25/00572/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. 26/4) Proposal: Erection of 26 dwellinghouses, formation of road and footpath, installation of air source heat pumps, landscaping and associated works (revised proposal) Location: Land at Wester Tomaknock, Crieff Ref. No: 25/00572/FLL Ward No: P6- Strathearn 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 The application site is on land at Wester Tomaknock, Crieff. The application seeks detailed planning permission for the construction of 26 dwellinghouses near the eastern boundary of the overall development site. This particular site benefits from an existing consent for 13 dwellinghouses, which was part of the original 16/02217/FLM consent at Wester Tomaknock. 2 The overall development site is former agricultural land on the eastern edge of Crieff. The site is undulating, sloping downwards from north to the lower levels in the south. There is a clear central elevated knoll where the original farmhouse and farm buildings previously existed. To the north the land rises steeply, forming 'Callum's Hill'. 3 Two small watercourses cut across the wider site as two minor valleys, from northwest and northeast down to the southern boundary, culverting under the C410 public road at Dollerie Terrace. The current application site is to the east of the eastern watercourse. 4 The overall site benefits from planning permission for 102 dwelling units, consistent with the Local Development Plan 2 (LDP2) allocation (H57) for
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residential uses for 114-121 dwellings across an overall site area of 10.2 hectares. Various recent permissions across the wider site have resulted in a fluctuation of the number of consented dwellinghouses, such that the current approved number is 99 residential units across the development, following the recent planning permission ref: 25/00787/FLL. Therefore, the current proposal for 26 dwellinghouses on the eastern part of the site where 13 dwellinghouses were originally consented would result in an overall total of 112 dwelling units, which is ten more than the 102 originally consented under 16/02217/FLM, but still within the threshold set out in the LDP2 Allocation. 5 It is acknowledged that the site does not occupy the entire 10.2 hectare allocation with 1.5 hectares omitted from the original detailed planning permission 16/02217/FLM due to different land ownership. 6 This application as originally submitted proposed 30 dwellinghouses, but was reduced to 26 following discussions between Council officers and the applicant, along with layout changes in the interests of achieving better placemaking. Neighbours and consultees were re-notified of the revised proposal. Site History 7 09/01850/FLL Full Planning Permission was Approved On 13 January 2012 for Conversion of steading to form 2 dwellinghouses and erection of 2 dwellinghouses 8 14/01975/PN was Approved On 4 December 2014 for Demolition of a dwellinghouse 9 16/00003/PAN On 18 March 2016 for Residential development at LDP site H57 10 16/02217/FLM Full Planning Permission Major was Approved On 17 August 2018 for Erection of 102 dwellinghouses, landscaping and associated works 11 17/00956/SCRN On 19 October 2017 for Erection of 102 dwellinghouses, landscaping and associated works 12 17/0081/LDP2 On 3 March 2022 for Residential development of 114-121 units on a 10.2 ha site. The site is in agricultural use. The site has previously been allocated for the proposed use. 13 18/01890/FLM Full Planning Permission Major was Approved On 18 December 2018 for Application under Section 42 of the Town and Country Planning (Scotland) Act 1997 to amend condition 24 (road layout and timescale for submission of an application) of planning permission 16/02217/FLM 14 19/01008/PSN On 26 June 2019 for Infill of existing quarry 15 19/01087/SCRN On 15 July 2019 for Infill of existing quarry
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16 20/00067/FLL Full Planning Permission was Approved On 1 February 2022 for Erection of 12 dwellinghouses (change of house type for plots 1-6 and 13-18) 17 20/01160/MPO was Approved On 22 March 2021 for Modification of planning obligation associated with permission 18/01890/FLM (Application under Section 42 of the Town and Country Planning (Scotland) Act 1997 to amend condition 24 (road layout and timescale for submission of an application) of planning permission (16/02217/FLM)) 18 20/01566/FLL Full Planning Permission was Approved On 1 February 2022 for Erection of a dwellinghouse (change of house type - plot 54) 19 20/01595/SCRN On 11 November 2020 for To use spoil from the adjacent development to infill and re-shape the existing historical quarry 20 20/01883/FLL Full Planning Permission was Approved On 25 January 2021 for Infill and restoration of disused quarry 21 21/02270/FLM Full Planning Permission Major was Approved On 14 April 2022 for S42 Application to modify condition 4 (hours of operation for construction) of permission 18/01890/FLM 22 22/01712/FLL Full Planning Permission was Approved On 15 December 2022 for Erection of 8 dwellinghouses (change of