Agenda Document Pack - Planning and Placemaking Committee - 07/01/2026
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.
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Ambition | Compassion | Integrity Our vision is for a Perth and Kinross where everyone can live life well, free from poverty and inequality Council Building 2 High Street Perth PH1 5PH 22/12/2025 A hybrid meeting of the Planning and Placemaking Committee will be held in the Council Chamber on Wednesday, 07 January 2026 at 09:30. If you have any queries please contact Democratic Services on (01738) 475000 or email Committee@pkc.gov.uk. THOMAS GLEN Chief Executive Those attending the meeting are requested to ensure that all notifications are silent on their device and other devices are in silent mode. Please note that the meeting will be broadcast online and recorded. The recording will be publicly available on the Council’s website following the meeting. Members: Councillor Ian Massie (Convener) Councillor Grant Stewart (Vice-Convener) Councillor Keith Allan Councillor Bob Brawn Councillor Dave Cuthbert Councillor Ken Harvey Councillor David Illingworth Councillor Ian James Bailie Claire McLaren Councillor Richard Watters Bailie Mike Williamson Page 1 of 216
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Planning and Placemaking Committee Wednesday, 07 January 2026 Agenda Members are reminded of their obligation to declare any financial or non- financial interest which they may have in any item on this agenda in accordance with the councillors’ code of conduct. 1 WELCOME AND APOLOGIES/SUBSTITUTES 2 DECLARATIONS OF INTEREST 3 MINUTE OF MEETING OF THE PLANNING AND PLACEMAKING COMMITTEE OF 3 DECEMBER 2025 FOR APPROVAL (copy herewith) 5 - 62 4 DEPUTATIONS 5 APPLICATIONS FOR DETERMINATION 5(1) S36 CONSULTATIONS 5(1)(i) 25/00899/ECU36 - CONSTRUCTION OF 19 WIND TURBINES AND ASSOCIATED INFRASTRUCTURE (GLEN LEDNOCK WIND FARM) ECU00004966, LAND 4800 METRES NORTH OF ST SERFS CHURCH, COMRIE, CRIEFF, PH6 2EA Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/1) 63 - 84 5(2) MAJOR APPLICATIONS 5(2)(i) 25/00609/FLM - ERECTION OF 83 AFFORDABLE DWELLINGHOUSES AND 20 AFFORDABLE FLATS, ASSOCIATED INFRASTRUCTURE AND LANDSCAPING, LAND 90 METRES EAST OF WESTFIELDS OF RATTRAY, BALMORAL ROAD, RATTRAY, BLAIRGOWRIE, PH10 7HY Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/2) 85 - 116 Page 3 of 216
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5(3) LOCAL APPLICATIONS 5(3)(i) 24/01857/FLL - ERECTION OF A DWELLINGHOUSE AND ASSOCIATED WORKS (REVISED PROPOSAL), LAND 40 METRES EAST OF ANEMONE, BALNASKEAG, KENMORE, ABERFELDY, PH15 2HB Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/3) 117 - 140 5(3)(ii) 25/00572/FLL - ERECTION OF 26 DWELLINGHOUSES, FORMATION OF ROAD AND FOOTPATH, INSTALLATION OF AIR SOURCE HEAT PUMPS, LANDSCAPING AND ASSOCIATED WORKS (REVISED PROPOSAL), LAND AT WESTER TOMAKNOCK, CRIEFF Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/4) 141 - 170 5(3)(iii) 25/01082/FLL - ERECTION OF 6 INDUSTRIAL UNITS (CLASSES 4, 5 AND 5), FORMATION OF PARKING AREA, INSTALLATION OF EV CHARGING POINTS, AIR SOURCE HEAT PUMP AND ASSOCIATED WORKS, 3 MACDUFF PLACE, KINROSS, KY13 8FU Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/5) 171 - 186 5(3)(iv) 25/01217/FLL - ALTERATIONS, EXTENSION AND SUBDIVISION OF RETAIL UNIT TO FORM 2 RETAIL UNITS, 16-18 COUNTY PLACE, PERTH, PH2 8EE Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/6) 187 - 200 5(3)(v) 25/01289/FLL - UPGRADING AND WIDENING OF FOOTPATH, LAND 40 METRES SOUTH WEST OF THE PAVILION, FERRY ROAD, PITLOCHRY, PH16 5DD Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/7) 201 - 216 Page 4 of 216
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Planning and Placemaking Committee Minute of hybrid meeting of the Planning and Placemaking Committee held in the Council Chambers, 2 High Street, Perth, on Wednesday 3 December 2025 at 9.30am. Present: Councillors I Massie, G Stewart, K Allan, B Brawn, D Cuthbert, K Harvey D Illingworth, I James, I MacPherson (substituting for Councillor R Watters), Bailie C McLaren, and Bailie M Williamson. In Attendance: L McLean, S Panton, L Reid, K Smith, N Sworowski and P Williamson (all Economy, Development and Planning); A Brown, G Fogg, M Pasternak (all Legal and Governance). Apologies: Councillor R Watters. Councillor I Massie, Convener, Presiding. 1. Welcome and Apologies The Convener welcomed everyone present to the meeting and noted apologies as above. 2. Declarations of Interest There were no Declarations of Interest made in terms of the Councillors Code of Conduct. 3. Minutes The minute of meeting of the Planning and Placemaking Committee of 8 October 2025 was submitted and approved as a correct record. 4. Deputations In terms of Standing Order 13, the Committee agreed to hear deputations in relation to the following planning applications: Planning Application No. Item No. 25/00793/FLL 5(3)(i) 24/00800/FLL 5(3)(iii) 25/01420/FLL 5(3)(iv) 25/00928/IPL 5(3)(v) 3 Page 5 of 216
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5. Applications For Determination (1) Section 36 Consultations (i) 24/00716/ECU36 - The proposed Brunt Hill Wind Farm development comprises 13 turbines (of which 7 wind turbines have a ground to blade tip height up to 200 metres and 6 wind turbines have a ground to blade tip height up to 185m) and battery energy storage system (BESS) (up to 50MW) and associated infrastructure (as amended) (ECU00004654), land 2km north-west of Westfield Cottage, Carnbo, Kinross, KY13 0NT (Report No. 25/337) Motion (Councillors I Massie and G Stewart) Offer no objection to the proposal and request the imposition of the following suggested conditions: Suggested Conditions Commencement of Development 1. The Development must be commenced no later than 3 years from the date of this planning permission. Written confirmation of the intended date of Commencement of Development shall be provided to the Planning Authority no later than one calendar month before that date. Reason - Section 58 of the Town and Country Planning (Scotland) Act 1997 requires a condition to be attached to permissions limiting their duration. Three years is the default period set by law and there is no material reason indicating that a different period should be set. Design of Wind Turbines 2. No turbines shall be erected until details and specification of the proposed wind turbines (including the size, make and model, power rating and sound power levels, nameplate generating capacity, type, external finish and colour) and all turbine associated apparatus have been submitted to and approved in writing by the Planning Authority. The submission shall demonstrate that all wind turbine blades shall rotate in the same direction. Thereafter the wind turbines and all associated apparatus shall be constructed and operated in accordance with the details approved under part (1) and shall be maintained in the free from external rust, staining or discolouration, until such time as the Development is decommissioned. Reason - To ensure that the environmental impacts of the turbines forming part of the Development conform to the impacts assessed in the EIA Report and in the interests of the visual amenity of the area. Page 6 of 216
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Design of Sub-station and ancillary development 3. There shall be no Commencement of Development of the sub-station until final details of its location, layout, external appearance, dimensions, and surface materials, and control room buildings, any above ground electrical equipment, associated compounds, construction compound, boundary fencing, external lighting and parking areas have been submitted to, and approved in writing by, the Planning Authority. Thereafter, the substation and control room buildings, any above ground electrical equipment, associated compounds, fencing, external lighting and parking areas shall be constructed in accordance with the details approved under part (1). Reason - To ensure that the environmental impacts of the sub-station and ancillary development forming part of the Development conform to the impacts assessed in the EIA Report and in the interests of the visual amenity of the area. Design of Energy Storage Facility 4. There shall be no Commencement of Development on the energy storage facility until details of the location, layout, external finishes and appearance, dimensions and surface materials of the energy storage facility, inclusive of battery containers, substation(s), control buildings, external above ground electrical equipment, associated compounds, construction compound, boundary fencing and other enclosures, external lighting, security cameras and parking areas have been submitted to, and approved in writing by, the Planning Authority. For the avoidance of doubt the details of the energy storage facility shall not exceed the parameters assessed in the EIA Report. Thereafter, the battery energy storage facility shall be constructed in accordance with the details approved under part (1) and the infrastructure shall be maintained in the approved colour, free from rust, staining or discolouration until such time as the Development is decommissioned. Reason - To ensure that the environmental impacts of the energy storage facility forming part of the Development conform to the impacts assessed in the EIA Report and in the interests of the visual amenity of the area. Signage 5. No part of the Development shall display any text, logo, sign or advertisement (other than health and safety signage as required by law) or be illuminated (with the exception of aviation safety lighting). Reason - In the interests of health and safety on site and the visual amenity of the area. Micro-siting 6. All wind turbines, buildings, areas of hardstanding, associated infrastructure and tracks shall be constructed Page 7 of 216
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in the locations shown on plan reference Volume 3a, Figure 3.1 Revised Proposed Development read in conjunction with Volume 2, Chapter 3 - Description of Proposed Development of the Additional Information Report. The locations of wind turbines, buildings, areas of hardstanding and tracks may be adjusted by micro-siting within the redline boundary shown on plan reference Figure 3.1 Revised Proposed Development of the Additional Information Report. Any such micro-siting is subject to the following restrictions unless otherwise approved in advance in writing by the Planning Authority: (a) no wind turbine, building, hardstanding or access track shall be moved more than 50m from the position shown on Figure 3.1 Revised Proposed Development of the Additional Information Report and at the grid references set out in Volume 2, Chapter 3 of the AI Report; (b) No micro-siting shall take place with the result that infrastructure (excluding floating tracks or hardstanding) has a greater overall impact on peat than the original location; (c) no infrastructure other than as required for a water course crossing or water crossing upgrading works shall be microsited to within 50 metres of a water course; (d) No wind turbine foundation shall be positioned higher than 5m Above Ordnance Datum (AOD) than the position for that turbine shown at the grid references set out in Volume 2, Chapter 3 of the AI Report. (e) no micro-siting shall take place which will bring the wind turbine blade tips closer than 50m stand-off distance to high-value bat habitat. All micro-siting permissible under this condition shall be submitted to, and approved in writing by, the Environmental Clerk of Works (ECoW) in advance of any works or development associated with the micrositing request being implemented. No later than three months after the Date of Final Commissioning, an updated site layout plan showing the final position of all wind turbines, buildings, areas of hardstanding, tracks and associated infrastructure forming part of the Development shall be submitted to the Planning Authority. The plan shall also specify areas where micrositing has taken place and, for each instance, be accompanied by copies of the ECoW or Planning Authority’s approval, as applicable. Reason - to control environmental impacts while taking account of local ground conditions. Planning Monitoring Officer 7. There shall be no Commencement of Development until the terms of appointment by the developer of an Page 8 of 216
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independent and suitably qualified consultant as Planning Monitoring Officer (PMO) have been submitted to, and approved in writing by, the Planning Authority. The terms of appointment shall: (a) impose a duty to monitor compliance with the terms of the planning permission and the conditions attached to it; (b) require the PMO to submit a monthly report to the Planning Authority summarising works undertaken on site, matters of compliance or otherwise with the terms of the planning permission and conditions attached to it, alongside a summary of the incidents recorded and reported by the ECoW; and (c) require the PMO to report to the Planning Authority any incidences of non-compliance with the terms and conditions of the planning permission at the earliest practical opportunity, and no later than 10 working days following the incidence of non- compliance. The PMO shall be appointed on the approved terms throughout the period from Commencement of Development to completion of construction works and post-construction site reinstatement works. Prior to the decommissioning, restoration and aftercare phases of the Development or the expiration of the operational period of the planning permission (whichever is the earlier), details of the terms of appointment of a suitably qualified consultant as PMO by the Company/operator throughout the decommissioning, restoration and aftercare phases of the Development shall be submitted to, and approved in writing by the Planning Authority. The PMO shall be appointed on the terms approved under part (3) throughout the decommissioning, restoration and aftercare phases of the Development. Reason - To ensure compliance with the planning permission and the conditions attached to it. Environmental Clerk of Works 8. There shall be no Commencement of Development until the terms of appointment of an independent Environmental Clerk of Works (ECoW) have been submitted to, and approved in writing by, the Planning Authority. The terms of appointment shall: (a) impose a duty to monitor compliance with the environmental commitments provided in the EIA Report, including any micrositing under condition 5, the Construction and Environmental Management Plan approved under condition 9, the Biodiversity Enhancement Plan approved under condition 15, the Habitat Management and Monitoring Plan under Condition 16 and any Page 9 of 216
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species or habitat management plans identified in the EIA Report, (“the ECoW works”); (b) require the ECoW to report to the nominated construction project manager, developer and Planning Authority any incidences of non- compliance with the ECoW works at the earliest practical opportunity; (c) require the ECoW to submit a monthly report to the construction project manager, developer and Planning Authority summarising works undertaken on site. Prior to the decommissioning, restoration and aftercare phases of the Development or the expiration of the operational period of the planning permission (whichever is the earlier), details of the terms of appointment of a suitably qualified, experienced, and independent ECoW by the Company throughout the decommissioning, restoration and aftercare phases of the Development shall be submitted to, and approved in writing by the Planning Authority. The ECoW shall be appointed on the terms approved under part (2) throughout the decommissioning, restoration and aftercare phases of the Development. Reason - To secure effective and transparent monitoring of and compliance with the environmental mitigation and management measures associated with the Development during the construction, decommissioning, restoration and aftercare phases. Construction and Environmental Management Plan 9. There shall be no Commencement of Development until a Construction and Environmental Management Plan (CEMP) containing site specific details of all on-site construction works, post-construction reinstatement, drainage and mitigation, together with details of their timetabling, has been submitted to, and approved in writing by, the Planning Authority. The CEMP shall be informed by the site and ground investigation works and best practice guidance. The CEMP shall include: (a) a site waste management plan (dealing with all aspects of waste produced during the construction period other than peat and other carbon rich soils), including details of contingency planning in the event of accidental release of materials which could cause harm to the environment, evidencing adherence with SEPA’s guidance and the requirements of the waste management licensing regime as appropriate; (b) details of the location, layout, formation of the construction compound, welfare facilities, any concrete batching plant (including disposal of pH- rich waste water and substances), any areas of Page 10 of 216
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hardstanding, turning areas, internal access tracks, car parking, material stockpiles, oil, fuel and chemical storage, lighting columns, and any construction compound boundary fencing required for the construction period; (c) a dust management plan detailing all mitigation/dust suppression measures intended to reduce the impacts of dust on site, including measures to reduce dust on roads; (d) details of measures to be taken to prevent loose or deleterious material being deposited on the local road network including wheel cleaning and lorry sheeting facilities, and measures to clean the site entrances and the adjacent local road network; (e) a Pollution Prevention and Incident Plan incorporating a Pollution Prevention Plan, Pollution Incident Plan and a Pollution Control Monitoring Plan, with measures to protect watercourses, groundwater, management of natural surface hydrological flows (flushes, springs, etc.) and protection of peatland/soils, arrangements for the storage and management of oil and fuel and other chemicals on the site and sewage disposal and treatment; (f) details of soil storage and management including outline quantities, locations (other than peat and other carbon rich soils) management of long term storage of construction generated to facilitate future site restoration; (g) a drainage management strategy, demonstrating how all surface and waste water arising during and after construction is to be managed and prevented from impacting on the water environment and to mitigate flood risk; (h) a surface water and groundwater management and treatment plan, including details of the separation of clean and dirty water drains, and location of settlement lagoons for silt laden water; (i) details of temporary site illumination, including measures to ensure light spill/pollution is minimised and avoids habitats within the site and does not extend beyond the immediate working area, and not beyond the site boundary; (j) Protected Species Plan, informed by any protected species surveys carried out. The Plan shall provide mitigation measures in line with Summary of Mitigation, as required, and a timetable for implementation. (k) details of the construction of the access into the site, including associated drainage and the creation and maintenance of associated visibility splays; Page 11 of 216
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(l) Construction Method Statements for the following: i. crane pads; ii. turbine foundations; iii. working cable trenches; iv. erection of the wind turbines; v. Substation compound formation, erection of associated buildings and ancillary infrastructure; vi. all roads/tracks to be altered/formed within the site including their width, means of drainage (which shall have regard to SUDS principles), means of construction, and edge reinstatement including verge width. vii. watercourse crossings including full details and plans of the design and specification of all new and upgraded watercourse crossings to be constructed; (m) details of post-construction restoration/reinstatement of the working areas not required during the operation of the Development; (n) a tree felling and management plan; (o) A Construction Noise Management Plan including details of the management of noise and vibration during construction and post-construction restoration, including that caused by construction traffic, in accordance with BS 5228:2009 “Code of Practice for noise and vibration control on construction and open sites – Part 1: Noise and Part 2: Vibration” (or any updated version/document which superseded this document) and how any properties likely to be affected by construction noise will be kept informed; (p) Construction Method Statements for all roads/tracks to be altered/formed within the development site including their width, likelihood of widening or passing places, means of drainage (which shall have regard to SUDS principles), means of construction, and edge reinstatement including verge width. The specification shall be accompanied by relevant plans at a scale sufficient; (q) the cable trenches; (r) A phasing plan for the construction works; and (s) A written scheme which details the methodology for dealing with any revisions to any of the documents required under this part (2). Any revised documents will require to be submitted to and approved in writing by the Planning Authority prior to the revisions being implemented on site. The Development shall be implemented in accordance with the CEMP approved under part (1) unless otherwise approved in advance in writing by the Planning Authority. Reason - To ensure that all construction operations are carried out in a manner that minimises their impact on Page 12 of 216
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road safety, amenity and the environment, and that the mitigation measures contained in the EIA Report Borrow Pits – Scheme of Works 10. There shall be no Commencement of Development until a scheme for the working and restoration of each borrow pit forming part of the Development has been submitted to, and approved in writing by, the Planning Authority. The scheme shall provide: (a) a detailed working method statement based on site survey information and ground investigations; (b) details of the handling of any overburden (including peat, soil and rock); (c) drainage measures, including measures to protect and manage surrounding areas of peatland, water dependant sensitive habitats and ground water dependent terrestrial ecosystems from drying out; (d) a programme of implementation of the works described in the scheme; and (e) Outline details of the reinstatement, restoration and aftercare of the borrow pit(s) to be undertaken at the end of the construction period, including topographic surveys of pre-construction profiles and details of topographical surveys to be undertaken of the restored borrow pit profiles. The scheme approved under part (1) shall thereafter be implemented in full following Commencement of Development. Reason - To ensure that excavation of materials from the borrow pit(s) is carried out in a manner that minimises the impact on amenity and the environment, and to secure the restoration of borrow pit(s) at the end of the construction period. Borrow Pits – Blasting 11. No blasting shall take place until a scheme specifying blast monitoring locations is submitted to and approved in writing by the Planning Authority. Ground vibration from blasting shall not exceed a peak particle velocity of 6mm/second at the blasting monitoring locations approved in the scheme. The measurement is to be the maximum of three mutually perpendicular directions taken at the ground surface. Unless otherwise approved in writing in advance by the Planning Authority, blasting shall only take place between the hours of 10.00 to 16.00 on Monday to Friday inclusive and 10.00 to 12.00 on Saturdays, with no blasting taking place on a Sunday or on a Public Holiday. The scheme shall be implemented as approved. Reason - To ensure that blasting activity is carried out within defined parameters and timescales to control impact on amenity. Page 13 of 216
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Construction Hours 12. Construction work shall only take place between the hours of 07.00 to 18.00 on Monday to Friday inclusive and 07.00 to 13.00 on Saturdays, with no construction work taking place on a Sunday or Public Holiday. Outwith these specified hours, maintenance works, emergency works and construction works shall be limited to concrete pours, wind turbine erection, dust suppression, and the testing of plant and equipment, unless otherwise approved in advance in writing by the Planning Authority. HGV movements (excluding abnormal loads) to or from the site during construction of the wind farm shall be limited to 07.00 to 18.00 Monday to Friday (inclusive), and 07.00 to 13.00 on Saturdays, with no HGV movements to or from site taking place on a Sunday or Public Holiday. Outwith these hours, and subject to paragraph (1), HGV movements are to be limited to wind turbine delivery (unless otherwise approved in advance in writing by the Planning Authority). Reason - In the interests of local amenity. Traffic Management Plan 13. There shall be no Commencement of Development until a Construction Traffic Management Plan (CTMP) has been submitted to, and approved in writing by, the Planning Authority. The CTMP shall provide: (a) the routeing of all traffic associated with the Development on public roads; (b) measures to ensure that the specified routes are adhered to, including monitoring procedures; (c) details of all signage and lining arrangements to be put in place; (d) provisions for emergency vehicle access; (e) provision for the submission and agreement of a roads condition survey pre-and post-construction, to ensure the delivery of any post-construction public road restoration that may be required; and (f) identification of a nominated person to whom any road safety issues can be referred. The approved CTMP shall thereafter be implemented in full, unless otherwise approved in advance in writing by the Planning Authority. Reason - In the interests of road safety. Abnormal Loads 14. There shall be no abnormal load deliveries to the site until an Abnormal Load Route Assessment Report has been submitted to and approved in writing by the Planning Authority. The Abnormal Load Route Assessment Report shall provide: (a) Details of a communications strategy to inform the relevant communities of the programme of abnormal load deliveries; Page 14 of 216
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(b) Details of any accommodation measures required for the local road network including the removal of street furniture, junction widening, visibility splays and traffic management; (c) Any additional signing or temporary traffic control measures deemed necessary on the trunk road network due to the size or length of any loads being transported must be undertaken by a recognised QA traffic management consultant; (d) Details of the route for abnormal loads on the local and trunk road networks and any recommendations for delivery of abnormal loads; (e) An assessment of the capacity of any bridge crossings on the route to cater for abnormal loads, and details of proposed upgrades and mitigation measures required for any bridge crossings; and (f) A plan for access by vehicles carrying abnormal loads, including but not limited to the number and timing of deliveries and the length, width and axle configuration of all such traffic associated with the Development. Prior to the first delivery of an abnormal load, a programme for abnormal load deliveries shall be submitted to, and be approved in writing by, the Planning Authority. Prior to any movement of abnormal loads (including trial runs) the Company must complete any mitigation works set out in in the scheme approved under part (1) of this condition, and maintain such measures during the period of abnormal load deliveries. The trial-run shall be undertaken in accordance with the details approved under part (1) prior to the movement of any abnormal loads. The details in the approved report shall thereafter be implemented in full prior to the first delivery of an abnormal load. Reason - In the interest of road safety and to ensure that abnormal loads access the site in a safe manner. Vehicular Access 15. No development in connection with the permission hereby granted shall commence unless the vehicular access has been provided and surfaced in accordance with Perth & Kinross Council's Road Development Guide Type E Figure 5.8 access detail, of Type B Road construction detail. The Type B Road construction detail shall continue into the entrance for a distance of 10.5 metres. Once provided, the vehicular and pedestrian access shall thereafter be permanently retained as such. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. Page 15 of 216
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Biodiversity Enhancement Plan 16. There shall be no Commencement of Development until a Biodiversity Enhancement Plan (BEP) taking account of the Outline BEP (Technical Appendix 9.4 of the EIA Report), has been submitted to, and approved in writing by, the Planning Authority. The BEP shall set out proposed habitat management of the site during the period of construction, operation, and decommissioning, restoration and aftercare, and shall provide for the maintenance and enhancement of the habitats set out in the Outline BEP on site. The BEP shall provide provision and details for regular monitoring and review to be undertaken against the BEP objectives for the full lifetime of the windfarm, and reasonable measures for securing amendments or additions to the BEP in the event that the BEP objectives are not being met. The approved BEP (as amended from time to time with written approval of the Planning Authority) shall be implemented in full in line with the timescales set out in the approved plan. Reason - In the interests of good land management and the protection of habitats. Habitat Management and Monitoring Plan 17. There shall be no Commencement of Development until a Habitat Management Plan (HMP) taking account of the Outline/Draft Habitat Management Plan (Technical Appendix 9.8 of the EIA Report), has been submitted to, and approved in writing by the Planning Authority The HMP shall set out proposed habitat management of the site during the period of construction, operation, and decommissioning, restoration and aftercare, and shall provide for the maintenance, monitoring and reporting of habitat on site. The HMP shall provide provision and details for regular monitoring and review to be undertaken against the HMP objectives and reasonable measures for securing amendments or additions to the HMP in the event that the HMP objectives are not being met. Until otherwise approved in advance in writing by the Planning Authority, the approved HMP (as amended from time to time with written approval of the Planning Authority) shall be implemented in full in line with the timescales set out in the approved plan. Reason - In the interests of good land management and the protection of habitats. Compensatory Planting 18. No felling or development shall commence, including site and ground investigations until a woodland planting scheme to compensate for the removal of 63.3 hectares of existing woodland (“the Replanting Scheme”) has been Page 16 of 216
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submitted to and approved in writing by the Planning Authority. The Replanting Scheme shall provide: (a) details of the location of the area(s) to be planted, including a map and description of current land use; (b) the nature, design/layout, species composition, purpose and specification of the proposed woodland to be planted; (c) the phasing and associated timescales for implementing the Replanting Scheme; (d) proposals for reporting to the Planning Authority on compliance with timescales for obtaining the necessary consents and thereafter implementation of the Replanting Scheme; (e) proposals for the maintenance and establishment of the woodland to be planted, including annual checks, replacement planting, fencing, ground preparation and drainage; and (f) details evidencing compliance with The UK Forestry Standard and the Scottish Government’s Policy on Control of Woodland Removal (as The Replanting Scheme approved under part (1) of this condition shall be implemented in full, unless otherwise agreed in writing by the Scottish Ministers in consultation with the Planning Authority. Reason - To secure replanting to mitigate against effects of deforestation arising from the Development. Programme of Archaeological Works 19. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) which has been submitted by the developer and agreed in writing by the Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress. Page 17 of 216
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Reason - To ensure the protection or recording of archaeological features on the site. Peat and Carbon Rich Soils Management Plan 20. There shall be no Commencement of Development until a detailed Peat and Carbon Rich Soils Management Plan (PMP) has been submitted to and approved in writing by the Planning Authority in consultation with SEPA. The PMP shall: (a) take account of site and ground investigations to minimise the loss of peat and other carbon rich soil and minimise carbon loss; (b) include actions, including micrositing, to minimise excavated peat and other carbon rich soils volumes; (c) encourage use of excavated peat and other carbon rich soils in an appropriate manner; and (d) follow good practice for handling, storing and reinstating peat and other carbon rich soils. The PMP shall thereafter be implemented as approved. Reason - To ensure that disruption to peat is minimised. Operational Noise (Turbines) 21. The rating level of noise imissions from the combined effects of the wind turbines forming part of the Development (including the application of any tonal penalty) when determined in accordance with the attached Guidance Notes for this condition, shall not exceed the values for the relevant integer wind speed set out in, or derived from, Table 1 at those properties identified or any dwelling which is lawfully existing or has planning permission at the date of this submission. Amplitude modulation should also be considered and Modifications to the AM penalty should be made taking into account “Wind Turbine Noise Amplitude Modulation Penalty Considerations” – Proceedings of the Institute of Acoustics Vol. 40. Pt. 1. 2018 and “Subjective responses to wind turbine noise amplitude modulation: pooled analysis of laboratory listening studies and synthesis of an AM character rating penalty”. Lotinga and Lewis. Proceedings of ninth international conference on wind turbine noise, 2021. NSR Name Standardised 10m wind speed (m/s) 4 5 6 7 8 9 10 11 12 1 Broadheadfold 27.3 30.9 34.2 34.2 34.2 34.2 34.2 34.2 34.2 2 Greenhill Cottage 28.1 31.7 35.0 35.0 35.0 35.0 35.0 35.0 35.0 3 Greenhill Farm 28.4 32.0 35.3 35.3 35.3 35.3 35.3 35.3 35.3 4 Littlerig 25.6 29.2 32.5 32.5 32.5 32.5 32.5 32.5 32.5 5 Earnieside Cottage 21.8 25.4 28.7 28.7 28.7 28.7 28.7 28.7 28.7 Page 18 of 216
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NSR Name Standardised 10m wind speed (m/s) 4 5 6 7 8 9 10 11 12 6 Earnieside Farmhouse 21.8 25.4 28.7 28.7 28.7 28.7 28.7 28.7 28.7 7 Braughty Farm 23.1 26.7 30.0 30.0 30.0 30.0 30.0 30.0 30.0 8 Craighead Farm 24.1 27.7 31.0 31.0 31.0 31.0 31.0 31.0 31.0 9 Craighead Bungalow 23.9 27.5 30.8 30.8 30.8 30.8 30.8 30.8 30.8 10 Golland Farm (FI) 24.8 28.4 31.7 31.7 31.7 31.7 31.7 31.7 31.7 11 Ledlation House 27.2 30.8 34.1 34.1 34.1 34.1 34.1 34.1 34.1 12 Ledlation Farm 25.9 29.5 32.8 32.8 32.8 32.8 32.8 32.8 32.8 13 Stronachie Cottage 24.8 28.4 31.7 31.7 31.7 31.7 31.7 31.7 31.7 14 Stronachie Lodge 24.9 28.5 31.8 31.8 31.8 31.8 31.8 31.8 31.8 15 Kalevala 24.9 28.5 31.8 31.8 31.8 31.8 31.8 31.8 31.8 16 Stronachie House 24.8 28.4 31.7 31.7 31.7 31.7 31.7 31.7 31.7 17 Middlerigg 25.2 28.8 32.1 32.1 32.1 32.1 32.1 32.1 32.1 18 Knowehead 30.2 33.8 37.1 37.1 37.1 37.1 37.1 37.1 37.1 Table 1: Revised Proposed Development Predicted Noise Levels (Day and Night) The turbines shall be designed to permit individually controlled operation or shut down at specified wind speeds and directions in order to facilitate compliance with noise criteria. The Company shall continuously log power production, wind speed and wind direction at each wind turbine all (in accordance with Guidance Notes). These data shall be retained for a period of not less than 24 months. The data will include details of the mode in which each of the turbines will be operated during each ten minute period depending on the wind conditions in that ten minute period. The Company shall provide this information to the Planning Authority, in the format set out in the Guidance Notes, within 14 days of receipt in writing of a request to do so. Prior to the Date of First Commissioning, the developer shall have submitted to, and received written approval of the Planning Authority of, a list of proposed independent consultants who will undertake compliance measurements in accordance with this condition. Amendments to the list of approved consultants shall be made only with the prior written approval of the Planning Authority. Within 21 days from receipt of a written request from the Planning Authority, following a complaint to it from an occupant of a dwelling alleging noise disturbance at that dwelling, the developer shall employ a consultant approved by the Planning Authority in terms of part (4) Page 19 of 216
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above to assess the level of noise immissions from the wind farm at the complainant’s property (or a suitable alternative location agreed in writing by the Planning Authority). The written request from the Planning Authority shall set out at least the date, time and location to which the complaint relates and any identified atmospheric conditions, including wind direction, and include a statement as to whether, in the opinion of the Planning Authority, the noise giving rise to the complaint contains or is likely to contain a tonal component. The assessment of the rating level of noise immissions in terms of part (5) above shall be undertaken in accordance with the Guidance Notes and an assessment protocol that shall previously have been submitted to and approved in writing by the Planning Authority. The protocol shall include the proposed measurement location(s) where measurements for compliance checking purposes shall be undertaken, whether noise giving rise to the complaint contains or is likely to contain a tonal component, and also the range of meteorological and operational conditions (which shall include the range of wind speeds, wind directions, power generation and times of day) to determine the assessment of rating level of noise immissions. The proposed range of conditions shall be those which prevailed during times when the complainant alleges there was disturbance due to noise, having regard to the written request of the Planning Authority under paragraph (5) above. Where the property to which a complaint is related is not listed by name or location in Table 1 at part (1) of this condition, the Company shall submit to the Planning Authority, for its written approval, proposed noise limits selected from those listed in Table 1 to be adopted at the complainant’s property for compliance checking purposes, prior to compliance checking. The proposed noise limits are to be those limits selected from Table 1 specified for a listed location which the independent consultant considers as being likely to experience the most similar background noise environment to that experienced at the complainant’s property. The protocol shall include a justification of the choice of the representative background levels to determine compliance at the complainant’s property. The resultant noise limits selected shall include, where appropriate, any limit apportionment to account for consented levels from cumulative wind farm developments. The rating level of noise immissions resulting from the combined effects of the wind turbines when determined in accordance with the Guidance Notes and approved Noise Assessment Protocol shall not exceed the noise limits approved in writing by the Planning Authority for the complainant’s property. Page 20 of 216
