Democracy Spraffa

25/01289/Fll

Perth and Kinross Council · 7 January 2026
Back to Planning and Placemaking Committee — 7 January 2026 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

Perth and Kinross Council 
Planning and Placemaking Committee - 7 January 2026 
Report of Handling by Development Management and Building Standards Service
Manager
(Report No. 26/7) 
Proposal: Upgrading and widening of footpath 
Location: Land 40 metres south west of The Pavilion, Ferry Road, Pitlochry, PH16
5DD 
Ref. No: 25/01289/FLL
Ward No: P4-Highland 
Summary 
This report recommends approval of the application as the development is
considered to comply with the relevant provisions of the Development Plan and there
are no material considerations apparent which outweigh the Development Plan. 
Background and Description of Proposal 
1 The proposal is for the upgrading and widening of a riverside footpath along the
River Tummel in Pitlochry. The path is an adopted core path (PRLY/56), running
between the Category B-listed Port-na-Craig Bridge (LB Reference: LB39858)
and the Category A-listed Pitlochry Dam (LB Reference: LB47534). The
proposed works include widening sections of the path where required and
resurfacing to provide an improved accessible route. Additionally, the proposal
incorporates the installation of a picnic table, positioned adjacent to the path, to
enhance recreational opportunities for visitors. The path is to be 2 metres wide
and finished with ‘Flexipave’ alongside a 50mm wide concrete kerb (with no kerb
constructed when adjacent to root protection areas of adjacent trees). 
2 The site is allocated as ‘open space’ within the LDP proposals map. 
Site History 
3 No relevant site history.

Page 2

Pre-Application Consultation 
4 Pre application Reference: No formal pre-application consultation was
undertaken.  
5 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 
6 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 
7 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. 
8 The Council’s assessment of this application has considered the following
policies of NPF4: 
• Policy 3: Biodiversity
• Policy 4: Natural Places
• Policy 6: Forestry, Woodland and Trees
• Policy 7: Historic Assets and Places
• Policy 13: Sustainable Transport
• Policy 14: Design, Quality and Place
• Policy 21: Play, Recreation and Sport 
• Policy 22: Flood Risk and Water Management
• Policy 23: Health and Safety
• Policy 30: Tourism 
Perth and Kinross Local Development Plan 2019 
9 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.

Page 3

10 The principal relevant policies are, in summary; 
• Policy 1A: Placemaking
• Policy 1B: Placemaking
• Policy 14A: Open Space Retention and Provision: Existing Areas
• Policy 15: Public Access
• Policy 17: Residential Areas
• Policy 27A: Listed Buildings
• Policy 38A: Environment and Conservation: International Nature
Conservation Sites
• Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and
Development
• Policy 41: Biodiversity
• Policy 47: River Tay Catchment Area 
• Policy 52: New Development and Flooding 
• Policy 53A: Water Environment and Drainage: Water Environment
• Policy 53C: Water Environment and Drainage: Surface Water Drainage 
• Policy 60A: Transport Standards and Accessibility Requirements: Existing
Infrastructure
• Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposal 
Statutory Supplementary Guidance 
• Supplementary Guidance - Placemaking (adopted in 2020) 
Other Material Considerations 
PKC Non-Statutory Guidance 
• Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC
and the River Tay SAC
• Planning Guidance - Planning & Biodiversity 
National Guidance 
11 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 
12 The following Scottish Government Planning Advice Notes (PANs) and Guidance
Documents are of relevance to the proposal:

Page 4

• PAN 51 Planning, Environmental Protection and Regulation
• PAN 68 Design Statements
• PAN 77 Designing Safer Places 
Creating Places 2013 
13 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. 
National Roads Development Guide 2014 
14 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 
15 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. There are no Local Place Plans currently adopted for the area. 
Consultations 
16 As part of the planning application process the following bodies were consulted: 
External 
17 Pitlochry & Moulin Community Council (PMCC) - Objection. The concerns
raised include a lack of community consultation and inadequate notification to
affected landowners. PMCC consider the development to represent an unjustified
change of use of public green space. Further issues have been highlighted
regarding safety, drainage, and the suitability of the proposed surface materials.
It is also argued that the proposal would have an adverse impact on residential
amenity and that it conflicts with both local and national planning policy. 
Internal 
18 Structures & Flooding - No objection. 
19 Conservation - No objection. The proposed footpath improvements do not raise
any concerns in relation to the setting of the listed bridges. Should the application
be approved, appropriate conditions should be attached to ensure that trees
adjacent to the path are protected in the course of works and thereafter.

