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Perth and Kinross Council · 11 February 2026
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Perth and Kinross Council
Planning and Placemaking Committee - 11 February 2026
Report of Handling by Development Management and Building Standards Service
Manager
(Report No. 26/40)
Proposal: Erection of 4 poultry rearing sheds, managers dwellinghouse and garage,
staff welfare facility, office, storage buildings, security fencing, formation of
vehicular access, SUDS, landscaping and associated works
Location: Land at Newbigging Farm, Kinclaven, Stanley, Perth
Ref. No: 25/00824/FLM
Ward No: P5 - Strathtay
Summary
This report recommends approval of the application for the erection of 4 poultry rearing
sheds, managers dwellinghouse and garage, staff welfare facilities, office, storage
buildings, security fencing, formation of vehicular access, SUDS, landscaping and
associated works at Newbigging Farm, Kinclaven.
The proposal represents a minor departure from the Development Plan, justified by
material planning considerations relevant to this case.
Background and Description of Proposal
1. Planning consent is sought for the erection of 4 poultry rearing sheds, managers
dwellinghouse and garage, staff welfare facilities, office, storage buildings,
security fencing, formation of vehicular access, SUDS, landscaping and
associated works at Newbigging Farm, Kinclaven. The site is located in the
countryside, approximately 3km from the settlement of Stanley to the northeast of
Perth.
2. Newbigging Farm, which is owned by the Applicant, comprises of a derelict
farmhouse and a traditional steading with a number of disused agricultural
outbuildings, which are in varying states of disrepair, and 51 hectares of arable
land that is farmed and will be continued to be farmed through crop rotation
alongside opportunities for biodiversity enhancement. The supporting information
confirms that the site has a historic use as a poultry farm. The steading building
was last occupied by a haulage business which is understood to have relocated.
The application site is approximately 16ha and the proposed farm building area

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measures approximately 10,563sqm with a further 146sqm for the manager’s
house area. A burn runs along the eastern edge of the site, otherwise
Newbigging Farm adjoins Taymount Wood to the north and west. There is one
cottage on the farm (Viewlands) which is owned and tenanted by the Applicant,
this arrangement will continue. Access is via a junction onto Kinclaven Road
(C406).
3. The proposed facility would be a pedigree rearing farm that would hold a
maximum of 7,000 birds in each shed, totalling 28,000 birds, These birds are to
be reared as breeding stock for future flocks. The aim is to rear 28,000 chickens
every 6 months in the 4 purpose-built sheds of which are proposed to be centred
around the existing farm buildings.
4. The existing farmhouse will be replaced with a new farm manager’s home, albeit
not on the same footprint. There are no public rights of way crossing the site,
however, core path STAN/115/136 is located south of the C406 public road. The
River Tay Special Area of Conservation (SAC) is located approximately 1km to
the south of the site and the Kings Myre Site of Special Scientific Interest (SSSI)
is located approximately 0.83km to the northwest. With the exception of an area
to the west of the site, the SSSI is surrounded by woodland, which is classified
as ancient woodland. The land is identified as category 3.1 (prime) with a small
area to the northeast of the site located within category 2 (also prime) taken from
the 1:50,000 map layer.
5. The nearest properties, outwith the control of the Applicant, are:
 Knockshinnan Farmhouse – 560m from the site;
 Innernyte Farmhouse – 650m from the site;
 Innernyte Cottages – 780m from the site;
 Honeyhole – 900m from the site.
6. The supporting information explains that the design and layout of the proposed
development have been informed by the operational needs of poultry rearing,
with particular regard to welfare standards, site characteristics, environmental
and technical assessments, and engagement with neighbours and the local
community and will comprise:
 Demolition of existing derelict farm buildings;
 The erection of 4 linked poultry sheds;
 Amenity and staff welfare facilities;
 Ancillary storage buildings;
 Farm managers dwellinghouse;
 Feed silos (x4);
 LPG tanks (x6);
 Wastewater storage tanks (2 x 48,000 litres);
 Roof mounted PV panels on sheds and farmhouse;
 Staff and visitor car parking;
 Perimeter fencing and landscaping;

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 Perimeter swales;
 Sustainable waste and surface drainage system, filter trench and outfall to
burn;
 Improvements to the existing farm track and new bell-mouth access
proposed to the west of the existing access;
 Site wide landscaping.
7. The poultry sheds will measure 100m long by 24m wide and will reach a height of
5.2m to the ridge. The sheds will be securely fenced around the site at a height
of 2.1m
8. The proposal will employ one farm manager supported by three team leaders,
fifteen full time staff and one cleaner to total twenty members of staff.
Site History
9. 04/00871/FUL Full Planning Permission was approved on 3 November 2004 for
the change of use from agricultural building to storage distribution.
10. 05/00826/FUL Full Planning Permission was approved on 23 August 2005 for the
change of use from agricultural building to a haulage operating centre.
11. 18/02061/FLL Full Planning Permission application was withdrawn on 22 March
2019 for the change of use and alterations to steading to 2 dwellinghouses,
erection of 2 dwellinghouses and a replacement dwellinghouse.
12. 19/01021/FLL Full Planning Permission was approved on 9 September 2019 for
the change of use and alterations to agricultural steading to form 2
dwellinghouses, erection of 2 dwellinghouses and a replacement dwellinghouse,
landscaping and associated works.
13. 22/02242/SCRN EIA Screening Request – No EIA Required (2 February 2023)
for the erection of 3 sheds.
14. 25/00003/PAN Proposal of Application Notice – contents agreed on 28 February
2025 for the erection of poultry facility, managers accommodation, staff welfare
facility, office, storage buildings, security fencing, formation of vehicular access,
SUDS, landscaping and associated works.
Environmental Impact Assessment
15. Directive 2011/92/EU (as amended) requires the ‘competent authority’ (in this
case Perth and Kinross Council) when giving a planning permission for particular
large-scale projects to do so in the knowledge of any likely significant effects on
the environment.  The Directive therefore sets out a procedure that must be
followed before ‘development consent’ can be given.