house type for plots 3-10) 23 23/00102/FLL Full Planning Permission was Approved On 9 June 2023 for Erection of 25 dwellinghouses (change of house types : plots 78-102) 23/00689/FLL Full Planning Permission was Approved On 22 June 2023 for Erection of 11 dwellinghouses (change of house type for plots 13-19 and 36-39) 24 24/00228/FLL Full Planning Permission was Approved On 19 April 2024 for Erection of 2 gabion basket retaining walls and a fence (in retrospect) 25 24/00324/FLL Full Planning Permission was Approved On 3 May 2024 for Erection of 2 dwellinghouses (change of house types for plots 13 & 14) 26 24/00860/FLL Full Planning Permission was Approved On 25 September 2024 for Erection of 19 dwellinghouses (change of house type plots - 17, 18, 23, 26, 27, 28, 30, 32, 33, 64-73) 27 25/00787/FLL Full Planning Permission was Approved On 23 October 2025 for Erection of 4 dwellinghouses (revised design and layout of two approved Plots 36 and 37 of planning permission 23/00689/FLL)
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Environmental Impact Assessment 28 The proposed development, as an urban development project with a site area exceeding 0.5ha, falls under Schedule 2 (10(b)) of the Environmental Impact Assessment (Scotland) Regulations. The site was screened in October 2017 as part of the planning application 16/02217/FLM and was found not to require an Environmental Impact Assessment (EIA). Whilst there is a modest increase in proposed dwellinghouses on this part of the site, the category of development is unchanged, and the site location is within the boundaries of the earlier planning permission. Pre-Application Consultation 29 Pre application Reference: None 30 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. It is however important to note that the applicant undertook formal pre-application consultation as part of the major planning application reference 16/02217/FLM. Development Plan 31 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 32 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. 33 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 9: Brownfield, Vacant and Derelict Land and Buildings • Policy 12: Zero Waste • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place
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• Policy 15: Local Living and 20 Minute Neighbourhoods • Policy 16: Quality Homes • Policy 18: Infrastructure First • Policy 19: Heating and Cooling • Policy 20: Blue and Green Infrastructure • Policy 22: Flood Risk and Water Management Perth and Kinross Local Development Plan 2019 34 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. 35 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 1D: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 6: Settlement Boundaries • Policy 14B: Open Space Retention and Provision: Open Space within New • Developments • Policy 15: Public Access • Policy 17: Residential Areas • Policy 20: Affordable Housing • Policy 23: Delivery of Development Sites • Policy 24: Maintaining an Effective Housing Land Supply • Policy 25: Housing Mix • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New • Development • Policy 34A: Sustainable Heating & Cooling: Heat Networks, Major • Development and LDP Site Allocations • Policy 39: Landscape • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 53E: Water Supply • Policy 55: Nuisance from Artificial Light and Light Pollution
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• Policy 56: Noise Pollution • Policy 57: Air Quality • Policy 58A: Contaminated and Unstable Land: Contaminated Land • Policy 60B: Transport Standards and Accessibility Requirements: New • Development Proposals Statutory Supplementary Guidance 36 • 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 - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) • Supplementary Guidance - Placemaking (adopted in 2020) Other Material Considerations PKC Non Statutory Guidance 37 • Planning Guidance - Delivery of Development Sites • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft) National Guidance 38 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 39 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
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Creating Places 2013 40 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 41 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 42 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 43 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 area with a Local Place Plan and does not therefore impact the consideration of this application. Consultations 44 As part of the planning application process the following bodies were consulted: External 45 Scottish Environment Protection Agency - Earlier holding objection withdrawn following submission of additional information regarding flooding. 46 Scottish Water - No objections subject to standard advice. 47 East Strathearn Community Council - No comments received. 48 Crieff Community Council - No comments received. Internal 49 Structures and Flooding - No objection following review of updated proposal, particularly the revised drainage assessment.
