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25/01082/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 2025 
Report of Handling by Development Management and Building Standards Service
Manager
(Report No. 26/5) 
Proposal: Erection of 6 industrial units (classes 4, 5 and 6), formation of parking
area, installation of EV charging points, air source heat pump and
associated works 
Location: 3 Macduff Place, Kinross, KY13 8FU 
Ref. No: 25/01082/FLL
Ward No: P8- Kinross-shire 
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 site lies to the southwest of Kinross, accessed via Junction Road and near to
the M90 motorway which links Perth with Edinburgh. The access road to the site
has already been formed (MacDuff Road) and this forms the boundary of the site
to the north. The east boundary is a timber fence and a pedestrian path which
runs along the rear of a row of houses. To the south of the site is an open space
which is currently in the final stages of development (industrial use). 
2 The site is zoned in the LDP2 as E18 for Employment Proposal (core). An
existing showroom/Workshop (Class 4 – Business (office/light industry)) is in
operation from the site to the west of the proposed site. 
3 This application is for the erection of two buildings each containing 3 light
industrial units for use under Class 4 (Business), 5 (General Industrial) or 6
(Storage and Distribution). The site has been designed to provide ample parking
and accessible routes throughout, bike storage facilities and EV chargers are
also provided together with bin storage areas.

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Site History 
4 22/00447/FLL Full Planning Permission was approved on 14 April 2022 for
Erection of 4 industrial units (use classes 1, 4, 5 and 6), formation of parking,
landscaping, drainage and associated works (allocated site E18) 
5 22/00884/FLL Full Planning Permission application was withdrawn on 24 August
2022 for Erection of 4 units (classes 1, 4 and 6), formation of parking,
landscaping, and associated works (allocated site E18) 
Pre-Application Consultation 
6 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 
7 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 
8 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. 
9 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 9: Brownfield, Vacant and Derelict Land and Empty Buildings
Policy 13: Sustainable Transport
Policy 14: Design, Quality and Place
Policy 15: Local Living and 20 Minute Neighbourhoods
Policy 22: Flood Risk and Water Management
Policy 26: Business and Industry

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Perth and Kinross Local Development Plan 2019 
10 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. 
11 The principal relevant policies are, in summary; 
Policy 1A: Placemaking
Policy 1B: Placemaking
Policy 5: Infrastructure Contributions
Policy 7A: Employment and Mixed Used Areas: Business and Industrial
Policy 32: Embedding Low & Zero Carbon Generating Technologies in New
Development
Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy
Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development
Policy 41: Biodiversity
Policy 52: New Development and Flooding
Policy 53B: Water Environment and Drainage: Foul Drainage
Policy 53C: Water Environment and Drainage: Surface Water Drainage
Policy 56: Noise Pollution
Policy 55: Nuisance from Artificial Light and Light Pollution
Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals 
Statutory Supplementary Guidance
12
• Supplementary Guidance - Developer Contributions & Affordable
Housing (adopted in 2023)
• Supplementary Guidance - Flood Risk and Flood Risk Assessments
(adopted in 2021)
• Supplementary Guidance - Placemaking (adopted in 2020) 
Other Material Considerations 
PKC Non Statutory Guidance
13
• Planning Guidance - Planning & Biodiversity
• Conservation areas 
National Guidance 
14 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.

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Planning Advice Notes 
15 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 
National Roads Development Guide 2014 
16 This document supports Designing Streets and expands on its principles and is
the technical advice that should be followed in designing and approving of all
streets including parking provision. 
Consultations 
17 As part of the planning application process the following bodies were consulted: 
External 
18 Scottish Water 
19 No objection to proposal. 
20 Kinross Community Council 
21 Initial objection regarding loss of existing landscaping.  As a consequence, plans
were revised to retain landscaping, however the objection was maintained due to
position of security fence. 
Internal 
22 Environmental Health (Contaminated Land) 
23 No objection, informative required due to former uses. 
24 Transportation and Development 
25 No objection standard conditions required related to access type and turning
within site.   
26 Structures and Flooding 
27 No objection to proposal.