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16. This procedure, known as Environmental Impact Assessment (EIA), is a means
of drawing together, in a systematic way, an assessment of a project’s likely
significant environmental effects.  The EIA Report helps to ensure that the
importance of the predicted effects, and the scope for reducing any adverse
effects, are properly understood by the public and the relevant competent
authority before it makes its decision.
17. The proposal falls under Schedule 2 (1)(c) of the Environmental Impact
Assessment Regulations 2017, which relates to intensive livestock installations
where the floor area exceeds 500sqm. The proposal is for an intensive livestock
development which exceeds this threshold. An Environmental Impact
Assessment (EIA) screening exercise (ref. 22/02242/SCRN) has previously been
undertaken in respect of a poultry development at this site and concluded that an
EIA was not required, as the proposal was not considered likely to have
significant environmental effects. Whilst the current proposal differs in detail from
that previously screened, it is not considered necessary to undertake a further
screening exercise, as the development follows the same overall nature and
operational ethos. Notwithstanding this, a suite of supporting assessments has
been submitted, presenting environmental information in respect of landscape
and visual impact, noise, odour, ecology, traffic and transport.
Pre-Application Consultation
18. The proposed development is a ‘Major’ development, in terms of the Town and
Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, due
to the potential poultry sheds having a floor space greater than 5000 square
metres. The applicant was therefore required to undertake formal pre-application
consultation with the local community.
19. A Proposal of Application Notice (PAN) was submitted on 3 February 2025. The
public engagement carried out is detailed in the supporting Pre-Application
Consultation Report. Two public consultation events were held at Stanley Hall.
The first event took place on the 11th of March 10-4pm and the second event
took place on the 8th of April from 12 noon to 8pm. In addition to the statutory
requirements, Aviagen attended the Stanley and District Community Council
(SDCC) meetings on the 24th February 2025 and 31st March 2025 to provide
opportunities to outline the project and address feedback. In response to
feedback from the SDCC meeting and 1st consultation event, guided tours of
operational Aviagen poultry farms in Perthshire (Crieff and Kinkell Bridge) were
undertaken with neighbours on the 3rd of April 2025 to help illustrate the plans
for Newbigging Farm. The Planning Authority are satisfied that the requirements
of the pre-application consultation have been met.
20. Public concerns raised as part of this process identified bridge, odour, noise,
employment opportunities, visual impact including external lighting, surface
water, construction disruption, Avian influenza, traffic and impact on the
Taymount Wood and the West Stormont Woodland Group project as being
matters not addressed by the consultation events.  These matters have been

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responded to by the agent and included within a Pre-Application Consultation
(PAC) Report submitted with this application. 
Pollution Prevention and Control Regulations
21. The threshold for regulation of poultry units under SEPA’s Pollution Prevention
and Control Regulations is 40,000 bird places.  As this proposal relates to 28,000
birds these regulations would not apply and matters of noise, odour etc will be
considered by PKC Environmental Health.
Development Plan
22. 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
23. 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.
24. 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 6: Forestry, Woodland and Trees
Policy 7: Historic Assets and Places
Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings
Policy 13: Sustainable Transport
Policy 14: Design, Quality and Place
Policy 16: Quality Homes
Policy 17: Rural Homes
Policy 18: Infrastructure First
Policy 20: Blue and Green Infrastructure
Policy 22: Flood Risk and Water Management
Policy 23: Health and Safety
Policy 29: Rural Development
Perth and Kinross Local Development Plan 2019
25. 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,

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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.
26. The principal relevant policies are, in summary;
Policy 1A: Placemaking
Policy 1B: Placemaking
Policy 2: Design Statements
Policy 5: Infrastructure Contributions
Policy 6: Settlement Boundaries
Policy 8: Rural Business and Diversification
Policy 17: Residential Areas
Policy 19: Housing in the Countryside
Policy 26B: Scheduled Monuments and Archaeology: Archaeology
Policy 31:Other Historic Environment Assets
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 50: Prime Agricultural Land
Policy 51: Soils
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 55: Nuisance from Artificial Light and Light Pollution
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
27.
 Supplementary Guidance - Developer Contributions & Affordable Housing
(adopted in 2023)
 Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020)
 Supplementary Guidance - Housing in the Countryside (adopted in 2020)
 Supplementary Guidance - Landscape (adopted in 2020)
 Supplementary Guidance - Placemaking (adopted in 2020)

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Other Material Considerations
PKC Non Statutory Guidance
28.
 Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC
and the River Tay SAC
 Planning Guidance - Planning & Biodiversity
Other Material Considerations
29. The Chief Planner’s letter dated 4 November 2011, regarding occupancy
restrictions and rural housing - The letter emphasises that where a dwelling is
supported on the basis of an operational need—such as the functional
requirement for a worker to live on site—the planning authority should focus on
assessing that need at the application stage. If the need is clearly demonstrated
and the proposal complies with policy, an occupancy restriction is generally not
required, as the planning system should not impose additional controls beyond
what is necessary. The letter therefore encourages planning authorities to rely on
robust policy assessment rather than restrictive conditions, ensuring that rural
homes are granted permission only where they genuinely meet policy criteria,
without relying on occupancy controls to limit future use.
30. The Chief Planner’s letter dated 13 February 2023, regarding transitional
arrangements for National Planning Framework 4 (NPF4), states: “In the event of
any incompatibility between a provision of the National Planning Framework and
a provision of a Local Development Plan, whichever of them is the later in date is
to prevail.” This confirms that, where there is a conflict between NPF4 and the
Local Development Plan, the provisions of NPF4—being the more recent
document—take precedence in decision-making.
National Guidance
31. 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
32. The following Scottish Government Planning Advice Notes (PANs) and Guidance
Documents are of relevance to the proposal:
 PAN 1/2011 Planning and Noise
 PAN 33 Contaminated Land
Creating Places 2013
33. 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

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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
34. 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
35. 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
36. 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 for this location.
Consultations
37. As part of the planning application process the following bodies were consulted:
External
38. Scottish Water – no objection.
39. Stanley and District Community Council – no comments.
40. NatureScot – no comments.
41. Perth and Kinross Heritage Trust – no objection subject to conditions in
respect to an archaeological standing building survey and archaeological
watching brief.
42. Historic Environment Scotland – no objection.
43. Scottish Environment Protection Agency – no objection.
Internal
44. Planning Enforcement Officer (Trees) - no objection subject to conditions.
45. Biodiversity – no objection subject to conditions.