Page 5

20 Community Greenspace - No comments received. 
Representations 
21 14 letters of objections and 6 letters of support were received. The main issues
raised within the representations are: 
Letter of Objections 
• Loss of the area’s character and increased disturbance from higher footfall. 
• Privacy concerns for properties backing onto the path.
• Increased litter and no provision for bins or regular collection. 
• No toilet facilities, leading to fears of continued or increased use of woodland
as informal toilets. 
• Potential road safety issues and parking congestion in Tummel Crescent,
which is a narrow cul-de-sac. 
• Concerns about the proposed surface being slippery in wet/icy conditions
and poor for drainage. 
• Negative impact on biodiversity 
Letters of Support 
• Improving accessibility, including those with mobility challenges.
• Enhances recreational opportunities by providing picnic table.
• Encourages more visitors and promotes outdoor activity.
• Potential to improve path condition and drainage in certain sections. 
22 The following issues are not defined as ‘material’ planning considerations: 
• Ownership disputes/ alleged encroachment onto private land.
• Speculation about potential anti-social behaviour.
• Existing accessible facilities already available nearby at the Dam Visitor
Centre and other locations.
• Individual inconvenience or personal expectations when buying property that
area would remain “untouched”.
• Criticism of applicant’s process or motives / lack of consultation with
residents and affected landowners prior to submission. 
Additional Statements 
Screening Opinion EIA not required 
Environmental Impact Assessment (EIA):
Environmental Report
not applicable 
Appropriate Assessment under Habitats
Regulations
AA not required

Page 6

Design Statement or Design and Access
Statement
not required 
Report on Impact or Potential Impact eg
Flood Risk Assessment
not required 
Appraisal 
23 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as
amended) require the determination of the proposal to be made in accordance
with the provisions of the Development Plan, unless material considerations
indicate otherwise.  The Development Plan comprises NPF4, the Perth and
Kinross Local Development Plan 2019 and statutory supplementary guidance.
The relevant policy considerations are outlined in the policy section above and
are considered in more detail below.  In terms of other material considerations,
this involves considerations of the Council’s other approved policies and
supplementary guidance as outlined above.   
24 In this instance, section 14(2) of the Planning (Listed Buildings and Conservation
Areas) (Scotland) Act 1997 places a duty on planning authorities in determining
such an application as this to have special regard to the desirability of preserving
the building or its setting or any features of special architectural or historic
interest which it possesses.   
25 The determining issues in this case are whether; the proposal complies with
development plan policy; or if there are any other material considerations which
justify a departure from policy. 
Principle 
26 NPF4 Policy 13 (Sustainable Transport) states that proposals to improve,
enhance or provide active travel infrastructure will be supported. 
27 NPF4 Policy 21 (Play, Recreation and Sport) generally seeks to encourage,
promote and facilitate spaces for opportunities for play, recreation and sport. 
28 NPF4 Policy 23 (Health and Safety) seeks to promote and facilitate development
that improves health and wellbeing. This could include, for example, proposals
that incorporate opportunities for exercise. 
29 NPF4 Policy 30 (Tourism) states proposals for tourism related development will
take into account accessibility for disabled people. 
30 The principle for recreation infrastructure is also evident in Perth and Kinross
Local Development Plan 2019 (LDP2) with Policy 14 (Open Space Retention and
Provision), specifically 14A which relates to existing areas. Similarly to NPF4
Policy 21, this policy outlines development proposals that result in the loss of