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50 Development Contributions Officer - Primary Education contribution of £6,300 required for each additional unit of Open Market tenure and of more than one bedroom above the original consent. 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. 51 The Section 75 Agreement for this site will require variation to account for the additional units, if recommended for approval. The Section 75 Agreement includes Open Space maintenance commuted sums. The additional units resulting from the current proposal will be calculated separately and may be included in a minute of variation. Any minute of variation would also include other requirements such as those relating to play areas, and other consultee requirements. 52 A Section 75 Legal Agreement may be entered into with payments spread equally across the development due 10 days prior to occupation of each unit. Larger developments may have payments made quarterly or bi-annually taking account of completion certificates issued for the development. 53 Affordable Housing Enabler - This proposal has resulted in a net increase of 10 dwelling units across the whole development. This gives rise to an additional Affordable Housing requirement of 2.5 dwelling units (10 x 0.25). 54 It is understood that the applicant, GS Brown, has agreed to an on-site provision of 3 affordable units in this phase. In addition, the applicant has advised that these will be delivered to Hillcrest Homes, and will be managed as social rented accommodation. Housing Strategy has confirmed availability of Housing Subsidy to support their delivery. Hillcrest was the affordable housing delivery partner on an earlier phase of Wester Tomaknock. It is confirmed that this meets the requirements of the Affordable Housing Supplementary Guidance. 55 Community Waste Advisor - Environment Service – Informatives requested regarding waste collection as the site progresses and following completion. 56 Transportation and Development - Conditions requested regarding Residential Travel Plan, Street Lighting System, and Construction Traffic Management Plan, and informatives requested regarding Roads Construction Consent, and Vehicular Access Consent. Following a review, an earlier requirement for footway along Dollerie Terrace has been removed due to a number of difficulties in its delivery, including insufficient roadspace. Illumination of the proposed pedestrian link between Plots 07 and 08 has been requested. 57 Environmental Health (Contaminated Land) - Previous planning permission 21/02270/FLM was conditioned for soil contamination. Remediation has since been undertaken and a verification report submitted to evidence this. It remains the responsibility of the applicant to satisfy themselves that the ground conditions are suitable for the development for which planning consent has been granted.
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58 Environmental Health (Noise Odour) - No adverse comments to make in respect of air quality. Condition requested regarding Dust Management Plan and incorporation of this within the originally approved 16/02217/FLM, and informative regarding installation and plant noise from Air Source Heat Pumps. Representations 59 10 valid representations were received. The main issues raised within the representations are: • Adverse visual impact • Out of character with area • Contrary to Development Plan Policy • Excessive height • Over intensive development • Loss of view • Low water pressure could be exacerbated • Road safety concerns, including in wider area • Traffic Congestion, including in wider area • Lack of active travel options and connectivity within site • Adverse impact on local infrastructure and services • Overlooking of neighbours • Overshadowing of nearby properties and solar panels • Poor placemaking • Drainage and Floodplain concerns • Reduced property values • Concerns at deliverability of public footway • Reduction in public and private open space • Does not meet 20 minute neighbourhood policy – no public transport • Ecological impact and lack of biodiversity net gain • Inconsistent energy management; emissions from increased dwelling number/size • Adverse impact on quality of life and community • Light Pollution • Air Pollution • Noise Pollution • Poor play provision on earlier phase of development; none on this phase • Loss of trust in developer due to frequent modifications to approved scheme, lack of engagement with residents, misleading marketing, non-compliance with working hours and construction traffic routes, excessive noise, damaged verges, rubbish blown into neighbouring properties, and lack of enforcement. • Poor location for affordable housing • Opposition to affordable housing due to lack of need and security concerns • Inadequate time to respond to neighbour notification exercise; delayed letters • Difficulties with accessing information on certain devices • Drawing inaccuracies
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• Inadequate commitment to net zero • No Electric Vehicle charging provision • Loss of agricultural land • Inadequate boundary treatment and screening at site edge • Soil erosion concerns – unclear who is responsible for future maintenance • Poor justification for “village green” • No phasing plan or construction timeline has been provided for resident’s benefit • Commentary on developer’s motives • Lack of market justification for proposal; similar to other recent housing sites in Crieff • Suitable conditions should ensure compliance with environmental standards • Site visit should be undertaken 60 These issues are addressed in the Appraisal section of the report. 61 However, the effect on property values, loss of view and commentary on developer motives and sales marketing are not material planning considerations, and shall not be taken into account in the assessment of this application. Neighbour notification was undertaken in accordance with statutory requirements, and delayed delivery of such is outwith the Planning Authority’s control. The difficulties with accessing information on certain electronic devices is noted. Finally, in terms of phasing, the developer has indicated that they have programmed completion of Phase 4, to which this application relates, as being late 2027. 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 Flood Risk Assessment, Drainage Assessment, Tree Survey Report, Geotechnical Testing Report submitted Appraisal 62 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.