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46. Transportation and Development – no objection subject to conditions.
47. Structures and Flooding – no objection subject to conditions.
48. Environmental Health (Noise Odour) – no objection subject to conditions.
49. Environmental Health (Contaminated Land) – no objection subject to
condition.
50. Development Contributions Officer – no contribution required.
Representations
51. A total of sixty-four letters of representation were received, representing fifty-four
individual households. Of the representations received, four expressed support
for the proposal, with the remainder raising matters of concern. The main issues
raised are as follows:
Material Considerations
52.
 Visual Amenity
 Contrary to Development Plan Policy
 Inappropriate Land Use
 Loss of Prime Agricultural Land
 Adverse impact on wildlife and natural environment
 Potential impact on the Tay SAC.
 Impact on Residential Amenity
 Flooding and Drainage 
 Concerns for surface water run off (pollution leaching into the RiverTay)
 Concerns for pollution run off into Nytie Burn
 Light Pollution
 Loss of Open Space
 Loss of Trees
 Noise Pollution
 Air Quality
 Odour Pollution
 Over Intensive Development
 Carbon Intensive Production
 Scale of Development
 No justification for demolishing the historically recorded Newbigging Farm
Group of buildings.
 Unsuitable industrial and oversized development for an area of historic
landscape value.
 Road, Access and Pedestrian Safety Concerns
 Traffic Congestion
 Out of character with the area
 Impact on Kingsmyre SSSI

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 Impact on Roman Watch Tower (Scheduled Monument) and potential ground
archaeology
 Impact on the Taymount Wood (Community woodland)
 Impact on Biodiversity
 Protected Species
 Employment Provision
 Regulatory and Procedural Issues with Neighbour Notification and
Community Engagement
Non-Material Considerations
53.
 Impact on property values
 Potential health risks
 Community benefit schemes
 Negative impact on local surrounding businesses
 Animal welfare
Support Comments
 Employment provision
 Enhances the character
 Supports Economic Development
 Results in environmental improvements
 Proposal will allow continued use of the farmland
 Visual enhancement – finishing materials will integrate well into surroundings
 Adequate tree screening
 Biodiversity Enhancement
 Effective and open Community Engagement
54. A material consideration is a matter which is taken into account in assessing a
planning application. These are issues which are relevant to the decision. The
material considerations noted above are addressed in the Appraisal section of
the report below. 
55. In response to the comments on the grounds of quality of public consultation
events, the Planning Authority does not offer any comment in this regard beyond
confirming that the pre-application requirements set out by Section 25 of the
Town and Country Planning (Scotland) Act 1997 (as amended) have been met.
56. Comments in respect to specific properties being omitted from formal neighbour
notification. In accordance with Regulation 18 and Schedule 4 of the Town and
Country Planning (Development Management Procedure) (Scotland) Regulations
2013, only properties containing buildings within 20 metres of the application site
boundary require to be notified. The properties referred to are located outwith this
statutory distance and therefore no formal neighbour notification was required.

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57. Concerns relating to the welfare and sentience of poultry are acknowledged,
however, animal welfare is regulated through separate legislation and is not a
determining land-use planning consideration in the assessment of this
application. The planning assessment focuses on the environmental and amenity
impacts of the proposed development.
58. Objections citing non-compliance with specific policies of the Development Plan
(comprising NPF4 and LDP2) are noted. However, these documents must be
interpreted and applied as a whole, with all relevant policies and material
considerations taken into account. An assessment of these matters is provided in
the Appraisal section below.
Additional Statements
Screening Opinion EIA not required
Environmental Impact Assessment (EIA):
Environmental Report
not required
Appropriate Assessment under Habitats
Regulations
Habitats Regulations Appraisal
completed
AA not required
Design Statement or Design and Access
Statement
submitted
not required
Report on Impact or Potential Impact eg
Flood Risk Assessment
 Pre-Application Consultation
(PAC) Report
 Planning Statement
 Transport Statement
 Noise Impact Assessment
 Odour Management Report
 Landscape and Visual Appraisal
 Drainage Design Report
 Ecological Assessment
 Bird, Bat and Protected Species
Survey
 Tree Bat Survey
 Arboricultural Impact Plan
Appraisal
59. 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.

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Principle
60. Planning decisions require assessment against the Development Plan, which
here comprises NPF4 and LDP2, with NPF4 taking primacy in the event of any
incompatibility. While development is generally focused within settlements, both
frameworks recognise the need to sustain rural economies and avoid
suburbanisation and unsustainable travel patterns. NPF4 Policies 29 (Rural
Development), 17 (Rural Homes) and LDP2 Policies 8 (Rural Business &
Diversification) and 19 (Housing in the Countryside) are considered to be the key
policies relevant to the overall principle of the development.
61. The site comprises of an existing farmhouse, steading, a number of outbuildings
(all of which are proposed for demolition) and extensive hardstanding. The
proposed development comprises two parts, a replacement of the farmhouse and
the erection of new poultry buildings. Whilst the two elements are interlinked,
they are subject to slightly different considerations.
62. In terms of the replacement of the existing farmhouse, this falls to be assessed
against the Housing in the Countryside policies, as contained in NPF4, LDP2 and
the Supplementary Planning Guidance 2020. In reviewing the site history, in
particular planning permission 19/01021/FUL, there has already been
acceptance of the replacement of the existing farmhouse.
63. LDP2 Policy 19 states that development of single houses which fall within at least
one of the six identified categories will be supported. 
(1) Building Groups
(2) Infill sites
(3) New houses in the open countryside on defined categories of sites as set
out in section 3 of the Supplementary Guidance
(4) Renovation or replacement of houses
(5) Conversion or replacement of redundant non-domestic buildings
(6) Development on rural brownfield land
64. The replacement of the existing farmhouse is assessed under Category (4) of
LDP2 Policy 19 (Renovation or Replacement of Houses). The existing farmhouse
is in a very poor structural condition, with part of the roof having collapsed.
Although the proposed farm manager’s dwellinghouse is not located on the exact
footprint of the existing farmhouse, it is sited partially on the footprint of the
existing steading (to be demolished) and remains within the established farm
complex.
65. The repositioning of the replacement dwelling is justified by operational
requirements associated with the farm, including site security, bird welfare and
accountability, and the need for a permanent on-site presence. In this respect,
the proposal aligns with NPF4 Policy 17 (Rural Homes) and LDP2 Policy 19
(Housing in the Countryside), which supports rural housing where it is
appropriately located, justified by its context and use, and compatible with its