Page 7

these areas will generally not be permitted, except when the development is
ancillary to the site's recreational use, involves only a minor portion without
affecting its overall use, replaces the lost facility with one of comparable or
greater benefit. 
31 Furthermore, LDP2 Policy 15 (Public Access) states that development proposals
that would have an adverse impact upon the integrity of any (proposed) core
path, disused railway line, asserted right of way or other well-used route and
connectivity proposals identified in the Regional Transport Strategy and Delivery
Plan will not be permitted. Development proposals that would affect
unreasonably public access rights to these features will not be permitted unless
these adverse impacts are adequately addressed in the plans and suitable
alternative provision is made. 
32 The principle of upgrading and widening an existing adopted core path is
considered to be acceptable. This development will facilitate improvements to the
existing core path network and provide an accessible and more inclusive route,
particularly for those with mobility challenges. Overall, the proposal considered to
fully comply with the NPF4 and LDP2 policies outlined above.   
Visual Impact/Conservation Considerations 
33 NPF4 Policy 7 (Historic Assets and Places) states development proposals
affecting the setting of a listed building should preserve its character, and its
special architectural or historic interest. 
34 The proposed works are on the north bank of the River Tummel between the
Category B-listed Port-na-Craig Bridge (LB Reference: LB39858) , and the
Category A-listed Pitlochry Dam (LB Reference: LB47534. The proposed
footpath improvements do not raise any concerns in relation to the setting of the
listed structures given the alterations being to an existing route. 
Residential Amenity 
35 LDP2 Policy 17 (Residential Areas) identifies areas of residential and compatible
uses inside settlement boundaries where existing residential amenity will be
protected and, where possible, improved. 
36 A number of the representations have raised concerns relating to the loss of the
area’s character and increased disturbance from higher footfall; privacy concerns
for properties backing onto the path; increased litter and no provision for bins or
regular collection; and no toilet facilities, leading to fears of use of nearby
woodland as informal toilets. 
37 The widening and upgrading of an existing path, along with the addition of a
picnic bench, is not considered to constitute a significant intensification of the

Page 8

existing land use as an open space designation/core path route and is therefore
unlikely to have a detrimental impact on residential amenity. While the proposal
does not warrant the inclusion of toilet facilities, a condition has been
recommended requiring that, prior to the commencement of development, that
details are submitted demonstrating the provision of litter bins adjacent to the
picnic table and along the path route (Condition 4).  Notwithstanding, an anti-
social behaviour is ultimately a matter for Police Scotland. 
Roads and Access 
38 As stated above, the proposed development will facilitate improvements to the
existing core path network and provide an accessible and more inclusive route,
particularly for those with mobility challenges. Furthermore, the proposal is
unlikely to significantly increase parking demand, given the ample parking
provision available at Pavilion Recreation Ground and Ferry Road car park. 
39 Some representations have stated that the proposed surfacing material
(Flexipave) may become slippery or icy during colder conditions. It is considered
that the proposed surfacing material’s porous and non-slip design allows water to
drain through the surface into the sub-base, which reduces ice-build-up and
therefore improves traction for walkers, as a result it is unlikely to pose a
significant risk to pedestrian safety. The proposal is therefore in accordance with
Policy 13 Accessibility of NPF4 and Policy 60 Transport standards and
accessibility requirements of LDP2. 
Drainage and Flooding 
40 According to SEPA flooding maps, sections of the application site are at medium-
high risk of river flooding and future medium risk of river fooding. Structures and
Flooding were consulted and had no objections to the proposal. Representations
have raised that the proposed surfacing material (Flexipave) may create
drainage issues along the route. As stated above, the proposed surfacing
material is porous which allows for adequate water drainage. 
Natural Heritage and Biodiversity 
41 NPF4 Policy 3 (Biodiversity) states proposals for local development will include
appropriate measures to conserve, restore and enhance biodiversity.   
42 NPF4 Policy 6 (Forestry, Woodland and Trees) states development proposals
that enhance, expand and improve woodland and tree cover will be supported. 
43 The path is in close proximity to a number of trees whose root protection areas
(RPA) have the potential to be affected by construction works. The proposal will
utilise a tree root protection cellular confinement system (web cells) to help
mitigate potential damage to existing tree roots when the path encounters roots.