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In the event that a complainant does not allow the Company access to undertake a compliance assessment, the assessment protocol shall set out details of the proposed alternative representative measurement position, prior to the commencement of measurements, and the measurements shall be undertaken at the approved alternative representative measurement location. The Company shall provide to the Planning Authority the independent consultant’s assessment of the rating level of noise immissions undertaken in accordance with the Guidance Notes and the approved Noise Assessment Protocol within two months of the date of the written request of the Planning Authority for compliance measurements to be made under part (5), unless the time limit is extended in writing by the Planning Authority. The assessment shall include all data collected for the purposes of undertaking the compliance measurements, such data to be provided in the format set out in the Guidance Notes. The instrumentation used to undertake the measurements shall be calibrated in accordance with the Guidance Notes and certificates of calibration shall be submitted to the Planning Authority with the independent consultant’s assessment of the rating level of noise immissions. Where a further assessment of the rating level of noise immissions from the wind farm is required pursuant to (in accordance with the Guidance Notes), the Company shall submit a copy of the further assessment within 21 days of submission of the independent consultant’s assessment pursuant to part (8) above unless the time limit has been extended in writing by the Planning Authority. Reason - to protect nearby residents from undue noise and disturbance and to ensure that noise limits are not exceeded and to enable prompt investigation of complaints. Guidance Notes for Operational Noise Condition These notes are to be read with and form part of the noise condition. They further explain the condition and specify the methods to be employed in the assessment of complaints about noise immissions from the wind farm. The rating level at each integer wind speed is the arithmetic sum of the wind farm noise level as determined from the best-fit curve described in Guidance Note 2 of these Guidance Notes and any tonal penalty applied in accordance with Guidance Note 3. Reference to ETSU- R-97 refers to the publication entitled “The Assessment and Rating of Noise from Wind Farms” (1997) published by the Energy Technology Support Unit (ETSU) for the Department of Trade and Industry (DTI). IOA GPG is “A Good Practice Guide to the Application of ETSU-R-97 for the Assessment and Rating of Wind Turbine Noise” Page 21 of 216
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(2013) and includes Supplementary Guidance Notes 1 to 5 of the IOA GPG. Guidance Note 1 (a) The LA90,10 minute noise statistic should be measured in accordance with the IOA GPG. Measurements shall be undertaken in such a manner to enable a tonal penalty to be applied in accordance with Guidance Note 3. (b) To enable compliance with the conditions to be evaluated, the Company shall continuously log arithmetic mean wind speed in metres per second and wind direction in degrees from north for each turbine and arithmetic mean power generated by each turbine, all in successive 10-minute periods. All 10 minute periods shall commence on the hour and in ten minute increments thereafter, synchronised with Universal Coordinated Time (UTC). The wind speeds at turbine hub height shall be 'standardised' to a reference height of ten metres as described in ETSU-R-97 at page 120 using a reference roughness length of 0.05 metres. Unless an alternative procedure is previously agreed in writing with the Planning Authority, It is these standardised ten metre height wind speed data which are correlated with the noise measurements determined as valid. (c) Data provided to the Planning Authority in accordance with the noise condition shall be provided in comma separated values in electronic format unless otherwise agreed in writing with the Planning Authority. (d) A data logging rain gauge shall be installed in the course of the assessment of the levels of noise immissions. The gauge shall record over successive 10-minute periods synchronised with the periods of data recorded in accordance with Note 1(b). Guidance Note 2 (a) The noise measurements shall be made so as to provide not less than 20 valid data points as defined in Guidance Note 2 (b) (b) Valid data points are those measured in the conditions specified in the agreed written protocol, but excluding any periods of rainfall measured in the vicinity of the sound level meter. Rainfall shall be assessed by use of a rain gauge that shall log the occurrence of rainfall in each 10 minute period concurrent with the measurement periods set out in Guidance Note 1. In specifying such conditions the Planning Authority shall have regard to those conditions which prevailed during times when the complainant alleges there was disturbance due to Page 22 of 216
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noise or which are considered likely to result in a breach of the limits. (c) For those data points considered valid in accordance with Guidance Note 2(b), values of the LA90,10 minute noise measurements and corresponding values of the 10- minute 10- metre height wind speed averaged across all operating wind turbines using the procedure specified in Guidance Note 1(d), shall be plotted on an XY chart with noise level on the Y-axis and the 10- metre height mean wind speed on the X-axis. A least squares, “best fit” curve of an order deemed appropriate by the independent consultant (but which may not be higher than a fourth order) should be fitted to the data points and define the wind farm noise level at each integer speed. Guidance Note 3 (a) Where, in accordance with the protocol, noise immissions at the location or locations where compliance measurements are being undertaken contain or are likely to contain a tonal component, a tonal penalty is to be calculated and applied using the following rating procedure. (b) For each 10 minute interval for which LA90,10 minute data have been determined as valid in accordance with Guidance Note 2 a tonal assessment shall be performed on noise immissions during 2 minutes of each 10 minute period. The 2 minute periods should be spaced at 10 minute intervals provided that uninterrupted uncorrupted data are available (“the standard procedure”). Where uncorrupted data are not available, the first available uninterrupted clean 2 minute period out of the affected overall 10 minute period shall be selected. Any such deviations from the standard procedure, as described in Section 2.1 on pages 104-109 of ETSU-R-97, shall be reported. (c) For each of the 2 minute samples the tone level above or below audibility shall be calculated by comparison with the audibility criterion given in Section 2.1 on pages 104-109 of ETSU-R-97. (d) The tone level above audibility shall be plotted against wind speed for each of the 2 minute samples. Samples for which the tones were below the audibility criterion or no tone was identified, a value of zero audibility shall be used. (e) The average tone level above audibility shall be calculated for each wind speed bin, each bin being 1 metre per second wide and centred on integer wind speeds. This process shall be repeated for Page 23 of 216
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each integer wind speed for which there is an assessment of overall levels in Note 2. (f) The tonal penalty is derived from the margin above audibility of the tone according to the figure below. Guidance Note 4 (a) If a tonal penalty is to be applied in accordance with Guidance Note 3 the rating level of the turbine noise at each wind speed is the arithmetic sum of the measured noise level as determined from the best fit curve described in Guidance Note 2 and the penalty for tonal noise as derived in accordance with Guidance Note 3 at each integer wind speed within the range specified by the Planning Authority in its written protocol. (b) If no tonal penalty is to be applied then the rating level of the turbine noise at each wind speed is equal to the measured noise level as determined from the best fit curve described in Guidance Note 2. (c) In the event that the rating level is above the limit(s) set out in the Table attached to the noise conditions or the noise limits for a complainant’s dwelling, the independent consultant shall undertake a further assessment of the rating level to correct for background noise so that the rating level relates to wind turbine noise immission only. (d) The Company shall ensure that all the wind turbines in the development are turned off for such period as the independent consultant requires to undertake the further assessment. The further assessment shall be undertaken in accordance with the following steps: (e) Repeating the steps in Guidance Note 2, with the wind farm switched off, and determining the background noise (L3) at each integer wind speed within the range requested by the Planning Authority in its written request and the approved protocol. (f) The wind farm noise (L1) at this speed shall then be calculated as follows where L2 is the measured Page 24 of 216
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level with turbines running but without the addition of any tonal penalty: (g) The rating level shall be re-calculated by adding arithmetically the tonal penalty (if any is applied in accordance with Note 3) to the derived wind farm noise L1 at that integer wind speed. (h) If the rating level after adjustment for background noise contribution and adjustment for tonal penalty (if required in accordance with note 3 above) at any integer wind speed lies at or below the values set out in the Table attached to the conditions or at or below the noise limits approved by the Planning Authority for a complainant’s dwelling in accordance with the noise condition then no further action is necessary. If the rating level at any integer wind speed exceeds the values set out in the Table attached to the conditions or the noise limits approved by the Planning Authority for a complainant’s dwelling in accordance with the noise condition then the Development fails to comply with the conditions. Noise (BESS and Substation) 22. All plant or equipment associated with the BESS and substation 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 20 between 2300 and 0700 hours daily, within any nearby residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. In the event, that justified complaints for noise are received by the Council, the applicant at their own expense, shall employ an independent and suitably qualified consultant to carry out a Noise Assessment from the development. The appointed consultant and methodology for the Noise Assessment shall be submitted to and approved in writing by the Planning Authority in consultation with Environmental Health within 28 days of being notified of the complaint. Within 28 days of approval of appointed consultant and methodology, a Noise Assessment shall be submitted outlining mitigation and recommended timescales for delivery. Thereafter, all mitigation measures shall be implemented within the timescales recommended. Reason - In the interests of protecting residential amenity. Shadow flicker 23. No development shall commence unless and until a Shadow Flicker Protocol has been submitted to, and approved in writing by, the Planning Authority. The Page 25 of 216
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Shadow Flicker Protocol shall set out a protocol for addressing any complaint received from a residential receptor within the study area defined in Chapter 14 of the EIA Report, and will set out mitigation and management options. Operation of the turbines shall take place in accordance with the approved Shadow Flicker Protocol and any mitigation measures that have been approved through the protocol shall be implemented. Reason - In the interests of residential amenity. Access Management Plan 24. There shall be no Commencement of Development until an Access Management Plan (AMP) has been submitted to and approved in writing by the Planning Authority. The AMP should ensure that, where appropriate and subject to health and safety requirements, public access is maintained across the Development site during construction, and thereafter that existing wider rights of public access are maintained during the operational phase of the wind farm. The approved plan shall be implemented in full. Reason - In the interests of securing public access rights Private Water Supplies 25. There shall be no Commencement of Development until a private water supplies method statement has been submitted to and approved in writing by the Planning Authority, detailing all contingent mitigation measures to be delivered to secure the quality, quantity and continuity of water supplies to any properties which are served by private water supplies at the date of this planning permission which may be affected by the Development.78 The method statement shall set out: (a) details of the methodology for water quality and quantity sampling for a period of 12 months prior to construction (including abstraction points); (b) details of the methodology and programme for undertaking water quality and quantity sampling during the construction period (including abstraction points); and (c) details of the methodology for water quality and quantity sampling for a period of 12 months post construction (including abstraction points); The approved method statement shall thereafter be implemented in full upon the Commencement of Development. Reason - To maintain a secure and adequate water supply to all properties with private water supplies that may be affected by the Development. Redundant Turbines 26. If one or more wind turbines fails to generate electricity on a commercial basis to the public network for a continuous period of 12 months, then the turbine or Page 26 of 216
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turbines shall be deemed to be surplus to requirement and the developer shall: (a) within one month of the expiration of the 12 month period, submit a scheme to the Planning Authority for written approval setting out how and when the relevant wind turbine(s) and associated infrastructure will either be repaired or removed from the site and the ground restored to a condition agreed with the Planning Authority; and (b) implement the approved scheme to the timescales set out in the scheme and agreed in part a) above. Reason - To ensure that any redundant wind turbine is removed from site, in the interests of safety, amenity and environmental protection. Interim Decommissioning, Restoration and Aftercare Strategy 27. There shall be no Commencement of Development until an Interim decommissioning, restoration and aftercare strategy has been submitted to, and approved in writing by, the Planning Authority. The interim decommissioning, restoration and aftercare strategy shall outline measures for the decommissioning of the Development and restoration and aftercare of the site, and shall provide proposals for the removal of the Development, the treatment of ground surfaces, the management and timing of the works and environmental management provisions in any instance that the site as a whole, or in part, ceases to operate prior to the approval of the Decommissioning, Restoration and Aftercare Plan required under the provisions of condition 27. Reason - To ensure the decommissioning and removal of the Development in an appropriate and environmentally acceptable manner and the restoration and aftercare of the site, in the interests of safety, amenity and environmental protection when a detailed decommissioning, restoration and aftercare Plan has not yet been approved. Site Decommissioning, Restoration and Aftercare 28. The Development shall cease to generate electricity to the grid network by no later than the date falling 35 years from the Date of Final Commissioning. No later than one year prior to the Date of Final Generation or the expiry of the planning permission (whichever is earlier) a decommissioning, restoration and aftercare plan shall be submitted for the written approval of the Planning Authority. The detailed decommissioning, restoration and aftercare plan shall provide updated and detailed proposals, in accordance with relevant guidance at that time, for the removal of the Development, the treatment of ground surfaces, the management and timing of the works and environment management provisions which shall provide: Page 27 of 216
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(a) a site waste management plan (dealing with all aspects of waste produced during the decommissioning, restoration and aftercare phases and, including details of measures to be taken to minimise waste associated with the Development and promote the recycling of materials and infrastructure components); (b) details of the formation of any temporary infrastructure required for decommissioning such as compounds, welfare facilities, any areas of hardstanding, material stockpiles, oil storage, lighting columns, and any boundary fencing; (c) a dust management plan; (d) details of measures to be taken to prevent loose or deleterious material being deposited on the local road network, including wheel cleaning and lorry sheeting facilities, and measures to clean the site entrances and the adjacent local road network; (e) a pollution prevention and control method statement, including arrangements for the storage and management of oil and fuel on the site; (f) details of measures for soil storage and management; (g) a surface water and groundwater management and treatment plan, including details of the separation of clean and dirty water drains, and location of settlement lagoons for silt laden water; (h) details of measures for sewage disposal and treatment; (i) temporary site illumination; and (j) a species protection plan if surveys (carried out no longer than eighteen months prior to submission of the plan) identify any protected species (including birds). The Development shall be decommissioned, the site restored and aftercare undertaken prior to the date falling three years after the Date of Final Generation and in accordance with the approved detailed decommissioning, restoration and aftercare plan. Reason - To ensure the decommissioning and removal of the Development in an appropriate and environmentally acceptable manner and the restoration and aftercare of the site, in the interests of safety, amenity and environmental protection. Financial Guarantee 29. There shall be no commencement of development until a bond or other form of financial guarantee (hereafter “financial guarantee”) in terms which secures the cost of performance of all decommissioning, restoration and aftercare obligations referred to in conditions 27 and 28 has been submitted to and approved in writing by the Planning Authority. Page 28 of 216
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The value of the financial guarantee shall be agreed between the developer and the Planning Authority or, failing agreement, determined (on application by either party) by a suitably qualified independent professional as being sufficient to meet the costs of all decommissioning, restoration and aftercare obligations referred to in conditions 27 and 28. The financial guarantee shall be maintained in favour of the Planning Authority until the completion of all decommissioning, restoration and aftercare obligations referred to in conditions 27 and 28. The value of the financial guarantee shall be reviewed by agreement between the developer and the Planning Authority or, failing agreement, determined (on application by either party) by a suitably qualified independent professional not less than every five years, and at the time of the approval of the detailed decommissioning, restoration and aftercare plan approved under condition 28. The value of the financial guarantee shall be increased or decreased to take account of any variation in costs of compliance with decommissioning, restoration and aftercare obligations referred to in conditions 27 and 28. Reason - To ensure that there are sufficient funds to secure performance of the decommissioning, restoration and aftercare conditions attached to this deemed planning permission in the event of default by the developer. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes Permission shall not to be issued until a Section 75 Agreement or a bond as required by condition 27-29 has been signed and registered to take account of this application. The legal agreement or bond should be concluded and completed within 4 months of the date of any decision. Failure to conclude a legal agreement within 4 months will result in the planning application being re-assessed through failing to comply with the development plan and may be ultimately recommended for refusal under delegated powers Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would Page 29 of 216
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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. An application for Building Warrant may be required. 4. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013, as amended. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: - Displayed in a prominent place at or in the vicinity of the site of the development - Readily visible to the public - Printed on durable material. 5. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 6. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 7. The applicant is advised that the granting of planning permission does not guarantee right of access to the site. This should be agreed with the relevant landowner(s) prior to the commencement of the development. 8. This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the number and design of turbines. 9. Please remember that the granting of planning permission, listed building consent or other associated consent by the Planning Authority does not affect the responsibility of the developer to ensure all other necessary permissions, consents and approvals are in Page 30 of 216
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place prior to commencement of works. Developers should also ensure appropriate accommodations are made in respect of services and third party infrastructure and may wish to check proposals against the information held at https://www.linesearchbeforeudig.co.uk/. Amendment (Councillors D Cuthbert and I James) The cumulative impact of this 13 turbine proposal, when assessed together with the recent Craighead Windfarm, would have unacceptable visual and landscape impacts on the locality, including the Lomond Hills Local Landscape Area; the Ochil Hills Landscape Area; the Core path networks over a 5km radius and in the Ochils and would adversely affect Kinross-shire residents; and visitors to Loch Leven. The energy which the proposal will generate does not justify the development in the face of its adverse impacts. These adverse impacts are sufficient that the general support for Renewables contained in Policy 11 of NPF4 of the Development Plan is not a sufficient basis to recommend the Energy Consent Unit approves this proposal. For these reasons, this Council recommends that the Energy Consents Unit does not approve this proposal. In terms of Standing Order 21.5 a roll call vote was taken. 7 members voted for the Motion as follows: Councillors K Allan, K Harvey, D Illingworth, I MacPherson, I Massie, G Stewart and Bailie M Williamson. 4 members voted for the Amendment as follows: Councillors B Brawn, D Cuthbert, I James and Bailie C McLaren. Resolved: In accordance with the Motion. (2) Major Applications (i) 25/00510/FLM - Erection of 52 dwellinghouses, formation of roads and footpath, SUDS, landscaping and associated works, Land 120 metres west of 10 Cairns Park, New Alyth, PH11 8PA (Report No. 25/338) Resolved: Grant, subject to the following terms, conditions and informatives, including amendments circulated to members prior to the meeting: Page 31 of 216
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Conditions General 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. Phasing 2. No development shall commence until a detailed phasing strategy (supported by appropriate plans) shall be submitted to and approved in writing by the Council as Planning Authority. The phasing strategy shall include the following details: i. The timing and number of dwellings to be developed in each phase; ii. The timing and delivery of infrastructure, open space and landscaping; iii. The timing and location of any temporary construction compound. Once approved, the development shall proceed in accordance with the approved delivery phasing strategy. Reason - In order to ensure the satisfactory implementation and completion of the development. Drainage 3. Development shall not commence on site until a detailed sustainable urban drainage system (SUDS) has been submitted for the written agreement of the Council as Planning Authority, in consultation with SEPA where necessary. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council's Flood Risk and Flood Risk Assessments Developer Guidance, and shall incorporate source control. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason - To ensure the provision of effective drainage for the site. 4. Concurrent with the initiation of the development hereby approved and for the duration of construction, a temporary surface water treatment facility which accords with Sustainable Urban Drainage System principles shall be implemented for the site and maintained for the duration of the approved development works. The temporary surface water treatment facility shall remain in place until the permanent surface water drainage scheme is implemented. Reason - To ensure the appropriate management of construction surface water run-off to minimise flooding and avoid discharge of sediment/pollution to the local Page 32 of 216
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water environment or neighbouring property, in the interests of residential and environmental amenity. Residential Amenity 5. Acoustics barriers as described in Section 5.1.1 and shown in Drawing Nos 781260-GIS004 and 781260- GIS005, in the Noise Impact Assessment undertaken by EnviroCentre Ltd, reference: 14916, dated 27 January 2025 (document 38 hereby approved), shall be installed prior to the occupation of each relevant residential unit to ensure a satisfactory level of residential amenity can be achieved. Reason - In order to safeguard the residential amenity of the area. 6. Glazing and Trickle ventilators as described in Sections 5.1.2 and Tables 5-2 and 5-3 of the Noise Impact Assessment undertaken by EnviroCentre Ltd, reference: 14916, dated 27 January 2025 (document 38 hereby approved) shall be installed prior to the occupation of each relevant residential unit to ensure a satisfactory level of residential amenity can be achieved. Reason - In order to safeguard the residential amenity of the area. 7. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at any time on Sundays or bank holidays (as identified by Scottish Government). Reason - In order to safeguard the residential amenity of the area. Roads and Access 8. Prior to the occupation of any residential plot, all matters regarding access, car parking, road layout, design and specification, including the disposal of surface water, shall be in accordance with the standards required by the Council as Planning Authority in consultation with the Roads Authority. Reason - In the interests of vehicle and pedestrian safety and in accordance with the policies of the adopted development plan. 9. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: a. restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; b. timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; Page 33 of 216
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c. a code of conduct for HGV drivers to allow for queuing traffic to pass; d. arrangements for liaison with the Roads Authority regarding winter maintenance; e. emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; f. arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; g. arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; h. arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; i. details of information signs to inform other road users of construction traffic; j. arrangements to ensure that access for emergency service vehicles are not impeded; k. co-ordination with other significant developments known to use roads affected by construction traffic; l. traffic arrangements in the immediate vicinity of temporary construction compounds; m. monitoring, reporting and implementation arrangements; n. arrangements for dealing with non-compliance; and o. details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management. 10. Prior to occupation of the first dwellinghouse hereby approved, the local westbound bus stop in New Alyth is to be upgraded to provide the installation of a real time passenger information screen and an electrical supply for lighting. The specification of the real time passenger information screen shall be submitted to and agreed in writing by the Council as Planning Authority prior to installation. Reason - In the interest of supporting public transport access. 11. No part of the development shall be occupied until a Residential Travel Plan, aimed to encourage more sustainable means of travel, has been submitted and approved in writing by the Council. The RTP will have particular regard to provision for walking, cycling and public transport access to and within the site. Reason - To promote sustainable transport options and to meet advice within National Planning Framework on transport. Page 34 of 216
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12. Prior to the commencement of the development hereby approved, full visibility splays of 160 metres along the channel line shall be provided and maintained to the west of the A926 junction, at a set-back of 2.4 metres to the standard and specification required by the Council as Planning Authority in consultation with the Roads Authority. The visibility splays shall be physically formed on the ground and any existing fences, walls, hedges or other means of enclosure or obstructions within the splays shall be removed and relocated outwith the splays. Once formed, the visibility splays shall be permanently retained thereafter, and no visual obstruction of any kind shall be permitted within the visibility splays so formed. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 13. Prior to the occupation of any residential plot, details of the specification including materials of all footpaths shall be submitted to the Planning Authority for further approval. The agreed detail shall thereafter be implemented prior to the completion of the development. Reason - In the interests of pedestrian and cycle safety. 14. Prior to the occupation of either plot 23, 48, 49, 50, 51 or 52, whichever is the earlier, the proposed footpath connection to the east of Plot 23, linking to Bamff View and shown on document 47 hereby approved, shall be fully implemented in accordance with the specification approved under Condition 26. Reason - In the interest of sustainable transport. 15. Where a footway is proposed in front of any dwellinghouse, that dwellinghouse shall not be occupied until such time that the relevant footway has been constructed to a suitable standard to facilitate access for all abilities. Reason - In the interest of road safety; in the interest of inclusive mobility. Biodiversity 16. The conclusions and recommended action points within the supporting Preliminary Ecological Appraisal and Biodiversity Enhancement Strategy submitted and hereby approved (document numbers 72 and 73 relate) shall be fully adhered to, respected and undertaken as part of the construction phase of development. Reason - In the interests of protecting environmental quality and of biodiversity. 17. An updated ecological survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the survey approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. Page 35 of 216
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Reason - In the interests of protecting environmental quality and of biodiversity. 18. Prior to the completion or occupation of the development hereby approved, all biodiversity enhancement measures listed within the submitted and hereby approved Biodiversity Enhancement Strategy (drawing number 73) and Site Landscape Layout (drawing numbers 50-53 inclusive) shall be provided. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity 19. The swift and bat boxes as shown on plan 25/00510/50, 25/00510/51, 25/00510/52 and 25/00510/53 hereby approved shall be implemented prior to the occupation of each relevant residential unit. Thereafter, they should be maintained in a reasonable condition for the life of the development. Reason - In the interests of protecting environmental quality and of biodiversity. 20. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day Reason - In order to prevent animals from being trapped within any open excavations. Trees and Landscape 21. Prior to the commencement of any works on site, all trees on site (other than those marked for felling on the approved plans) and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the duration of construction. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 22. All trees on site, other than those marked for felling on the approved plans, shall be retained. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. Page 36 of 216
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23. Prior to the occupation of the development or any phase of the development, whichever is the sooner, a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas (other than small privately-owned domestic gardens) shall be submitted to and agreed in writing by the Council as Planning Authority, for its approved use. The landscape management plan as agreed shall, where appropriate, include phased implementation concurrent with the development and shall be fully implemented. Reason - To ensure satisfactory management of the scheme. 24. Prior to the commencement of the development hereby approved, an updated detailed landscaping and planting scheme for the site shall be submitted for the written agreement of the Council as Planning Authority. The scheme shall include enhanced boundary treatment along the southern boundary, particularly adjacent to the SUDS area and shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and installation methods and, species, height, size and density of trees and shrubs to be planted. The scheme as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained to the satisfaction of the Council as Planning Authority. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 25. All landscaped areas outwith the curtilages of the dwellings and shown on the approved drawings shall be permanently retained as such and shall at no time be used as private garden ground nor incorporated within the curtilage of any of the dwellings hereby approved without the express grant of planning permission by the Planning Authority. Reason - In the interests of the character and appearance of the development. Footpath Connection 26. Prior to the commencement of works on the proposed footpath connection to the east of Plot 23, linking to Bamff View (adjacent to tree T4411), detailed construction specifications shall be submitted to and approved in writing by the Planning Authority. The specification shall: Page 37 of 216
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• Incorporate a low-invasive surfacing solution within the root protection area, as identified in the Arbor Raft Plan, using a cellular confinement system or equivalent method to safeguard tree roots. • Demonstrate compliance with the recommendations of the approved tree report and BS 5837:2012 (Trees in Relation to Design, Demolition and Construction). • Include proposals for the future maintenance and adoption of the footpath, with confirmation of agreement from the relevant authority or body. • A detailed design for a 3-metre wide shared active travel route The approved specification shall be implemented in full prior to the completion of the footpath and subsequent occupation of either plot 23, 48, 49, 50, 51 or 52, whichever is the earlier, as required by condition 14 and maintained thereafter in accordance with the agreed arrangements. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. Archaeology 27. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) which has been submitted by the developer and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress. Reason - To ensure archaeological monitoring is carried out to safeguard and record any archaeological remains within the development area. Page 38 of 216
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Environmental Impact 28. Prior to the commencement of development hereby approved, a scheme shall be submitted to, and approved in writing by, the Council as Planning Authority that demonstrates how at least 10% of the current carbon emissions reduction set by the Scottish Buildings Standards will be met through the installation and operation of low and zero-carbon technologies. This scheme shall detail for each building: a) the technology types; b) illustrate, through technical calculations, that these will meet at least the 10% reduction; c) their siting and location; and d) ongoing operation and maintenance. Once approved, the development shall be completed in accordance with the approved scheme and no individual unit shall be occupied until the scheme has been installed and operating. Reason - To embed low and zero-carbon technologies within the development in the interest of environmental sustainability. 29. The measures outlined in the agreed CEMP (document 36 hereby approved) shall be adhered to at all times during the construction period. The CEMP will remain a live document, any working practices deemed to be having an adverse impact on ecology or the environment will be the subject of revision. All revisions must be submitted to the Planning Authority as soon as reasonably practicable. Thereafter the development shall be fully undertaken in accordance with the agreed CEMP. Reason - In the interests of protecting environmental quality and of biodiversity. Access for Maintenance 30. During the construction period, the Council shall be provided with full access to the adjacent Cairns Park Play Area to undertake any maintenance as required. Reason - To ensure that access to Cairns Park is not compromised during the construction period. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes Permission shall not to be issued until the Section 75 Agreement has been signed and registered to take account of this application. The legal agreement should be concluded and completed within 4 months of the date of any Committee approval. Failure to conclude a legal agreement within 4 months will result in the planning application being re-assessed through failing to comply with the associated developer contributions Page 39 of 216