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rural setting. Accordingly, the principle of a replacement dwellinghouse is
accepted.
66. In terms of the new poultry buildings, LDP2 Policy 6 resists development outside
settlement boundaries; however, LDP2 Policy 8 (Rural Business &
Diversification) and NPF4 Policy 29 (Rural Development) provide a route for rural
economic proposals that are appropriately scaled, sited, and justified.
67. The proposed development is situated within an established farm complex in a
rural location to the northeast of Stanley. The nearest residential property not
within the applicant’s control is approximately 560 metres from the site. Owing to
the operational requirements of the proposal, the development is suitably located
in a relatively isolated setting while maintaining convenient access to the
transport network. Although the site is visible from the surrounding area, the
separation distance from neighbouring properties limits direct views and ensures
the site remains physically and functionally detached from any settlement. As
such, the location of the proposed development accords with the objectives of
the NPF4 Policy 29 and LDP2 Policy 8 providing that the detailed planning issues
are satisfied.
68. The key determining issues are whether the proposal is consistent with the
relevant provisions of the Development Plan with regard to traffic implications,
landscape and visual impact of the proposal and impact on neighbouring amenity
such as odour and noise. These matters are assessed in detail within the
sections below.
Design and Layout
69. The applicant has submitted a Statement of Case and Planning Policy
Assessment, incorporating a Design and Access element, in accordance with
LDP2 Policy 2. Policy 14: Design, Quality and Place and Policy 17: Rural Homes
of NPF4 are also relevant as is LDP2 Policy 1: Placemaking.
Farmhouse
70. The existing farmhouse is redundant and in a poor condition. As noted above,
there has already been acceptance of the replacement of the existing farmhouse
through the 2019 planning permission. The location of the proposed
replacement farmhouse is to be located to the east of existing, to be located on
part of the existing steading building footprint.
71. The replacement dwellinghouse is to be of single storey, pitched roof
construction reaching a height of approximately 5.1m to ridge and will provide 3
bedrooms. The footprint measures approximately 147sqm. In terms of finishing
materials the walls will be finished in a mix of vertical timber cladding and white
render, the roof finished in flat concrete roof tiles in Anthracite, uPVC windows in
Anthracite and doors will be composite also finished in Anthracite. A detached
pitched roof single garage is proposed to the north east of the dwellinghouse.

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72. The replacement dwelling is acceptable in design and layout, and its relocation
approximately 30 metres to the north-east raises no issues, providing adequate
separation from the proposed poultry units and allowing for effective site
security.
73. Existing landscaping is retained along the north-east boundary, with additional
woodland proposed to the east of the dwellinghouse. This combined landscape
framework is capable of absorbing the development.
74. In terms of the occupancy of the new replacement dwellinghouse, the applicant
has indicated that it would be for a worker associated with the poultry farm. In
terms of policy issues, the only issue in terms of this being a mainstream unit
would be the potential odours and noise arising from the adjacent poultry farm.
75. However, the close physical relationship with the farm would inevitably control
the occupancy here and it would be extremely unlikely that anyone unconnected
to the poultry farm would look to live here - so it is not considered necessary to
use occupancy conditions.
76. Overall, the layout, house design and materials proposed are acceptable and
contribute positively to the quality of the surrounding built and natural
environment in compliance with relevant NPF4 and LDP2 policies.
Poultry Sheds
77. The proposed sheds are similar in terms of scale and layout to other poultry
rearing developments by the applicant or other poultry facilities in Scotland. As
noted above, the proposed sheds will measure approximately 100m by 24m to a
height of 5.2m and will be linked to each other by covered walkways. The poultry
sheds will be steel framed with roof and side walls clad in composite insulated
panels, coloured Juniper Green. Additional equipment will include feed stores, a
generator, water tanks, LPG tanks, staff amenity building, storage building and
incinerator.
78. The siting of the proposed development focuses on the existing building group at
Newbigging Farm, with limited extension into adjoining fields. This site has been
selected as the most suitable location having regard to a range of interrelated
factors. As set out in the supporting information, the layout has been informed by
the operational requirements of poultry rearing—where biosecurity and animal
welfare are key considerations—alongside the findings of environmental and
technical assessments, landscape and visual containment, access and drainage
arrangements, and the feedback received through the public consultation
process. Collectively, these considerations demonstrate that the chosen site
represents the most appropriate location to address amenity, traffic, drainage,
construction, operational and visual matters.
79. The proposed sheds are described by the applicant as “state of the art”,
designed to take account of energy saving. High levels of insulation, computer-
controlled ventilation, energy efficient heating and lighting systems all form part

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of the design. Their height, colour and materials relate well to the surrounding
character of the rural environment. The proposal therefore complies with NPF4
Policy 14 – Design, Quality and Place and LDP2 Policy 1 – Placemaking.
Landscape and Visual Amenity
80. Safeguarding and enhancing landscape character is considered via LDP Policies
1A, 1B, 8 and 39 of the LDP2. Whilst Policy 4(a) and (d) of NPF4 considers
impacts on the natural environment, Policy 29 (Rural Development) seeks to
ensure development proposals in rural areas should be suitable scaled, sited and
designed to be in keeping with the character of the area. These policies seek for
any significant landscape and visual impacts of new development to be
addressed whilst resisting development that causes unacceptable effects through
its scale, location or design on key characteristics, natural landscape elements,
features or the composition or quality of the landscape character on either an
individual or cumulative basis. 
81. A Landscape Visual Appraisal (LVA) has been submitted with the application
which considers the potential implications of the proposed development in terms
of landscape character, together with effects upon a representative range of
visual receptors. The site is located within the Lowland Hills – Tayside
Landscape Character Type (LCT) 380. The predominant landscape type is a mix
of agricultural fields and fragments of woodland with scattered designated
landscapes. The River Tay meanders through the landscape within a steep
wooded valley. The settlement of Stanley is located to the lower area adjacent to
the Tay.
82. The application site is located to the north of the public road between Stanley
and Ballathie, which accommodates both local and through traffic linking bridges
over the River Tay and serving a number of scattered residential properties and
farmsteads along its length.
83. The northern and eastern boundaries of the site are defined by Taymount
Community Woodland, and a burn runs through the site. Stobhall Garden and
Designed Landscape (GDL) is located approximately 1km south of the site which
includes a number of Category A listed structures. Kings Myre SSSI, lying
0.83km to the northwest of the proposed development and Taymount Community
Woodland bounds the site which is designated as an Ancient Woodland. Having
regard to the local topography and existing vegetation cover, it is anticipated that
the development will not be visible from these designated sites or structures, with
the exception of the Ancient Woodland.
84. Visual impacts refer to the effects of a development as perceived by specific
receptors, typically more localised than broader landscape impacts. The
assessment of visual impact focuses on sensitive receptors, which are
generally categorised into two groups: residential and recreational. A total of 20
viewpoints were assessed, predominantly within 2km of the site, with a limited
number of longer range viewpoints beyond 2km. As public routes run along the
southern and western boundaries of the site, viewpoints were selected from