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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 set out in this appraisal. Principle 63 The key determining policy issues for this specific proposal at this location include: the principle of the development and its contribution towards providing high quality, affordable and sustainable homes (Policy 20, 24 and 25 of LDP2 and Policy 16 of NPF4), liveable places (design, quality and place) (Policies 1, 2, 55-58 of LDP2 and Policy 14 of NPF4), impacts on/from flooding and the water environment (Policies 52 and 53A of LDP2 and Policy 22 of NPF4), residential amenity (Policy 17 of LDP2 and Policy 15 of NPF4), historic assets and places (Policy 26B of LDP2 and Policy 7 of NPF4), biodiversity/ecological impact (Policies 40 and 41 of LDP2 and Policy 3 of NPF4 and transport (Policy 60A of LDP2 and Policy 13 of NPF4). 64 The principle of residential development on the site is well established through the allocation in LDP2 and previous planning permissions. It is, however, necessary to undertake an assessment of the detail of this proposal. 65 The determining issues in this case are whether; the proposal complies with Development Plan policy; whether the proposal complies with supplementary planning guidance; or if there are any other material considerations which justify a departure from policy. 66 Representations have queried why no market evidence has supported this proposal, which differs from what was previously consented on site. Such evidence is not required by Development Plan policy. Design and Layout, Visual Impact 67 Policy 14: Design, Quality and Place, Policy 15: Local Living and 20 Minute Neighbourhoods and Policy 16: Quality Homes of NPF4 are relevant as are LDP2 Policy 1: Placemaking, Policy 14B: Open Space within New Developments, Policy 17: Residential Areas and Policy 25: Housing Mix. 68 The proposal seeks permission for 12 x 3-bedroom dwellinghouses, 7 x 4- bedroom dwellinghouses, and 4 x 5-bedroom dwellinghouses for open market sale, with an affordable provision of 1 x 2-bedroom and 2 x 3 bedroom dwellinghouses. 69 The proposed layout is broadly reflective of the site masterplan, albeit with a greater number of dwellinghouse plots than those originally consented in this part of the wider Wester Tomaknock site. The design of the proposed dwellinghouses, whilst two storey in nature compared to the previously consented 1.5 storey dwellinghouses would not appear out of place in the street
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scene or wider landscape in part due to the natural separation between them and the predominantly single storey phase to the west, and the higher land levels to the east, which contain a grouping of 1.5 storey dwellinghouses. The wider residential context of the eastern part of Crieff contains a mixture of single and two storey dwellinghouses, and the proposal is in keeping with this character. 70 It is acknowledged that the proposed dwellinghouse in Plot 01 will be slightly taller than the eastern neighbour at Ochil View House, however this considered acceptable in this instance. The site levels step down from east to west as the public road approaches Crieff. Overall, the proposed site levels are considered satisfactory. The usage of external materials will also be broadly consistent with the earlier development phases to the west, and revised plans have ensured that the proposed built form positively address the main site frontage along Dollerie Terrace, and the internal road link to earlier phases. Revisions have also involved a more legible pedestrian route from this site to Bantry Close to the west. 71 Representations have raised concern at the reduced amount of open space, presumably because more dwellinghouses are proposed in this application than previously consented. There has been no reduction in public open space, with a “village green” proposed near the centre of the development site, which will offer additional open space which could be used for informal play to supplement the forthcoming play equipment in the south-west corner of the wider development site. Proposed private garden spaces are considered to be acceptable in size and layout. 72 Overall, the proposed layout, design, heights, and materials are considered to appropriately reflect the surrounding character and amenity of the area, in compliance with the Council’s placemaking policies. 73 LDP2 Policy 25: Housing Mix requires 10% of homes to have two bedrooms or less. The increase in consented dwellinghouses of 10 would usually attract a requirement for one of the proposed market dwellinghouses to satisfy this, however it is noted that there is a wider variety of dwellinghouse sizes proposed in this application than the previously consented 13 dwellinghouses on this site. Whilst none of the proposed dwellinghouses are two bedrooms or less, there are six small three-bedroom dwellinghouses proposed at Plots 03, 06, and 12-15 inclusive. It is also noted that a recent planning permission within the earlier phase (25/00787/FLL) introduced four two-bedroom dwellinghouses onto an area previously consented for two three-bedroom dwellinghouses. Therefore, within this context, the proposal is considered to accord with the intent of the policy. 74 In terms of 20-minute neighbourhoods, it is acknowledged that the site is by virtue of its location near the eastern edge of Crieff, not as close to certain services as other housing developments which are under construction in the south of the settlement. The nearest bus stops are approximately 550-600 metres west of the proposed site entrance to Dollerie Terrace. However, this is outweighed by the principle of development having been already been