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policy and may be ultimately recommended for refusal under delegated powers Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: • Displayed in a prominent place at or in the vicinity of the site of the development • Readily visible to the public • Printed on durable material. 4. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 5. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests 6. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow for the collection of waste. 7. Application for a new postal address should be made via the Street Naming and Numbering page on the Perth & Kinross Council website at www.pkc.gov.uk/snn. Please note there is a charge for this service and submission cannot be made until the relevant Building Warrant has been approved. Page 40 of 216
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8. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority Road Construction Consent (RCC) to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 9. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act 1984 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. 10. No work shall be commenced until an application for building warrant has been submitted and approved. 11. The applicant is advised that the granting of planning permission does not guarantee a connection to Scottish Water's assets. The applicant must make a separate application to Scottish Water Planning & Development Services team for permission to connect to the public wastewater system and/or water network and all their requirements must be fully adhered to. 12. 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 overall design and layout. 13. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 14. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. Page 41 of 216
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We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 15. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are sever for non-compliance. 16. The applicant is advised that technical approval will be required for all street lighting apparatus within adoptable areas and should contact the Street Lighting Partnership to obtain technical approval prior to the submission of a Road Construction Consent application. 17. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 18. The planning permission decision notice shall not be issued until such time as the required Developer Contributions have been secured or paid in full. 19. In the event the applicant does not either make the required payment within 28 days from the date the agent/applicant is advised of the need for the contributions, or complete a legal agreement for delayed payment within a 4 month period from the date the agent/applicant is advised of the need for the contributions the application may be refused under delegated powers without any further discussion with the applicant. (10.25am - The committee took a 10 minute recess) (3) Local Application (i) 25/00793/FLL - Change of use from office to children's play/activity centre with ancillary event, retail and catering uses and erection of fence, Whitehall Chambers, 7 Bank Street, Blairgowrie (Report No. 25/339) Ms C Power, on behalf of the applicant, addressed the committee, and answered members questions. Resolved: Grant, subject to the following terms, conditions and informatives: Page 42 of 216
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Conditions 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 operation of the garden area shall be restricted to between 0830 to 1730 hours Monday to Friday only. For the avoidance of doubt, the garden area will be closed to customers Saturday and Sunday. Reason - In order to safeguard the residential amenity of the area. 3. 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. 4. The sound insulation and sound transmission properties of the structure and finishes shall be such that any airborne noise from the operations within the premises does not constitute a statutory noise nuisance as determined by the Local Planning Authority. Reason - In order to safeguard the neighbouring residential amenity in the area. 5. No music, amplified or otherwise, or amplified speech shall be permitted in the garden area at any time. Reason - In order to safeguard the neighbouring residential amenity in the area. 6. 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 neighbouring residential amenity in the area. 7. Noise from operations on site shall not exceed 55dBLAeg,16hr or LA90,1hr plus 5dB, whichever is greater when measured at any residential property. Reason - In order to safeguard the neighbouring residential amenity in the area. 8. The Noise Management Plan (Document 08) is hereby approved. It includes measures that will be implemented to adequately control and minimise noise from the premises and includes a complaint investigation procedure. The Plan shall be reviewed on a regular basis. Page 43 of 216
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It shall also be subject to review following receipt of a justified complaint or at the request of the Council as Planning Authority. The approved Noise Management Plan and any subsequent revisions approved in writing by the Council as Planning Authority shall be fully implemented for the lifetime of the development. Reason - In order to safeguard the neighbouring residential amenity in the area. 9. In the event of a justified noise complaint being received by the Council the operator shall, at its own expense, employ a consultant approved by the Planning Authority to carry out a noise assessment to verify compliance with conditions 3, 4 and 7 above. The assessment will be carried out to an appropriate methodology agreed in writing with the Planning Authority. If the noise assessment shows that the noise levels do not comply with conditions 3, 4 and 7, a scheme of noise mitigation shall be included with the noise assessment, specifying timescales for the implementation of the scheme and shall be submitted to the Planning Authority with 28 days of the assessment. The mitigation scheme shall thereafter be implemented in accordance with the approved scheme and timescales. Reason - In order to safeguard the neighbouring residential amenity in the area. 10. The cycle parking, as approved, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority prior to the development being brought into use. Reason - To encourage active travel and meet advice within National Planning Framework 4 on transport. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. 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 Page 44 of 216
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Planning Authority written notice of that position. Please use the form attached herewith. 3. 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 location of a right of access highlighted by a blue line on the location plan. 4. The applicant can seek guidance on the detailed design and positioning of the cycle storage from Transport Scotland's Cycling by Design 2021 or similar design guide. (ii) 25/00884/FLL - Erection of replacement dwellinghouse and associated works, Cedar Cottage, Fearnan, Aberfeldy, PH15 2PF (Report No. 25/340) Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 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 conclusions and recommended action points within the supporting ecology survey by Direct Ecology dated 27th October 2025 submitted and hereby approved (document 27 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. 3. The temporary construction access track to the north of the site from the C449 and all contractors' temporary site compounds shall be removed and the land reinstated to its former profile and condition no later than 3 months following the final commissioning of the development or by the end of the first available seeding/planting season after the final commissioning of the development, whichever is the later. Reason - In order that the Planning Authority may retain control over the future use of the land which is located within an area of zoned open space 4. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in Page 45 of 216
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consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) shall include the following: 1) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; 2) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; 3) arrangements to ensure that access for emergency service vehicles are not impeded; 4) measures to minimise the level of dust, dirt and debris on the local roads; 5) details of the size/type of HGV's dropping materials off at the site to ensure a suitably sized offloading area, shall be provided by the applicant to prevent blocking of the public road network; and 6) details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management 5. All tree work shall be undertaken by a qualified arborist in accordance with BS3998:2010 Recommendations for Tree Work, and best practice as outlined in the Arboriculture and Forestry Advisory Group (AFAG) guidance. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 6. No removal of hedgerows, trees or shrubs or works to, or demolition of, buildings or structures that may be used by breeding birds shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared or building affected, and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 7. Prior to the commencement of the development hereby approved, a Tree Protection Plan showing how tree 067 and its root protection area shall be protected with fencing shall be submitted for the written agreement of the Council as Planning Authority. 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. Page 46 of 216
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Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 8. Prior to the commencement of the development hereby approved, details of the construction type and materials for the temporary access, soil removal and laying of stone shall be submitted for the written agreement of the Council as Planning Authority. The details as agreed shall be implemented as part of the development. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. 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 findings and recommendations contained with the Bat Survey remain valid for a period of 24 months. If the approved planning permission is not implemented within 24 months of the date of the survey it is strongly recommended that an updated Bat Survey is undertaken prior to any works commencing. Failure to do so could potentially leave you open to prosecution should any bats be harmed as a result of the works. Please note that bats are protected by law, and it is a criminal offence to deliberately harm, capture, kill or disturb a bat or its resting place. 5. The approved stove system shall be installed and thereafter operated and maintained in accordance with the manufacturer's recommendations, such that smoke odours are not exhausted into or escape into any neighbouring dwellings. Failure to do so may result in an Page 47 of 216
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investigation and possible action by Environmental Health under the Environmental Protection Act 1990. (iii) 24/00800/FLL - Erection of a dwellinghouse, land 50 Metres Southwest of Tigh Na Ba, Bridge of Cally (Report No. 25/341) Mr H MacFadyen, applicant, was present and answered members questions. Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 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 conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document(s) 25 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. 3. Prior to work commencing on site, a pre-works survey for red squirrels must be undertaken by a suitably trained and experienced ecologist to ascertain the presence of dreys. The results shall be used to inform a Species Protection Plan to be submitted and approved in writing by the Council as Planning Authority. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 4. An updated ecology survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the ecology survey approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). Page 48 of 216
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5. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, 4 hibernacula, 6 house martin cups, 4 swift nest boxes, 4 built in bat bricks and 2 external bat boxes shall be provided within the red line boundary in accordance with recommendations within the supporting biodiversity survey submitted and hereby approved. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 6. The asserted right of way/core path shown on approved drawing MTBL/162 must not be obstructed during building works or on completion of the development. Any damage done to the route and/or the associated signage during building works must be made good before the development is completed or brought into use, whichever is the earlier. Reason - To ensure continued public access to the public paths and in the interests of public safety within the site. 7. Before the approved development is completed or put into use, the vehicular access onto the public road network shall be constructed in accordance with Perth & Kinross Council's Road Development Guide Type B Figure 5.6 access detail of Type B Road construction detail. This construction detail must extend into the entrance for a minimum of 3 meters from the boundary of the public road surface. Reason - To ensure road safety and an acceptable standard of construction within the public road boundary. 8. The detailed landscaping and planting scheme which is hereby approved shall be completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. The approved scheme shall thereafter be maintained to the satisfaction of the Council as Planning Authority, with any planting which fails to become established within five years being replaced in the following planting season with others of a size and species as previously approved. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 9. Development shall not commence on site until a detailed sustainable urban drainage system (SUDS) has been submitted for the written agreement of the Council as Planning Authority, in consultation with SEPA where necessary. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council's Flood Risk and Flood Risk Assessments Developer Guidance, and shall Page 49 of 216
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incorporate source control. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason - To ensure the provision of effective drainage for the site. 10. Storm water drainage from all paved surfaces, including the access, shall be disposed of by means of suitable Sustainable Urban Drainage Systems to meet the requirements of best management practices. Reason - To ensure the provision of effective drainage for the site. 11. The garage hereby approved shall be used solely for purposes incidental to the domestic enjoyment of the dwellinghouse. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 12. Prior to the commencement of development a statement shall be submitted for approval in writing by the Council as Planning Authority 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. The statement as agreed shall be fully implemented to the satisfaction of the Council as Planning Authority. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 13. Prior to the commencement of the development hereby approved, details of the location and measures proposed for the safeguarding and continued operation, or replacement, of any septic tanks and soakaways, private water sources, private water supply storage facilities and/or private water supply pipes serving properties in the vicinity, sited within and running through the application site, shall be submitted to and approved in writing by the Council as Planning Authority. The subsequently agreed protective or replacement measures shall be put in place prior to the development being brought into use and shall thereafter be so maintained insofar as it relates to the development hereby approved. Reason - To ensure the new development has an adequate and consistently wholesome supply of water and to maintain water quality and supply in the interests of residential amenity and ensure the private water supply or septic drainage systems of neighbours of the development remain accessible for future maintenance. Page 50 of 216
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Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. 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. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. 4. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 5. Existing buildings or structures 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. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is Page 51 of 216
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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. 7. The applicant shall ensure the private water supply for the dwellinghouse/ development complies with the Water Scotland Act 1980 (Section 63), The Private Water Supplies (Scotland) Regulations 2006 and The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. Detailed information regarding the private water supply, including the nature, location and adequacy of the source, any storage tanks/ pipework and the filtration and disinfection treatment proposed to ensure provision of an adequate and consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above Act and Regulations. 8. The granting of planning permission does not stop the continued right of public access along the existing core path MTBL/162. 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 in advance of any works authorised by this planning permission being commenced. All relevant approvals should be in place prior to any stopping up and diversion of the core path taking place. 9. 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. 10. The approved stove system shall be installed and thereafter operated and maintained in accordance with the manufacturer's recommendations, such that smoke odours are not exhausted into or escape into any neighbouring dwellings. Failure to do so may result in an investigation and possible action by Environmental Health under the Environmental Protection Act 1990. 11. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 12. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further Page 52 of 216
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information can be found at: https://www.pkc.gov.uk/binrequests 13. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 14. The applicant should take note of the information and advice contained within the consultation response from SEPA. 15. 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 dwellinghouse to include dormer windows. (iv) 25/01420/FLL - Change of use of dwellinghouse to dwellinghouse/short term let accommodation unit, Schiehallion House, Strathtummel, Aberfeldy, PH16 5NT (Report No. 25/342) Ms L McLaughlan (via telephone), on behalf of Killiecrankie, Fincastle & Tummel Community Council, objectors, followed by Mr A Mitchell (via telephone), agent, and Mr P MacDonald, owner, addressed the committee and answered members questions. Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 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 property subject to this planning permission shall be used either as a residential dwelling or as a short term let accommodation unit and no other use, and there shall be no restriction on the interchangeability between these two approved planning uses. Reason - In order to clarify the terms of the permission; to control and restrict the use of the building. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Page 53 of 216
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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. Part of the approved development includes holiday accommodation or Short-term Let accommodation (STL). The developer is advised that holiday accommodation and STLs require to be licensed under the terms of Article 3 of The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 and Amendment Order 2024 and therefore a licence application should be made to Perth and Kinross Council prior to operation commencing. Further information and application forms are available at https://www.pkc.gov.uk/shorttermlets. 4. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow for the collection of waste. (v) 25/00928/IPL - Residential development (in principle), land 30 Metres North of Steadingfield, 4 Caroline Place, Wolfhill, Perth, PH2 6TJ (Report No. 25/343) Dr M Taylor, objector, followed by Mr G Dimeck, agent, addressed the committee and answered members questions. Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 1. This planning permission in principle will last only for five 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 Principle in terms of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. Page 54 of 216
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2. The development shall not commence until the following specified matters have been the subject of a formal planning application for the approval of the Council as Planning Authority: the siting, design and external appearance of the development, the hard and soft landscaping of the site, all means of enclosure, means of access to the site, vehicle parking and turning facilities, levels, drainage and waste management provision. Reason - This is a Planning Permission in Principle in terms of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 3. Further to condition 2 above, measures for each residential unit to maximise environmental sustainability through design, orientation and planting or any other means shall be submitted for the written agreement of the Council as Planning Authority. These measures shall include a scheme that demonstrates how current carbon emissions reduction set by the Scottish Buildings Standards will be met through the installation and operation of low and zero-carbon technologies, specifying what these technology types are, their location and ongoing operation and maintenance. All works shall be carried out in accordance with the agreed scheme and be operational prior to the occupation of each residential unit. Reason - In order to clarify the terms of the permission which is granted in principle only. 4. Development shall not commence on site until an evaluation for the potential of the site to be affected by contamination by a previous use has been undertaken and, as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been submitted for consideration and accepted by the Council as Planning Authority. If the preliminary risk assessment identifies the need for further assessment, an intrusive investigation shall be undertaken to identify; i. the nature, extent and type(s) of contamination on the site ii. measures to treat/remove contamination to ensure the site is fit for the use proposed iii. measures to deal with contamination during construction works iv. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Page 55 of 216
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Reason - In order to deal with any potential contamination of the site as a result of its former use. 5. A preliminary ecological appraisal shall be submitted for written approval by the Council as Planning Authority with further detailed applications. This shall outline biodiversity protection and enhancement measures. The conclusions and recommendations set out in the report shall be fully adhered to, respected and undertaken to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 6. Notwithstanding the details shown on the drawings hereby approved, no permission is granted for the submitted layout or the number of plots. Reason - In order to clarify the terms of the permission which is granted in principle only. 7. The dwellinghouses shall be of single storey proportions and appearance with any upper level accommodation being wholly contained within the roof space. Reason - In the interests of visual and residential amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 8. All existing trees on the site shall be retained and their retention or proposed lopping, topping or felling shall be shown in the submission of the matters specified in Condition 2 above. Reason - This is a Planning Permission in Principle under Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended by Section 21 of the Planning etc. (Scotland) Act 2006. 9. No trees on the site shall be felled without the prior written agreement of the Council as Planning Authority. Any detailed application shall be accompanied by a detailed tree survey carried out by a qualified and independent arborist indicating the type, age, condition, location and accurate canopy spread of all the trees and hedge on and affected by the site and including a tree and hedge management report with details of the tree and hedge protection measures to be employed during construction in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Reason - This is a Planning Permission in Principle under Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended by Section 21 of the Planning etc. (Scotland) Act 2006. 10. Further to condition 2 above, a detailed landscaping and planting scheme for the site shall be submitted to and approved in writing by the Council as Planning Authority. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and Page 56 of 216
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installation methods and, species, height, size and density of trees and shrubs to be planted. The scheme as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained to the satisfaction of the Council as Planning Authority. Reason - This is a Planning Permission in Principle under Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended by Section 21 of the Planning etc. (Scotland) Act 2006. 11. Further to condition 2 above, the development shall not commence until the following specified matters have been the subject of a formal planning application for the approval of the Council as Planning Authority: All matters regarding access, junction visibility, vehicle parking and turning facilities, public transport facilities, walking and cycling facilities ,and the road layout, design and specification (including the disposal of surface water), and waste management provision shall be in accordance with the standards required by the Council as Roads Authority (as detailed in the National Roads Development Guide) and to the satisfaction of the Planning Authority. Reason - This is a Planning Permission in Principle in terms of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 12. As part of the first application for the Approval of Matters Specified by Condition (AMSC) or detailed application, a detailed design showing the full visibility splays along the channel line shall be provided to the left and right of the access, at a set-back of 2.4 metres measured 1.05 metres above the road level to the standard and specification required by the Council as Roads Authority to the satisfaction of the Planning Authority. The visibility splays shall be physically formed on the ground and any existing fences, walls, hedges or other means of enclosure or obstructions within the splays greater than 1.05 metres in height shall be removed and relocated outwith the splays. Once formed, the visibility splays shall be permanently retained thereafter, and no visual obstruction above 1.05 metres of any kind shall be permitted within the visibility splays so formed. The visibility splays, as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority and undertaken prior to the commencement of construction associated with the AMSC or detailed application. Page 57 of 216
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Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 13. As part of the first application for the Approval of Matters Specified by Condition (AMSC) or detailed application, a detailed design showing the footway along the frontage of the site connecting with the junction of Caroline Place/ Old Church Road to provide a connection to the bus stop for local bus and school transport. The detailed design shall include the works at the bus stop at Old Church Road (NaPTAN Code: 73742686), which shall be upgraded to a three bay enclosed bus shelter by the developer to provide and install on appropriate hard stand asphalt areas a bus shelter with a 3 bay enclosed bus shelter supplied (Cairngorm style) and installed with passenger information board, community information board, LED spotlights (one per bay), a 28in Ultra-Wide Display Screen for Real Time Passenger Information installed on the approach side of the shelter and a 24/7 electrical power supply to a Haldo pillar adjacent to the shelter to provide power for the LED lighting and Real Time Passenger Information display. The bus shelter and footway as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority and undertaken prior to the occupation of the first dwellinghouse associated with the AMSC or detailed application. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 14. Core path (BURR/160) must not be obstructed during building works or on completion of the development. Any damage done to the route and/or the associated signage during building works must be made good before the development is completed or brought into use, whichever is the earlier. Reason - To ensure continued public access to the public paths and in the interests of public safety within the site. 15. Further to condition 2 above, a detailed sustainable urban drainage system (SUDS) shall be submitted for the written agreement of the Council as Planning Authority, in consultation with SEPA where necessary. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council's Flood Risk and Flood Risk Assessments Developer Guidance, and shall incorporate source control. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason - To ensure the provision of effective drainage for the site. Page 58 of 216
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16. Surface water runoff from all impermeable surfaces such as roofs and hardstandings shall be disposed of by means of a suitable Sustainable Urban Drainage System (SUDS) to meet the requirements of best management practices. Reason - To ensure the provision of effective drainage for the site. 17. The development shall be in accordance with the requirements of Perth & Kinross Council's Developer Contributions and Affordable Housing Supplementary Guidance 2023 in line with Policy 20: Affordable Housing of the Perth & Kinross Local Development Plan 2 (2019), or such subsequent Guidance and Policy which may replace these. Reason - To ensure the development is in accordance with the terms of the Perth and Kinross Local Development Plan 2 (2019) and to comply with the Council's policy on Developer Contributions and Affordable Housing Supplementary Guidance 2023. 18. The development shall be in accordance with the requirements of Perth & Kinross Council's Developer Contributions and Affordable Housing Supplementary Guidance 2023 in line with Policy 5: Infrastructure Contributions of the Perth & Kinross Local Development Plan 2 (2019) with particular regard to primary education infrastructure, or such subsequent Guidance and Policy which may replace these. Reason - To ensure the development is in accordance with the terms of the Perth and Kinross Local Development Plan 2 (2019) and to comply with the Council's policy on Developer Contributions and Affordable Housing Supplementary Guidance 2023. 19. The development shall be in accordance with the requirements of Perth & Kinross Council's Developer Contributions and Affordable Housing Supplementary Guidance 2023 in line with Policy 5: Infrastructure Contributions of the Perth & Kinross Local Development Plan 2 (2019) with particular regard to transport infrastructure, or such subsequent Guidance and Policy which may replace these. Reason - To ensure the development is in accordance with the terms of the Perth and Kinross Local Development Plan 2 (2019) and to comply with the Council's policy on Developer Contributions and Affordable Housing Supplementary Guidance 2023. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Page 59 of 216
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Informatives 1. Applicants are advised that should their application for Approval of Matters specified be refused and/or their appeal against such refusal dismissed outwith the three year time limit they are entitled to submit a revised application for Approval of Matters specified within six months after the date of refusal of the earlier application or of the dismissal of an appeal against such refusal. 2. 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. 3. The applicant should be advised that in terms of Section 21 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council as Roads Authority consent to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 4. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 5. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 6. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests 7. The applicant is advised that the granting of planning permission does not guarantee a connection to Scottish Water's assets. The applicant must make a separate application to Scottish Water Planning & Development Services team for permission to connect to the public wastewater system and/or water network and all their requirements must be fully adhered to. 8. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow for the collection of waste. 9. This application was varied prior to determination, in accordance with the terms of Section 32A of the Town Page 60 of 216
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and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to include tree and contaminated land information. 6. Proposal of Application Notices (PoAN) (i) 25/00015/PAN - Mixed use development comprising erection of a hotel, restaurants/drive thru restaurant, petrol filling station, EV charging hub, formation of park and ride with ancillary retailing, HGV parking, formation of access road, landscaping and associated engineering works, land 680 Metres North of Bertha Park Farm, Perth, PH1 3EQ (Report No. 25/344) Bailie C McLaren wished to draw officers’ attention to the importance of park and ride in how we see people moving around and connecting with other transport networks and the importance of doing as much as possible to deliver on provision for HGV parking in the area. The contents of the Report by the Development Management and Building Standards Service Manager, were noted. Page 61 of 216
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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. 26/1) Proposal: Construction of 19 wind turbines and associated infrastructure (Glen Lednock Wind Farm) ECU00004966 Location: Land 4800 metres north of St Serfs Church, Comrie, Crieff, PH6 2EA Ref. No: 25/00899/ECU36 Ward No: P6- Strathearn Summary Perth and Kinross Council has been consulted by the Scottish Government’s Energy Consents Unit (ECU) on the proposed Glen Lednock Wind Farm (ECU00004966). The findings of this report recommends that the Council objects to the proposal due to its impact on Loch Rannoch and Glen Lyon National Scenic Area. Background and Description of Proposal 1 The purpose of the report is to make members aware of the relevant planning considerations relating to the proposed development. Following consideration of these matters the Council must advise the Scottish Government’s Energy Consents Unit whether it objects to the application or not. 2 The proposed development is located south-west of Loch Lednock Reservoir in Glen Lednock on the Invergeldie Estate, approximately 2.8km north of St Fillans and 8km north-west of Comrie. The site covers an area of approximately 1,102 hectares. Access is provided from an existing bellmouth on the A85 to the east of Comrie. 3 The Proposed Development would include the following key components: • 19 x 6.2MW wind turbines: - 16 of which are proposed up to 200m tip height; and of which are proposed up to 180m tip height. • Substation Compound and Control Buildings. 5(1)(i) Page 63 of 216
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• Turbine foundations with permanent crane hardstandings. Approximately 5,521m2 of temporary crane hardstanding per turbine location. • Access Route Area between the existing A85 bellmouth east of Comrie and the Turbine Development Area would be approximately 12,687m in length, comprising: − A number of localised upgrades to approximately 8,528m of existing tracks; − Approximately 4,158m of new track; − Approximately 615m of upgraded access track within the turbine development area; − Approximately 17,681m of new access tracks within the turbine development area, of which approximately 16,853m potentially cut / fill track and approximately 828m potentially floating track; and − 15no. turning heads within the Turbine Development Area. • Five search area locations for potential borrow pits totalling approximately 159,841m2. Exact excavated volumes subject to detailed ground investigations. • Two temporary concrete batching plants. • The primary construction compound would be approximately 50m x 100m (5,000m2) in size. The secondary compound would be approximately 60m x 40m in size (2,400m2). Two additional compounds along the access route area, one approximately 50m x 100m (5,000m2) north of the A85 bellmouth, and one approximately 50m x 100m (5,000m2) west of Funtulich where the access route area meets Monument Road. • 30 watercourse crossings, of which 14 are already existing crossings to be upgraded and 16 new crossings. • A meteorological mast. 4 The individual turbine generating capacity is anticipated to be approximately 6.2 MW, with an approximate combined 117.8 MW installed capacity. The proposal seeks permission to operate the wind farm for 40 years. Glentarken Wind Farm 5 The proposed Glentarken Wind Farm is located west of Glen Lednock and comprises 12 turbines with a tip height up to 180m and includes a Battery Energy Storage Systems (BESS) with up to 50 MW capacity and associated accesses and infrastructure. On 3rd September 2025, PKC’s Planning and Placemaking Committee resolved to notify the Scottish Government’s Energy Consents Unit that they object to the proposal due to its due to its impact on Loch Rannoch and Glen Lyon National Scenic Area. Site History 6 24/00206/SCOP on 8 February 2024, The Scottish Ministers, following consultation with PKC and other relevant bodies, adopted a scoping opinion Page 64 of 216