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these routes, together with views from nearby residential properties. Residential
receptors consist of scattered dwellings, while recreational receptors include
users of nearby public rights of way and public viewpoints. Representative
viewpoints have been selected to illustrate the likely views of the proposed
development from various distances and directions, capturing key perspectives
relevant to the assessment. At greater distances to the south, views from the
A93 across the valley were considered, along with viewpoints representing the
closest locations along the railway line and from Stanley, the nearest
settlement.
85. The landscape assessment has considered a number of viewpoints which has
concluded that careful consideration of the site and landscape setting through
the course of the design process has helped to minimise the visual impact of
the proposed development. The visual impact of the proposed development is
relatively well contained and minimal from most viewpoints. It is recognised that
there will be some localised visual impacts, however, it is proposed within a
location where there is an existing agricultural complex and therefore sits within
an agricultural landscape.
86. While the layout of the proposed development has been driven by functional
requirements, the sheds are positioned within a lower lying area of the site to
reduce landscape and visual impacts. The rolling landform to the south will also
contribute to the screening of the development. In addition, a landscape
framework is proposed to enhance the setting of the development, incorporating
woodland blocks to provide screening and to extend habitats associated with the
surrounding woodlands.
87. In conclusion, the applicant has proposed a planting scheme aimed at
introducing additional woodland planting across the site to mitigate landscape
impacts associated with the development. The proposed design, landscape
screening and woodland planting is considered robust and appropriate mitigation
for the resultant visual impact to be minimised as much as possible. In
conclusion, the Planning Authority is satisfied that the proposal complies with
development plan policies as noted above.
Residential Amenity
88. Residential amenity requires to be considered under NPF4 Policy 14 and LDP2
Policies 1 and 17. NPF4 Policy 23 and LDP2 Policy 56 are also of relevance in
relation to noise. Generally, these policies do not support proposals that are likely
to result in obtrusive and/or intrusive effects and/or raise unacceptable noise
issues and in cases where a Noise Impact Assessment indicates that a proposed
development could have a significant detrimental impact on noise levels,
appropriate mitigation measures must be provided.
89. The application contains the provision for poultry sheds with a capacity of 28,000
birds. The rearing sheds are for poultry breeding stock and each shed will have a
housing capacity of 7,000 birds. This falls outwith the 40,000 poultry threshold for
the requirement of Pollution Prevention and Control permit from SEPA. As the

Page 17

proposal is below the PPC (Pollution Prevention Control) threshold, SEPA have
no remit in relation to odour, noise or air quality and as such no permit is
required. An application such as this, however, has the potential to lead to loss of
amenity at nearby receptors due to noise and odour.
90. The nearest third-party property is over 500 metres away from the proposed
sheds.
Noise
91. A Noise Impact Assessment submitted in support of the application has
assessed operational noise in accordance with BS 4142:2014+A1:2019, with
reference to BS 8233:2014 and WHO guidance. The assessment confirms that,
during normal operations, predicted noise levels at all third party noise sensitive
receptors would be at or below background levels, or would represent negligible
exceedances. Where higher levels are predicted at nearby receptors within the
applicant’s ownership, internal noise levels would remain within accepted
daytime and nighttime standards.
92. An assessment of emergency generator operation indicates potential short-term
exceedances; however, predicted internal noise levels would continue to comply
with guidance. The applicant has also committed to further mitigation through the
selection of a quieter generator to minimise nighttime impacts.
93. Environmental Health colleagues have been consulted and advised subject to
appropriate conditions controlling plant noise and securing mitigation measures,
the proposal is not considered to give rise to unacceptable noise impacts on
residential amenity and accords with relevant national and local planning policy.
Odour
94. The applicant has submitted a Planning Statement and Odour Management Plan
which are statements of intent with regards to the applicants‘ intention to manage
odour on site which have been reviewed by the Council’s Environmental Health
(EH) Team.
95. The poultry sheds will be ventilated by means of a computer controlled
mechanical ventilation system. The ventilation system continually monitors
parameters such as temperature and humidity to ensure the optimum conditions
and dry manure thus reducing emissions of ammonia and odours.
96. The Code of Good Practice for the Prevention of Environmental Pollution from
Agricultural Activity which was prepared in 2005 by the Scottish Executive
recommends that new buildings should not be within 400 metres of residential
properties and where possible should be downwind of residential areas if they
are to be used for housing of livestock.
97. Whilst there are no residential receptors within this distance, out with the
ownership of the applicant, an Odour Management Plan (OMP), Reference: As

