Democracy Spraffa

Minute of meeting of 7 January 2026

Perth and Kinross Council · 11 February 2026
Back to Planning and Placemaking Committee — 11 February 2026 and its agenda

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

Original council PDF · Download plain text

Page 1

DRAFT
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 7 January 2026 at 9.30am.
Present: Councillors I Massie, G Stewart, K Allan, B Brawn, D Cuthbert, K Harvey
D Illingworth, I James, W Robertson (substituting for Bailie C McLaren), Councillor
R Watters, and Bailie M Williamson.
In Attendance: L McLean, C Morilly, S Panton, L Reid, K Smith, and P Williamson
(all Economy, Development and Planning); A Brown, C Elliott and M Pasternak (all
Legal and Governance).
Apologies: Bailie C McLaren.
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
3 December 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.
25/00609/FLM 5(2)(i)
24/01857/FLL 5(3)(i)
25/00572/FLL 5(3)(ii)
25/01082/FLL 5(3)(iii)
25/01289/FLL 5(3)(v)

Page 2

DRAFT
5. Applications For Determination
(1) Section 36 Consultations
(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 No. 26/1)
Resolved:
Offer an objection for the following reason:
1. The proposal will bring about significant adverse effects
on Loch Rannoch and Glen Lyon National Scenic Area 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’.
(2) Major Applications
(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 No.
26/2)
Mr Fawcus, agent, addressed the committee, and answered
members questions.
Resolved:
Grant, subject to the following terms, conditions and
informatives, including amendments circulated to members prior
to the meeting and amend condition 16 to include the possibility
of providing wheeled access; and subject to a possible voluntary
contribution towards NHS infrastructure.
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.

Page 3

DRAFT
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
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
Drumlin, located in the centre of the site.  The scheme
shall include provision for replanting within 5 years should
the proposed planting fail.  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

Page 4

DRAFT
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.
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) (Doc No 115) 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

Page 5

DRAFT
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.
(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, a Construction Traffic Management Scheme
(TMS) shall be submitted 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

Page 6

DRAFT
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.
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.

Page 7

DRAFT
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 commencement of development, details of
the proposed access to the southeast of Plot 17, linking
into the BMX track as shown on document 56 hereby
approved, shall be submitted to the Council as Planning
Authority for written approval.  The scheme shall show
provision for inclusive access rather than just stepped, in
addition to confirming the intentions for the existing
boundary treatments and whether open access to the
play park or gated access is to be provided.  Thereafter,
the agreed scheme shall be implemented prior to the
occupation of either plot 17, 18, 19, 20 or 21, whichever
is the earlier, and maintained in perpetuity for the life of
the development.
Reason - In the interest of sustainable transport.
17. Prior to the occupation of the first dwellinghouse or flat,
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 Council as
Planning Authority in consultation with Perth and Kinross
Council’s 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

Page 8

DRAFT
dropped kerb to the south of the property known as
Lilybank, where a 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 or flat. 
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. 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 first
dwellinghouse or flat

Page 9

DRAFT
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.
A possible legal agreement for a voluntary contribution towards
NHS infrastructure is also to be considered.
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.
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

Page 10

DRAFT
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 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

Page 11

DRAFT
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.
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

Page 12

DRAFT
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.
(The committee took a short recess)
(3) Local Application
(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 No.
26/3)
Mr M Harvey (via telephone), agent, addressed the committee,
and answered members questions.
Resolved:
Grant, subject to the following terms, amended 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. 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 occupation of the dwellinghouse.
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 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 installation

Page 13

DRAFT
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 dwellinghouse, 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 occupation of the dwellinghouse, 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, 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 - 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.
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;

Page 14

DRAFT
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.
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.

Page 15

DRAFT
10. Prior to occupation of the dwellinghouse hereby
approved, 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.
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.
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 16

DRAFT
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 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.

Page 17

DRAFT
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.
(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 No. 26/4)
Mrs D Champion, followed by Mrs P Campbell, objectors,
addressed the committee, and answered members questions. 
Mr M Baxter, agent on behalf of the applicants, was available on
the telephone to answer members questions.
Resolved:
Grant, subject to the following terms, amended 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. 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.

Page 18

DRAFT
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:
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

Page 19

DRAFT
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.
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.

Page 20

DRAFT
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.
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

Page 21

DRAFT
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.
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 Minute of Variation
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

Page 22

DRAFT
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.
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

Page 23

DRAFT
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. 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.  
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.
(iii) 25/01082/FLL - 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, 3 Macduff Place, Kinross, KY13 8FU (Report No.
26/5)
Mr C Bruce (via telephone), agent on behalf of the applicant,
addressed the committee, and answered members questions.
Resolved:

Page 24

DRAFT
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 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.
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

Page 25

DRAFT
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.
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.
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.

Page 26

DRAFT
(iv) 25/01217/FLL - Alterations, extension and subdivision of
retail unit to form 2 retail units, 16-18 County Place, Perth,
PH2 8EE (Report No. 26/6)
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. 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 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.
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

Page 27

DRAFT
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.
(v) 25/01289/FLL - Upgrading and widening of footpath, land 40
metres south west of The Pavilion, Ferry Road, Pitlochry,
PH16 5DD (Report No. 26/7)
Mr C Milne, objector, followed by Mr R Johnston, agent on
behalf of the applicant, addressed the committee, and answered
members questions.
Councillor K Allan moved an Amendment to approve the
application without the installation of a picnic bench.  Having
failed to secure a seconder, the Amendment fell.
Resolved:
Grant, subject to the following terms, amended 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.

Page 28

DRAFT
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 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, together with a
management plan for the arrangements to empty and
manage said bins.  Thereafter the scheme shall be
carried out in complete accordance with the details as so
agreed.
Reason - In the interests of protecting environmental
quality and neighbouring residential amenity.

Page 29

DRAFT
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. 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 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

Page 30

DRAFT
Flood Risk Assessments 2021 as it contains advice
relevant to your development.