24/01857/Fll
Perth and Kinross Council · 7 January 2026
Back to Planning and Placemaking Committee — 7 January 2026 and its agenda
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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. 26/3) Proposal: Erection of a dwellinghouse and associated works (Revised Proposal) Location: Land 40 metres east of Anemone, Balnaskeag, Kenmore, Aberfeldy, PH15 2HB Ref. No: 24/01857/FLL Ward No: P4- Highland Summary This report recommends approval of the application 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 This application seeks approval for the construction of a two-bedroom, single storey dwellinghouse at the eastern end of Balnaskeag, in countryside to the south-east of Kenmore. 2 The site occupies a wedge formed by the Balnaskeag Road to the south, and the A827 road downhill to the north. To the west is the existing residence at ‘Anemone’, part of a four-house development which was granted permission in October 2015 (Ref: 15/01481/FLL), following earlier permission ref: 14/02156/FLL in February 2015. 3 The site is also in the Taymouth Castle Gardens and Designed Landscape, the River Tay Special Area of Conservation Catchment, and within a wider area designated as Ancient Woodland. 4 The proposal has attracted a community council objection and more than six objections from members of the public. It is therefore required to be considered at Planning and Placemaking Committee.
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Site History 6 None relevant Pre-Application Consultation 7 Pre application Reference: 23/00189/PREAPL 8 The proposed development is not classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was not required to undertake not any formal pre-application consultation with the local community. Development Plan 9 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 10 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. 11 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 6: Forestry, woodland and trees • Policy 7: Historic Assets and Places • Policy 12: Zero Waste • Policy 13: Sustainable transport • Policy 14: Design, quality and place • Policy 17: Rural Homes • Policy 18: Infrastructure first • Policy 22: Flood risk and water management Perth and Kinross Local Development Plan 2019 12 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
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economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 13 The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 19: Housing in the Countryside • Policy 29: Gardens and Designed Landscapes • Policy 32: Embedding Low and Zero Carbon Generating Technology in New Development • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 53E: Water Environment and Drainage: Water Supply • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 14 • Supplementary Guidance - Air Quality (adopted in 2020) • Supplementary Guidance - Delivering Zero Waste (adopted in 2020) • 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 - Housing in the Countryside (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) Other Material Considerations PKC Non Statutory Guidance 15 • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft)
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National Guidance 16 The Scottish Government expresses its planning policies through Planning Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Those relevant are listed below. Planning Advice Notes 17 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements • PAN 67 Housing Quality • PAN 75 Planning for Transport • PAN 77 Designing Safer Places 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. Local Place Plans 21 Local Place Plans are community-led plans setting out proposals for the development and use of land and set out a community’s aspirations for its future development. The application site does not lie within an adopted Local Place Plan area, and as such raises no issues in respect of the consideration of this application.
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Consultations 22 As part of the planning application process the following bodies were consulted: External 23 Historic Environment Scotland - No comments to make. 24 Scottish Water - No objection, subject to standard advice. A Water Connection Application and Waste Water Application will be required to Scottish Water. Scottish Water Infrastructure may exist within the proximity of the development area and the Scottish Water Asset Impact Team should be contacted. 25 Kenmore Community Council - objects on the following grounds: • Would not contribute positively to quality of area in terms of character, amenity or natural heritage. • Contrary to Rural Homes policy, and is not an infill site as claimed. • Road safety concerns • Access restriction across adjacent land. • Concerns about utility access to adjacent land • Concerns regarding water runoff, with sheet ice on A827 during winter. • Wastewater Provision unclear • Ecological Assessment required • Planning permission should not be granted until ongoing enforcement action is resolved. • Loss of on-site trees • Adverse impact on Ancient Woodland • New tree planting on adjacent land could impact underground utilities and result in loss of view to existing residents Internal 26 Biodiversity - Proposed development is contrary to NPF4 because of its proximity to ancient woodland and associated impact on its ecological condition. In order to be in accordance with NPF4, the following is required: • Reduce impacts of the proposed development to ancient woodland by revising the site layout to allow a significant buffer between the house and garden planted with trees and shrubs native to Scotland and not non-natives such as Himalayan birch; • Confirmation of biodiversity enhancement measures informed by the recommendation in the submitted Preliminary Ecology Survey Report; • Construction Environmental Management Plan to protect River Tay Special Area of Conservation; • Landscaping plan including native species as recommended in the submitted Preliminary Ecology Survey Report.