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1118 OMP, dated 29 May 2025 has been submitted with the application.
Provided the OMP is fully implemented once the development is operational.
Environmental Health colleagues have advised that they are satisfied that the
mitigation measure contained within the OMP will ensure that odour from the
facility will not impact on residential amenity of neighbouring properties.
98. Overall, EH have, subject to planning conditions, raised no concerns over the
potential for adverse noise and odour on residential properties. The proposal is
therefore considered to comply with NPF4 and LDP2 Policies, as noted above,
with no unacceptable impact on the amenity of residential properties.
Roads and Access
99. NPF4 Policy 18 Infrastructure First and LDP2 Policy 60 Transport and
Accessibility are the most applicable policies to assess the application against in
terms of potential traffic and transport impacts. These policies seek to
encourage, promote and facilitate an infrastructure first approach to land use
planning, which puts infrastructure considerations at the heart of placemaking
whilst the formation of new accesses should be designed to the satisfaction of
the Council’s Transportation and Development Team.
100. A transport statement has been provided to support this application. The
proposal is for a breeding facility at Newbigging Farm and there is no
extraction/collection associated with the development. The project will employ a
total of 20 staff but only 9 staff are accounted for in traffic movements to reflect
the following factors:
i. The farm manager lives on site
ii. Not all 20 staff work on site at the same time
iii. Some staff cycle to work, with provisions made for onsite cycle storage
iv. A travel plan which includes for car sharing
101. Vehicle movements from the operation of the farm is estimated as shown in
Table 1, below. There will be a number of HGV movements associated with
normal operations including the delivery of feed, fuel and poultry lorries. Traffic
will be higher during shed depletion, cleaning out and re-stocking periods. Private
vehicles for people commuting to the site make up the majority of the journeys.
102. Agricultural vehicles and trailers, including slurry tankers will be used for the
removal of poultry litter and wastewater during the cleanout period. The
Transport Statement estimates vehicle generation of 16 movements per day on
average.

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Vehicular Access
103. The existing vehicle access junction to Newbigging Farm is proposed to be
stopped up with a new direct access proposed on to the C406 public road to the
south in the form of a priority junction. The new junction will be designed to
accommodate HGV traffic (a swept path has been provided for a 16.5m
articulated vehicle) and will lead to an access track that joins the existing access
track within the site area The C406 is a rural single carriageway subject to
national speed limit restrictions predominantly providing access to farms and
residential dwellings within the wider area. Visibility splays of 2.4m x 215m have
been provided and a condition is recommended for the formation of the junction
visibility splays in accordance with the Design Manual for Roads and Bridges
(DMRB).  A condition is recommended for a detailed design of the new junction
and the stopping up of the existing access prior to commencement of
development. 
104. Public representations have raised concerns regarding the use of the C406
railway bridge to the west of the site, which operates on a one way give and take
basis. The anticipated level of traffic associated with the development, as set out
in Table 1, has been reviewed by the Roads Authority (Roads Maintenance),
which has raised no objections to the use of the bridge. The Roads Authority
(Structures) has also confirmed that there are no concerns in relation to weight
restrictions on the bridge. As the bridge is owned by Network Rail, they were
consulted on the application in respect of any potential operational concerns or
the need for localised improvements; however, no objections have been raised.
In addition, the Roads Authority (Traffic and Network) has been consulted and
has raised no objections to the proposed development.

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Parking
105. The proposed scheme includes 18 parking spaces which is designed to provide a
suitable provision for the proposed staffing and visitors. Conditional control will
ensure at least 2 of these spaces are accessible. The spaces will be:
 9 staff, up to 4 visitors; and provision for 5 additional spaces to accommodate
maintenance staff, standard deliveries etc.
 Please note that an additional accessible parking space is required as per
the National Roads Development Guide standards. This can, however, be
secured by condition.
106. The 3-bedroom house will have 2 parking spaces which is adequate in terms of
the National Roads Development Guide.
Walking, Cycling, and Public Transport
107. There is no footway adjacent to the site, however, the site is accessible by
bicycle either via the core path or road network. This enables members of staff
and visitors with an alternative to the private car. As there is a desire to employ
local people for the jobs at the site, there is an opportunity for them to be within a
distance that they could cycle to the site. Conditional control will ensure at least 9
covered bicycle storage areas are provided. No bus services currently operate on
the C406 passing the site frontage. It is unlikely that staff members would walk to
the nearest bus stops, but these could be used as a multi-modal trip, including
cycling.
Construction Traffic Management Plan (CTMP)
108. The applicant advises that all construction and operational traffic will route via the
A9(T), accessing the site via the Bankfoot Junction, thereby avoiding travel
through Stanley. While objections have been raised in relation to the narrow
nature of roads approaching the site, it is considered appropriate to secure a
Construction Traffic Management Plan (CTMP). The CTMP will identify approved
construction traffic routes and set out traffic management measures, including
the use of manned control where necessary during the delivery of abnormal or
large loads.
109. The Councils Transportation and Development Team have no objection to the
application subject to conditions. As such, the Planning Authority are satisfied that
the proposal would be provided with adequate access and subject to appropriately
worded conditions, construction traffic impacts can be controlled. The proposed
development is considered to comply with NPF4 Policy 18 and LDP2 Policy 60.
Drainage and Flooding
110. NPF4 Policy 22, along with LDP2 Policies 52 and 53, require that all forms of
flood risk are fully understood, appropriately addressed, and that developments
are designed to be flood resilient without increasing flood risk to surrounding

Page 21

areas. Furthermore, LDP2 Policy 53 requires developers to satisfactorily meet the
required standards for water, wastewater and surface water drainage servicing.
Flooding
111. A review of fluvial and pluvial flooding reveals that the proposed site is not at risk
of flooding from either source.
Surface Water Drainage
112. The applicant has submitted a drainage design report which included greenfield
runoff calculations and MicroDrainage modelling output. Runoff from all
hardstanding areas will be collected by filter drains and directed to an attenuation
basin and subsequently discharge to the burn through a manmade ditch.
Discharge will be controlled to the greenfield runoff rate using a hydrobrake.
Surface water drainage will be via a treatment train consisting of swales leading
to an attenuation basin before discharging to the local watercourse. Runoff from
the wheel wash and during washdowns will be collected via channel drains and
temporary stored in tanks, to be removed form site and disposed of
appropriately. All runoff is to be routed through a silt trap prior to discharging to
swales/basins.
Foul Water Drainage
113. Foul water will arise primarily from washdown operations and staff facilities,
including the office, canteen and farm manager’s house. Washdown effluent will
be managed through a closed drainage system, with each shed served by
dedicated washdown bays draining to above-ground storage tanks for periodic
removal to a licensed facility. Vehicle wash effluent will be contained within a
separate closed system and stored for off-site disposal. Foul water from ancillary
buildings and the manager’s dwelling will be treated via an upgraded wastewater
treatment system, with treated effluent further filtered prior to discharge to the
local watercourse.
114. Overall, Structures and Flooding have been consulted and have not raised any
concerns over the potential for flooding and/or drainage implications associated
with the proposed development subject to condition in respect to a detailed
sustainable urban drainage system (SUDS). The proposal is therefore
considered to comply with the above-named policies.
Contaminated Land
115. NPF4 Policy 9: Brownfield, vacant and derelict land and empty buildings and
LDP2 Policy 58: Contaminated Land, are the most applicable policies to assess
the proposal against in terms of potential contaminated land impacts. These
policies require developers to demonstrate that land which is potentially
contaminated can be developed in a safe and suitable manner.

