25/01289/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. 26/7) 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.
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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.
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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:
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• 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.
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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
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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
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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
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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.
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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
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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
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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
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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