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27 Development Contributions Officer - No contributions required in respect of Primary Education, as there are no capacity concerns in the Kenmore Primary School catchment. 28 Structures and Flooding – No objection following receipt of updated information. 29 Transportation and Development – No objection, subject to conditions regarding street lighting, vehicular access formation, detailed culvert design, visibility splays, no surface water or aggregate runoff to the public road. Informative requested in respect of roads-related consent. 30 Environmental Health (Noise Odour) – No objections subject to informative regarding stove flue. Representations 31 14 valid representations were received. The main issues raised within the representations are: • Adverse Effect on Visual Amenity • Contrary to Development Plan Policy • Flooding and Drainage Concerns including surface water runoff and freezing • Inappropriate Housing Density • Lack or Loss of Car Parking • Light Pollution • Noise Pollution • Loss of Open Space • Loss of Sunlight or Daylight • Not an infill site; would set a poor precedent for encroachment into undeveloped land. • Adverse impact on biodiversity including bluebells, frogs, newts. • Ecological survey may be required. • Loss Of Trees; Inadequate Tree Planting • Proposed tree planting outwith red site boundary would be difficult to enforce and obstruct open views of the landscape • Loss of grassland and shrubbery; diminished scope for biodiversity enhancement • Out of Character with Area, including Historic Garden and Designed Landscape • Inappropriate Land Use • Over Intensive Development • Road Safety Concerns (including visibility and deliveries) • Traffic Congestion • Overlooking • Adverse impact on ancient woodland • No Construction Environmental Management Plan submitted
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• No details of construction deliveries to site • Risk of landslip • Limited Amenity space • Commentary regarding behaviour of individuals, including ongoing enforcement action on land adjacent to this application site • Enforcement matters should be resolved prior to granting of planning permission • Property boundary dispute regarding adjacent land • Drystane wall will be de-stabilised by construction access and foul water connection • Public access strip along the west of the site would be welcomed • Concern regarding restriction of access to existing utilities infrastructure. • Access restriction across adjacent land; should be restored by planning condition. • An underground high voltage cable is located within the site. 32 Most of these issues are addressed in the Appraisal section of the report. However, risk of landslip would be a matter for Building Standards rather than planning; Property boundary disputes are outwith the scope of this planning application; Loss of view is not a planning matter. Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal AA not required Design Statement or Design and Access Statement submitted Report on Impact or Potential Impact eg Flood Risk Assessment Preliminary Ecological Assessment Report and Drainage Details submitted Appraisal 33 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 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, as identified elsewhere in this report.
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Principle 34 Policy 6: Settlement Boundaries of the Perth and Kinross Local Development Plan 2019 (LDP2) specifies that development will not be permitted, except within the defined settlement boundaries set out in the Plan. 35 Notwithstanding this, LDP2 Policy 19: Housing in the Countryside acknowledges that opportunities do exist for housing in rural areas to support the viability of communities, meet development needs in appropriate locations whilst safeguarding the character of the countryside as well as ensuring that a high standard of siting and design is achieved. 36 Whilst this is not an infill site as correctly emphasised in representations, Supplementary Guidance associated with LDP2 Policy 19 is supportive of dwellinghouses which add to a rural building group within a definable adjacent site provided that the following can be demonstrated: • new housing will respect the character, scale and form of the existing group, and will be integrated into the existing layout and building pattern; • new housing will not detract from the visual amenity of the group when viewed from the wider landscape; and • a high standard of residential amenity will be provided for both existing and new housing. 37 NPF4 Policy 17: Rural Homes does not directly refer to rural building groups, however Policy 9(b): Brownfield, Vacant and Derelict Land and Empty Buildings does offer some support for proposals on greenfield sites where explicitly supported by policies in the LDP. 38 In this instance, the site occupies an undeveloped wedge formed by the Balnaskeag Road to the south, and the A827 road to the north. To the west is the existing residence at ‘Anemone’, part of a four-house development which was granted permission in October 2015 (Ref: 15/01481/FLL), following earlier permission ref: 14/02156/FLL in February 2015. The site is not designated as open space in the LDP. 39 The site is therefore considered a definable site for the purposes of the LDP2 Housing in the Countryside Supplementary Guidance, and the principle of introducing a dwellinghouse is acceptable. However, it is acknowledged that this site is highly constrained by its sloping nature, the existence of a watercourse which runs diagonally across the plot close to its mid-point, the established building lines along Balnaskeag, and the fact that built form on this site would be highly visible when approaching Kenmore from the east. Therefore, the above matters require to be addressed, in addition to design, residential amenity, parking and access, drainage, trees, and biodiversity.