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116. PKC’s Contaminated Land Team were consulted on the proposal and advised
that potentially there are a range of contaminants that could be present in
agricultural land.  This is particularly true of areas used as farmyards which may
have contained a variety of buildings that have been put to a number of uses. 
Aside from the likely presence of made ground, any number of chemicals could
have been used and potentially leaked or been spilled.  The risks associated with
this remain difficult to quantify until there has been some form of sampling and
chemical analysis of the soils contained within the development area. This will
help determine the suitability of the site for the proposed development and
whether any measures are needed to mitigate against any risks that have been
identified.
117. It is therefore necessary to undertake an evaluation for the potential of the site to
be affected by contamination, to assess the potential risk and if after the
preliminary risk assessment identifies the need for further assessment, an
intrusive investigation should be undertaken. As such, subject to planning
condition, the proposal complies with NPF4 Policy 9 and LDP2 Policy 58A.
Cultural Heritage
118. NPF4 Policy 7 Historic assets and places and LDP2 Policy 26B Archaeology and
Policy 31 Other Historic Environment Assets are the most applicable policies to
assess the application against in terms of potential impacts upon the historic
environment. Broadly these policies seek to protect and enhance historic
environment assets and places, whilst resisting development which would have
an adverse impact on the character, integrity or setting of listed buildings or
scheduled monuments, or other archaeological sites.
Conservation Area and Listed Buildings
119. The site does not lie within or within close proximity of a conservation area.
Furthermore, the proposed development does not raise any concerns in
respect to any significant impact on any listed building. As such the proposal
complies with NPF4 Policy 7 and LDP2 Policies 27 and 28.
Archaeology
120. The planning statement notes that this proposed development appears to be in a
blank area with regards to known buried archaeology. Perth and Kinross
Heritage Trust (PKHT) have been consulted and advise that the development
area was not exploited in prehistory/historic times but with little archaeological
work to inform this and given the arable nature of the development site,
alongside its location within the landscape there remains some potential for
unknown remains to exist. The supporting statement suggests the provision of
archaeological monitoring for all groundbreaking works.
121. Perth and Kinross Heritage Trust (PKHT) are in agreement with the provision of
archaeological monitoring to assess the presence/absence, character and
significance of archaeological deposits on the site and record these appropriately

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and have recommended a condition for a programme of archaeological works be
attached to any consent. PKHT further comments that although not specified in
the condition but as best practice, they would recommend that a Written Scheme
of Investigation is produced and agreed with PKHT and submitted to the
Planning Authority for our records.
122. Subject to condition, the proposal accords with Policy 7 Historic Assets and
Places of NPF4 and LDP2 Policy 26B.
123. PKHT also noted that the application includes the full demolition of the
Newbigging Farm building group which do retain some historic layout and fabric
as mapped on the 2nd edition Odnance Survey. These buildings fall to be
assessed against LDP2 Policy 31: Other Historic Environment Assets which
apply to historic assets that are not statutorily designated. NPF4 Policy 7: Historic
Assets and Places is also relevant which notes that redundant historic buildings
should be brought back into sustainable and productive use. PKHT requested the
application demonstrate why this cannot be achieved with this building group and
consider retention and repair if possible.
124. The applicant subsequently spent considerable time reviewing the existing
building with the aim of retaining and converting any viable part of the structure.
The farmhouse is almost completely derelict with a collapsed roof over a large
section and as such presents significant challenges to restore and reuse, this
being consistent with the historic permission to replace it. The steading is largely
intact, albeit the mix of stone and brick replacement with a large expanse of
asbestos roofing make reuse highly problematic. Not least is that the orientation
of the proposed chicken sheds, which is determined by (i) ventilation (NW-SE
axis), (ii) the minimisation of avian flue risk through separation distances & (iii)
achieving wider landscape containment means that the location of the site
access and the replacement farmhouse (with requisite separation for the sheds)
are restricted to the steading area. Retention of the steading in this instance is
therefore, regrettably, unachievable. Furthermore, they would not be functional
for modern day poultry purposes.
125. Having regard to LDP2 Policy 31, which seeks the retention and reuse of non-
designated historic environment assets where practicable, it is considered that
the limitations of the buildings in terms of layout, orientation and structural
condition mean that their continued use or conversion would not be feasible or
indeed viable, and that their loss is therefore justified in this instance.
126. Discussions took place between the applicant’s agent and PKHT who accepted
their demolition, however, recommended the implementation of an
archaeological building standard survey, the scope of the works to be agreed
with PKHT. On balance, and in accordance with LDP2 Policy 31, it is concluded
that the retention or conversion of the existing buildings is not practicable and
that their removal, accompanied by appropriate archaeological recording,
represents an acceptable planning outcome.