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established and the proposal being within the expected number of dwellinghouses set out in the Local Development Plan allocation for this site. 75 Overall the proposals are considered to accord with the terms of NPF4 and LDP2 in terms of design, layout and visual amenity. Residential Amenity Overlooking 76 All of the proposed residential units will maintain an acceptable level of separation which negates any potential overlooking between dwellings, including existing properties to the east and west. Overshadowing, loss of sunlight and daylight 77 The Building Research Establishment (BRE) document ’Site Layout Planning for Daylight and Sunlight - a guide to good practice 1991’ sets out guidelines on how to assess the potential impact, although it should be noted that the standards are not mandatory and should be interpreted flexibly. 78 Taking cognisance of this BRE document, the distances between new and existing properties and site levels, it is considered an acceptable level of daylight and sunlight will be provided to each property. 79 Concern has been raised in representations regarding overshadowing of ground- mounted domestic solar array at a neighbouring property to the east. The relative position, height, and distance of proposed dwellinghouses at proposed Plots 01 and 26 is such that such overshadowing is not a concern in this instance, and it is also noted that the existing dwellinghouse, by virtue of its closer proximity to solar panels within its own plot, is much more likely to overshadow such solar panels than any of the proposed new dwellinghouses. Furthermore, the effect of glint and glare from such solar panels is unlikely to have a significant adverse effect on the living conditions of future residents of the proposed development. Air Quality 80 In terms of operational air quality, the Council’s Environmental Health Team have considered that the proposed uplift in traffic for this proposal relative to the previous consent would not be significant, and therefore the impact on air quality would be negligible. 81 In terms of construction, it is acknowledged that a Construction Management Plan was submitted for the existing planning permission ref: 16/02217/FLM, and included dust and noise mitigation measures. The Environmental Health Team have recommended that a Dust Risk Assessment be undertaken and inform a Dust Management Plan be included within the Construction Management Plan for the development. Given that the proposal is for an increase in dwellinghouses
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beyond the 16/02217/FLM consent, an updated Construction Management Plan which incorporates the Dust Management Plan is considered appropriate to secure by planning condition in this instance (Condition 5). Noise 82 Air Source Heat Pumps (ASHPs) are proposed as part of the application, and Environmental Health have recommended that the applicants be advised of the need for ASHPs to be certified and installed with the appropriate standards, and for plant noise to exceed appropriate noise ratings. This shall be added as informative 10 in the event of approval. 83 The proposed construction hours shall remain consistent with the 21/02270/FLM permission as 07:00 to 19:00 Monday to Friday, and Saturday 08:00 to 13:00 hours, with no working on a Sunday unless otherwise agreed in writing with the Planning Authority. 84 It is noted that representations have expressed dissatisfaction with working hours and practices on earlier phases of the development. In the event of approval, any breaches of planning conditions should be reported without delay to the Planning Enforcement Team. 85 Overall, in terms of residential amenity, and subject to conditions, the proposal complies with NPF4 Policy 14: Design, Quality and Place and LDP2 Policies 1: Placemaking, and 17: Residential Areas, and the Placemaking Guidance 2020. Roads and Access 86 The proposed development, forming Phase 4 of the overall Wester Tomaknock development, requires one new vehicle access point from Dollerie Terrace, with internal roadways linking to the earlier phases to the west. 87 The proposed resident and on-street visitor parking arrangements have been considered to be acceptable by Transport Planning. 88 Transport Planning have also recommended that a Residential Travel Plan be secured by planning condition to promote more sustainable modes of travel, including walking, cycling and public transport to and from the site, along with method of management, monitoring and review for the duration of the Travel Plan (Condition 4). It is noted that matters of pedestrian access, active travel and public transport was raised in representations. 89 A Street Lighting design shall be required by planning condition 2 to cover the full length of the development site, including the vehicular access to Dollerie Terrace. The matter of street lighting has also been raised in representations. 90 In the interests of pedestrian access, a new footway had been sought by officers along the length of the development site from 2 Milquhanzie Way to the edge of