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setting out the scope of the matters to be considered within the EIA Report to be submitted alongside the application for a proposed wind farm development. Environmental Impact Assessment 7 The proposal is EIA development and an EIA Report has been submitted. An assessment of the report’s findings and significant environmental effects is provided in the appraisal section below. Pre-Application Consultation 8 The proposed development is classed as a National Development within NPF4, as provided for in Section 3A of the Town and Country Planning (Scotland) Act 1997 (as amended). However, unlike other National Development proposals, applications made under Section 36 of The Electricity Act 1989 are not subject to mandatory pre-application consultation engagement requirements. 9 Nevertheless, despite there being no statutory requirement to conduct public consultation, the applicant has submitted a PAC Report providing information on engagement activities undertaken to gain insight into concerns and opinions from members of the local community and surrounding area. Such engagement involved public exhibitions being held in St Fillans and Comrie on 13th and 14th November 2023. A second set of public exhibitions were held in the same venues on 25th and 26th November 2024. A dedicated project website was also created in April 2024. In addition, a letter drop was carried out to residents of Monument Road and Invergeldie Estate with follow-up meetings arranged with residents on a one-to-one basis to provide them with a platform to air any queries and concerns. Development Plan 10 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 11 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 peoples lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 12 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises Page 65 of 216
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• Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 5: Soils • Policy 7: Historic Assets and Places • Policy 11: Energy • Policy 22: Flood Risk and Water Management Perth and Kinross Local Development Plan 2019 13 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. 14 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 6: Settlement Boundaries • Policy 15: Public Access • Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 31: Other Historic Environment Assets • Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy • Policy 33D: Renewable and Low Carbon Energy: Spatial Framework for Wind Energy • Policy 38A: Environment and Conservation: International Nature Conservation Sites • Policy 38B: Environment and Conservation: National Designations • Policy 38C: Environment and Conservation: Local Designations • Policy 39: Landscape • Policy 51: Soils • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 56: Noise Pollution • Policy 53D: Water Environment and Drainage: Reinstatement of Natural Watercourses Page 66 of 216
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• Policy 55: Nuisance from Artificial Light and Light Pollution • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) Other Material Considerations PKC Non Statutory Guidance • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft) National Guidance 15 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 16 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • Scottish Government Advice: Onshore wind turbines (May 2014) • Scottish Government Advice: Energy storage (December 2013) Consultations 17 As part of the planning application process the following bodies were consulted: 18 NatureScot: Object to the proposal as it would result in significant adverse effects on the Special Landscape Qualities of the Loch Lomond and Trossachs National Park and the Loch Rannoch and Glen Lyon National Scenic Area. 19 Biodiversity: There are four buildings within 30m of the Access Route Area earthworks and a further two buildings within 50m identified as requiring further assessment for their potential to support bats. Two rock faces also requiring further assessment for their potential to support bats fall within 30m. Pre- construction surveys would confirm the presence and type of roosts that could be disturbed within trees, buildings and structures. Conditions are recommended to secure a CEMP, including measures to mitigate impacts of lighting on nocturnal species, a revised Biodiversity Net Gain Plan/Habitat Management Plan, details of monitoring arrangements and details of an Ecological Clerk of Works (ECOW). Page 67 of 216
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20 Dick Bowdler (Noise Consultant): Construction and operational noise should be controlled by a CEMP. The construction access passes close to several properties and consideration should be given to re-routing the access road away from the closest of these, preferably at least 50m away from them to mitigate noise and vibration. 21 Community Greenspace: No objection. A condition is recommended requiring an Outdoor Access Plan to be prepared by the developer to outline how access will be managed throughout the entire construction process and on completion of the development. 22 Conservation Team: No objection. The proposed mitigation measures to protect heritage assets set out in the cultural heritage section of the EIA are acceptable. 23 Environmental Health (Contaminated Land): No objections. 24 Structures and Flooding: No objection. The proposed development is not expected to significantly impact surface water flood risk, geology, peat, hydrology, or hydrogeology. It is recommended that a CEMP is required by condition to ensure that best construction practices are followed, along with ongoing monitoring. 25 Transportation and Development: Further approvals will be required from the Structures Team so that an assessment can be made of the abnormal loads. Any future consideration will need to address the standard requirements for structural assessment and may involve strengthening works, temporary bridging, or route alterations. 26 Perth and Kinross Heritage Trust (PKHT): No objection. It is recommended that a condition is imposed requiring that a programme of archaeological work is undertaken pre-construction phase and fully implemented thereafter. A further condition is recommended requiring the appointment of an Archaeological Clerk of Works (ACoW) to oversee the works. Additional Statements 27 Screening Opinion EIA required Environmental Impact Assessment (EIA): Environmental Report Submitted Appropriate Assessment under Habitats Regulations Any required Habitats Regulations Appraisal will be for the ECU Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment • PAC • Planning Statement • EIA Report covering the following: − Landscape and Visual; Page 68 of 216
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− Geology, Hydrology and Hydrogeology; − Ornithology; − Ecology; − Noise and Vibration; − Access, Traffic and Transport; − Cultural Heritage; − Climate Change; − Socio-economics, Tourism and Recreation; − Television, Radio and Telecommunications; and − Aviation Appraisal 28 Schedule 8 to Section 36 of the Electricity Act 1989 requires the Scottish Government, as the appropriate authority, to serve notice of the application on the Council as the relevant planning authority. There is no primacy of the Development Plan for S.36 applications. However, the Council are required to consider the proposal in accordance with the provisions of the Development Plan, as a material consideration. 29 The Development Plan comprises National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2019 (LDP2). 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. 30 NPF4 identifies ‘Strategic Renewable Electricity Generation and Transmission Infrastructure’ as a National Development. The National Development explicitly supports renewable electricity generation, which generates above 50 megawatts capacity which is applicable in this case. The policy intent of NPF4 Policy 11: Energy is to ‘encourage, promote and facilitate all forms of renewable energy development onshore and offshore’…including energy generation. Policy 11a also provides support for all forms of renewable, low carbon energy including wind farms. 31 NPF4 highlights the importance of enabling developments that contribute towards greenhouse gas emissions reduction targets and wider national commitments to tackle the climate crisis. The application includes a carbon calculator for the development. The carbon balance for the development suggests a payback time of around 0.7 years when compared to the fossil grid fuel mix of electricity generation or 1.4 years when compared to the grid mix electricity generation. Beyond this point, the applicant considers the development Page 69 of 216
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to represent a positive contribution to national emissions reductions objectives for the remaining of its operational life. The wind farm is predicted to deliver total emissions savings of 70,918 tonnes of greenhouse gases per year and 2.84 million tonnes over its 40-year operational lifetime. 32 Schedule 9 of the Electricity Act 1989 requires licence holders to “have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest” and “shall do what he reasonably can to mitigate any effect”. 33 In terms of LDP2, Policy 33: Renewable and Low Carbon Energy and Policy 39: Landscape are also relevant in the assessment of the proposed development. It is accepted that NPF4 Policy 11 supersedes LDP2 Policy 39 where they are incompatible but the specific considerations in Policy 39 are relevant considerations that should be taken into account as expressions of impacts considered of most importance in the region. Landscape 34 The Planning Statement provided sets out that whilst the Development Plan does not have primacy in the determination of S.36 applications, it is a ‘relevant consideration’. Development Plan policies have been referred to throughout including the supplementary guidance on Local Landscape Areas. LDP2 Policy 39: Landscape is largely overridden by Policy 11, however, specific considerations in Policy 39 are relevant considerations that should be taken into account as expressions of impacts considered of most importance in the region. 35 NPF4 Policies 4: Natural Places and 11: Energy and LDP2 Policies 33: Renewable and Low Carbon Energy and 39: Landscape area all relevant to the assessment of the proposal. A Landscape and Visual Impact Assessment (LVIA) has been carried out to consider the landscape impacts of the proposal. A detailed assessment of the potential effects of the proposed development on the Special Landscape Qualities of River Earn (Comrie to St Fillans National Scenic Area) and Loch Rannoch and Glen Lyon NSA has been carried out. 36 The EIAR assessment of the resulting development has identified that during operation there would be significant effects on the landscape character of the following Landscape Character Types (LCT): • LCT 376 Summits & Plateaux – Tayside (host unit). Major/moderate and significant effects in within 7km east, 4km west, 2.5km south and 2km north of the Proposed Development. Beyond 7k to the east effects would be moderate and significant. • LCT 376 Summits & Plateaux – Tayside (Mor Bheinn unit). Major/moderate and significant effects, contained within 8.5km. Beyond 8.5km effects would be moderate and not significant. Page 70 of 216
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• LCT 376 Summits & Plateaux – Tayside (Ben Lawers unit). Major/moderate and significant effects within 7km. • LCT 371 Mid Upland Glens (host LCT). Major/moderate and significant effects within 4km. • LCT 147 Summits and Plateaux – Central. Moderate and significant effects within 8km of the Proposed Development. • LCT 251 Highland Summits. Major/moderate and significant effects across intermittent parts of the receptor within 11km. 37 During operation there would be significant effects on the following visual receptors: • Upper Glen Lednock receptor group which includes scattered dwellings, core paths, rights of way and a minor road. Major and significant effects are identified on users of core path CMRI/16 which passes within 0.3km of the nearest proposed turbine. In other receptors in this group effects would be no greater than moderate and significant. • There would be no significant effects on the settlement of Comrie due to limited visibility of the proposed turbines. However, there would be major/moderate and significant effects on users of nearby core paths CMRI/122 and CMRI/140 arising from changes to the track network that these routes use. • Ben Lawers receptor group: This receptor group includes the Ben Lawers range and the Tarmachan Ridge. Major/moderate and significant effects across an Intermediate extent of the receptor group. • Ben Chonzie specific viewpoint: Major/moderate and significant effects across a Localised extent of available views from the viewpoint. • Ben Vorlich specific viewpoint: Major/moderate and significant effects across a Localised extent of available views from the viewpoint. • Ben Lawers specific viewpoint: Major/moderate and significant effects across a Localised extent of available views from the viewpoint. 38 The EIAR concludes that there would be no significant night-time effects on any landscape or visual receptors. 39 There are three Designated Landscapes within the study area of the EIAR. Two of these are National Scenic Areas and the other is Loch Lomond and Trossachs National Park. Loch Lomond and the Trossachs National Park Authority is also a consultee to the ECU and will return their own comments on any impacts on the National Park. 40 One of the River Earn (Comrie to St Fillans) NSA’s Special Landscape Qualities (SLQ) are identified as “a harmonious combination of highland and lowland.” The EIAR predicts major/moderate and significant effects in a localised extent of the NSA where this SLQ is experienced. Page 71 of 216
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41 The EIAR advises that only two of the 12 SLQ of Loch Rannoch And Glen Lyon NSA may be significantly affected. Those SLQ being ‘the wild summits’ and ‘the dominance of Ben Lawers’. However, it goes on to conclude that the effect will be moderate and not significant. 42 The EIAR also assesses the effects of the proposed development on the Special Qualities of Upper Strathearn Local Landscape Area 5.8km to the east (moderate effect that would not be significant), and Loch Tay LLA 5.4km to the north (moderate/minor effect which would not be significant). 43 The impacts identified on landscape designations are assessed against NPF4 Policy 4 (c). This states that development proposals that will affect National Parks and NSAs will only be supported where: ‘(i) the objective of designation and the overall integrity of the areas will not be compromised’. The text of NPF4 policy also aims to protect the quality of these designations. Some SLQs are expected to suffer significant impact, which is an undesirable outcome of the development when considered against national policy. 44 For national designations (in this case, National Parks and NSAs), NPF4 Policy 4 (c) (i) requires the objectives of designation and the overall integrity of the designated area to not be compromised. In reference to local natural conservation sites or landscape areas, NPF4 Policy 4 (d)(i) also demands that development will not have significant adverse effects on the integrity of the area or the qualities for which it has been identified. However, both articles within NPF4 Policy 4 also recognise that significant adverse effects on those protected areas can be outweighed by social, environmental or economic benefits. 45 The EIAR states character impacts are limited to a maximum of 11km from the proposed development. The significant impact on the character of the landscape here includes areas of significant value to the region of Perth and Kinross as a whole and wider national interests, and not just the immediate locality. The landscape designations impacted, including National Parks, NSA and LLA, should add significant weight to whether the impacts are localised. 46 NatureScot has been consulted by the ECU directly on the proposal and also by PKC due to their role as national advisors on matters including landscape. NatureScot has objected to the proposal as it would result in significant adverse effects on the Special Landscape Qualities of the Loch Lomond and The Trossachs National Park and the Loch Rannoch and Glen Lyon National Scenic Area. 47 Loch Rannoch and Glen Lyon National Scenic Area is located almost entirely within the PKC boundary, to the north of the site. NatureScot disagree with EIAR’s conclusions that that there would be no potential for significant adverse effects on SLQs within the Loch Rannoch and Glen Lyon NSA and consider that effects on the NSA are such that the objectives of the designations and overall integrity of the areas would be compromised. These effects are unlikely to be overcome through re-design or removal of turbines. Additionally they advise that Page 72 of 216
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there would be significant adverse effects on the SLQs of the River Earn (Comrie to St Fillans) NSA and that the applicants assessment underplays the significance of effects on other SLQs. However, these are not to the extent that the overall integrity of the area would be compromised. 48 Policy 4 states that development in National Scenic Areas will not be supported where development has significant adverse effects on the integrity of the area or the qualities for which it has been identified. Policy 4 when read together with Policy 11(e)(ii) provides further interpretation requiring appropriate mitigation where a landscape is recognised as sensitive. 49 NPF4 Policy 1 lends significant weight to the climate crisis, and the status of the development as a national development. Additionally, NPF4 Policy 11(e) states that development impacts and the proposed mitigation measures should be considered giving significant weight to the contribution of the proposal to renewable energy generation targets and on greenhouse gas emissions reduction targets. However, the proposed development is in an area where the landscapes and natural environments have long been identified as being of high quality and worthy of protection. The description of impacts offers sufficient evidence that the development will bring permanent change to the qualities of these designated areas. The magnitude of the development, together with the value of the protected areas, raises significant concern about the acceptability of these impacts even after mitigation. 50 In conclusion, the proposal will bring about significant adverse effects on Loch Rannoch and Glen Lyon NSA to the extent that the overall integrity of the area will be compromised. While considerable weight is to be given to the contribution the proposed development could make in achieving renewable energy generation targets, this does not overcome the significant detrimental impact the proposal will have on a nationally important landscape designation. The proposal is therefore contrary to NPF4 Policy 4 and LDP2 Policies 33 and 39. Residential Amenity 51 NPF4 Policy 11: Energy and LDP2 Policies 33: Renewable and Low-Carbon Energy, 55: Nuisance from Artificial Light and Light Pollution and 56: Noise Pollution are relevant. 52 PKC has engaged an external specialist noise consultant to review the noise section of the EIAR. The nearest properties to the construction access routes and turbine locations have been assessed for construction and operational noise. 53 Technical guidance for the assessment of noise emissions from onshore wind turbines, known as ETSU-R-97, provides comprehensive advice to local authorities across the UK for appraising planning applications for onshore wind developments. The propagation methodology described in the EIAR are appropriate and the resulting turbine noise levels are correct in accordance with Page 73 of 216
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good practice. The turbine noise levels are shown to meet the ETSU-R-97 simplified limit of 35dB. 54 The assessment also considered the cumulative noise levels for Glen Lednock Wind Farm and the nearby Glentarken Wind Farm. The turbine noise levels cumulatively from both wind farms was shown to comfortably meet the ETSU- R97 simplified limit of 35dB. 55 Were the application to be approved it is recommended that conditions are imposed to control operational noise levels. These should be in line with the Standard Onshore Wind Conditions of 25th February 2025 published by Scottish Government. The noise limit should be a single figure of 32dB measured as LA90 and applied at all times and in all wind conditions. 56 In terms of construction noise, the EIAR suggest that daily (12-hour) average levels of 87, 88 or 91dB will occur and results in no significant effects. However, this is not accepted, it is not necessary for any day to exceed 75dB and then only on a limited number of days. Any CEMP should ensure that proper mitigation is carried out to protect the nearest houses from excessive noise and vibration levels. 57 Effects on visual amenity are considered in detail in the Landscape section above, where it is concluded that the proposal will result in some significant visual effects. 58 Similarly, in terms of aviation lighting, it is proposed that five of the turbines will have visible aviation lighting. The assessment of night time effects for the proposed development has predicted significant effects for some of the viewpoints considered in the LVIA. This is largely due to the appearance of lighting on an open upland area devoid of this type of lighting. 59 Shadow flicker was scoped out of the EIAR, as there will be no significant effects due to the separation distances between the residential properties and the nearest turbine. Roads and Access 60 Policy 13 (Sustainable Transport) of NPF4 focuses on sustainable travel and ensures development is sited appropriately. LDP2 Policy 60 (Transport Standards and Accessibility Requirements) requires that local road networks be capable of absorbing traffic generated by development and that satisfactory access is provided. 61 Should the proposal be granted further approvals will be required from the PKC Structures Team so that an assessment can be made of the abnormal loads. Any future consideration will need to address the standard requirements for structural assessment and may involve strengthening works, temporary bridging, or route alterations. Page 74 of 216
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62 Insofar as roads matters are concerned there are no objections to the proposal subject to conditions requiring a Construction Traffic Management Scheme and a Staff Travel Plan. 63 The proposal will have significant effects on the access network north of Comrie, including numerous core paths, public Right of Ways and other well-used routes. Monument Road is also a particularly important access road for those wishing to access Ben Chonzie and the surrounding hills. PKC Community Greenspace has advised that should the proposal be granted a condition is recommended requiring an Outdoor Access Plan to be prepared by the developer to outline how access will be managed throughout the entire construction process and on completion of the development. Drainage and Flooding 64 Policy 22 (Flood Risk and Water Management) of NPF4 sets out that proposals will not increase the risk of surface water flooding to others, or itself be at risk, manage all rain and surface water through sustainable urban drainage systems (SUDS) and seek to minimise the area of impermeable surfaces. In addition, Policy 53 (Water Environment and Drainage) of LDP2 sets out that development proposals at any location and of any scale should protect and where practical improve the water environment. 65 The development is classified as Essential Infrastructure and can be built within a flood-risk area (200yr + Climate Change) as per NPF4 Policy 22a. It should be designed and constructed to be operational during floods, not impede water flow, and not increase the risk of flooding elsewhere. 66 The SEPA flood maps indicate that the development is located outside the flood extent (1:200) for both Loch Turret Reservoir and the River Lednock. Additionally, it is important to note that several small watercourses flow through the area; however, the maps indicate minimal out-of-bank flood risk (1:200). 67 PKC Flooding and Structures has advised that the proposed development is not expected to significantly impact surface water flood risk, geology, peat, hydrology, or hydrogeology. It is recommended that a CEMP is required by condition to ensure that best construction practices are followed, along with ongoing monitoring. Conservation Considerations 68 NPF4 Policy 7 (Historic Assets and Places) and LDP2 Policies 26 (Scheduled Monuments and Archaeology) and 27 (Listed Buildings) are relevant to the development. A Cultural Heritage Assessment (CHA) has been submitted in support of the development as part of the EIAR. Page 75 of 216
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69 Perth and Kinross Heritage Trust (PKHT) has been consulted on the proposal and advised that they are in broad agreement with the mitigation measures proposed for undesignated assets as outlined. 70 It is recommended that an Archaeological Clerk of Works is appointed alongside the production of a Written Scheme of Investigation which will outline in full the archaeological mitigation across the development site. These matters would be required to be secured via appropriate conditions. 71 It is recommended that any Written Scheme of Investigation should outline in full the archaeological mitigation across the development site. PKHT has offered the following comments to inform any WSI: • In section 11.8.2 note the requirement for curator/PKHT agreement in advance of any changes to an agreed WSI with regards to micro siting and methodology. • MPK6344 should be provided with an adequate buffer (20m or more) to ensure adequate protection. Works adjacent to this will require archaeological monitoring. • MPK15377 -farmstead. This site should be simply demarcated for foresters in advance of felling to ensure no damage during tree felling works. The proposal of fencing off requirement during construction fence is acceptable with appropriate buffer. • Agree with 11.8.5 for requirements for areas to be archaeological monitored to be agreed in advance under WSI condition. • Given the location of the site and the generally poor record of upland archaeology (less development/ agricultural disturbance alongside survey) the WSI should consider monitoring areas where perhaps little is known of the area but landscape wise the site lends itself to potential occupation. These discussions can be part of the finer details when agreeing the WSI. Natural Heritage and Biodiversity 72 Policies 3 (Biodiversity), 4 (Natural Places) and 6 Forestry, Woodland and Trees of NPF4 and Policies 40B: Forestry, Woodland and Trees: Trees, Woodland and Development and 41 (Biodiversity) of LDP2 are applicable to the proposal. 73 NPF4 Policy 4 f) states that ‘development proposals that are likely to have an adverse effect on species protected by legislation will only be supported where the proposal meets the relevant statutory tests. If there is reasonable evidence to suggest that a protected species is present on a site or may be affected by a proposed development, steps must be taken to establish its presence. The level of protection required by legislation must be factored into the planning and design of development, and potential impacts must be fully considered prior to the determination of any application.’ Page 76 of 216
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74 Section 9.6.101 of the EIAR states there are four buildings within 30m of the Access Route Area earthworks and a further two buildings within 50m identified as requiring further assessment for their potential to support bats. Two rock faces also requiring further assessment for their potential to support bats fall within 30m. Pre-construction surveys would confirm the presence and type of roosts that could be disturbed within trees, buildings and structures. 75 Local Planning Authorities have been instructed by Scottish Government since 2016 to fully ascertain whether protected species are on site and what the implications of this might be before considering whether to approve an application or not to ensure all decisions are compliant with the Habitats Directive and the Regulations. NPF4 Policy 4 strengthens this requirement. 76 These surveys should be done and the results available to assess prior to any consent being issued. 77 EIAR Table 9.2: Summary of Field Surveys advises that surveying of ponds for great crested newts was undertaken in October and November 2024 which is out with the optimum period and is not recognised as a limitation. 78 NPF4 Policy 6 b) advises that ‘development proposals will not be supported where they will result in: i. any loss of ancient woodlands, ancient and veteran trees, or adverse impact on their ecological condition. ii. Adverse impacts on native woodlands, hedgerows and individual trees of high bio-diversity value, or identified for protection in the Forestry and Woodland Strategy.’ 79 There is a strong presumption against the removal of ancient semi-natural woodland in the Scottish Government Policy on Control of Woodland Removal unless removal of woodland would achieve significant and clearly defined additional public benefits. In addition, from examination of the plans relative to the access route for heavy goods vehicles transporting turbine blades, etc. to the site, it is noted that 32 x mature sycamores are identified for felling at the Highlandman Station junction, Crieff. These trees form an attractive avenue, and are considered of high amenity value, and one of the better examples of our tree lined country roads within rural Perthshire. The loss of amenity that would result from the removal of the 32 x trees would be significant. There will be some biodiversity value from these trees, due to their age and location, and inevitably a loss of biodiversity would result if they were removed. 80 Chapter 9 of the EIAR relates to Ecology. Section 9.6.90 notes that 1.8ha of woodland habitat listed on the Ancient Woodland Inventory as long-established of plantation origin will be impacted. 81 The impacted woodland is composed of the native broadleaf wood and scrub habitats (W11, W17), small areas of open internal habitats (M23, M6, MG7, MG9) Page 77 of 216
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as well as other woodland habitats that do not align with National Vegetation Classification categories such as conifer plantation and exotic species. The latter makes up approximately 0.2ha. The majority of woodland is managed as commercial forestry. 82 The total direct woodland loss as part of the Proposed Development, including ancient woodland, non-ancient woodland and woodland scoped out of the assessment, amounts to approximately 2.9ha. 83 NPF4 Policy 3 b) states that ‘development proposals for national or major development, or for development that requires an Environmental Impact Assessment will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity, including nature networks so they are in a demonstrably better state than without intervention. This will include future management.’ 84 EIAR Appendix A9.7: Outline Habitat Management and Biodiversity Enhancement Plan seeks to address this requirement. Overall, the aims and objectives of the Plan are clear but what is unclear is how it will be known that the aims and objectives have been met. A condition should ensure that monitoring results should be used to revise the Plan regularly to measure progress and adapt practices if required. 85 Section 7.2.1 states monitoring of peatland restoration works will primarily focus on visual indicators of success and checking restoration measures are working as intended. Restoration projects need monitoring programmes to show whether objectives are being met and to help them to adapt practices to respond to environmental changes. A further condition is necessary to secure this requirement. 86 Section 5.3.2 states the aim of achieving deer densities of <8 deer per km2 outside of fenced areas where possible and within fenced areas there is a target of no deer. The current density of deer is not provided and so it’s unclear how achievable this target is or how long it will take to achieve that density. 87 The use of deer fencing is proposed alongside deer control. Deer control is a more sustainable and long-term approach to deer population management and is encouraged. A reduction in deer fencing also creates more open and welcoming areas for people to access and enjoy. Regular checking of deer fences to check they are not porous should be included in the Plan. 88 Control of non-target trees or scrub is included in the Plan but not until year 10. It is recommended that this takes place earlier than proposed to control the natural regeneration of non-native timber species that will affect the aims and objectives for biodiversity enhancement. Page 78 of 216
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89 A commitment to submit all species records to NBN Gateway would be welcomed as positive contribution towards biodiversity enhancement, especially as Perth and Kinross is not covered by a records centre. Economic Impact 90 NPF4 Policy 11(c) advises that development proposals will only be supported where they maximise net economic impact, including local and community socio- economic benefits such as employment, associated business and supply chain opportunities. 91 Chapter 14 of the EIAR includes an appraisal of Socio-Economics, Tourism and Recreation. The Appraisal predicts the following socio-economic beneficial impacts: • Total expected capital expenditure (CAPEX) investment of £210.9 million, of which £75.9 million potentially benefitting Scottish companies and £25.3 million potentially benefitting local companies. This includes opportunities for local businesses to support in terms of groundwork, landscaping, civil engineering, and construction contracts. • Up to 210 direct, indirect and induced construction jobs and GVA of £19.1 million in Perth and Kinross, and 739 direct, indirect and induced construction jobs and GVA of £69.5 million at the Scottish level. • Total annual operating and maintenance expenditure of £9.6 million per annum, of which £5.6 million potentially benefitting Scottish companies and £4.0 million benefitting local companies. • Up to 38 direct, indirect and induced operational jobs and GVA of £2.7 million in Perth and Kinross, and 62 direct, indirect and induced operational jobs and GVA of £4.3 million at the Scottish level. • Wider financial benefits linked to community benefit funding, with a total community benefits funding of £589,000 per annum or £23.6 million (2025 prices) over the proposed 40 year operational life. (It should be noted that community benefit funding is an agreement between the developer and the local community and is not a matter that is overseen, or has any input, from PKC as Planning Authority). • The offer of shared ownership in the development to local community interest groups, in line with Scottish Government best practice principles. A range of wider qualitative benefits such as supply chain impacts, perception benefits, community wealth building effects and enhancements in local community infrastructure. This will include at least £1 million annually in non-domestic rates. Conclusion and Reasons for Recommendation 92 To conclude, the proposed development is considered to not be in accordance with the Development Plan. Account has been taken of the relevant material Page 79 of 216
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considerations and none has been found that would justify overriding the Development Plan. 93 Accordingly, it is recommended that PKC objects to the proposal on the grounds identified below. Reasons for Recommendation 1. The proposal will bring about significant adverse effects on Loch Rannoch and Glen Lyon NSA to the extent that the overall integrity of the area will be compromised. While considerable weight is to be given to the contribution the proposed development could make in achieving renewable energy generation targets, this does not overcome the significant detrimental impact the proposal will have on a nationally important landscape designation. The proposal is therefore contrary to National Planning Framework 4 (2023) Policy 4 ‘Natural Places’, as well as the adopted Perth & Kinross Local Development Plan 2 (2019) Policies 33 ‘Renewable and Low Carbon Energy’ and 39 ‘Landscape’. Background Papers Letters of representation N/A Authors Name Designation Contact Details Alex Gudgeon Planning Officer (Majors) developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 16 December 2025 Page 80 of 216
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Ü © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 7 January 2026 25/00899/ECU36 Construction of 19 wind turbines and associated infrastructure ECU00004966 on land 4800 Metres North of St Serfs Church, Comrie, Crieff, PH6 2EAScale 1:60,000 5(1)(i) Page 81 of 216
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Ü © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 7 January 2026 25/00899/ECU36 Construction of 19 wind turbines and associated infrastructure ECU00004966 on land 4800 Metres North of St Serfs Church, Comrie, Crieff, PH6 2EAScale 1:40,000 5(1)(i) Page 83 of 216
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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. 26/2) Proposal: Erection of 83 affordable dwellinghouses and 20 affordable flats, associated infrastructure and landscaping Location: Land 90 Metres East of Westfields of Rattray, Balmoral Road, Rattray, Blairgowrie, PH10 7HY Ref. No: 25/00609/FLM Ward No: P3- Blairgowrie and Glens Summary This report recommends approval of the application, subject to conditions (which include for a S75 legal agreement or other suitable mechanism to control developer contributions), 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 to provide 103 affordable homes (83 dwellinghouses and 20 flays), ranging from 1 bedroom to 4 bedrooms, with the inclusion of wheelchair adapted homes. The application site is a former piggery and is now zoned for housing, as per allocation H341, in LDP2. The site area is just under 3.8 hectares and is located on the periphery of Rattray, a rural village less than a mile from Blairgowrie. The site slopes north to south where it is bounded by Balmoral Road. Land to the east is mainly grass with mature trees bounding the adjoining play area to the east. There is a further stand of mature trees to the site’s western boundary. There is a large hill, located in the centre of the development, which the applicant proposes to retain, along with the existing woodland. Furthermore, an existing post and wire fence bounds the whole application site. 2 Access will be taken from Hatton Road, where the proposed SUDS pond is located. The road follows the existing contours of the land to rise northwards to wrap round the existing woodland, towards the west, where a turning head is proposed to allow vehicles to turn. 5(2)(i) Page 85 of 216