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Design and Layout, Visual Amenity, Landscape 40 The proposed dwellinghouse would be in the south-west corner of the site, and has been re-positioned during the course of the application to respect the established building line of Nos. 3-8 Balnaskeag further west. It is acknowledged that there is a dual building line along this stretch of the road, with the closest six semi-detached dwellinghouses immediately west of this plot being further recessed from the road than the current proposal. The constraints of the site are such that it is considered reasonable that the building line respects that of the properties further west, and would also ensure that the proposal was not overly prominent in views from the east approaching Kenmore. 41 The single storey, pitched roof design of the dwellinghouse, whilst having a more modern appearance in its use of timber cladding, respects the established form and proportions of existing houses along Balnaskeag. The use of vertical timber cladding with horizontal features and east gable fenestration ensures that there is visual interest without being overly prominent in wider views of what is a highly visible location, particularly from the A827. This would also be softened with an appropriate landscaping strategy, and planning conditions shall require further detail of this, in addition to the proposed external materials of the dwellinghouse itself (Conditions 2 and 3). Subject to such control, the proposal accords with NPF4 Policy 14: Design, Quality and Place and LDP2 Policies 1A and 1B: Placemaking. Residential Amenity 42 The adjacent dwellinghouse at ‘Anemone’ and its garden ground has the potential to be overlooked by a proposed dwellinghouse on this plot. The window serving the living and dining area of the proposed dwellinghouse would be primarily north-facing but would wrap around the north-west corner to the western gable wall. Whilst the window-to-window distance to affected windows at the neighbouring property would be approximately 12 metres, it would be oblique in nature and not result in harmful overlooking. It is also important to note that nature of affected windows at the neighbour, which serve an upper floor kitchen and stairwell area, and lower floor bedroom and garden access door. The extent of garden overlooking would again be oblique in nature and would be mitigated by proposed tree planting to be secured by planning condition. 43 The extent of overshadowing of the western neighbouring dwellinghouse would also be to acceptable levels. 44 The proposal also includes the provision of a single woodburning stove and flue. The Council’s Environmental Health Team have not objected on the grounds of air quality or odour disamenity to neighbouring residents, but advised that an informative draw attention to the applicant’s responsibilities to install, operate and maintain the stove system in accordance with the manufacturer’s recommendations, to accord with the Environmental Health Act 1990 (Informative 5).