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the site with the boundary of Ochil View House to the east. However, following a review by transport planning, there are a number of difficulties with providing this, particularly insufficient road space in front of “The White House”, to the east of 2 Milquhanzie Way. Therefore, the proposed footway linking Plots 07 and 08 of this application to the earlier phases of Wester Tomaknock shall be illuminated and secured by the street lighting planning condition (Condition 2). 91 A further planning condition (Condition 3) shall require a Construction Traffic Management Plan, and there may be a requirement as part of the roads Construction Consent (RCC) to relocate an existing speed limit sign on Dollerie Terrace. This is linked to streetlighting requirements discussed in this section of the report. 92 Representations have asked why electric vehicle charging has not been included in the planning proposal. It is more appropriate to address this matter through the Building Warrant process, as a Mandatory Standard relating to electric vehicle charging was introduced into the Building Regulations in mid-2023. 93 Overall, subject to conditional control, the proposal complies with NPF4 Policy 13 Sustainable Transport and LDP2 Policy 60 Transport Standards and Accessibility Requirements. Drainage and Flooding 94 A Flood Risk Assessment (FRA) and details of drainage arrangements have been submitted as part of this application. It is also acknowledged that representations have raised concerns regarding these matters. 95 SEPA have reviewed the Flood Risk Assessment, and found it to be based on appropriate methods and parameters; hydraulic modelling of the watercourse and artificial structures has been undertaken alongside a range of blockage scenarios. It has been confirmed that the culvert on the section of watercourse just upstream from the road crossing has been removed, which has satisfied SEPA that all in-channel structures have been appropriately modelled. 96 SEPA are satisfied that it has been demonstrated that the proposed houses will be located above the design flood level (1 in 200 year plus climate change) with consideration of blockage of the in-channel structures, and at least 0.6 metre freeboard above this level has been achieved for Finished Floor Levels (FFLs). It has been additionally confirmed to SEPA that no land-raising (unless previously consented) will take place within the 1 in 200 year plus climate change (plus 25% blockage) flood risk area. SEPA are therefore satisfied that the houses are unlikely to be at risk of flooding and have withdrawn their earlier holding objection. 97 The Council’s Flooding Team have also considered revised drainage details including a Drainage Assessment and are satisfied with these elements of the
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proposal. Informative 8 shall draw attention to Flooding Supplementary Guidance. 98 Scottish Water have raised no objection, and informative 9 shall draw attention to their consultation letter, which contains standard information regarding establishing connections to the mains water supply and waste water infrastructure. 99 Therefore, the proposal accords with NPF4 Policy 22, and LDP2 Policies 52, 53B, 53C and 53E. Waste Collection 100 It is considered that the proposed bin storage, access and egress and proposed road layout is acceptable for the proposed development. Informatives 6 and 7 shall draw attention to arrangements for houses occupied whilst the construction period is ongoing, advise the applicant to contact the Community Waste Team as the site progresses, and highlight the bin charging scheme for new build properties. Subject to such informatives, the proposal accords with NPF4 Policy 12: Zero Waste. Conservation Considerations 101 There are no conservation concerns associated with this proposal. Contaminated Land 102 The development site falls within the boundary of application 21/02270/FLM (A variation of 16/02217/FLM) which was subject to a planning condition for soil contamination. Remediation has since been carried out, and a verification report submitted to evidence this. It remains the applicant’s responsibility to ensure that the ground conditions are suitable for the proposed development. Therefore, the proposal does not raise concerns in terms of land contamination, and accords with NPF4 Policy 9 and LDP2 Policy 58A. Natural Heritage and Biodiversity 103 In relation to natural heritage and biodiversity, NPF4 Policies 1: Tackling the Climate and Nature Crisis, 2: Climate Mitigation and Adaptation 3: Biodiversity and 20: Blue and Green Infrastructure, are relevant. In addition, LDP2 Policies 40B, 41 and 42 apply. NPF4 requires local planning applications to include appropriate measures for biodiversity enhancement that are proportionate to the nature and scale of the development. 104 Representations have raised concern at the loss of agricultural land, however this site is no longer agricultural in nature, is part of Crieff Settlement, allocated for housing in the Local Development Plan, and has planning permissions for residential development stretching back to 2017. It has been utilised by the