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3 The site allocation for H341, known as Westfields of Rattray, has an indicative capacity of up to 104 units. Site History 4 25/00001/PAN Was submitted on 14 February 2025 for a proposed residential development at allocated site: H341. Environmental Impact Assessment 5 The proposal is not EIA development, as it is not listed within Schedule 1 of the EIA Regulations or triggered by another requirement. As such, an EIA Report has not been submitted. An assessment of the likely environmental significant effects that required assessment is provided in the appraisal section below. Pre-Application Consultation 6 Pre application Reference: 24/00011/PREAPM 7 The proposed development is classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was required to undertake formal pre-application consultation with the local community. 8 A Proposal of Application Notice (PoAN) was submitted to Perth and Kinross Council in January and it was validated on 28 January 2025. A formal programme of statutory public engagement has been undertaken as agreed with Perth and Kinross Council and set out in the following chapters of this report. 9 A Proposal of Application Notice (PoAN) was validated by Perth and Kinross Council on 28 January 2025. A formal programme of statutory public engagement has been undertaken as agreed with Perth and Kinross Council who had requested that letters were sent to residents within a specified area to advise them of the consultation event. 10 In total, 2 in person events were held, on 6th March 2025 and 3rd April 2025. The events were tailored to ensure that as many people as possible in the local community had the opportunity to review and respond to the emerging proposals. In addition to the circulation of the PoAN, an advert was placed in the Public Notices section of the local newspapers, Blairgowrie Advertiser and The Courier, in the edition published within 7 and 14 days prior to each event. Blairgowrie and Rattray Community Council were informed, and letters were sent to local residents, as well as local Councillors (Cllr Brawn, Cllr McEwan, Cllr Shiers). Page 86 of 216
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Development Plan 11 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 12 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. 13 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 4: Natural Places • Policy 5: Soils • Policy 12: Zero Waste • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 15: Local Living and 20 Minute Neighbourhoods • Policy 16: Quality Homes • Policy 17: Rural Homes • Policy 22: Flood Risk and Water Management • Policy 29: Rural Development Perth and Kinross Local Development Plan 2019 14 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. 15 The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 1D: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions Page 87 of 216
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• Policy 14B: Open Space Retention and Provision: Open Space within New Developments • Policy 14A: Open Space Retention and Provision: Existing Areas • Policy 15: Public Access • Policy 17: Residential Areas • Policy 23: Delivery of Development Sites • Policy 25: Housing Mix • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 39: Landscape • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 52: New Development and Flooding • Policy 53B: Water Environment and Drainage: Foul Drainage • 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 Proposals Statutory Supplementary Guidance • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) • Supplementary Guidance - Placemaking (adopted in 2020) PKC Non-Statutory Guidance • Planning Guidance - Delivery of Development Sites • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity Page 88 of 216
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National Guidance 16 The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 17 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements • PAN 69 Planning and Building standards Advice on Flooding • PAN 75 Planning for Transport Creating Places 2013 18 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 19 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 20 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 21 As part of the planning application process the following bodies were consulted: External 22 Blairgowrie and Rattray Community Council - No objection. The Community Council is adopting a neutral stance to this application which, in their opinion, contains both positive and negative outcomes. Page 89 of 216
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23 Scottish Water - No objection. However, the applicant should be aware that this does not confirm that the proposed development can currently be serviced. 24 Perth and Kinross Heritage Trust - No objection. In respect to archaeology and the planning process, as outlined by NPF4, the proposed development does not raise any significant issues. No further archaeological mitigation is required in this instance. 25 NHS - No objection. New housing developments that attract and retain families and affordable housing for people in the health and social care professions is welcomed by the HSCP. PKHSCP would respectfully like to raise awareness of the potential additional pressures that this development would add to existing primary care services in that area if this application was to be approved. It is essential for the sustainability of services that a suitably proportionate developer contribution be sought for reinvestment in premises and infrastructure. 26 Recent studies in this area of policy development within Perth & Kinross Health & Social Care Partnership (HSCP) have concluded that Perth and Kinross has insufficient space within local healthcare facilities to deliver at the level required. Any additional demand would have a detrimental effect to current service provision. Furthermore, the additional houses planned within that area would raise further the already significant sustainability risk to local GP practices. 27 However, at present, there is no policy requirement for developer contributions toward health and social care infrastructure provision within Perth and Kinross but, there will be expected an associated impact to infrastructure and workforce provision and, therefore, developer contributions should be considered. Internal 28 Affordable Housing Team - No objection. However, further discussion is required in order to gain more information on the range of proposed tenures, justification for the proposed level of parking provision and further consideration of the location of the proposed wheelchair and adaptable homes. As a result of further discussions, the tenure mix for the delivery of the affordable housing has been agreed. 29 Structures and Flooding - No objection, subject to the inclusion of a condition relating to SuDS. 30 Environmental Health (Contaminated Land) - No objection, subject to the inclusion of a condition requiring an evaluation for the potential of the site to be affected by contamination from a previous use. 31 Transportation and Development - No objection, subject to conditions relating to a Construction Traffic Management scheme (CTMS), a Travel Plan, details of footpaths, public transport improvements and a detailed design of the proposed footpath along Hatton Road. Page 90 of 216
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32 Development Contributions Officer - No objection. In this instance, no contributions in terms of affordable housing, education and transport improvements, are required. 33 Community Waste Advisor - Environment Service - No objection. Advice given in relation to all roads being suitable for access by refuse collection vehicles. An informative has been recommended to that effect. 34 Biodiversity - No objection, subject to a condition relating to a revised Biodiversity Action Plan. 35 Environmental Health (Noise Odour) - No objection, subject to a condition relating to dust mitigation measures. 36 Development Plan Team - Following the submission of additional information in terms of open space provision, there are no objections to the proposed development. 37 Community Greenspace - As a result of the further information submitted, the Community Greenspace Team don’t have any objections to the proposed development, subject to a requirement for the Financial Contribution of £29,817 towards the maintenance of nearby play area & BMX track. Representations 38 5 representations (3 general comment and 2 objections) were received. The main issues raised within the representations are: • Visual impact • Loss of view • Noise impacts • Impact upon trees • Biodiversity and ecology concerns • Design and material concerns 39 These issues are addressed in the Appraisal section of the report, with the exception of a loss of view, which is not a material planning consideration. ADDITIONAL STATEMENTS Screening Opinion EIA not required Environmental Impact Assessment (EIA): Not required Construction Environment Management Plan Submitted Appropriate Assessment under Habitats Regulations. AA completed. Page 91 of 216
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Ecological Impact Assessment Submitted Arboriculture Impact Assessment Submitted Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact e.g. Flood Risk Assessment Submitted Drainage Strategy Report Submitted Transport Assessment Submitted Appraisal 40 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 2 (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 41 The principle of residential development at the site is supported by the Development Plan through allocation in the LDP2 (allocated site H341) for residential use. Furthermore, the application site is located within the settlement boundary of Blairgowrie and Rattray, as identified within the Perth and Kinross Council Local Development Plan 2. 42 Furthermore, given that it is proposed to provide 100 % affordable housing, the proposed development is also in accordance with LDP2 Policy 20: Affordable Housing. There are a number of site-specific developer requirements associated to allocated site H341, which are summarised below: • Phasing programme for development should be agreed to ensure paddock development does not occur in isolation. Emphasis should be to develop brownfield site at an early stage. • A Transport Statement dealing with the impact of the development on the nearby junction of Hatton Road and Balmoral Road and footpath links to the rest of Rattray. • A Flood Risk Assessment will be required. • Retention of the core paths link and consider additional linkages to the core path network in the surrounding area. Page 92 of 216
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• Provision of landscaping to provide a framework for development and integrate it with surrounding setting. Retention of important trees and additional planting. • Implement measures to increase biodiversity. 43 As per the above Site Specific Developer Requirements, a Phasing Plan has been submitted with the application. The demolition of the existing farm buildings included in Phase 2 and 3 will be carried out at the start of the Development of Phase 1. The housing will be delivered at a rate of approx. 40 houses per phase, subject to agreement with housing associations and Perth and Kinross Council. Each phase will deliver the required roads, drainage infrastructure and landscaping to accompany it. Furthermore, Phase 1 will deliver the SUDs infrastructure, the start of the Primary Street to the north, the site frontage as well as the Orchard and Play area (all subject to tree planting season) In addition, Phase 2 will deliver the connection to the woodland and associated footpaths within that space. Finally, the remainder of the development will be completed and handed over in phase 3. Design and Layout 44 LDP2 Policy 1A: Placemaking states that development must contribute positively to the quality of the surrounding built and natural environment. All development should be planned and designed with reference to climate change, mitigation and adaptation. The design, density and siting of development should respect the character and amenity of the place, and should create and improve links within and, where practical, beyond the site. Proposals should also incorporate new landscape and planting works appropriate to the local context and the scale and nature of the development. LDP Policy 1A and Policy 1B list a range of criteria upon which design matters will be assessed. 45 LDP2 Policy 2 Design Statements states that Design statements will normally need to accompany a planning application if the development comprises five or more dwellings. 46 The submitted Design and Access Statement sets out the main response to Policy 1B list of criteria i.e. sense of identity, the consideration of site topography, design and density. The new buildings, streets and spaces are designed to be safe, accessible and inclusive. In addition, the proposed dwellinghouses are designed to be adaptable, and in line with current guidance on climate change and low carbon development. 47 In this instance, the proposed development seeks planning permission for a total of 103 residential dwellings, SUDs drainage, landscaping, footpaths parking, amenity space, and the formation of a new access. The proposed development will comprise of a mix of 83 dwellinghouses and 20 flats, all of which will be delivered as Affordable Housing. Page 93 of 216
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48 The proposals consist of 1 and 2-bedroom cottage flats and 2, 3 and 4-bedroom homes in semi-detached and terraced configurations. There will also be a minimum of 10% homes available to be adapted for wheelchair users. The homes proposed within the development provide a wide range of different house types in a variety of locations providing a broad range to meet the local housing demand for this area. 49 It is intended that the development will have a contemporary, modest appearance, and the designs have been developed with a simple palette of good quality materials. The following is a basic list of materials being proposed. 1. Base course and feature walls - Grey Fyfestone. 2. Windows & Doors - White UPVC. 3. Cedral Cladding - Blue/grey. 4. Render - Cream / off white Drydash. 5. Fascia & Soffit – White. 6. Rainwater Gutters & Downpipes - White UPVC. 7. Roof - Smooth Grey. 50 Furthermore, all the properties will benefit from an area of private amenity space (in the form of an enclosed rear garden). Each garden will include a seating area, drying space and places to store individual refuse bins, all being serviced by a rear or side path and gate. 51 The proposed layout has been designed with 1 main street serving all 103 homes. The access road will be 6m in width and have parking taken directly off the street. The parking areas have been designed as single sided in areas to allow the development to feel as open and accessible as possible. 52 The use of 90 degree bends in the road will act as a natural traffic calming within the development, allowing movement to feel less restricted for pedestrians. The primary surface treatment within the development will be asphalt which will be used on the main entrance roads and footpaths within the development. 53 There are currently 129 parking spaces proposed, which will also be finished in asphalt, with parking bays painted on for delineation. The layout offers a range of pedestrian footpaths, some set back from the main road and itself providing good connectivity to all green spaces. All the formal footpaths and rear/side garden paths will be DDA compliant, with informal footways to be developed over time. It is envisaged that the landscaping scheme will naturally facilitate additional desire lines leading to areas of open space. In terms of layout and design, the proposed development is considered to be in accordance with LDP2 Policies 1A, 1B, 1D, 2 and NPF4 Policies 14,15,16 and 17. Landscape and Visual Amenity 54 LDP 2 Policy 39: Landscape states that development should be compatible with the Distinctive characteristics and features of Perth and Kinross’ landscapes. In Page 94 of 216
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this instance, the site area is characterised by self-seeded trees and shrubs, with several worn paths through the site from low-impact, local recreational use. 55 The application site is a former pig farm and has been vacant for a number of years, and is, presently, an area of open space. The proposed development will result in the re-use of a prominent, but vacant, site, which will improve the overall character and appearance of the surrounding area. The existing landscape of the site is characterised by derelict farm buildings, and a large, prominent hillock, located in the centre of the site, with an existing cover of re- seeded trees and shrubs Furthermore, there are a number of areas where previous quarrying and dumping of materials from the demolished farm took place. Due to the severe difference in levels on the site, there are significant areas of “cut” required in order for the development to meet Roads and Building Warrant standards and requirements. In order to stabilise the existing ground and provide a suitable slope, further areas of “cut” are proposed along the northern boundary. All areas of “cut” will be filled with a suitable material, which will be recycled form the wider site. Furthermore, the proposed earthworks will necessitate the felling of a number of trees, but the level of compensatory panting that has been proposed will compensate for the loss. As a result of the proposed development, there will be an overall improvement in the visual quality of the approach to Blairgowrie, along Balmoral Road. 56 The landscape of the proposed development, and its context, form an important element of the character of the area. The existing topography has been respected, and boundary features and trees have been incorporated, ensuring that the development is in-keeping with the character and appearance of the local area. The useable open space will provide enhanced visual amenity and ecological benefits. The use of ornamental planting, adjacent to the parking bays, will help soften the view of cars when parked and add to the visual amenity of the development as a whole. 57 Furthermore, given their height and overall scale, the proposed dwellinghouses will be commensurate with the local vernacular and will not result in overdevelopment of the site or surrounding area. In terms of open space provision for new residential developments, Perth and Kinross Council require 80sq.m per dwelling. This equates to 8240sq.m of useable, public open space In this instance, it is proposed to provide over 20000sq.m of accessible, open space. Every dwellinghouse proposed will have private amenity space of 9 or 10m in length. 58 Overall, the proposed development will not have an adverse impact on the visual amenity of the site and surrounding area. In light of this, the proposed development is in accordance with LDP2 Policy 39 and NPF4 Policy 4 Residential Amenity 59 LDP2 Policy 17: Residential Areas, highlights that areas of residential and compatible uses inside settlement boundaries will see existing residential Page 95 of 216
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amenity protected and, where possible, improved. Given the size, scale, height and positioning of the proposed dwellinghouses, there will be no loss of privacy for existing properties in the local area. Furthermore, given the distance between the properties and the level of private garden ground proposed, there will be no issues of overlooking for future residents. 60 LDP2 Policy 56: Noise Pollution states that there will be a presumption against the siting of development proposals which will generate high levels of noise in the locality of existing or proposed noise sensitive land uses and similarly against the locating of noise sensitive uses near to sources of noise generation. 61 In this instance, an Air Quality Screening Assessment (AQSA) has been submitted. Whilst the predicted traffic flow associated with the development marginally exceeds the criteria, a detailed Air Quality Assessment AQA is not required. The air quality sensitivity of the area is low, and the concentration levels laid out in Table 1 of the AQSA submitted indicate this. In light of this, the impact on air quality of traffic from the proposed housing development would likely be of negligible significance. The AQSA also includes proposed dust mitigation measures, to be implemented throughout the construction phase. A condition (condition 3) has been included to ensure that these measures are incorporated into the Dust Management Plan contained within the submitted Construction Environmental Management Plan (CEMP). 62 In terms of nuisance from noise, the submitted Construction Environmental Management Plan (CEMP) states that the hours of working will be Monday – Friday 0700 – 1900 and 0800 -1300 Saturday, which is in line with PKC Environmental Health Service’s guideline hours. However, the plans include the provision of air source heat pumps (ASHPs). Although there is no supporting information supplied with the application regarding the make and model of the ASHPs to be installed, it is expected that they will be of a domestic size, which will, typically, have a measured sound pressure level in the region of 45Db to 60dB at 1m. In order to protect residential amenity, the standard informative (Informative 18), based on Noise Rating, has been included. In light of the above, and subject to condition, the proposed development is considered to be in accordance with LDP2 Policies 17, 56 and NPF4 Policies 14 and 16. Roads and Access 63 LDP2 Policy 15: Public Access states that development proposals that would have an adverse impact upon the integrity of any (including 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. 64 In this instance, all vehicular access will be via a new priority junction to Hatton Road, which will be adopted by PKC. The development speed limit will be 20mph and footpaths are proposed on both sides of the road as it moves north into the site, but a footpath will only be on the north side of the road as it moves west into Page 96 of 216
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the site. This being the case, condition 19 has been included, to ensure that details of a new footpath along Hatton Road to the east of the site, are submitted prior to development commencing on site. 65 Furthermore, it is proposed to provide 2 metre wide footways throughout the site, which will permit residents, and any visitors with reduced mobility, a suitable space to walk or wheel. In addition, in order to ensure full connectivity with the local path network and the BMX track, located to the south east of the site, conditions 15 and 16 have been included. 66 A Construction Traffic Management Scheme (CTMS) has been provided by the applicant, which provides details for the general construction of the site, and to ensure its proper management. In light of this, condition 13 has been included to ensure that all the recommendations and conclusions of the CTMS are implemented in full. 67 LDP2 Policy 60A: Existing Infrastructure, sees existing transport infrastructure identified, and encouragement given to the retention and improvement of these facilities provided the improvements are compatible with adjoining land uses. 68 The existing bus stops on the A93, which serve the Stagecoach 63 local Blairgowrie route, are located approximately 500m from the centre of the development. However, there is only a footpath on the southbound side of the road at this location and no formal bus stop signage is in place on either side of the carriageway. This being the case, condition 17 has been included to ensure that public transport improvements are undertaken to upgrade the bus stops with new hard standing and Real Time Passenger Information displays. 69 LDP2 Policy 60B: New Development Proposals, states that all development proposals that involve significant travel generation should be well-served by, and easily accessible to all modes of transport. In particular, sustainable modes: walking, cycling and public transport should be considered, prior to private car journeys. 70 A residential travel plan for the development is necessary to encourage the use of alternative travel methods. In light of this , the applicant has set out a framework for the delivery of a residential travel plan. Furthermore, condition 15 has included to ensure the delivery and future monitoring of the Travel Plan. 71 In light of the above, it is considered that the proposed development is in accordance with LDFP2 Policies 15, 60A, 60B and NPF4 Policies 13 and 15. Drainage and Flooding 72 LDP2 Policy 52: New Development and Flooding, states that the Council supports the actions and objectives to avoid increased, reduce overall, and more generally manage flood risk in alignment with SEPA Strategies and Plans. NPF4 Policy 22 states that development proposals must have regard to the water Page 97 of 216
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environment, and drainage, including floodwater management, within any proposal. 73 In this instance, it has been noted that the SEPA flood maps indicate there may be some low/medium probability of surface water flooding. There is no likelihood of coastal or future coastal flooding and no likelihood of fluvial, or future fluvial flooding at the site In addition, a Flood Risk Assessment has been submitted with this application. There is a minor area of low likelihood of surface water flooding at the northernmost point of the site. In addition, there is a medium to high likelihood of surface water Flooding across the southeastern area of the site. 74 Furthermore, as outlined by NPF4 Policy 22 (Flood Risk and Water Management) and LDP2 Policy 53C (Water Environment and Drainage: Surface Water Drainage), disposal of surface water should be managed through sustainable urban drainage systems (SUDS) to enhance opportunities for natural flood management. All drainage infrastructure shall be detailed on the proposed site plan and the applicant shall demonstrate that a positive flow of water is maintained, preventing the discharge of water onto the public road network. 75 In light of this, a SuDS scheme has been proposed for the south west corner of the site, which will be installed during Phase 1 of the development. The Council’s Structures and Flooding Team were consulted as part of this application and have no objection to offer, subject to the application of a condition requiring further details of the SuDS (condition 20). Furthermore, the proposed SuDS will provide additional opportunities for habitat creation and ecological enhancements. Informative 20 has been included in order to provide further advice to the applicant. 76 LDP2 Policy 53B: Foul Drainage, requires that foul drainage from all developments within, and close to, settlements should connect to the public sewer. In this instance, This proposed development is within the Blairgowrie Waste Water Treatment Works catchment. foul and surface water drainage connections into the Scottish Water Network have been designed. External Consultee response from Scottish Water states that no Drainage Impact Assessment (DIA) is required for the foul water connection. However, a PDE must be submitted to Scottish Water before any development can commence. 77 A Drainage Strategy Report has been submitted with this application, which outlines the treatment levels for the proposed drainage systems and has been agreed by Scottish Water. Furthermore, Scottish Water have confirmed that foul water connections from the development will be accepted into the existing network. In light of the above, it is considered that the proposed development is in accordance with LDP2 Policies 52,52B,53C and NPF4 Policy 22. Waste Collection 78 The Council’s Community Waste Advisor is satisfied with the proposed waste Management. Arrangements. However, the developer should ensure that all Page 98 of 216
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roads are suitable for access by refuse collection vehicle travelling in a forward motion. Where a reverse is required, this should be kept to a minimum and a turning circle of 24m (diameter) should be maintained. This has been covered by the inclusion of Informative 13. Therefore, the proposed development is, subject to an informative, in accordance with LDP2 Policies 36A, 36B: Waste Management, and NPF4 Policy 12: Zero Waste. Conservation Considerations 79 Polices 26A, 26B and 27A of the LDP2 and Policy 7 of the NPF4 are applicable to the application. In relation to archaeology and the planning process, as outlined by NPF4, the proposed development does not raise any significant issues. This being the case, no further archaeological mitigation is required in this instance. Therefore, the proposed development is considered to be in accordance with LDP2 Policies 26A, 26B and 27A, and NPF4 Policy 7. Natural Heritage and Biodiversity 80 LDP2 Policy 40: Forestry, Woodland, and Trees states that Tree Surveys, undertaken by a suitably qualified professional, should accompany all applications for planning permission where their sites contain trees and that there is a presumption in favour of protecting woodland resources. 81 The woodland areas at the site do not feature in the ancient or native woodland inventory. The site is not located within the Blairgowrie Conservation Area, and none of the trees on site are subject to a Tree Preservation Order. 82 Although the Tree Retention and Removal Plan identifies the root protection area, no Tree Protection Plan or Arboricultural Method Statement have been provided. However, this has been addressed by the inclusion of condition 4. 83 Trees are proposed within the site frontages, and the open space areas, using extra heavy standards, and multi-stemmed tree stock. In addition, an orchard is also proposed close to the east boundary of the site. The proposed tree species selection at this location is considered acceptable. However, a more linear panting arrangement along the northern boundary would be preferable. Condition 5 has been included to secure a revised planting scheme for this part of the site. A further condition (condition 11) has been included to ensure that a pre- commencement site meeting with PKC Tree Officer takes place, to inspect tree felling & tree protection measures. Given that the shrub species selection, particularly the use of Dianthus Deltoides & Polystichum Setiferum, is not appropriate for this locality, a further condition (condition 12) has been included to ensure that a revised species selection is submitted prior to development commencing on site. 84 In this instance, the submitted Arboricultural Impact Assessment states that 8 individual trees and 2 tree groups require to be removed in order to allow this development to proceed. Much tree removal is for groundworks due to the Page 99 of 216
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varying site levels, and therefore, seems justifiable. However, PKC Biodiversity Officer still has some concerns in relation to the proximity of proposed dwellings to woodland and the potential effects of shade onto gardens. It is proposed to plant shrub species that will reach a lower height than other existing tree species on site. The proposed solution, if complaints arise in future, is to coppice the trees to retain a manageable native woodland of species such as juniper and hazel. 85 In light of the above, a detailed landscaping and planting plan should be submitted, outlining all proposed tree and shrub planting to clearly demonstrate that sufficient compensatory planting has been provided. Underplanting the knoll with some understory species should also be included in this plan. This has been covered by the inclusion of condition 5. 86 LDP2 Policy 41: Biodiversity states that the Council will seek to protect and enhance all wildlife and wildlife habitats, whether formally designated/protected or not. All whilst taking into account the ecosystems and natural processes in the area. In accordance with NPF4, development proposals for major development will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity, including nature networks so they are in a demonstrably better state than without intervention. This will include future management. This being the case, condition 7 has been included to ensure that a revised Biodiversity Study is submitted prior to development commencing on- site. 87 An Ecological Impact Assessment has been submitted with this application, which is considered to contain sufficient information to determine any risks to local species and their habitats. Furthermore, the submitted Report to Inform Appropriate Assessment is sufficient to allow PKC to undertake the Habitat Regulations Assessment (HRA). In addition, condition 6 has been included to ensure that a revised Construction Environment Management Plan (CEMP) is submitted, in order to protect local watercourses from the effects of pollution and sediment. 88 The revised Site Biodiversity Action Plan (Revision C) contains the requirements outlined in the PKC Planning for Nature Supplementary Guidance including swift bricks, bat bricks, bug hotels, hedgehog highways and wildlife friendly lighting. However, wildlife kerbs and amphibian ladders, installed adjacent to all road gullies within 500m of a SuDS Pond, have not been included. This has been addressed by the inclusion of condition 9. However, condition 8 has been included to ensure that an updated Ecology Survey is submitted. 89 It has been recommended that the creation of log piles, utilising some of the timber onsite to create natural habitat piles, should be undertaken. Making cuts in trees to create natural spaces for birds and bats is also encouraged An orchard is also proposed which will result in further biodiversity enhancements in terms of habitat creation for birds, bees and insects. In light of this, condition 10 has been Page 100 of 216
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included to ensure that further biodiversity enhancement measures are submitted. 90 In light of the above, it is considered that the proposed development is in accordance with LDP2 Polices 40, 41 and NPF4 Policies 3 and 4. Developer Contributions 91 The Council’s Affordable Housing Policy requires that 25% of the total number of houses, above a threshold of 5 units for which planning consent is being sought, is to be in the form of affordable housing. In this instance, the proposed development is for 100% affordable housing. A tenure mix for the delivery of the affordable housing has been agreed with PKC Affordable Housing Team, whereby 17 of the first 46 properties built are proposed for either mid-market rent or low-cost home ownership, or a mix of both, and 29 are for social rent. It is expected that the remaining 57, will be delivered by Hillcrest Housing Association as 25 mid-market rental properties, and the remaining 32 for social rent. In light of this, a Section 75 Agreement will be required in order to ensure that the affordable housing is delivered as per the agreed tenure mix. 92 In this instance and given that PKC Community Greenspace Team will not be adopting any of the greenspace within the development, the only requirement would be for a financial contribution of £29,817 towards the maintenance of the nearby BMX track. 93 It is proposed that this contribution should be secured through the aforementioned section 75 Legal Agreement, with the sum agreed prior to the determination of the application and secured prior to release of decision notice. 94 In terms of a financial contribution towards increased primary school capacity, this proposal is within the catchment of Rattray Primary School. Education & Children’s Services have no capacity concerns in this catchment area at this time. In light of this, no financial contribution towards education is required. Economic Impact 95 The development of dwellinghouses at this location will provide jobs directly and indirectly during construction and, afterwards, have a positive impact through homeowners spending on goods and services in the local economy and beyond. Variation of Application Under Section 32A 96 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 trees and landscaping, roads and transportation, biodiversity / ecology and developer contributions. Page 101 of 216
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Planning Obligations and Legal Agreements 97 Developer Contributions in terms of play area upgrade and BMX track to be delivered via a Section 75 Agreement. Furthermore, the Section 75 Agreement is required to secure the full delivery of the agreed tenure mix for the proposed affordable housing. Direction By Scottish Ministers 98 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 99 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for approval subject to the following conditions. Recommendation Approve subject to the following conditions: Conditions and Reasons for Recommendation General 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. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at any time on Sundays. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality during the construction period Page 102 of 216
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Environmental Health 3. Dust mitigation measures as provided in the Air Quality Screening Assessment (AQSA) (document 60 relates) shall be incorporated into the Dust Management Plan contained within the submitted Construction Environmental Management Plan (CEMP), for the duration of the construction period. Reason - In the interest of protecting residential amenity. Biodiversity and Natural Environment 4. Prior to the commencement of any works on site, all trees on site (other than those marked for felling on the approved plans) and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the duration of construction Reason - In the interests of protecting environmental quality and of biodiversity. 5. Prior to the commencement of the development hereby approved, a detailed landscaping and planting scheme, for the site, including the existing Drumlin, shall be submitted for the further written agreement of the Council as Planning Authority. The scheme shall include details of the species, height, size, location, density and maintenance regime of trees and shrubs to be planted, and should include further planting for the existing knoll, located in the centre of the site. The scheme must illustrate that adequate compensatory tree planting for lost trees will be achieved with at least 3 trees planted for every tree lost. The scheme, as subsequently approved, shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. Reason - In the interests of protecting environmental quality and of biodiversity. 6. Prior to works commencing, a revised Construction Method Statement/ Construction Environmental Management Plan outlining the measures to protect watercourse from the impact of pollution and sediment to ensure no adverse effects shall be submitted and approved in writing by the Council as Planning Authority. Thereafter, the agreed scheme shall be adhered to for the entirety of the construction period. Reason - In the interests of protecting environmental quality and of biodiversity. 7. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document 52 relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development, and implemented in full. Page 103 of 216