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45 In terms of the proposed private amenity space, it is acknowledged that the hillside location is unconventional relative to a more typical garden space, however this does not constitute grounds for refusal of this application. 46 Therefore, the proposal would be acceptable in terms of its impact on residential amenity, and accords with NPF4 Policy 14: Design, Quality and Place and LDP2 Policies 1A and 1B: Placemaking. Roads and Access 47 It is acknowledged that representations have raised concerns regarding road safety and visibility along the A827. 48 The proposed site access would be from the Balnaskeag public road, and the proposed car parking meets the requirements of the National Roads Development Guide. There would also be sufficient vehicle turning space within the site. A post and wire fence of 1100mm high is proposed along the site’s road boundaries. 49 A planning condition shall ensure that no water or aggregates are discharged to the public road network, including from the proposed SUDS pond (Condition 11). A further condition shall ensure that forward visibility can be maintained from Balnaskeag towards the A827 (Condition 9). The applicant shall also be required by condition to extend the street lighting along Balnaskeag to encompass the vehicle access to the property, and maintain a service strip along the edge of the public road network (Condition 8). 50 The concerns raised in representations regarding traffic congestion are unfounded, due to the modest nature of this single dwellinghouse proposal. 51 Vehicular access consent will also be required from the Council as Roads Authority, and an informative shall draw attention to this. 52 Subject to the above conditional control, the proposal accords with NPF4 Policy 13 and LDP2 Policy 60B. Drainage and Flooding 53 Details of surface water drainage and a proposed on-site soakaway have been provided, and the Council’s Flooding Team is satisfied with these measures. Details of the proposed culvert of the watercourse to accommodate the pedestrian link between the car parking area and the main house shall be secured by planning condition to ensure there is no reduction in water flow (Condition 7). 54 Foul water drainage is to be transferred via a new pipe to the combined sewer further west which runs through land within the applicant’s ownership.
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55 Concern had been raised in representations regarding existing surface water runoff along the road which can turn to sheet ice in winter, and associated concerns regarding runoff from the proposed turning and parking area, which could have implications for both this and biodiversity. 56 Whilst it appears that most existing surface water runoff near the junction of Balnaskeag and the A827 comes from higher ground to the south-east and not directly from this application site, a planning condition shall require further details of hard and soft landscaping to ensure that such matters are not exacerbated in terms of the nature of permeable surfacing proposed (Condition 3). This is in addition to the condition set out in the Roads and Access section of this report which seeks to ensure that no water or aggregate runoff occurs to the public road network. 57 In addition, a Construction Environmental Management Plan as discussed in the Natural Heritage and Biodiversity section of this report shall ensure that the watercourse is not adversely impacted during construction (Conditions 4 and 5). 58 Scottish Water have not objected, but have emphasised that their Asset Management Team should be contacted in respect of existing Scottish Water infrastructure in the vicinity of the application site. An informative shall draw attention to their advice letter (Informative 6). 59 Therefore, subject to conditional control, the proposal accords with NPF4 Policy 22 and LDP2 Policies 53B, 53C and 53E. Waste Collection 60 An enclosure for bin storage is proposed next to the pedestrian entrance to the site, and is in accordance with NPF4 Policy 12: Zero Waste. Conservation Considerations 61 The plot is within the Taymouth Castle Historic Garden and Designed Landscape, and representations have raised concern regarding the proposal’s impact on this heritage asset. The proposal, by virtue of its limited scale, and position adjacent to existing dwellinghouses along Balnaskeag, would not adversely impact the Historic Garden and Designed Landscape and therefore accords with NPF4 Policy 7 and LDP2 Policy 29. Natural Heritage and Biodiversity 62 NPF4 Policy 3: Biodiversity and LDP2 Policy 41: Biodiversity seek to protect and enhance all wildlife and wildlife habitats whether or not formally designated, and promote biodiversity enhancement. NPF4 Policy 6: Forestry, Woodland and Trees and LDP2 Policy 40B: Trees, Woodland and Development seek to protect, expand and enhance tree cover and woodland, including Ancient Woodland.