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28 Environmental Health (Noise Odour) 
29 No objection standard conditions related to operating times, noise and lighting. 
Representations 
30 3 representations were received (including the community council) The main
issues raised within the representations are: 
• Impact on planting on east boundary
• Impact on movement of wildlife 
• Move fencing so it’s not visible on the path
• Adverse effect on visual amenity
• Loss of trees
• Noise pollution
• Over intensive development 
31 These issues are addressed in the Appraisal section of the report. 
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
submitted 
APPRAISAL 
32 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. 
Principle 
33 The proposed site is within the settlement boundary of Kinross in a site zoned as
Employment Proposal (Core) E18 in the Local Development Plan (LDP). The

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applicable polices are Policy 26 Business and Industry of NPF4 and Policy 7
Employment and Mixed Used Areas of the LDP2.   
34 Policy 7A of the LDP2 identifies core business and industrial land which is
strategically important, and general business and industrial land where there is
more flexibility and potential for mixed uses.  This site is a core area which
seeks to retain these areas for Class 4, 5 and 6 uses.  The reason for this tiered
approach being that within PKC there are some employment areas which are
possibly suitable for mixed uses, and others which are in prime locations/of
higher amenity which need a stricter approach. 
35 NPF4 Policy 26 Business and Industry is the most up to date policy position and
criteria a) states that development proposals for business and industry uses on
sites allocated for those uses in the LDP will be supported. 
36 The proposal is for a Class 4, 5 & 6 use in a core business and industrial area
which is in compliance with NPF4 and LDP2. 
Design and Layout 
37 They site will be developed with two buildings each housing 3 light industrial
units. The individual units range from 101-111m2 in size. 
38 The units have each been designed with a vehicle access door, a pedestrian
access door within a glazed section of curtain walling and a service door/fire
escape at the rear.  All units have been designed with flexibility so that
separating walls can be removed to allow larger units to be created, and vehicle
access doors can be easily interchanged with curtain walling/pedestrian access
doors. 
39 The proposed buildings are well insulated, feature extensive arrays of
photovoltaic panels and are heated via air source heat pumps at the rear of each
unit. The fabric of the building has been selected in Alaska grey with feature
areas of hard-wearing timber cladding which will weather to a pale silver/grey.
The basecourse will be formed in an anthracite grey facing brick and all doors,
windows and curtain walling will be coloured to match the cladding and roof. 
40 The site has been designed to provide ample parking and accessible routes
throughout, bike storage facilities and EV chargers are also provided and bin
storage areas are conveniently sited for ease of use & collection. 
41 As such, there are no design and layout issues associated with this proposal,
and it complies with the above NPF4 and LDP2 policies.

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Residential Amenity 
42 The nearest residential properties are at Montgomery Way to the east of the
proposed units. The M90 and an existing showroom with workshop Class 4 are
to the west. 
43 There is no supporting information in relation to the hours of operation of the
proposed units.  Given that there are residential properties located to the east of
the site there is the potential for noise to affect the residential amenity of the
properties if the operating times are not restricted. (Condition 2) 
44 The applicant intends to install Mitsubishi Ecodan R32 Monobloc Air Source Heat
Pump to heat the units.  It is considered that given the distance attenuation to
neighbouring properties these levels should be achievable for airborne noise.
Environmental Health believe this can be adequately controlled by the standard
condition based on Noise Rating condition. (Condition 4) 
45 A Phase 1 report produced by Brownfield First Ltd, dated March 2022, was
submitted with a previous application on this site (22/00884/FLL).  The
investigation concluded there was no further investigations required although a
watching brief is recommended for the initial groundworks. An informative will be
added in this regard. 
46 As a consequence, the amenity of neighbouring properties is considered to be
protected in accordance with the content of the relevant polices of LDP2 and
NPF4.    
Roads and Access 
47 The vehicle access to the site from Macduff Road has already been formed. This
leads to Junction Road and the M90.  There is a turning head at the south end
of the site for refuse collection at the bin storage area. 
48 The access to the development is via gates at the site boundary with a clearly
defined route and access to parking.  The site will be entirely enclosed by
security fencing and gates to allow the site to be secured in the evenings and
overnight.  The internal site is to remain private and will not be maintained by the
Roads Authority.   
49 Parking will be provided on site for 28 vehicles, including 2 disabled bays and 4
EV charging bays.  Covered cycle storage for 10 bicycles will also be provided. 
50 As such, the current proposal is acceptable in terms of roads and access,
according with NPF4 Policy 13: Sustainable transport and LDP2 Policy 60B:
Transport Standards and Accessibility Requirements: New Development
Proposals.