Page 9

Furthermore, it is acknowledged that trees in this part of Pitlochry are likely to
form part of ancient woodland. However, given the construction methodology and
the absence of any felling, the proposal is not considered to have a detrimental
impact on ancient woodland inventory.  Notwithstanding the above, a condition
has been recommended relating to protection measures for RPAs during
construction (Condition 3). 
44 In terms of biodiversity, the proposals will result in the loss of a small grassed
area, which is not considered substantial and is relatively species-poor. 
45 A further condition includes the submission of detailed Construction Method
Statement (CMS) identifying measures to prevent harmful materials entering the
River Tay SAC, which could reduce water quality and lead to a damaging impact
on the salmon, otter and lamprey interests (Condition 2). 
Developer Contributions 
46 The Developer Contributions Guidance is not applicable to this application and
therefore no contributions are required in this instance. 
Economic Impact 
47 The economic impact of the proposal is likely to be minimal and limited to the
construction phase of the development.  
Variation of Application Under Section 32A 
48 This application was not varied prior to determination, in accordance with the
terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as
amended. 
Planning Obligations and Legal Agreements 
49 None required. 
Direction By Scottish Ministers 
50 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 
51 To conclude, the application must be determined in accordance with the
Development Plan unless material considerations indicate otherwise. In this

Page 10

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. Development shall not commence until a detailed Construction Method
Statement (CMS) has been submitted to and approved in writing by the Council
as Planning Authority.  The CMS must identify measures to prevent harmful
materials entering the River Tay SAC, which could reduce water quality and lead
to a damaging impact on the salmon, otter and lamprey interests.  The CMS
should include the following: 
a. pollution prevention safeguards including surface water drainage
arrangements and the possible use of siltation traps, settlement tanks and
bunds
b. storage and disposal of materials including the siting of stock piles, use of
buffer strips and disposal methods 
c. construction site facilities including extent and location of construction site
huts, vehicles, equipment, fuel, chemicals and materials compound 
d. timing, duration and phasing of construction particularly in relation to salmon
and lamprey migration/spawning. 
e. measures to cater for waste water during construction 
The CMS and mitigations as agreed shall be fully implemented as part of the
planning permission. 
Reason - In order to ensure the development does not impact negatively on the
nearby Special Area of Conservation. 
3. Prior to the commencement of any works on site, all trees on site and those
which have Root Protection Areas which fall within the site shall be retained and

Page 11

protected. Protection methods shall be strictly in accordance with BS 5837 2012:
Trees in Relation to Design, Demolition and Construction.  Protection measures,
once in place, shall remain in place for the duration of construction. 
Reason - In the interests of protecting environmental quality and of biodiversity. 
4. Prior to the commencement of the development hereby approved, the developer
shall submit for the written agreement of the Council as Planning Authority, the
specification and location of litter bins adjacent to the picnic table area and along
the path route. 
Reason - In the interests of protecting environmental quality and neighbouring
residential amenity. 
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 
Not applicable. 
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. The fee for the submission of this application for planning permission has been
reduced as the development has the primary purpose of contribution to a not for
profit enterprise or a social enterprise and is likely to contribute to improving the
health of residents in the area. 
4. The presence of protected species, and the extent to which they could be
affected by the proposed development, should be established before works
commence.  Should protected species be identified within the site the developer

Page 12

should ensure that all appropriate measures required to comply with the relevant
legislation are carried out. 
5. Existing trees may contain nesting birds between 1st March and 31st August
inclusive.  The applicant is reminded that, under the Wildlife and Countryside Act
1981, as amended (section 1), it is an offence to remove, damage or destroy the
nest of any wild bird while that nest is in use or being built.  Planning permission
for a development does not provide a defence against prosecution under this Act. 
6. Note that if there is any proposal to alter a route of an existing core path or right
of way a further legal procedure is required. The granting of planning permission
does not stop the continued right of public access along the existing core path or
right of way. An order under the Town and Country Planning (Scotland) Act 1997,
Section 208 or an amendment of the Core Path Plan under the Land Reform
(Scotland) Act 2003 should be sought. 
7. 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. 
Background Papers
Letters of representation 22 
Authors
Name Designation Contact Details
Adam Cairns Planning Officer developmentmanagement@pkc.gov.uk 
Approved
Name Designation Date
Paul Williamson Team Leader (Local
Developments)
8 December 2025