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63 The Council’s Biodiversity Officer has raised concern, echoed in representations, at the site’s location partly within Ancient Woodland and the associated impact of the proposal on such a designation. NatureScot’s characterisation of the Ancient Woodland in this vicinity is “Long-Established of Plantation Origin” or LEPO, and has been interpreted from 1860s 1st Edition Ordnance Survey Maps. However, NatureScot’s website acknowledge that the Ancient Woodland Inventory is provisional. Having examined Ordnance Survey mapping of this area surveyed in 1862 (published in 1867), it is clear that the edge of established woodland at that time was further south of the current Balnaskeag Road, and actually predates that roads’ existence, whereas the woodland to the north of the A827 does indeed show up on such mapping. Whilst the plot is undoubtedly within 50 metres of ancient woodland, matters such as the 1862 mapping which shows this particular site as not being within long-established woodland, the site’s enclosure by two public roads and an existing residential plot to the west, and the enclosure of the ancient woodland to the north of the A827 by a stone wall, must all be considered. Therefore, the site circumstances are such that in this instance, the proximity to ancient woodland does not constitute grounds for refusal of this application, subject to appropriate biodiversity and tree planting measures being secured and implemented as discussed in this section. Restrictions on external lighting shall also be placed on the decision in the event of approval. 64 Separate to this, it is disappointing that three large Sycamore trees and a tall unidentified broadleaf tree were removed from this site between June 2022 and June 2023. Compensatory planting is required in respect of these trees, and in the interest of enhancing the biodiversity of the site whilst providing natural screening to better integrate the proposed development to its rural context. The applicant has proposed the planting of 12 sessile oak trees, however the submitted ecology survey has recommended a wider range of native species, and the relocation of existing tree saplings to a part of the site where they can be retained. A previous iteration of the submitted drawings showed tree planting on other ground within the applicant’s control to the west, however this no longer forms part of this proposal. In addition, it is noted from online street imagery and representations that bluebells have grown on the site in the past. Therefore, an updated Landscaping Plan shall be secured by planning condition to improve the proposed planting offer (Condition 3). 65 Linked to the requirement for an updated Landscaping Plan is a Scheme of Biodiversity enhancement to ensure that this element of NPF4 Policy 3 is met, following the recommendations of the submitted Ecology Report. A planning condition shall also secure this. 66 The Biodiversity Officer has also recommended that a Construction Environmental Management Plan (CEMP) is required to protect the River Tay SAC. Whilst the proposal is unlikely to have a significant impact on the SAC itself due to its modest scale and distance from River Tay and Loch Tay, appropriate protection of the watercourse which runs south-north across the site is required during construction, and the CEMP shall be therefore required by planning condition (Condition 5).
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67 It is therefore considered that on balance, the proposal would accord with the intent of NPF4 Policy 6 and LDP2 Policy 40B subject to conditional control. Low and Zero Carbon Generating Technologies 68 LDP2 Policy 32 ‘Embedding Low and Zero Carbon Generating Technology in New Development’ states that proposals for all new buildings will be required 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. As this proposal includes the erection of a new building, consideration must be given to this requirement. Further, NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ requires that development should be designed to reduce green gas emissions. In this instance, no technical details of how this would be achieved have been submitted with the current application, and as such a planning condition shall require this to be demonstrated (Condition 6). Planning Enforcement 69 It is acknowledged that planning enforcement action is ongoing regarding unauthorised development elsewhere within the applicant’s land. It is not reasonable for such matters to influence the determination of this application, which is assessed on its own merits. Other Matters 70 Representations have raised concern as regards the condition of a drystane wall along the northern boundary with the A827. The Council’s Roads Maintenance Partnership has confirmed that the wall is fully the responsibility of the landowner as it retains the land to the south. Therefore, the planning condition regarding landscaping shall require details of the wall’s repair to be submitted, and associated works to be carried out prior to the occupation of the proposed dwellinghouse, in the event of approval. A further condition shall ensure that any damage to the wall resulting from the development shall be made good at the applicant’s expense (Conditions 3 and 12). 71 It has been claimed that a high voltage cable runs through part of the site, although other representations suggest that work to replace overhead power lines with underground cables has not yet commenced. An informative shall draw attention to the applicant’s responsibilities to contact relevant operators prior to works commencing, in the event of approval (Informative 9). 72 In terms of facilitating access for utilities maintenance, this is a civil matter between utility operators and relevant landowners, and outwith the scope of this planning application. 73 Whilst there are access issues associated with the planning enforcement investigations on nearby land, this does not affect the ability for this particular site
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to be developed. It is not considered proportionate to require an access strip along the western boundary of this particular site, which does not contain a core path, right of way, or unmarked path. Developer Contributions 74 None required in this instance. Economic Impact 75 The economic impact of the proposal is likely to include the construction phase. Variation of Application Under Section 32A 76 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 design and siting of the proposal, and other supporting information relating to drainage, ecology and landscaping. Planning Obligations and Legal Agreements 77 None required. Direction By Scottish Ministers 78 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 79 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 the application subject to the following conditions:
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Conditions and Reasons for Recommendation 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. Prior to the commencement of the development hereby approved, details of the specification and colour of the proposed external finishing materials to be used shall be submitted to and agreed in writing by the Council as Planning Authority. The scheme as agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. 3. Prior to the commencement of the development hereby approved, an updated landscaping and planting scheme for the site shall be submitted for the written agreement of 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 installation methods and, species, height, size and density of trees and shrubs to be planted. The scheme shall also detail a schedule of repairs to the roadside retaining wall along the north of the site with the A827 public road. The wall repairs as subsequently approved shall be carried out prior to the occupation of the dwellinghouses, whereas the approved landscape and planting details 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. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 4. Prior to the commencement of the development hereby approved, a Biodiversity Enhancement Plan shall be submitted to and approved in writing by the Council as Planning Authority, as informed by the submitted Ecology Report (Document 09 relates). Thereafter, the approved measures outlined in the plan shall be installed in accordance with the agreed details prior to the occupation of the dwellinghouse. Reason - In the interests of enhancing environmental quality and of biodiversity.
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5. No development shall take place on site until a Construction Method Statement has been submitted to and approved in writing by the Council as Planning Authority. The Construction Method Statement shall outline the measures to protect watercourses and residential receptors from the impact of pollution, sediment and dust to ensure no adverse effects. The approved Construction Method Statement shall thereafter be implemented as part of the construction phase of the development. Reason - In the interests of protecting environmental quality and of biodiversity. 6 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 the following: 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. Reason - To ensure the proposal complies with LDP2 Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development. 7. Prior to commencement of any development on site, a detailed design for the extended culvert shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority, taking into account the requirement to ensure that a positive flow of water is maintained in the existing culvert and drainage ditch through the site. The extended culvert, as approved in writing, shall be implemented in accordance with the approved details and undertaken prior to the commencement of construction associated with this planning permission. Reason - To ensure an acceptable standard of construction for the culvert. 8. Prior to commencement of works, the street lighting design shall be approved by Perth & Kinross Council's Street Lighting Partnership. The Street lighting shall be in accordance with the standards required by the Council as Roads Authority. The type and standard of lighting shall be assessed using the zoning system outlined in 'The Institution of Lighting Engineers Guidance Notes for the Reduction of Light Pollution' and be agreed with the Council as Planning Authority. The agreed lighting scheme shall be implemented prior to occupation of the dwellinghouse and maintained in full accordance with the agreed scheme.
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Reason - In the interests of road safety. 9. Prior to the commencement of the development hereby approved, full visibility splays of 43 along the channel line shall be provided to the left and right of the access, at a set-back of 2.4 metres measured 1.05m 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 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. 10. Prior to the development hereby approved being completed or brought into use, the vehicular access shall be formed in accordance with Perth & Kinross Council's Road Development Guide Type B Figure 5.6 access detail, of Type A Road construction detail. The Type A Road construction detail shall continue into the entrance for a distance of 5 metres from the boundary of the public road surface. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 11. Prior to the development hereby approved being completed or brought into use, the development shall be constructed so that no surface water or surfacing aggregate is discharged onto the public road. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 12. Any damage resulting from the development to the retaining wall along the north boundary of the site with the A827 public road shall be made good at the applicant’s expense. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 13. 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 the interests of protecting environmental quality and of biodiversity.
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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. Procedural Notes None 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 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. 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 investigation and possible action by Environmental Health under the Environmental Protection Act 1990. 6. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 7. 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
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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. 8. 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 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 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/. 10. 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 design and siting of the proposal, and other supporting information relating to drainage, ecology and landscaping. 11. 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. 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. Background Papers Letters of representation 19 Authors Name Designation Contact Details John Cooney Planning Officer developmentmanagement@pkc.gov.uk
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Approved Name Designation Date Paul Williamson Team Leader (Local Developments) 18 December 2025