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Drainage and Flooding 
51 The site will be connected to the mains for water and foul drainage.  SUDs are
proposed within the site, with surface water from building roofs to be piped to sub
base attenuation within the access road and car parking before a restricted
discharge into existing swale to the north west of the site. All roads & car parking
to be permeable block paving also draining into same sub base attenuation and
as above restricted discharge to an existing swale. 
52 As such, it is considered that the proposal accords with NPF4 Policy 22 Flood
risk and water management and LDP2 Water Environment and Drainage Policies
53B Foul Drainage, 53C Surface Water Drainage, and 53E Water Supply.  
Natural Heritage and Biodiversity 
53 The site is bound to the east by a footpath which lies out with the site and a
landscape buffer which is within.  The application initially proposed the removal
of the existing planting and replanting which was raised as a concern in letters of
representation and by the community council.   
54 The agent revised the plans to retain the existing mature planting, and this was
communicated to the Kinross CC. The community council reviewed the amended
plan but are minded to leave the objection in place. The reason was further
representation from a member of the public related to the security fence and
asked that the fence be further reviewed so that the fence is erected on the
inside of the trees leaving the existing tree line as a natural barrier between the
Montgomery Way path and the industrial units. They also raised a point about the
volume and variety of birds and other wildlife which live, nest and seek shelter in
those trees. Enclosing the line of trees within the development site, i.e. behind
the 2m high close link security fencing, isolates them from the raingarden and the
domestic gardens.   
55 The agent reviewed the feedback and reiterated the findings of Heritage
Ecological Limited in their Preliminary Ecological Appraisal.  Under section 3,
the impact of this development on birds and wildlife within the bank of trees as
well as on the site as a whole has been assessed and it is their intention to
implement all of the recommendations in section 5 which include bird nesting
features, hedgehog friendly fencing and tree protection during the duration of the
works. 
56 In this case hedgehogs will be able to move through, and birds fly over the fence. 
The position of the fence will not interfere with use of the path and is not
segregating the landscape strip as it is already isolated from other woodland. In
this case it is not considered necessary to relocate the fence to make the
development acceptable. 
57 The proposal is therefore considered to comply with the Policy 40 and 41 of LDP2
and Policy 3 and 6 of NPF4 in relation to trees and biodiversity.

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Low and Zero Carbon Generating Technologies 
58 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. 
59 The proposal includes heat pump systems, solar photovoltaics to ensure the
development minimises its carbon footprint. The proposal therefore complies with
the relevant policies. 
Developer Contributions 
60 There are no developer contributions applicable to this proposal. 
Economic Impact 
61 The economic impact will be in the business and employment opportunities. 
Variation of Application Under Section 32A 
62 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 landscaping scheme.   
Planning Obligations and Legal Agreements 
63 None required. 
Direction By Scottish Ministers 
64 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 
65 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

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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. The hours of operations shall be restricted to 0700 hours to 1900 hours daily. 
Reason - In order to safeguard the neighbouring residential amenity in the area. 
3. All external lighting shall be sufficiently screened and aligned so as to ensure that
there is no direct illumination of neighbouring land and that light spillage beyond
the boundaries of the site is minimised to a degree that it does not adversely
affect the amenity of the neighbouring land. 
Reason - In order to safeguard the residential amenity of the area. 
4. All plant or equipment shall be so enclosed, attenuated and/or maintained such
that any noise therefrom shall not exceed Noise Rating 35 between 0700 and
2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within
any neighbouring residential property, with all windows slightly open, when
measured and/ or calculated and plotted on a rating curve chart. 
Reason - In order to safeguard the neighbouring residential amenity in the area. 
5. 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. 
Reason - In the interests of road safety; to ensure an acceptable standard of
construction within the public road boundary. 
6. Prior to the development hereby approved being completed or brought into use,
turning facilities shall be provided within the site to enable all vehicles to enter
and leave in a forward-facing gear.

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Reason - In the interests of road safety; to ensure the provision of acceptable
manoeuvring space within the curtilage of the site to enable a vehicle to enter
and leave the site in forward gear. 
7. The conclusions and recommended action points within the supporting
biodiversity survey by Heritage Ecological Limited dated August 2025 submitted
and hereby approved (document(s) 12; relates) shall be fully adhered to,
respected and undertaken as part of the construction phase of development, to
the satisfaction of the Council as Planning Authority. 
Reason - In the interests of protecting environmental quality and of biodiversity. 
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 required 
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 is advised that in terms of Sections 56 of the Roads (Scotland) Act
1984 he/she/they must obtain from the Council, as Roads Authority, consent to
open an existing road or footway prior to the commencement of works. 
Information on junction types, requirements for Vehicular Access consents (VA1)
and application forms are available at www.pkc.gov.uk/vehicleaccess.  Advice
on the disposal of surface water should be sought at the initial stages of design
from Scottish Water and the Scottish Environment Protection Agency.

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5. The applicant is advised that, in terms of Sections 109 of the New Roads and
Street Works Act 1991, he/she/they must obtain consent from the Council, to
place, maintain or adjust apparatus in, or under a Road or remove apparatus
from a road.  Application forms are available at
https://www.pkc.gov.uk/article/14916/Road-and-footway-permits. 
6. 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 landscaping scheme.   
Background Papers
Letters of representation 3 
Authors
Name Designation Contact Details
Joanne Ferguson Planning Officer developmentmanagement@pkc.gov.uk 
Approved
Name Designation Date
Paul Williamson Team Leader (Local
Developments)
9 December 2025