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developer during construction of previous phases, and has limited biodiversity value outwith the watercourse which separates it from earlier phases of development, and some limited planting close to site boundaries. 105 This part of the application site does not contain trees, and details of tree planting and soft landscaping has been submitted. This includes Scottish native species such as wild cherry and rowan, with beech hedging and shrub planting. There is scope for further biodiversity enhancement to align with PKC’s Planning for Nature: Development Management and Wildlife Guide, and this shall be secured by planning condition 9. 106 A further planning condition (Condition 6) shall require further details of boundary landscaping and retaining walls, as there is scope to soften the appearance of plot boundaries in the interests of good placemaking, particularly along the western edge of the application site with the watercourse. In addition, phasing and maintenance details of public open spaces shall be secured by condition 7 to ensure alignment with Council Greenspace objectives. 107 The updated Construction Environmental Management Plan (CEMP), as secured by condition 5, would be expected to include measures to prevent pollution of the watercourse along the west of this application site. 108 Subject to conditional control, the proposal therefore complies with NPF4 Policy 3 and LDP2 Policy 41: Biodiversity. Low and Zero Carbon Generating Technologies 109 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, air source heat pumps are proposed for all dwellinghouses. The proposal therefore complies with the relevant policies. Affordable Housing 110 The Council’s Affordable Housing enabler has advised that there is a requirement of 2.5 additional dwelling units, as this would constitute 25% of the additional 10 dwelling units beyond the original 102-dwelling consent for Wester Tomaknock. It is also understood that the developer has agreed to on-site provision of 3 affordable units in this phase, which shall be delivered to Hillcrest Homes, who have been involved in previous phases and intend to manage these affordable dwellings as social rented accommodation. Housing Subsidy is available to support the delivery of these units, and the location of the site and
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grouping in a terrace of three does not raise policy concerns in terms of placemaking or safety, as had been suggested in representations. The proposal therefore accords with the requirements of the Affordable Housing Supplementary Guidance,NPF4 Policy 18 and LDP2 Policy 5, subject to a Section 75 agreement being entered into. Developer Contributions 111 In addition to affordable housing a primary education contribution of £6,300 is required for each additional open market dwelling unit with greater than one bedroom above the original 102 dwellinghouse consent is required. Since there are ten additional dwelling units proposed, including three social rented dwelling units which would be exempt, the requirement for primary education would be 7 x £6,300 = £44,100. 112 The Section 75 Agreement for the wider Wester Tomaknock site (16/02217/FLM) will require variation to account for the additional units, in the event of an approval recommendation. The Section 75 Agreement for 16/02217/FLM includes Open Space maintenance commuted sums. The additional units resulting from the proposed remix will be calculated separately and may be included in a minute of variation. Any minute of variation would also include other requirements such as those relating to Play Areas, and other consultee requirements. Economic Impact 113 The impact to the local economy both during construction and occupation will be reasonably significant with additional available expenditure on local facilities and services. Variation of Application Under Section 32A 114 This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the number of proposed dwellinghouses and associated layout changes in the interests of placemaking. Planning Obligations and Legal Agreements 115 As set out above, the Section 75 Agreement for the wider Wester Tomaknock site (16/02217/FLM) will require variation to account for the additional dwelling units, including affordable housing, primary education and open space maintenance. This is to ensure that obligations are secured in line with the requirements of the wider development area. 116 Consent shall not to be issued until the 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 approval.
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Direction By Scottish Ministers 117 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 118 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: 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. Within one month of this planning decision, the street lighting design shall be submitted to and agreed in writing by the Council as Planning Authority, in consultation with Perth & Kinross Council's Street Lighting Partnership for the public road network. The scheme shall include details of light spill, brightness of the lighting and the proposed hours of operation for both the public road network and the private areas, and timescales for delivery. The agreed lighting scheme shall be implemented to the agreed timescales and maintained in full accordance with the agreed scheme. Reason - In the interests of road safety. 3. 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:
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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; 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. 4. No part of the development shall be occupied until a Residential Travel Plan (RTP), aimed to encourage more sustainable means of travel, has been submitted to and approved in writing by the Council. The RTP shall 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, the system of management, monitoring, review, reporting and the duration of the plan. The RTP shall be thereafter implemented for the approved duration. Reason - To promote sustainable transport options and to meet advice within Scottish Planning Policy on transport.