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Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 8. An updated ecology survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the ecology survey approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 9. Prior to the completion or occupation of the development hereby approved, whichever is the earlier, wildlife kerbs and amphibian ladders shall be installed adjacent to all road gullies within 500metres of a SUDS pond or watercourse. Thereafter, the kerbs shall be retained in a reasonable condition for the life of the development. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 10. Prior to the completion or occupation of the development hereby approved, all biodiversity enhancement measures listed within the submitted and hereby approved Site Biodiversity Action Plan (Revision C) shall be provided. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development. Reason - In the interests of protecting environmental quality and of biodiversity. 11. Prior to the commencement of any works on site, an independent and fully qualified Arboricultural Clerk of Works (ArbCow) shall be appointed at the developers' expense. Details of this appointment shall be subject to the prior written agreement of the Council as Planning Authority. The appointed person will remain in post for the duration of the construction and shall have the responsibility of ensuring tree protection measures are implemented in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction, and tree protection measures are maintained secure at all times, and until completion of the development. In addition, the following is required; (a) The developer's appointed ArbCow to contact the local planning authority tree officer in order to arrange a prestart meeting to agree on site tree pruning works required to facilitate the development, but before commencement of development. Page 104 of 216
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(b) The developer's appointed ArbCow to contact the local planning authority tree officer to arrange a prestart meeting for inspection of all tree & ground protection measures, before commencement of development. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 12. Prior to the commencement of the development hereby approved, a revised species selection plan for the proposed shrub planting shall be submitted for the written agreement of the Council as Planning Authority. The scheme shall include details of the species, height, size and density of shrubs to be planted. The scheme, as subsequently approved, shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the planting scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme, as agreed, shall thereafter be implemented and maintained. Reason - To ensure a satisfactory standard of development and environmental quality and to ensure the satisfactory implementation of the revised shrub planting scheme. Roads and Transportation 13. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; c) a code of conduct for HGV drivers to allow for queuing traffic to pass; d) arrangements for liaison with the Roads Authority regarding winter maintenance; e) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; i) details of information signs to inform other road users of construction traffic; Page 105 of 216
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j) arrangements to ensure that access for emergency service vehicles are not impeded; k) co-ordination with other significant developments known to use roads affected by construction traffic; l) traffic arrangements in the immediate vicinity of temporary construction compounds; m) the provision and installation of traffic counters at the applicant's expense at locations to be agreed prior to the commencement of construction; n) monitoring, reporting and implementation arrangements; o) arrangements for dealing with non-compliance; and p) details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management. 14. No part of the development shall be occupied until a detailed Travel Plan (TP), aimed at encouraging more sustainable means of travel, has been submitted to and agreed in writing by the Council as Planning Authority. The TP will have particular regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided, any phasing, the system of management, monitoring, review, reporting and the duration of the Plan. The TP as agreed shall be fully implemented. Reason - To promote sustainable transport options and to meet advice within National Planning Framework on transport. 15. Prior to the occupation of either plot 01, 02, 03, 04, 05, 06, 07 or 08, whichever is the earlier, the proposed footpath connection to the southeast of Plot 01, linking into the play park and shown on document 55 hereby approved, shall be fully implemented and provided in an asphalt. For the avoidance of doubt, the applicant shall agree and detail in advance of works commencing of the footpath connection, the intentions for the existing boundary feature, whether open access to the play park or gated access is to be provided. Reason - In the interest of sustainable transport. 16. Prior to the occupation of either plot 17, 18, 19, 20 or 21, whichever is the earlier, the proposed stepped access to the southeast of Plot 17, linking into the BMX track and shown on document 56 hereby approved, shall be fully implemented. For the avoidance of doubt, the applicant shall agree and detail in advance of works commencing of the stepped access, the intentions for the existing boundary feature, whether open access to the play park or gated access is to be provided. Reason - In the interest of sustainable transport. Page 106 of 216
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17. Prior to the occupation of the first dwellinghouse, the developer shall provide and install on appropriate hard stand asphalt areas, bus shelters on the A93 in a northbound and southbound direction on the A93 at a location to be agreed in writing with the Public Transport Unit. Each bus stop hard standing area shall be supplied with a 3 bay enclosed bus shelter (Cairngorm style) and installed with passenger information board, LED spotlights (one per bay), a 28in Ultra- Wide Display Screen for Real Time Passenger Information installed on the approach side of the shelter and a 24/7 electrical power supply to a Haldo pillar adjacent to the shelter to provide power for the LED lighting and Real Time Passenger Information display to be operational. The design, specification and operation shall agreed in writing by the Council as Planning Authority, in consultation with Perth & Kinross Council’s Public Transport Unit, prior to installation. In the event that it is not possible to installed on the A93, an alternative shall be agreed in writing with the Planning Authority. Reason - In the interest of sustainable travel. 18. Prior to commencement of any development on site, a detailed design showing the footway along Hatton Road from the site entrance in a southeasterly direction along the edge of the Common to a point directly opposite the dropped kerb to the south of the property known as Lilybank, where the new footway shall be provided with a linked dropped kerb. The detailed shall be submitted to and approved in writing by the Planning Authority. The submission will confirm the width of the footway, position of the dropped kerb, position of the lighting columns and position of road signage. The approved footway shall thereafter be implemented in full, prior to the occupation of the first dwellinghouse. Reason - In the interests of road, pedestrian safety and connectivity with the developments to the southern side of Hatton Road. Contamination 19. Development shall not commence on site until an evaluation for the potential of the site to be affected by contamination by a previous use has been undertaken and, as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been submitted for consideration and accepted by the Council as Planning Authority. If the preliminary risk assessment identifies the need for further assessment, an intrusive investigation shall be undertaken to identify; I. the nature, extent and type(s) of contamination on the site II. measures to treat/remove contamination to ensure the site is fit for the use proposed III. measures to deal with contamination during construction works IV. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Page 107 of 216
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Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason - In order to deal with any potential ground contamination as a result of the previous use. Flooding 20. Development shall not commence on site until a detailed sustainable urban drainage system (SUDS) has been submitted for the written agreement of the Council as Planning Authority, in consultation with SEPA where necessary. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council's Flood Risk and Flood Risk Assessments Developer Guidance, and shall incorporate source control. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason - To ensure the provision of effective drainage for the site. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes Permission shall not to be issued until the Section 75 Agreement has been signed and registered to take account of this application. The legal agreement should be concluded and completed within 4 months of the date of any Committee approval. Failure to conclude a legal agreement within 4 months will result in the planning application being re-assessed through failing to comply with the associated developer contributions policy and may be ultimately recommended for refusal under delegated powers Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act which may result in enforcement action being taken. 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. Page 108 of 216
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3. This development will require the 'Display of notice while development is carried out', under Section 27C (1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. According to Regulation 41 the notice must be: • Displayed in a prominent place at or in the vicinity of the site of the development • Readily visible to the public • Printed on durable material 4. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority consent to construct a new road prior to the commencement of roadworks. 5. The applicant should be advised that in terms of Section 56 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority consent to open an existing road or footway prior to the commencement of works. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 6. Street lighting infrastructure present at the site, discussions must be had with the Street Lighting Partnership to obtain the locations of infrastructure and its relocation to facilitate the vehicle access. Contact Mark Gorrie at Perth & Kinross Council Street Lighting Department for further details. 7. Please consult the Street Naming and Numbering Officer, The Environment Service, Perth and Kinross Council, Pullar House, 35 Kinnoull Street, Perth PH1 5GD for a new postal address. The form is downloadable from www.pkc.gov.uk and should be returned to snn@pkc.gov.uk. 8. The applicant is advised that the detailed design of all SUDs shall conform to 'PKC Flooding and Flood Risk Guidance Document (June 2014)', or any subsequent update. 9. The applicant is advised that the granting of planning permission does not guarantee a connection to Scottish Water's assets. The applicant must make a separate application to Scottish Water Planning & Development Services team for permission to connect to the public wastewater system and/or water network and all their requirements must be fully adhered to. 10 No work shall be commenced until an application for building warrant has been submitted and approved. 11. The applicant is reminded that, should any protected species be present, a licence may be required from NatureScot to disturb a protected species. Failure Page 109 of 216
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to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are severe for non-compliance. 12. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended, it is an offence to remove, damage or destroy the nest of any wild birds while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this act. 13. The applicant is advised that refuse collection vehicles will only enter the site during construction phases where there is clear access and suitable turning; this means that Waste Services may not be able to provide a full kerbside recycling service to residents whilst the build is ongoing and bins may have to be emptied from a specified (and agreed) collection point until full access is made available for refuse collection vehicles. The developer must contact the Community Waste Team to discuss bin collections as the site progresses. 14. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, they must obtain 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. 15. The applicant can seek guidance on the detailed design and positioning of the cycle storage from Transport Scotland's Cycling by Design 2021 or similar design guide. 16. 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 trees and landscaping, roads and transportation, biodiversity / ecology and developer contributions. 17. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 18. The Air Source Heat Pumps shall be certificated in accordance with Microgeneration Certification Scheme 007 and installed by an installation company certificated in accordance with Microgeneration Installation Standard 3005 and in compliance with the calculation procedure contained in Table 2 of Microgeneration Certification Scheme Planning Standards (MCS 020), confirming that the permitted development noise limit of 42 dB LAeq,5 mins will be met. In addition, the Air Source Heat Pump shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Page 110 of 216
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19. 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 this development. 20. Existing buildings or structures 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. 21. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. Background Papers Letters of representation 5 Authors Name Designation Contact Details Alan Atkins Planning Officer (Majors) developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 18 December 2025 Page 111 of 216
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Ü © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 7 January 2026 25/00609/FLM Erection of 83 affordable dwellinghouses and 20 affordable flats, associated infrastructure and landscaping on land 90 Metres East of Westfields of Rattray, BlairgowrieScale 1:25,000 5(2)(i) Page 113 of 216
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Ü © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 7 January 2026 25/00609/FLM Erection of 83 affordable dwellinghouses and 20 affordable flats, associated infrastructure and landscaping on land 90 Metres East of Westfields of Rattray, BlairgowrieScale 1:10,000 5(2)(i) Page 115 of 216
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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. 26/3) Proposal: Erection of a dwellinghouse and associated works (Revised Proposal) Location: Land 40 metres east of Anemone, Balnaskeag, Kenmore, Aberfeldy, PH15 2HB Ref. No: 24/01857/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 This application seeks approval for the construction of a two-bedroom, single storey dwellinghouse at the eastern end of Balnaskeag, in countryside to the south-east of Kenmore. 2 The site occupies a wedge formed by the Balnaskeag Road to the south, and the A827 road downhill to the north. To the west is the existing residence at ‘Anemone’, part of a four-house development which was granted permission in October 2015 (Ref: 15/01481/FLL), following earlier permission ref: 14/02156/FLL in February 2015. 3 The site is also in the Taymouth Castle Gardens and Designed Landscape, the River Tay Special Area of Conservation Catchment, and within a wider area designated as Ancient Woodland. 4 The proposal has attracted a community council objection and more than six objections from members of the public. It is therefore required to be considered at Planning and Placemaking Committee. 5(3)(i) Page 117 of 216
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Site History 6 None relevant Pre-Application Consultation 7 Pre application Reference: 23/00189/PREAPL 8 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 9 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 10 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. 11 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate mitigation and adaptation • Policy 3: Biodiversity • Policy 6: Forestry, woodland and trees • Policy 7: Historic Assets and Places • Policy 12: Zero Waste • Policy 13: Sustainable transport • Policy 14: Design, quality and place • Policy 17: Rural Homes • Policy 18: Infrastructure first • Policy 22: Flood risk and water management Perth and Kinross Local Development Plan 2019 12 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 Page 118 of 216
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economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 13 The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 19: Housing in the Countryside • Policy 29: Gardens and Designed Landscapes • Policy 32: Embedding Low and Zero Carbon Generating Technology in New Development • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 53E: Water Environment and Drainage: Water Supply • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 14 • Supplementary Guidance - Air Quality (adopted in 2020) • Supplementary Guidance - Delivering Zero Waste (adopted in 2020) • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Housing in the Countryside (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) Other Material Considerations PKC Non Statutory Guidance 15 • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft) Page 119 of 216
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National Guidance 16 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 17 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 Creating Places 2013 18 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 19 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 20 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 21 Local Place Plans are community-led plans setting out proposals for the development and use of land and set out a community’s aspirations for its future development. The application site does not lie within an adopted Local Place Plan area, and as such raises no issues in respect of the consideration of this application. Page 120 of 216
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Consultations 22 As part of the planning application process the following bodies were consulted: External 23 Historic Environment Scotland - No comments to make. 24 Scottish Water - No objection, subject to standard advice. A Water Connection Application and Waste Water Application will be required to Scottish Water. Scottish Water Infrastructure may exist within the proximity of the development area and the Scottish Water Asset Impact Team should be contacted. 25 Kenmore Community Council - objects on the following grounds: • Would not contribute positively to quality of area in terms of character, amenity or natural heritage. • Contrary to Rural Homes policy, and is not an infill site as claimed. • Road safety concerns • Access restriction across adjacent land. • Concerns about utility access to adjacent land • Concerns regarding water runoff, with sheet ice on A827 during winter. • Wastewater Provision unclear • Ecological Assessment required • Planning permission should not be granted until ongoing enforcement action is resolved. • Loss of on-site trees • Adverse impact on Ancient Woodland • New tree planting on adjacent land could impact underground utilities and result in loss of view to existing residents Internal 26 Biodiversity - Proposed development is contrary to NPF4 because of its proximity to ancient woodland and associated impact on its ecological condition. In order to be in accordance with NPF4, the following is required: • Reduce impacts of the proposed development to ancient woodland by revising the site layout to allow a significant buffer between the house and garden planted with trees and shrubs native to Scotland and not non-natives such as Himalayan birch; • Confirmation of biodiversity enhancement measures informed by the recommendation in the submitted Preliminary Ecology Survey Report; • Construction Environmental Management Plan to protect River Tay Special Area of Conservation; • Landscaping plan including native species as recommended in the submitted Preliminary Ecology Survey Report. Page 121 of 216
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27 Development Contributions Officer - No contributions required in respect of Primary Education, as there are no capacity concerns in the Kenmore Primary School catchment. 28 Structures and Flooding – No objection following receipt of updated information. 29 Transportation and Development – No objection, subject to conditions regarding street lighting, vehicular access formation, detailed culvert design, visibility splays, no surface water or aggregate runoff to the public road. Informative requested in respect of roads-related consent. 30 Environmental Health (Noise Odour) – No objections subject to informative regarding stove flue. Representations 31 14 valid representations were received. The main issues raised within the representations are: • Adverse Effect on Visual Amenity • Contrary to Development Plan Policy • Flooding and Drainage Concerns including surface water runoff and freezing • Inappropriate Housing Density • Lack or Loss of Car Parking • Light Pollution • Noise Pollution • Loss of Open Space • Loss of Sunlight or Daylight • Not an infill site; would set a poor precedent for encroachment into undeveloped land. • Adverse impact on biodiversity including bluebells, frogs, newts. • Ecological survey may be required. • Loss Of Trees; Inadequate Tree Planting • Proposed tree planting outwith red site boundary would be difficult to enforce and obstruct open views of the landscape • Loss of grassland and shrubbery; diminished scope for biodiversity enhancement • Out of Character with Area, including Historic Garden and Designed Landscape • Inappropriate Land Use • Over Intensive Development • Road Safety Concerns (including visibility and deliveries) • Traffic Congestion • Overlooking • Adverse impact on ancient woodland • No Construction Environmental Management Plan submitted Page 122 of 216
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• No details of construction deliveries to site • Risk of landslip • Limited Amenity space • Commentary regarding behaviour of individuals, including ongoing enforcement action on land adjacent to this application site • Enforcement matters should be resolved prior to granting of planning permission • Property boundary dispute regarding adjacent land • Drystane wall will be de-stabilised by construction access and foul water connection • Public access strip along the west of the site would be welcomed • Concern regarding restriction of access to existing utilities infrastructure. • Access restriction across adjacent land; should be restored by planning condition. • An underground high voltage cable is located within the site. 32 Most of these issues are addressed in the Appraisal section of the report. However, risk of landslip would be a matter for Building Standards rather than planning; Property boundary disputes are outwith the scope of this planning application; Loss of view is not a planning matter. 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 Preliminary Ecological Assessment Report and Drainage Details submitted Appraisal 33 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 identified elsewhere in this report. Page 123 of 216
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Principle 34 Policy 6: Settlement Boundaries of the Perth and Kinross Local Development Plan 2019 (LDP2) specifies that development will not be permitted, except within the defined settlement boundaries set out in the Plan. 35 Notwithstanding this, LDP2 Policy 19: Housing in the Countryside acknowledges that opportunities do exist for housing in rural areas to support the viability of communities, meet development needs in appropriate locations whilst safeguarding the character of the countryside as well as ensuring that a high standard of siting and design is achieved. 36 Whilst this is not an infill site as correctly emphasised in representations, Supplementary Guidance associated with LDP2 Policy 19 is supportive of dwellinghouses which add to a rural building group within a definable adjacent site provided that the following can be demonstrated: • new housing will respect the character, scale and form of the existing group, and will be integrated into the existing layout and building pattern; • new housing will not detract from the visual amenity of the group when viewed from the wider landscape; and • a high standard of residential amenity will be provided for both existing and new housing. 37 NPF4 Policy 17: Rural Homes does not directly refer to rural building groups, however Policy 9(b): Brownfield, Vacant and Derelict Land and Empty Buildings does offer some support for proposals on greenfield sites where explicitly supported by policies in the LDP. 38 In this instance, the site occupies an undeveloped wedge formed by the Balnaskeag Road to the south, and the A827 road to the north. To the west is the existing residence at ‘Anemone’, part of a four-house development which was granted permission in October 2015 (Ref: 15/01481/FLL), following earlier permission ref: 14/02156/FLL in February 2015. The site is not designated as open space in the LDP. 39 The site is therefore considered a definable site for the purposes of the LDP2 Housing in the Countryside Supplementary Guidance, and the principle of introducing a dwellinghouse is acceptable. However, it is acknowledged that this site is highly constrained by its sloping nature, the existence of a watercourse which runs diagonally across the plot close to its mid-point, the established building lines along Balnaskeag, and the fact that built form on this site would be highly visible when approaching Kenmore from the east. Therefore, the above matters require to be addressed, in addition to design, residential amenity, parking and access, drainage, trees, and biodiversity. Page 124 of 216
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Design and Layout, Visual Amenity, Landscape 40 The proposed dwellinghouse would be in the south-west corner of the site, and has been re-positioned during the course of the application to respect the established building line of Nos. 3-8 Balnaskeag further west. It is acknowledged that there is a dual building line along this stretch of the road, with the closest six semi-detached dwellinghouses immediately west of this plot being further recessed from the road than the current proposal. The constraints of the site are such that it is considered reasonable that the building line respects that of the properties further west, and would also ensure that the proposal was not overly prominent in views from the east approaching Kenmore. 41 The single storey, pitched roof design of the dwellinghouse, whilst having a more modern appearance in its use of timber cladding, respects the established form and proportions of existing houses along Balnaskeag. The use of vertical timber cladding with horizontal features and east gable fenestration ensures that there is visual interest without being overly prominent in wider views of what is a highly visible location, particularly from the A827. This would also be softened with an appropriate landscaping strategy, and planning conditions shall require further detail of this, in addition to the proposed external materials of the dwellinghouse itself (Conditions 2 and 3). Subject to such control, the proposal accords with NPF4 Policy 14: Design, Quality and Place and LDP2 Policies 1A and 1B: Placemaking. Residential Amenity 42 The adjacent dwellinghouse at ‘Anemone’ and its garden ground has the potential to be overlooked by a proposed dwellinghouse on this plot. The window serving the living and dining area of the proposed dwellinghouse would be primarily north-facing but would wrap around the north-west corner to the western gable wall. Whilst the window-to-window distance to affected windows at the neighbouring property would be approximately 12 metres, it would be oblique in nature and not result in harmful overlooking. It is also important to note that nature of affected windows at the neighbour, which serve an upper floor kitchen and stairwell area, and lower floor bedroom and garden access door. The extent of garden overlooking would again be oblique in nature and would be mitigated by proposed tree planting to be secured by planning condition. 43 The extent of overshadowing of the western neighbouring dwellinghouse would also be to acceptable levels. 44 The proposal also includes the provision of a single woodburning stove and flue. The Council’s Environmental Health Team have not objected on the grounds of air quality or odour disamenity to neighbouring residents, but advised that an informative draw attention to the applicant’s responsibilities to install, operate and maintain the stove system in accordance with the manufacturer’s recommendations, to accord with the Environmental Health Act 1990 (Informative 5). Page 125 of 216
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45 In terms of the proposed private amenity space, it is acknowledged that the hillside location is unconventional relative to a more typical garden space, however this does not constitute grounds for refusal of this application. 46 Therefore, the proposal would be acceptable in terms of its impact on residential amenity, and accords with NPF4 Policy 14: Design, Quality and Place and LDP2 Policies 1A and 1B: Placemaking. Roads and Access 47 It is acknowledged that representations have raised concerns regarding road safety and visibility along the A827. 48 The proposed site access would be from the Balnaskeag public road, and the proposed car parking meets the requirements of the National Roads Development Guide. There would also be sufficient vehicle turning space within the site. A post and wire fence of 1100mm high is proposed along the site’s road boundaries. 49 A planning condition shall ensure that no water or aggregates are discharged to the public road network, including from the proposed SUDS pond (Condition 11). A further condition shall ensure that forward visibility can be maintained from Balnaskeag towards the A827 (Condition 9). The applicant shall also be required by condition to extend the street lighting along Balnaskeag to encompass the vehicle access to the property, and maintain a service strip along the edge of the public road network (Condition 8). 50 The concerns raised in representations regarding traffic congestion are unfounded, due to the modest nature of this single dwellinghouse proposal. 51 Vehicular access consent will also be required from the Council as Roads Authority, and an informative shall draw attention to this. 52 Subject to the above conditional control, the proposal accords with NPF4 Policy 13 and LDP2 Policy 60B. Drainage and Flooding 53 Details of surface water drainage and a proposed on-site soakaway have been provided, and the Council’s Flooding Team is satisfied with these measures. Details of the proposed culvert of the watercourse to accommodate the pedestrian link between the car parking area and the main house shall be secured by planning condition to ensure there is no reduction in water flow (Condition 7). 54 Foul water drainage is to be transferred via a new pipe to the combined sewer further west which runs through land within the applicant’s ownership. Page 126 of 216
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55 Concern had been raised in representations regarding existing surface water runoff along the road which can turn to sheet ice in winter, and associated concerns regarding runoff from the proposed turning and parking area, which could have implications for both this and biodiversity. 56 Whilst it appears that most existing surface water runoff near the junction of Balnaskeag and the A827 comes from higher ground to the south-east and not directly from this application site, a planning condition shall require further details of hard and soft landscaping to ensure that such matters are not exacerbated in terms of the nature of permeable surfacing proposed (Condition 3). This is in addition to the condition set out in the Roads and Access section of this report which seeks to ensure that no water or aggregate runoff occurs to the public road network. 57 In addition, a Construction Environmental Management Plan as discussed in the Natural Heritage and Biodiversity section of this report shall ensure that the watercourse is not adversely impacted during construction (Conditions 4 and 5). 58 Scottish Water have not objected, but have emphasised that their Asset Management Team should be contacted in respect of existing Scottish Water infrastructure in the vicinity of the application site. An informative shall draw attention to their advice letter (Informative 6). 59 Therefore, subject to conditional control, the proposal accords with NPF4 Policy 22 and LDP2 Policies 53B, 53C and 53E. Waste Collection 60 An enclosure for bin storage is proposed next to the pedestrian entrance to the site, and is in accordance with NPF4 Policy 12: Zero Waste. Conservation Considerations 61 The plot is within the Taymouth Castle Historic Garden and Designed Landscape, and representations have raised concern regarding the proposal’s impact on this heritage asset. The proposal, by virtue of its limited scale, and position adjacent to existing dwellinghouses along Balnaskeag, would not adversely impact the Historic Garden and Designed Landscape and therefore accords with NPF4 Policy 7 and LDP2 Policy 29. Natural Heritage and Biodiversity 62 NPF4 Policy 3: Biodiversity and LDP2 Policy 41: Biodiversity seek to protect and enhance all wildlife and wildlife habitats whether or not formally designated, and promote biodiversity enhancement. NPF4 Policy 6: Forestry, Woodland and Trees and LDP2 Policy 40B: Trees, Woodland and Development seek to protect, expand and enhance tree cover and woodland, including Ancient Woodland. Page 127 of 216
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63 The Council’s Biodiversity Officer has raised concern, echoed in representations, at the site’s location partly within Ancient Woodland and the associated impact of the proposal on such a designation. NatureScot’s characterisation of the Ancient Woodland in this vicinity is “Long-Established of Plantation Origin” or LEPO, and has been interpreted from 1860s 1st Edition Ordnance Survey Maps. However, NatureScot’s website acknowledge that the Ancient Woodland Inventory is provisional. Having examined Ordnance Survey mapping of this area surveyed in 1862 (published in 1867), it is clear that the edge of established woodland at that time was further south of the current Balnaskeag Road, and actually predates that roads’ existence, whereas the woodland to the north of the A827 does indeed show up on such mapping. Whilst the plot is undoubtedly within 50 metres of ancient woodland, matters such as the 1862 mapping which shows this particular site as not being within long-established woodland, the site’s enclosure by two public roads and an existing residential plot to the west, and the enclosure of the ancient woodland to the north of the A827 by a stone wall, must all be considered. Therefore, the site circumstances are such that in this instance, the proximity to ancient woodland does not constitute grounds for refusal of this application, subject to appropriate biodiversity and tree planting measures being secured and implemented as discussed in this section. Restrictions on external lighting shall also be placed on the decision in the event of approval. 64 Separate to this, it is disappointing that three large Sycamore trees and a tall unidentified broadleaf tree were removed from this site between June 2022 and June 2023. Compensatory planting is required in respect of these trees, and in the interest of enhancing the biodiversity of the site whilst providing natural screening to better integrate the proposed development to its rural context. The applicant has proposed the planting of 12 sessile oak trees, however the submitted ecology survey has recommended a wider range of native species, and the relocation of existing tree saplings to a part of the site where they can be retained. A previous iteration of the submitted drawings showed tree planting on other ground within the applicant’s control to the west, however this no longer forms part of this proposal. In addition, it is noted from online street imagery and representations that bluebells have grown on the site in the past. Therefore, an updated Landscaping Plan shall be secured by planning condition to improve the proposed planting offer (Condition 3). 65 Linked to the requirement for an updated Landscaping Plan is a Scheme of Biodiversity enhancement to ensure that this element of NPF4 Policy 3 is met, following the recommendations of the submitted Ecology Report. A planning condition shall also secure this. 66 The Biodiversity Officer has also recommended that a Construction Environmental Management Plan (CEMP) is required to protect the River Tay SAC. Whilst the proposal is unlikely to have a significant impact on the SAC itself due to its modest scale and distance from River Tay and Loch Tay, appropriate protection of the watercourse which runs south-north across the site is required during construction, and the CEMP shall be therefore required by planning condition (Condition 5). Page 128 of 216
