. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, they must obtain from the Council, to place, maintain or adjust apparatus in, or under a Road or remove apparatus from a road. Application forms are available at https://www.pkc.gov.uk/article/14916/Road- and-footway-permits. 15. 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. 16. 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 trees and landscaping, roads and transportation, biodiversity / ecology and developer contributions. 17. 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. 18. The Air Source Heat Pumps shall be certificated in accordance with Microgeneration Certification Scheme 007 and installed by an installation company certificated in accordance with Microgeneration Installation Standard 3005 and in compliance with the calculation procedure contained in Table 2 of Microgeneration Certification Scheme Planning Standards (MCS 020), confirming that the permitted development noise limit of 42 dB LAeq,5 mins will be met. In addition, the Air Source Heat Pump 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.
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19. 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 this development. 20. 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. 21. 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. Background Papers Letters of representation 5 Authors Name Designation Contact Details Alan Atkins Planning Officer (Majors) developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 18 December 2025