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5. Within one month of this planning decision, an updated Construction Environmental Management Plan (CEMP) which is based on the approved CEMP from 21/02270/FLM (Document 31 of 21/02270/FLM) shall be submitted to and approved by the Planning Authority. The CEMP shall incorporate a Dust Management Plan and site-specific dust mitigation measures within the plan shall be informed by a Dust Risk Assessment undertaken in line with IAQM 'Assessment of dust from demolition and construction 2024 V2.2. Thereafter the development shall be fully undertaken in accordance with the approved CEMP unless otherwise agreed in writing by the Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 6. Within one month of this planning decision, revised boundary landscape drawings shall be submitted to and approved in writing by the Council as Planning Authority. The drawings shall include full boundary treatment and details of proposed retaining walls (with elevations). The approved details shall be implemented prior to the occupation of the relevant residential unit and thereafter maintained. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 7. Within one month of this planning decision, a detailed open space and private open space plan and open space landscaping delivery plan, which clearly sets out areas proposed for both public adoption and phased delivery, shall be submitted to and approved in writing by the Council as Planning Authority, in consultation with the Council's Community Greenspace Team. The agreed public landscaping elements shall thereafter be undertaken and delivered in line with the approved delivery plan and maintained. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 8. There shall be no land raising or the erection of solid boundaries within the 0.5% annual probability (AP) floodplain as shown on drawing number 13019/21/001A forming part of planning permission 16/02217/FLM. Reason - In order to ensure that surface water arising from the development is adequately dealt with and that any sustainable urban drainage System (SUDS) does not increase flood risk elsewhere. 9. Within one month of this planning decision, a Biodiversity Enhancement Plan shall be submitted to and approved in writing by the Council as Planning Authority. Thereafter, the approved measures outlined in the plan shall be installed in accordance with the agreed details prior to the occupation of the relevant residential unit. Reason - In the interests of enhancing environmental quality and of biodiversity.
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10. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day. Reason - In order to prevent animals from being trapped within any open excavations. 11. Prior to the completion or occupation of the development hereby approved, whichever is the earlier, wildlife kerbs 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 protecting environmental quality and of biodiversity. 12. Construction work shall be limited to Monday to Friday 07:00hrs to 19:00hrs and Saturday 08:00hrs to 13:00hrs 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. 13. Prior to the commencement of any works on site, all trees on site (other than those marked for felling on the approved plans) and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the duration of construction. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 14. Where it is intended to create semi-natural habitats, all species used in the planting proposals detailed in the approved plans shall be locally native species of local provenance unless otherwise agreed in writing with the Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 15. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar size, species and number. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority.
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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 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. 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 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. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 5. If the applicant is successful in gaining planning consent, they must apply for a Vehicle Access Consent before starting works on its formation. More information on the process can be found on the following website: https://www.pkc.gov.uk/vehicleaccess . Please note, that as planning permission has been applied for, currently no fee is required for the Vehicle Access Consent (VA1 form), please include the planning application number on your VA application form.
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6. The developer must contact the Community Waste Team to discuss bin collections as the site progresses. Refuse collection vehicles will only enter the site during development where there is clear access, adequate turning, and a suitable road surface with no raised ironworks. 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 collection point, specified by the area Community Waste Adviser, until full access is made available for refuse collection vehicles. 7. 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 8. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 9. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 10. The Air Source Heat Pump 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. 11. This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the number of proposed dwellinghouses and associated layout changes in the interests of placemaking. 12. 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. 13. Application for a new postal address should be made via the Street Naming and Numbering page on the Perth & Kinross Council website at www.pkc.gov.uk/snn.
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Please note there is a charge for this service and submission cannot be made until the relevant Building Warrant has been approved. 14. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. 15. 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 18 Authors Name Designation Contact Details John Cooney Planning Officer developmentmanagement@pkc.gov.uk Approved Name Designation Date Paul Williamson Team Leader (Local Developments) 18 December 2025