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67 It is therefore considered that on balance, the proposal would accord with the intent of NPF4 Policy 6 and LDP2 Policy 40B subject to conditional control. Low and Zero Carbon Generating Technologies 68 LDP2 Policy 32 ‘Embedding Low and Zero Carbon Generating Technology in New Development’ states that proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. As this proposal includes the erection of a new building, consideration must be given to this requirement. Further, NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ requires that development should be designed to reduce green gas emissions. In this instance, no technical details of how this would be achieved have been submitted with the current application, and as such a planning condition shall require this to be demonstrated (Condition 6). Planning Enforcement 69 It is acknowledged that planning enforcement action is ongoing regarding unauthorised development elsewhere within the applicant’s land. It is not reasonable for such matters to influence the determination of this application, which is assessed on its own merits. Other Matters 70 Representations have raised concern as regards the condition of a drystane wall along the northern boundary with the A827. The Council’s Roads Maintenance Partnership has confirmed that the wall is fully the responsibility of the landowner as it retains the land to the south. Therefore, the planning condition regarding landscaping shall require details of the wall’s repair to be submitted, and associated works to be carried out prior to the occupation of the proposed dwellinghouse, in the event of approval. A further condition shall ensure that any damage to the wall resulting from the development shall be made good at the applicant’s expense (Conditions 3 and 12). 71 It has been claimed that a high voltage cable runs through part of the site, although other representations suggest that work to replace overhead power lines with underground cables has not yet commenced. An informative shall draw attention to the applicant’s responsibilities to contact relevant operators prior to works commencing, in the event of approval (Informative 9). 72 In terms of facilitating access for utilities maintenance, this is a civil matter between utility operators and relevant landowners, and outwith the scope of this planning application. 73 Whilst there are access issues associated with the planning enforcement investigations on nearby land, this does not affect the ability for this particular site Page 129 of 216
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to be developed. It is not considered proportionate to require an access strip along the western boundary of this particular site, which does not contain a core path, right of way, or unmarked path. Developer Contributions 74 None required in this instance. Economic Impact 75 The economic impact of the proposal is likely to include the construction phase. Variation of Application Under Section 32A 76 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 design and siting of the proposal, and other supporting information relating to drainage, ecology and landscaping. Planning Obligations and Legal Agreements 77 None required. Direction By Scottish Ministers 78 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 79 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly the proposal is recommended for approval subject to the following conditions. . Recommendation Approve the application subject to the following conditions: Page 130 of 216
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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. Prior to the commencement of the development hereby approved, details of the specification and colour of the proposed external finishing materials to be used shall be submitted to and agreed in writing by the Council as Planning Authority. The scheme as agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. 3. Prior to the commencement of the development hereby approved, an updated landscaping and planting scheme for the site shall be submitted for the written agreement of the Council as Planning Authority. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and installation methods and, species, height, size and density of trees and shrubs to be planted. The scheme shall also detail a schedule of repairs to the roadside retaining wall along the north of the site with the A827 public road. The wall repairs as subsequently approved shall be carried out prior to the occupation of the dwellinghouses, whereas the approved landscape and planting details as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 4. Prior to the commencement of the development hereby approved, a Biodiversity Enhancement Plan shall be submitted to and approved in writing by the Council as Planning Authority, as informed by the submitted Ecology Report (Document 09 relates). Thereafter, the approved measures outlined in the plan shall be installed in accordance with the agreed details prior to the occupation of the dwellinghouse. Reason - In the interests of enhancing environmental quality and of biodiversity. Page 131 of 216
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5. No development shall take place on site until a Construction Method Statement has been submitted to and approved in writing by the Council as Planning Authority. The Construction Method Statement shall outline the measures to protect watercourses and residential receptors from the impact of pollution, sediment and dust to ensure no adverse effects. The approved Construction Method Statement shall thereafter be implemented as part of the construction phase of the development. Reason - In the interests of protecting environmental quality and of biodiversity. 6 Prior to the commencement of development hereby approved, a scheme shall be submitted to, and approved in writing by, the Council as Planning Authority that demonstrates how at least 10% of the current carbon emissions reduction set by the Scottish Buildings Standards will be met through the installation and operation of low and zero-carbon technologies. This scheme shall detail the following: a) the technology types; b) illustrate, through technical calculations, that these will meet at least the 10% reduction; c) their siting and location; and d) ongoing operation and maintenance. Once approved, the development shall be completed in accordance with the approved scheme. Reason - To ensure the proposal complies with LDP2 Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development. 7. Prior to commencement of any development on site, a detailed design for the extended culvert shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority, taking into account the requirement to ensure that a positive flow of water is maintained in the existing culvert and drainage ditch through the site. The extended culvert, as approved in writing, shall be implemented in accordance with the approved details and undertaken prior to the commencement of construction associated with this planning permission. Reason - To ensure an acceptable standard of construction for the culvert. 8. Prior to commencement of works, the street lighting design shall be approved by Perth & Kinross Council's Street Lighting Partnership. The Street lighting shall be in accordance with the standards required by the Council as Roads Authority. The type and standard of lighting shall be assessed using the zoning system outlined in 'The Institution of Lighting Engineers Guidance Notes for the Reduction of Light Pollution' and be agreed with the Council as Planning Authority. The agreed lighting scheme shall be implemented prior to occupation of the dwellinghouse and maintained in full accordance with the agreed scheme. Page 132 of 216
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Reason - In the interests of road safety. 9. Prior to the commencement of the development hereby approved, full visibility splays of 43 along the channel line shall be provided to the left and right of the access, at a set-back of 2.4 metres measured 1.05m above the road level to the standard and specification required by the Council as Roads Authority to the satisfaction of the Planning Authority. The visibility splays shall be physically formed on the ground and any existing fences, walls, hedges or other means of enclosure or obstructions within the splays shall be removed and relocated outwith the splays. Once formed, the visibility splays shall be permanently retained thereafter, and no visual obstruction of any kind shall be permitted within the visibility splays so formed. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 10. 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 Type B Figure 5.6 access detail, of Type A Road construction detail. The Type A Road construction detail shall continue into the entrance for a distance of 5 metres from the boundary of the public road surface. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 11. Prior to the development hereby approved being completed or brought into use, the development shall be constructed so that no surface water or surfacing aggregate is discharged onto the public road. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 12. Any damage resulting from the development to the retaining wall along the north boundary of the site with the A827 public road shall be made good at the applicant’s expense. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 13. 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 the interests of protecting environmental quality and of biodiversity. Page 133 of 216
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Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. No work shall be commenced until an application for building warrant has been submitted and approved. 4. The applicant should be advised that in terms of Section 56 of the Roads (Scotland) Act 1984, they must obtain from the Council as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 5. The approved stove system shall be installed and thereafter operated and maintained in accordance with the manufacturer's recommendations, such that smoke odours are not exhausted into or escape into any neighbouring dwellings. Failure to do so may result in an investigation and possible action by Environmental Health under the Environmental Protection Act 1990. 6. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 7. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild Page 134 of 216
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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. 8. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests 9. Please remember that the granting of planning permission, listed building consent or other associated consent by the Planning Authority does not affect the responsibility of the developer to ensure all other necessary permissions, consents and approvals are in place prior to commencement of works. Developers should also ensure appropriate accommodations are made in respect of services and third party infrastructure and may wish to check proposals against the information held at https://www.linesearchbeforeudig.co.uk/. 10. 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 design and siting of the proposal, and other supporting information relating to drainage, ecology and landscaping. 11. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. Background Papers Letters of representation 19 Authors Name Designation Contact Details John Cooney Planning Officer developmentmanagement@pkc.gov.uk Page 135 of 216
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Approved Name Designation Date Paul Williamson Team Leader (Local Developments) 18 December 2025 Page 136 of 216
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Ü Erection of a dwellinghouse and associated works on Land 40 Metres East of Anemone, Balnaskeag, Kenmore, Aberfeldy, PH15 2HB 24/01857/FLL Scale 1:20,000 Planning and Placemaking Committee - 7 January 2026 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(3)(i) Page 137 of 216
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Ü Erection of a dwellinghouse and associated works on Land 40 Metres East of Anemone, Balnaskeag, Kenmore, Aberfeldy, PH15 2HB 24/01857/FLL Scale 1:10,000 Planning and Placemaking Committee - 7 January 2026 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(3)(i) Page 139 of 216
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Perth and Kinross Council Planning and Placemaking Committee - 7 January 2026 Report of Handling by Development Management and Building Standards Service Manager (Report No. 26/4) Proposal: Erection of 26 dwellinghouses, formation of road and footpath, installation of air source heat pumps, landscaping and associated works (revised proposal) Location: Land at Wester Tomaknock, Crieff Ref. No: 25/00572/FLL Ward No: P6- Strathearn Summary This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. Background and Description of Proposal 1 The application site is on land at Wester Tomaknock, Crieff. The application seeks detailed planning permission for the construction of 26 dwellinghouses near the eastern boundary of the overall development site. This particular site benefits from an existing consent for 13 dwellinghouses, which was part of the original 16/02217/FLM consent at Wester Tomaknock. 2 The overall development site is former agricultural land on the eastern edge of Crieff. The site is undulating, sloping downwards from north to the lower levels in the south. There is a clear central elevated knoll where the original farmhouse and farm buildings previously existed. To the north the land rises steeply, forming 'Callum's Hill'. 3 Two small watercourses cut across the wider site as two minor valleys, from northwest and northeast down to the southern boundary, culverting under the C410 public road at Dollerie Terrace. The current application site is to the east of the eastern watercourse. 4 The overall site benefits from planning permission for 102 dwelling units, consistent with the Local Development Plan 2 (LDP2) allocation (H57) for 5(3)(ii) Page 141 of 216
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residential uses for 114-121 dwellings across an overall site area of 10.2 hectares. Various recent permissions across the wider site have resulted in a fluctuation of the number of consented dwellinghouses, such that the current approved number is 99 residential units across the development, following the recent planning permission ref: 25/00787/FLL. Therefore, the current proposal for 26 dwellinghouses on the eastern part of the site where 13 dwellinghouses were originally consented would result in an overall total of 112 dwelling units, which is ten more than the 102 originally consented under 16/02217/FLM, but still within the threshold set out in the LDP2 Allocation. 5 It is acknowledged that the site does not occupy the entire 10.2 hectare allocation with 1.5 hectares omitted from the original detailed planning permission 16/02217/FLM due to different land ownership. 6 This application as originally submitted proposed 30 dwellinghouses, but was reduced to 26 following discussions between Council officers and the applicant, along with layout changes in the interests of achieving better placemaking. Neighbours and consultees were re-notified of the revised proposal. Site History 7 09/01850/FLL Full Planning Permission was Approved On 13 January 2012 for Conversion of steading to form 2 dwellinghouses and erection of 2 dwellinghouses 8 14/01975/PN was Approved On 4 December 2014 for Demolition of a dwellinghouse 9 16/00003/PAN On 18 March 2016 for Residential development at LDP site H57 10 16/02217/FLM Full Planning Permission Major was Approved On 17 August 2018 for Erection of 102 dwellinghouses, landscaping and associated works 11 17/00956/SCRN On 19 October 2017 for Erection of 102 dwellinghouses, landscaping and associated works 12 17/0081/LDP2 On 3 March 2022 for Residential development of 114-121 units on a 10.2 ha site. The site is in agricultural use. The site has previously been allocated for the proposed use. 13 18/01890/FLM Full Planning Permission Major was Approved On 18 December 2018 for Application under Section 42 of the Town and Country Planning (Scotland) Act 1997 to amend condition 24 (road layout and timescale for submission of an application) of planning permission 16/02217/FLM 14 19/01008/PSN On 26 June 2019 for Infill of existing quarry 15 19/01087/SCRN On 15 July 2019 for Infill of existing quarry Page 142 of 216
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16 20/00067/FLL Full Planning Permission was Approved On 1 February 2022 for Erection of 12 dwellinghouses (change of house type for plots 1-6 and 13-18) 17 20/01160/MPO was Approved On 22 March 2021 for Modification of planning obligation associated with permission 18/01890/FLM (Application under Section 42 of the Town and Country Planning (Scotland) Act 1997 to amend condition 24 (road layout and timescale for submission of an application) of planning permission (16/02217/FLM)) 18 20/01566/FLL Full Planning Permission was Approved On 1 February 2022 for Erection of a dwellinghouse (change of house type - plot 54) 19 20/01595/SCRN On 11 November 2020 for To use spoil from the adjacent development to infill and re-shape the existing historical quarry 20 20/01883/FLL Full Planning Permission was Approved On 25 January 2021 for Infill and restoration of disused quarry 21 21/02270/FLM Full Planning Permission Major was Approved On 14 April 2022 for S42 Application to modify condition 4 (hours of operation for construction) of permission 18/01890/FLM 22 22/01712/FLL Full Planning Permission was Approved On 15 December 2022 for Erection of 8 dwellinghouses (change of house type for plots 3-10) 23 23/00102/FLL Full Planning Permission was Approved On 9 June 2023 for Erection of 25 dwellinghouses (change of house types : plots 78-102) 23/00689/FLL Full Planning Permission was Approved On 22 June 2023 for Erection of 11 dwellinghouses (change of house type for plots 13-19 and 36-39) 24 24/00228/FLL Full Planning Permission was Approved On 19 April 2024 for Erection of 2 gabion basket retaining walls and a fence (in retrospect) 25 24/00324/FLL Full Planning Permission was Approved On 3 May 2024 for Erection of 2 dwellinghouses (change of house types for plots 13 & 14) 26 24/00860/FLL Full Planning Permission was Approved On 25 September 2024 for Erection of 19 dwellinghouses (change of house type plots - 17, 18, 23, 26, 27, 28, 30, 32, 33, 64-73) 27 25/00787/FLL Full Planning Permission was Approved On 23 October 2025 for Erection of 4 dwellinghouses (revised design and layout of two approved Plots 36 and 37 of planning permission 23/00689/FLL) Page 143 of 216
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Environmental Impact Assessment 28 The proposed development, as an urban development project with a site area exceeding 0.5ha, falls under Schedule 2 (10(b)) of the Environmental Impact Assessment (Scotland) Regulations. The site was screened in October 2017 as part of the planning application 16/02217/FLM and was found not to require an Environmental Impact Assessment (EIA). Whilst there is a modest increase in proposed dwellinghouses on this part of the site, the category of development is unchanged, and the site location is within the boundaries of the earlier planning permission. Pre-Application Consultation 29 Pre application Reference: None 30 The proposed development is not classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was not required to undertake not any formal pre-application consultation with the local community. It is however important to note that the applicant undertook formal pre-application consultation as part of the major planning application reference 16/02217/FLM. Development Plan 31 The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance. National Planning Framework 4 32 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve people’s lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 33 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 9: Brownfield, Vacant and Derelict Land and Buildings • Policy 12: Zero Waste • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place Page 144 of 216
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• Policy 15: Local Living and 20 Minute Neighbourhoods • Policy 16: Quality Homes • Policy 18: Infrastructure First • Policy 19: Heating and Cooling • Policy 20: Blue and Green Infrastructure • Policy 22: Flood Risk and Water Management Perth and Kinross Local Development Plan 2019 34 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 35 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 1D: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 6: Settlement Boundaries • Policy 14B: Open Space Retention and Provision: Open Space within New • Developments • Policy 15: Public Access • Policy 17: Residential Areas • Policy 20: Affordable Housing • Policy 23: Delivery of Development Sites • Policy 24: Maintaining an Effective Housing Land Supply • Policy 25: Housing Mix • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New • Development • Policy 34A: Sustainable Heating & Cooling: Heat Networks, Major • Development and LDP Site Allocations • Policy 39: Landscape • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 53E: Water Supply • Policy 55: Nuisance from Artificial Light and Light Pollution Page 145 of 216
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• Policy 56: Noise Pollution • Policy 57: Air Quality • Policy 58A: Contaminated and Unstable Land: Contaminated Land • Policy 60B: Transport Standards and Accessibility Requirements: New • Development Proposals Statutory Supplementary Guidance 36 • Supplementary Guidance - Air Quality (adopted in 2020) • Supplementary Guidance - Delivering Zero Waste (adopted in 2020) • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) • Supplementary Guidance - Placemaking (adopted in 2020) Other Material Considerations PKC Non Statutory Guidance 37 • Planning Guidance - Delivery of Development Sites • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft) National Guidance 38 The Scottish Government expresses its planning policies through Planning Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Those relevant are listed below. Planning Advice Notes 39 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements • PAN 67 Housing Quality • PAN 75 Planning for Transport • PAN 77 Designing Safer Places Page 146 of 216
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Creating Places 2013 40 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 41 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 42 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. Local Place Plans 43 Local Place Plans are community-led plans setting out proposals for the development and use of land and set out a community’s aspirations for its future development. The application site does not lie within an area with a Local Place Plan and does not therefore impact the consideration of this application. Consultations 44 As part of the planning application process the following bodies were consulted: External 45 Scottish Environment Protection Agency - Earlier holding objection withdrawn following submission of additional information regarding flooding. 46 Scottish Water - No objections subject to standard advice. 47 East Strathearn Community Council - No comments received. 48 Crieff Community Council - No comments received. Internal 49 Structures and Flooding - No objection following review of updated proposal, particularly the revised drainage assessment. Page 147 of 216
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50 Development Contributions Officer - Primary Education contribution of £6,300 required for each additional unit of Open Market tenure and of more than one bedroom above the original consent. 25% of the total number of houses, above a threshold of 5 units, for which planning consent is being sought is to be in the form of affordable housing. 51 The Section 75 Agreement for this site will require variation to account for the additional units, if recommended for approval. The Section 75 Agreement includes Open Space maintenance commuted sums. The additional units resulting from the current proposal will be calculated separately and may be included in a minute of variation. Any minute of variation would also include other requirements such as those relating to play areas, and other consultee requirements. 52 A Section 75 Legal Agreement may be entered into with payments spread equally across the development due 10 days prior to occupation of each unit. Larger developments may have payments made quarterly or bi-annually taking account of completion certificates issued for the development. 53 Affordable Housing Enabler - This proposal has resulted in a net increase of 10 dwelling units across the whole development. This gives rise to an additional Affordable Housing requirement of 2.5 dwelling units (10 x 0.25). 54 It is understood that the applicant, GS Brown, has agreed to an on-site provision of 3 affordable units in this phase. In addition, the applicant has advised that these will be delivered to Hillcrest Homes, and will be managed as social rented accommodation. Housing Strategy has confirmed availability of Housing Subsidy to support their delivery. Hillcrest was the affordable housing delivery partner on an earlier phase of Wester Tomaknock. It is confirmed that this meets the requirements of the Affordable Housing Supplementary Guidance. 55 Community Waste Advisor - Environment Service – Informatives requested regarding waste collection as the site progresses and following completion. 56 Transportation and Development - Conditions requested regarding Residential Travel Plan, Street Lighting System, and Construction Traffic Management Plan, and informatives requested regarding Roads Construction Consent, and Vehicular Access Consent. Following a review, an earlier requirement for footway along Dollerie Terrace has been removed due to a number of difficulties in its delivery, including insufficient roadspace. Illumination of the proposed pedestrian link between Plots 07 and 08 has been requested. 57 Environmental Health (Contaminated Land) - Previous planning permission 21/02270/FLM was conditioned for soil contamination. Remediation has since been undertaken and a verification report submitted to evidence this. It remains the responsibility of the applicant to satisfy themselves that the ground conditions are suitable for the development for which planning consent has been granted. Page 148 of 216
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58 Environmental Health (Noise Odour) - No adverse comments to make in respect of air quality. Condition requested regarding Dust Management Plan and incorporation of this within the originally approved 16/02217/FLM, and informative regarding installation and plant noise from Air Source Heat Pumps. Representations 59 10 valid representations were received. The main issues raised within the representations are: • Adverse visual impact • Out of character with area • Contrary to Development Plan Policy • Excessive height • Over intensive development • Loss of view • Low water pressure could be exacerbated • Road safety concerns, including in wider area • Traffic Congestion, including in wider area • Lack of active travel options and connectivity within site • Adverse impact on local infrastructure and services • Overlooking of neighbours • Overshadowing of nearby properties and solar panels • Poor placemaking • Drainage and Floodplain concerns • Reduced property values • Concerns at deliverability of public footway • Reduction in public and private open space • Does not meet 20 minute neighbourhood policy – no public transport • Ecological impact and lack of biodiversity net gain • Inconsistent energy management; emissions from increased dwelling number/size • Adverse impact on quality of life and community • Light Pollution • Air Pollution • Noise Pollution • Poor play provision on earlier phase of development; none on this phase • Loss of trust in developer due to frequent modifications to approved scheme, lack of engagement with residents, misleading marketing, non-compliance with working hours and construction traffic routes, excessive noise, damaged verges, rubbish blown into neighbouring properties, and lack of enforcement. • Poor location for affordable housing • Opposition to affordable housing due to lack of need and security concerns • Inadequate time to respond to neighbour notification exercise; delayed letters • Difficulties with accessing information on certain devices • Drawing inaccuracies Page 149 of 216
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• Inadequate commitment to net zero • No Electric Vehicle charging provision • Loss of agricultural land • Inadequate boundary treatment and screening at site edge • Soil erosion concerns – unclear who is responsible for future maintenance • Poor justification for “village green” • No phasing plan or construction timeline has been provided for resident’s benefit • Commentary on developer’s motives • Lack of market justification for proposal; similar to other recent housing sites in Crieff • Suitable conditions should ensure compliance with environmental standards • Site visit should be undertaken 60 These issues are addressed in the Appraisal section of the report. 61 However, the effect on property values, loss of view and commentary on developer motives and sales marketing are not material planning considerations, and shall not be taken into account in the assessment of this application. Neighbour notification was undertaken in accordance with statutory requirements, and delayed delivery of such is outwith the Planning Authority’s control. The difficulties with accessing information on certain electronic devices is noted. Finally, in terms of phasing, the developer has indicated that they have programmed completion of Phase 4, to which this application relates, as being late 2027. Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal AA not required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Flood Risk Assessment, Drainage Assessment, Tree Survey Report, Geotechnical Testing Report submitted Appraisal 62 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. Page 150 of 216
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The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance, as set out in this appraisal. Principle 63 The key determining policy issues for this specific proposal at this location include: the principle of the development and its contribution towards providing high quality, affordable and sustainable homes (Policy 20, 24 and 25 of LDP2 and Policy 16 of NPF4), liveable places (design, quality and place) (Policies 1, 2, 55-58 of LDP2 and Policy 14 of NPF4), impacts on/from flooding and the water environment (Policies 52 and 53A of LDP2 and Policy 22 of NPF4), residential amenity (Policy 17 of LDP2 and Policy 15 of NPF4), historic assets and places (Policy 26B of LDP2 and Policy 7 of NPF4), biodiversity/ecological impact (Policies 40 and 41 of LDP2 and Policy 3 of NPF4 and transport (Policy 60A of LDP2 and Policy 13 of NPF4). 64 The principle of residential development on the site is well established through the allocation in LDP2 and previous planning permissions. It is, however, necessary to undertake an assessment of the detail of this proposal. 65 The determining issues in this case are whether; the proposal complies with Development Plan policy; whether the proposal complies with supplementary planning guidance; or if there are any other material considerations which justify a departure from policy. 66 Representations have queried why no market evidence has supported this proposal, which differs from what was previously consented on site. Such evidence is not required by Development Plan policy. Design and Layout, Visual Impact 67 Policy 14: Design, Quality and Place, Policy 15: Local Living and 20 Minute Neighbourhoods and Policy 16: Quality Homes of NPF4 are relevant as are LDP2 Policy 1: Placemaking, Policy 14B: Open Space within New Developments, Policy 17: Residential Areas and Policy 25: Housing Mix. 68 The proposal seeks permission for 12 x 3-bedroom dwellinghouses, 7 x 4- bedroom dwellinghouses, and 4 x 5-bedroom dwellinghouses for open market sale, with an affordable provision of 1 x 2-bedroom and 2 x 3 bedroom dwellinghouses. 69 The proposed layout is broadly reflective of the site masterplan, albeit with a greater number of dwellinghouse plots than those originally consented in this part of the wider Wester Tomaknock site. The design of the proposed dwellinghouses, whilst two storey in nature compared to the previously consented 1.5 storey dwellinghouses would not appear out of place in the street Page 151 of 216
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scene or wider landscape in part due to the natural separation between them and the predominantly single storey phase to the west, and the higher land levels to the east, which contain a grouping of 1.5 storey dwellinghouses. The wider residential context of the eastern part of Crieff contains a mixture of single and two storey dwellinghouses, and the proposal is in keeping with this character. 70 It is acknowledged that the proposed dwellinghouse in Plot 01 will be slightly taller than the eastern neighbour at Ochil View House, however this considered acceptable in this instance. The site levels step down from east to west as the public road approaches Crieff. Overall, the proposed site levels are considered satisfactory. The usage of external materials will also be broadly consistent with the earlier development phases to the west, and revised plans have ensured that the proposed built form positively address the main site frontage along Dollerie Terrace, and the internal road link to earlier phases. Revisions have also involved a more legible pedestrian route from this site to Bantry Close to the west. 71 Representations have raised concern at the reduced amount of open space, presumably because more dwellinghouses are proposed in this application than previously consented. There has been no reduction in public open space, with a “village green” proposed near the centre of the development site, which will offer additional open space which could be used for informal play to supplement the forthcoming play equipment in the south-west corner of the wider development site. Proposed private garden spaces are considered to be acceptable in size and layout. 72 Overall, the proposed layout, design, heights, and materials are considered to appropriately reflect the surrounding character and amenity of the area, in compliance with the Council’s placemaking policies. 73 LDP2 Policy 25: Housing Mix requires 10% of homes to have two bedrooms or less. The increase in consented dwellinghouses of 10 would usually attract a requirement for one of the proposed market dwellinghouses to satisfy this, however it is noted that there is a wider variety of dwellinghouse sizes proposed in this application than the previously consented 13 dwellinghouses on this site. Whilst none of the proposed dwellinghouses are two bedrooms or less, there are six small three-bedroom dwellinghouses proposed at Plots 03, 06, and 12-15 inclusive. It is also noted that a recent planning permission within the earlier phase (25/00787/FLL) introduced four two-bedroom dwellinghouses onto an area previously consented for two three-bedroom dwellinghouses. Therefore, within this context, the proposal is considered to accord with the intent of the policy. 74 In terms of 20-minute neighbourhoods, it is acknowledged that the site is by virtue of its location near the eastern edge of Crieff, not as close to certain services as other housing developments which are under construction in the south of the settlement. The nearest bus stops are approximately 550-600 metres west of the proposed site entrance to Dollerie Terrace. However, this is outweighed by the principle of development having been already been Page 152 of 216
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established and the proposal being within the expected number of dwellinghouses set out in the Local Development Plan allocation for this site. 75 Overall the proposals are considered to accord with the terms of NPF4 and LDP2 in terms of design, layout and visual amenity. Residential Amenity Overlooking 76 All of the proposed residential units will maintain an acceptable level of separation which negates any potential overlooking between dwellings, including existing properties to the east and west. Overshadowing, loss of sunlight and daylight 77 The Building Research Establishment (BRE) document ’Site Layout Planning for Daylight and Sunlight - a guide to good practice 1991’ sets out guidelines on how to assess the potential impact, although it should be noted that the standards are not mandatory and should be interpreted flexibly. 78 Taking cognisance of this BRE document, the distances between new and existing properties and site levels, it is considered an acceptable level of daylight and sunlight will be provided to each property. 79 Concern has been raised in representations regarding overshadowing of ground- mounted domestic solar array at a neighbouring property to the east. The relative position, height, and distance of proposed dwellinghouses at proposed Plots 01 and 26 is such that such overshadowing is not a concern in this instance, and it is also noted that the existing dwellinghouse, by virtue of its closer proximity to solar panels within its own plot, is much more likely to overshadow such solar panels than any of the proposed new dwellinghouses. Furthermore, the effect of glint and glare from such solar panels is unlikely to have a significant adverse effect on the living conditions of future residents of the proposed development. Air Quality 80 In terms of operational air quality, the Council’s Environmental Health Team have considered that the proposed uplift in traffic for this proposal relative to the previous consent would not be significant, and therefore the impact on air quality would be negligible. 81 In terms of construction, it is acknowledged that a Construction Management Plan was submitted for the existing planning permission ref: 16/02217/FLM, and included dust and noise mitigation measures. The Environmental Health Team have recommended that a Dust Risk Assessment be undertaken and inform a Dust Management Plan be included within the Construction Management Plan for the development. Given that the proposal is for an increase in dwellinghouses Page 153 of 216
