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landscaping, drainage and associated works (allocated site E18) 5 22/00884/FLL Full Planning Permission application was withdrawn on 24 August 2022 for Erection of 4 units (classes 1, 4 and 6), formation of parking, landscaping, and associated works (allocated site E18) Pre-Application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