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beyond the 16/02217/FLM consent, an updated Construction Management Plan which incorporates the Dust Management Plan is considered appropriate to secure by planning condition in this instance (Condition 5). Noise 82 Air Source Heat Pumps (ASHPs) are proposed as part of the application, and Environmental Health have recommended that the applicants be advised of the need for ASHPs to be certified and installed with the appropriate standards, and for plant noise to exceed appropriate noise ratings. This shall be added as informative 10 in the event of approval. 83 The proposed construction hours shall remain consistent with the 21/02270/FLM permission as 07:00 to 19:00 Monday to Friday, and Saturday 08:00 to 13:00 hours, with no working on a Sunday unless otherwise agreed in writing with the Planning Authority. 84 It is noted that representations have expressed dissatisfaction with working hours and practices on earlier phases of the development. In the event of approval, any breaches of planning conditions should be reported without delay to the Planning Enforcement Team. 85 Overall, in terms of residential amenity, and subject to conditions, the proposal complies with NPF4 Policy 14: Design, Quality and Place and LDP2 Policies 1: Placemaking, and 17: Residential Areas, and the Placemaking Guidance 2020. Roads and Access 86 The proposed development, forming Phase 4 of the overall Wester Tomaknock development, requires one new vehicle access point from Dollerie Terrace, with internal roadways linking to the earlier phases to the west. 87 The proposed resident and on-street visitor parking arrangements have been considered to be acceptable by Transport Planning. 88 Transport Planning have also recommended that a Residential Travel Plan be secured by planning condition to promote more sustainable modes of travel, including walking, cycling and public transport to and from the site, along with method of management, monitoring and review for the duration of the Travel Plan (Condition 4). It is noted that matters of pedestrian access, active travel and public transport was raised in representations. 89 A Street Lighting design shall be required by planning condition 2 to cover the full length of the development site, including the vehicular access to Dollerie Terrace. The matter of street lighting has also been raised in representations. 90 In the interests of pedestrian access, a new footway had been sought by officers along the length of the development site from 2 Milquhanzie Way to the edge of Page 154 of 216
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the site with the boundary of Ochil View House to the east. However, following a review by transport planning, there are a number of difficulties with providing this, particularly insufficient road space in front of “The White House”, to the east of 2 Milquhanzie Way. Therefore, the proposed footway linking Plots 07 and 08 of this application to the earlier phases of Wester Tomaknock shall be illuminated and secured by the street lighting planning condition (Condition 2). 91 A further planning condition (Condition 3) shall require a Construction Traffic Management Plan, and there may be a requirement as part of the roads Construction Consent (RCC) to relocate an existing speed limit sign on Dollerie Terrace. This is linked to streetlighting requirements discussed in this section of the report. 92 Representations have asked why electric vehicle charging has not been included in the planning proposal. It is more appropriate to address this matter through the Building Warrant process, as a Mandatory Standard relating to electric vehicle charging was introduced into the Building Regulations in mid-2023. 93 Overall, subject to conditional control, the proposal complies with NPF4 Policy 13 Sustainable Transport and LDP2 Policy 60 Transport Standards and Accessibility Requirements. Drainage and Flooding 94 A Flood Risk Assessment (FRA) and details of drainage arrangements have been submitted as part of this application. It is also acknowledged that representations have raised concerns regarding these matters. 95 SEPA have reviewed the Flood Risk Assessment, and found it to be based on appropriate methods and parameters; hydraulic modelling of the watercourse and artificial structures has been undertaken alongside a range of blockage scenarios. It has been confirmed that the culvert on the section of watercourse just upstream from the road crossing has been removed, which has satisfied SEPA that all in-channel structures have been appropriately modelled. 96 SEPA are satisfied that it has been demonstrated that the proposed houses will be located above the design flood level (1 in 200 year plus climate change) with consideration of blockage of the in-channel structures, and at least 0.6 metre freeboard above this level has been achieved for Finished Floor Levels (FFLs). It has been additionally confirmed to SEPA that no land-raising (unless previously consented) will take place within the 1 in 200 year plus climate change (plus 25% blockage) flood risk area. SEPA are therefore satisfied that the houses are unlikely to be at risk of flooding and have withdrawn their earlier holding objection. 97 The Council’s Flooding Team have also considered revised drainage details including a Drainage Assessment and are satisfied with these elements of the Page 155 of 216
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proposal. Informative 8 shall draw attention to Flooding Supplementary Guidance. 98 Scottish Water have raised no objection, and informative 9 shall draw attention to their consultation letter, which contains standard information regarding establishing connections to the mains water supply and waste water infrastructure. 99 Therefore, the proposal accords with NPF4 Policy 22, and LDP2 Policies 52, 53B, 53C and 53E. Waste Collection 100 It is considered that the proposed bin storage, access and egress and proposed road layout is acceptable for the proposed development. Informatives 6 and 7 shall draw attention to arrangements for houses occupied whilst the construction period is ongoing, advise the applicant to contact the Community Waste Team as the site progresses, and highlight the bin charging scheme for new build properties. Subject to such informatives, the proposal accords with NPF4 Policy 12: Zero Waste. Conservation Considerations 101 There are no conservation concerns associated with this proposal. Contaminated Land 102 The development site falls within the boundary of application 21/02270/FLM (A variation of 16/02217/FLM) which was subject to a planning condition for soil contamination. Remediation has since been carried out, and a verification report submitted to evidence this. It remains the applicant’s responsibility to ensure that the ground conditions are suitable for the proposed development. Therefore, the proposal does not raise concerns in terms of land contamination, and accords with NPF4 Policy 9 and LDP2 Policy 58A. Natural Heritage and Biodiversity 103 In relation to natural heritage and biodiversity, NPF4 Policies 1: Tackling the Climate and Nature Crisis, 2: Climate Mitigation and Adaptation 3: Biodiversity and 20: Blue and Green Infrastructure, are relevant. In addition, LDP2 Policies 40B, 41 and 42 apply. NPF4 requires local planning applications to include appropriate measures for biodiversity enhancement that are proportionate to the nature and scale of the development. 104 Representations have raised concern at the loss of agricultural land, however this site is no longer agricultural in nature, is part of Crieff Settlement, allocated for housing in the Local Development Plan, and has planning permissions for residential development stretching back to 2017. It has been utilised by the Page 156 of 216
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developer during construction of previous phases, and has limited biodiversity value outwith the watercourse which separates it from earlier phases of development, and some limited planting close to site boundaries. 105 This part of the application site does not contain trees, and details of tree planting and soft landscaping has been submitted. This includes Scottish native species such as wild cherry and rowan, with beech hedging and shrub planting. There is scope for further biodiversity enhancement to align with PKC’s Planning for Nature: Development Management and Wildlife Guide, and this shall be secured by planning condition 9. 106 A further planning condition (Condition 6) shall require further details of boundary landscaping and retaining walls, as there is scope to soften the appearance of plot boundaries in the interests of good placemaking, particularly along the western edge of the application site with the watercourse. In addition, phasing and maintenance details of public open spaces shall be secured by condition 7 to ensure alignment with Council Greenspace objectives. 107 The updated Construction Environmental Management Plan (CEMP), as secured by condition 5, would be expected to include measures to prevent pollution of the watercourse along the west of this application site. 108 Subject to conditional control, the proposal therefore complies with NPF4 Policy 3 and LDP2 Policy 41: Biodiversity. Low and Zero Carbon Generating Technologies 109 LDP2 Policy 32 ‘Embedding Low and Zero Carbon Generating Technology in New Development’ states that proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. As this proposal includes the erection of a new building, consideration must be given to this requirement. Further, NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ requires that development should be designed to reduce green gas emissions. In this instance, air source heat pumps are proposed for all dwellinghouses. The proposal therefore complies with the relevant policies. Affordable Housing 110 The Council’s Affordable Housing enabler has advised that there is a requirement of 2.5 additional dwelling units, as this would constitute 25% of the additional 10 dwelling units beyond the original 102-dwelling consent for Wester Tomaknock. It is also understood that the developer has agreed to on-site provision of 3 affordable units in this phase, which shall be delivered to Hillcrest Homes, who have been involved in previous phases and intend to manage these affordable dwellings as social rented accommodation. Housing Subsidy is available to support the delivery of these units, and the location of the site and Page 157 of 216
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grouping in a terrace of three does not raise policy concerns in terms of placemaking or safety, as had been suggested in representations. The proposal therefore accords with the requirements of the Affordable Housing Supplementary Guidance,NPF4 Policy 18 and LDP2 Policy 5, subject to a Section 75 agreement being entered into. Developer Contributions 111 In addition to affordable housing a primary education contribution of £6,300 is required for each additional open market dwelling unit with greater than one bedroom above the original 102 dwellinghouse consent is required. Since there are ten additional dwelling units proposed, including three social rented dwelling units which would be exempt, the requirement for primary education would be 7 x £6,300 = £44,100. 112 The Section 75 Agreement for the wider Wester Tomaknock site (16/02217/FLM) will require variation to account for the additional units, in the event of an approval recommendation. The Section 75 Agreement for 16/02217/FLM includes Open Space maintenance commuted sums. The additional units resulting from the proposed remix will be calculated separately and may be included in a minute of variation. Any minute of variation would also include other requirements such as those relating to Play Areas, and other consultee requirements. Economic Impact 113 The impact to the local economy both during construction and occupation will be reasonably significant with additional available expenditure on local facilities and services. Variation of Application Under Section 32A 114 This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the number of proposed dwellinghouses and associated layout changes in the interests of placemaking. Planning Obligations and Legal Agreements 115 As set out above, the Section 75 Agreement for the wider Wester Tomaknock site (16/02217/FLM) will require variation to account for the additional dwelling units, including affordable housing, primary education and open space maintenance. This is to ensure that obligations are secured in line with the requirements of the wider development area. 116 Consent shall not to be issued until the agreement has been signed and registered to take account of this application. The legal agreement should be concluded and completed within 4 months of the date of any approval. Page 158 of 216
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Direction By Scottish Ministers 117 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application. Conclusion and Reasons for Recommendation 118 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly the proposal is recommended for approval subject to the following conditions. . Recommendation Approve the application subject to the following conditions: Conditions and Reasons for Recommendation 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. Within one month of this planning decision, the street lighting design shall be submitted to and agreed in writing by the Council as Planning Authority, in consultation with Perth & Kinross Council's Street Lighting Partnership for the public road network. The scheme shall include details of light spill, brightness of the lighting and the proposed hours of operation for both the public road network and the private areas, and timescales for delivery. The agreed lighting scheme shall be implemented to the agreed timescales and maintained in full accordance with the agreed scheme. Reason - In the interests of road safety. 3. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: Page 159 of 216
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a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; c) a code of conduct for HGV drivers to allow for queuing traffic to pass; d) arrangements for liaison with the Roads Authority regarding winter maintenance; e) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; i) details of information signs to inform other road users of construction traffic; j) arrangements to ensure that access for emergency service vehicles are not impeded; k) co-ordination with other significant developments known to use roads affected by construction traffic; l) traffic arrangements in the immediate vicinity of temporary construction compounds; m) the provision and installation of traffic counters at the applicant's expense at locations to be agreed prior to the commencement of construction; n) monitoring, reporting and implementation arrangements; o) arrangements for dealing with non-compliance; and p) details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management. 4. No part of the development shall be occupied until a Residential Travel Plan (RTP), aimed to encourage more sustainable means of travel, has been submitted to and approved in writing by the Council. The RTP shall have particular regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided, the system of management, monitoring, review, reporting and the duration of the plan. The RTP shall be thereafter implemented for the approved duration. Reason - To promote sustainable transport options and to meet advice within Scottish Planning Policy on transport. Page 160 of 216
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5. Within one month of this planning decision, an updated Construction Environmental Management Plan (CEMP) which is based on the approved CEMP from 21/02270/FLM (Document 31 of 21/02270/FLM) shall be submitted to and approved by the Planning Authority. The CEMP shall incorporate a Dust Management Plan and site-specific dust mitigation measures within the plan shall be informed by a Dust Risk Assessment undertaken in line with IAQM 'Assessment of dust from demolition and construction 2024 V2.2. Thereafter the development shall be fully undertaken in accordance with the approved CEMP unless otherwise agreed in writing by the Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 6. Within one month of this planning decision, revised boundary landscape drawings shall be submitted to and approved in writing by the Council as Planning Authority. The drawings shall include full boundary treatment and details of proposed retaining walls (with elevations). The approved details shall be implemented prior to the occupation of the relevant residential unit and thereafter maintained. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 7. Within one month of this planning decision, a detailed open space and private open space plan and open space landscaping delivery plan, which clearly sets out areas proposed for both public adoption and phased delivery, shall be submitted to and approved in writing by the Council as Planning Authority, in consultation with the Council's Community Greenspace Team. The agreed public landscaping elements shall thereafter be undertaken and delivered in line with the approved delivery plan and maintained. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 8. There shall be no land raising or the erection of solid boundaries within the 0.5% annual probability (AP) floodplain as shown on drawing number 13019/21/001A forming part of planning permission 16/02217/FLM. Reason - In order to ensure that surface water arising from the development is adequately dealt with and that any sustainable urban drainage System (SUDS) does not increase flood risk elsewhere. 9. Within one month of this planning decision, a Biodiversity Enhancement Plan shall be submitted to and approved in writing by the Council as Planning Authority. Thereafter, the approved measures outlined in the plan shall be installed in accordance with the agreed details prior to the occupation of the relevant residential unit. Reason - In the interests of enhancing environmental quality and of biodiversity. Page 161 of 216
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10. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day. Reason - In order to prevent animals from being trapped within any open excavations. 11. Prior to the completion or occupation of the development hereby approved, whichever is the earlier, wildlife kerbs shall be installed adjacent to all road gullies within 500metres of a SUDS pond or watercourse. Thereafter, the kerbs shall be retained in a reasonable condition for the life of the development. Reason - In the interests of protecting environmental quality and of biodiversity. 12. Construction work shall be limited to Monday to Friday 07:00hrs to 19:00hrs and Saturday 08:00hrs to 13:00hrs with no noisy works out with these times or at any time on Sundays. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 13. Prior to the commencement of any works on site, all trees on site (other than those marked for felling on the approved plans) and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the duration of construction. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 14. Where it is intended to create semi-natural habitats, all species used in the planting proposals detailed in the approved plans shall be locally native species of local provenance unless otherwise agreed in writing with the Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 15. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar size, species and number. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. Page 162 of 216
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Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes Permission shall not to be issued until the Section 75 Agreement has been signed and registered to take account of this application. The legal agreement should be concluded and completed within 4 months of the date of any Committee approval. Failure to conclude a legal agreement within 4 months will result in the planning application being re-assessed through failing to comply with the associated developer contributions policy and may be ultimately recommended for refusal under delegated powers Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. No work shall be commenced until an application for building warrant has been submitted and approved. 4. The applicant should be advised that in terms of Section 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority consent to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 5. If the applicant is successful in gaining planning consent, they must apply for a Vehicle Access Consent before starting works on its formation. More information on the process can be found on the following website: https://www.pkc.gov.uk/vehicleaccess . Please note, that as planning permission has been applied for, currently no fee is required for the Vehicle Access Consent (VA1 form), please include the planning application number on your VA application form. Page 163 of 216
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6. The developer must contact the Community Waste Team to discuss bin collections as the site progresses. Refuse collection vehicles will only enter the site during development where there is clear access, adequate turning, and a suitable road surface with no raised ironworks. This means that Waste Services may not be able to provide a full kerbside recycling service to residents whilst the build is ongoing, and bins may have to be emptied from a collection point, specified by the area Community Waste Adviser, until full access is made available for refuse collection vehicles. 7. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests 8. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 9. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 10. The Air Source Heat Pump shall be certificated in accordance with Microgeneration Certification Scheme 007 and installed by an installation company certificated in accordance with Microgeneration Installation Standard 3005 and in compliance with the calculation procedure contained in Table 2 of Microgeneration Certification Scheme Planning Standards (MCS 020), confirming that the permitted development noise limit of 42 dB LAeq,5 mins will be met. In addition, the Air Source Heat Pump shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. 11. This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the number of proposed dwellinghouses and associated layout changes in the interests of placemaking. 12. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 13. Application for a new postal address should be made via the Street Naming and Numbering page on the Perth & Kinross Council website at www.pkc.gov.uk/snn. Page 164 of 216
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Please note there is a charge for this service and submission cannot be made until the relevant Building Warrant has been approved. 14. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. 15. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. Background Papers Letters of representation 18 Authors Name Designation Contact Details John Cooney Planning Officer developmentmanagement@pkc.gov.uk Approved Name Designation Date Paul Williamson Team Leader (Local Developments) 18 December 2025 Page 165 of 216
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Ü © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 7 January 2026 25/00572/FLL Erection of 26 dwellinghouses, formation of road and footpath, installation of air source heat pumps, landscaping and associated works on Land at Wester Tomaknock, CrieffScale 1:25,000 5(3)(ii) Page 167 of 216
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Ü © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 7 January 2026 25/00572/FLL Erection of 26 dwellinghouses, formation of road and footpath, installation of air source heat pumps, landscaping and associated works on Land at Wester Tomaknock, CrieffScale 1:10,000 5(3)(ii) Page 169 of 216
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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. 5(3)(iii) Page 171 of 216
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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 Page 172 of 216
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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. Page 173 of 216
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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. Page 174 of 216
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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 Page 175 of 216
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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. Page 176 of 216
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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. Page 177 of 216
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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. Page 178 of 216
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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 Page 179 of 216
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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. Page 180 of 216
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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. Page 181 of 216
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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 Page 182 of 216
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Ü 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 at 3 Macduff Place, Kinross, KY13 8FU 25/01052/FLL Scale 1:10,000 Planning and Placemaking Committee - 7 January 2026 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(3)(iii) Page 183 of 216
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Ü 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 at 3 Macduff Place, Kinross, KY13 8FU 25/01052/FLL Scale 1:25,000 Planning and Placemaking Committee - 7 January 2026 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(3)(iii) Page 185 of 216
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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. 26/6) Proposal: Alterations, extension and subdivision of retail unit to form 2 retail units Location: 16 - 18 County Place, Perth, PH2 8EE Ref. No: 25/01217/FLL Ward No: P12- Perth City Centre 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 alterations, extension and subdivision of an existing retail unit to form 2 retail units at 16-18 County Place and 15 Hospital Street. 2 The applicant has stated that the units will likely be leased to specialist traders, similar to the previous occupant, John Ferguson Work & Leisure. 3 The building is located within the Perth Central Conservation Area and is unlisted. However, there are a number of listed buildings in the vicinity. Site History 4 No relevant site history. Pre-Application Consultation 5 Pre application Reference: No formal pre-application consultation was undertaken. 6 The proposed development is not classed as a major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) 5(3)(iv) Page 187 of 216
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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 7: Historic Assets and Places • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 23: Health & Safety • Policy 27: City, Town, Local and Commercial Centres 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 11: Perth City Centre Secondary Uses Area • Policy 17: Residential Areas • Policy 28A: Conservation Areas New Development • Policy 56: Noise Pollution • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Page 188 of 216
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Statutory Supplementary Guidance • Supplementary Guidance - Placemaking (adopted in 2020) Other Material Considerations PKC Non-Statutory Guidance • Conservation areas National Guidance 12 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 13 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 68 Design Statements • PAN 75 Planning for Transport Creating Places 2013 14 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 15 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 16 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 17 As part of the planning application process the following bodies were consulted: Page 189 of 216
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External 18 Scottish Water - No objection. Internal 19 Structures & Flooding - No objection. Representations 20 6 letters of objections. The main issues raised within the representations are: • Impact on conservation area and historic setting of adjacent listed buildings (in particular the A-listed King James Hospital VI building) • Traffic and road safety • Noise and disturbance • Waste management concerns • Flood risk • Ambiguity of use 21 The following issues are not defined as ‘material’ planning considerations: • Ownership disputes/encroachment onto communally owned land. • Applicant reputation and alleged use as fast-food takeaway. Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report not applicable Appropriate Assessment under Habitats Regulations AA not required Design Statement or Design and Access Statement not required Report on Impact or Potential Impact eg Flood Risk Assessment not required Appraisal 22 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, Page 190 of 216
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this involves considerations of the Council’s other approved policies and supplementary guidance as outlined above. 23 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. Section 64(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 is relevant and requires planning authorities to pay special attention to the desirability of preserving or enhancing the character or appearance of the designated conservation area. 24 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 25 The site is situated in central Perth and is designated as “City Centre: Secondary Uses”. within the Perth and Kinross Local Development Plan 2 (2019) (LDP2). LDP2 Policy 11 (Perth City Centre Secondary Uses Area). Within the area identified for City Centre Secondary Uses, the Council will encourage a mix of appropriate uses including shops, residential, offices, cultural facilities (including theatres and other arts venues), restaurants, pubs and clubs. Particular encouragement will be given to development that maintains or creates small specialist shopping units. Proposed uses must not adversely affect the amenity of existing surrounding property. NPF4 Policy 27 (City, Town, Local and Commercial Centres) is also applicable, stating that development should enhance the viability and vitality of city and town centres, with a mix of uses being supported. Development should adhere to the town centre first approach, with support given to uses that generate significant footfall, such as commercial and leisure activities. Overall, the principle of the proposed development, as retail use likely to be leased to specialist traders, is acceptable and complies with LDP2 Policy 11 and NPF4 Policy 27. Furthermore, it would also see the re- occupation of a long term vacant property. Design and Layout/Conservation Considerations 26 Generally, the design and scale of development should respect its surroundings and adhere to Policies 1A and B of LDP2 which relate to placemaking and NPF4 Policy 14 (Design, Quality and Place) which seeks to deliver well designed development. 27 NPF4 Policy 7 (Historic Assets and Places) states development proposals in or affecting conservation areas will only be supported where the character and appearance of the conservation area and its setting is preserved or enhanced. Relevant considerations include the: Page 191 of 216
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i. architectural and historic character of the area; ii. existing density, built form and layout; and iii. context and siting, quality of design and suitable materials. 28 LDP2 Policy 28A (Conservation Areas: New Development) states Development within a Conservation Area must preserve or enhance its character or appearance. The design, materials, scale and siting of new development within a conservation area, and development outwith an area that will impact upon its special qualities should be appropriate and sympathetic to its appearance, character and setting. 29 The application site is located within the Perth Central Conservation Area. The proposal seeks to subdivide the existing vacant unit into two separate units: Unit 1 (16–18 County Place) and Unit 2 (15 Hospital Street). An external collapsed wall, which currently accommodates a damaged WC area, will be reinstated, along with an additional collapsed external wall located on the opposing side of the site boundary. 30 For the proposed fenestration, the proposal will include: • Unit 1 (16–18 County Place) will retain its existing timber-framed windows, with replacement doors proposed in basalt grey and finished in aluminium. • Unit 2 (15 Hospital Street) will have its original shopfront reinstated (currently blocked up), incorporating timber-framed windows and a replacement basalt grey aluminium door to match the shop frontage on County Place. 31 In order to protect the appearance of the conservation area, a condition has been recommended that prior to commencement, full details of the specification and methodology for alteration and repair of the shopfronts at Hospital Street and County Place shall be submitted in writing for further approval (Condition 2). Residential Amenity 32 Policy 1A and B, Policy 56 of LDP2 and NPF4 Policy 14 (c) and Policy 23 require any development to not detrimentally impact on residential amenity. 33 As the proposed use will remain as retail and there is no significant increase in floor space, no adverse impact on residential amenity (noise, waste management issues etc) is anticipated. However, conditions have been recommended regarding plant noise, and servicing and deliveries (Conditions 3 and 4). Roads and Access 34 The proposal does not constitute a significant intensification of the existing land use and therefore is unlikely to have a detrimental impact on traffic volumes or road safety. Page 192 of 216
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Drainage and Flooding 35 According to SEPA flooding maps, there is low risk of river flooding. Structures and Flooding were consulted and had no objections to the proposal. Natural Heritage and Biodiversity 36 There are no natural heritage or biodiversity implications associated with this proposal. Developer Contributions Transport Infrastructure 37 With reference to the above planning application the Council’s Transport Infrastructure Developer Contributions Supplementary Guidance requires a financial contribution towards the cost of delivering the transport infrastructure improvements which are required for the release of all development sites in and around Perth. 38 The site is located in the ‘Full’ Transport Infrastructure contributions zone (Appendix 3 of the Supplementary Guidance). The Retail contribution rate will only be applied to the trading floorspace of new or extension to existing retail developments. Non-trading and Back of House functions space will be calculated on the employment use category. Vehicular retail showrooms will be calculated based on the floorspace of proposed buildings 39 Given that the increase in floorspace is negligible, the Developer Contributions Guidance is not applicable to this application and therefore no contributions are required in this instance. Economic Impact 40 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 41 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 42 None required. Page 193 of 216
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Direction By Scottish Ministers 43 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 44 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for approval subject to the following conditions. Recommendation Approve the application subject to the following conditions: Conditions and Reasons for Recommendation 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. Prior to commencement of the development hereby approved, full details of the specification and methodology for alteration and repair of the shopfronts at Hospital Street and County Place shall be submitted in writing for further approval by the council as Planning Authority. The detail as agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason - in order to protect the character of the conservation area. 3. Servicing of and deliveries to the premises shall be carried out between 0700 and 1900 Monday to Saturday only, with no servicing or deliveries permitted on Sundays. Reason - In order to safeguard the neighbouring residential amenity in 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 Page 194 of 216
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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. 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 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. 4. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 5. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 6. A commercial waste contract must be established for the retail units once it’s brought into use to ensure proper and compliant disposal, as waste generated by the units cannot be disposed of at any recycling centres, as these facilities are not authorised to accept commercial waste without payment. 7. An application for Building Warrant may be required. Page 195 of 216
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Background Papers Letters of representation 6 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 Page 196 of 216
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Ü © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 7 January 2026 25/01217/FLL Alterations, extension and subdivision of retail unit to form 2 retail units at 16 - 18 County Place, Perth, PH2 8EEScale 1:10,000 5(3)(iv) Page 197 of 216
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Ü © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 7 January 2026 25/01217/FLL Alterations, extension and subdivision of retail unit to form 2 retail units at 16 - 18 County Place, Perth, PH2 8EEScale 1:5,000 5(3)(iv) Page 199 of 216
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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. 5(3)(v) Page 201 of 216
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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. Page 202 of 216
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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: Page 203 of 216
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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. Page 204 of 216
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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 Page 205 of 216
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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 Page 206 of 216
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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 Page 207 of 216
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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. Page 208 of 216
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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 Page 209 of 216
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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 Page 210 of 216
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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 Page 211 of 216
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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 Page 212 of 216
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Ü Upgrading and widening of footpath on land 40 Metres South West of The Pavilion, Ferry Road, Pitlochry, PH16 5DD 25/01289/FLL Scale 1:15,000 Planning and Placemaking Committee - 7 January 2026 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(3)(v) Page 213 of 216
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Ü Upgrading and widening of footpath on land 40 Metres South West of The Pavilion, Ferry Road, Pitlochry, PH16 5DD 25/01289/FLL Scale 1:5,000 Planning and Placemaking Committee - 7 January 2026 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(3)(v) Page 215 of 216
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