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Natural Heritage, Biodiversity and Trees
127. NPF4 Policy 3: Biodiversity, NPF4 Policy 4: Natural Places and LDP2 Policy 38:
Environment and Conservation and Policy 41: Biodiversity are the key policies to
be applied in the assessment of the potential effects of the proposed
development upon Natural Heritage, Ecology and Biodiversity. Broadly, these
policies state support in principle for proposals which will conserve, restore and
enhance biodiversity whilst resisting development which by virtue of type,
location or scale will have an unacceptable impact on the natural environment
including nature conservation sites designated for its biodiversity, species,
habitat, or geodiversity importance.
128. NPF4 Policy 6 and LDP2 Policy 40: Forestry, Woodland and Trees are the key
policies to be applied in the assessment of effects on trees and forestry. The
Council will apply the principles of the Scottish Government Policy on Control of
Woodland Removal and there will be a presumption in favour of protecting
woodland resources. Where the loss of woodland is unavoidable, mitigation
measures in the form of compensatory planting will be required.
NPF4 Policy 4 Natural Places and LDP2 Policy 38: Environment and
Conservation
129. All methods in the submitted Bat Survey Report, Bird and Protected Species
Assessment are in accordance with best practice. Activity surveys carried out in
June 2025 confirmed the presence of bats. Due to the presence of bat roosts, no
works can be undertaken before a derogation licence from NatureScot (formerly
Scottish Natural Heritage) has been issued. The submitted Bat Survey Report
contains sufficient information for the planning authority to be satisfied that all
three tests are likely to be met. The same tests need to be passed in order for
NatureScot to issue a licence.
Breeding Birds
130. For all wild bird species in Great Britain, it is an offence to intentionally or
recklessly kill, injure or take a bird; take, damage, destroy or interfere with a nest
of any bird while it is in use or being built; or obstruct or prevent any bird from
using its nest. Clearance of vegetation should not take place during the bird
breeding season between 1st March and 31st August inclusive. An informative
will be added to this effect.
131. The submitted Bat Survey Report, Bird and Protected Species Assessment notes
the presence of swallow, house sparrow, and house martin nests. Nest boxes
must be provided on the completed buildings or nearby trees as compensation
for all destroyed nests.
132. The Report confirms that a barn owl was recorded roosting at the steading. All
recommendations in section 7 must be adhered to in full which can be controlled
by condition.

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NPF4 Policy 3 Biodiversity and LDP2 Policy 41: Biodiversity
Biodiversity Enhancement
133. Development proposals for national or major development will only be supported
where it can be clearly demonstrated that significant biodiversity enhancements
will be delivered, in addition to any mitigation measures required to address
development impacts. Such enhancements should contribute to the creation of
nature networks, strengthening ecological connectivity within the site and linking
to habitats beyond the development boundary. These measures must be secured
within a reasonable timescale and with a high degree of certainty, and should
include, where appropriate, arrangements for their long-term management,
maintenance and monitoring to ensure the enduring enhancement of biodiversity
value.
134. Enhancement for biodiversity should be an objective of all planning projects and
can be realised in several ways depending on location, surrounding habitats and
landscape character. Some biodiversity enhancement will be provided via the
proposed landscaping plan including woodland, wet woodland and an avenue of
oak trees. The plan indicates predominantly native species.
135. Biodiversity enhancement can only be considered so if the measures are over
and above the measures required for compensation. The bird and bat boxes
required for compensation cannot be included in the calculation for
enhancement.
136. The Preliminary Ecology Survey and Assessment Report recommend the
following measures:
 Enhance grassland habitat with wildflower seed mixes.
 Sow a flowering lawn mix
 Sow a Mavisbank meadow mix and wet meadow mix
 Create stone and log piles for amphibians and reptiles.
 Install wildlife kerbs and gully pot ladders within 500m of any water body.
137. Confirmation of this on a plan is required and as such a detailed plan indicating
location, quantity, specification and maintenance requirements for compensation
and biodiversity enhancement measures will be secured by condition.
138. It is accepted that the proposal complies with NPF4 Policy 3 Biodiversity and
LDP2 Policy 41 Biodiversity subject to conditions.
Protected Areas
139. The proposed development site is not located within or immediately adjacent to
any designated nature conservation sites, including Special Protection Areas
(SPAs), Special Areas of Conservation (SACs), or Sites of Special Scientific
Interest (SSSIs). These designations are recognised as statutory nature

Page 26

conservation sites due to their ecological, habitat, or species importance. The
closest designated sites are listed below:
 River Tay SAC
 Kings Myre SSSI
140. As noted above, SEPA have no regulatory remit under PPC for any proposal
below 40,000 birds, however, they undertook a SCAIL (Simple Calculation of
Atmospheric Impact Limits), a screening tool used to predict whether emissions
from a proposed development are likely to cause harmful air quality impacts on
sensitive receptors, particularly designated ecological sites. The SCAIL screening
identified potential exceedances at a number of nearby designated ecological
sites. SEPA has advised that further consultation with NatureScot may be
appropriate in order to consider these results and any potential implications in
more detail.
141. NatureScot were subsequently consulted and advised that based on the SEPA
data, Cairnleith Moss SSSI and Dunkeld-Blairgowrie Lochs SAC were excluded
from further consideration as they are nearly 4km and 8km, respectively, from the
proposed development and as such have been assessed as not being
significantly affected by the proposed development.
142. In respect of the River Tay SAC, which is located approximately 1km from the
proposed development, the presence of intervening arable farmland and riparian
woodland provides an effective buffer. Having regard to this separation distance
and intervening land uses, the SAC has been assessed as not being significantly
affected by the proposed development.
143. Kings Myre SSSI is the closest designated site to the proposed development,
located approximately 0.83km to the north-west. Although it records the highest
predicted environmental concentration of the sites assessed, this does not fall
within a range that would be expected to result in a detrimental impact on the
qualifying feature, namely open water transition fen. Dense woodland begins
approximately 0.28km from the site and extends over the remaining distance to
the SSSI, providing an effective buffer.
144. With the exception of an area to the west, the SSSI is largely surrounded by
woodland classified as ancient woodland, which is unlikely to be subject to future
clearance and can therefore be regarded as a permanent buffer.
NPF4 Policy 6 and LDP2 Policy 40: Forestry, Woodland and Trees
Trees
145. NPF4 Policy 6 and LDP2 Policy 40: Forestry, Woodland and Trees are the key
policies to be applied in the assessment of effects on trees and forestry. The
Council will apply the principles of the Scottish Government Policy on Control of
Woodland Removal and there will be a presumption in favour of protecting

Page 27

woodland resources. Where the loss of woodland is unavoidable, mitigation
measures in the form of compensatory planting will be required.
146. The proposal includes the removal of a limited number of trees and a section of
hedgerow, including a Category B beech hedge and a small number of Category
C trees, comprising coniferous and broadleaf species.
147. The Council’s Planning Enforcement Officer (Trees) has been consulted and has
raised no objection to the proposed removal of trees and hedgerow, subject to
the provision of a robust replacement planting scheme. The submitted
arboricultural information supports the use of native tree and shrub species,
including hazel, hawthorn, spindle, honeysuckle, crab apple, sessile oak,
common oak, rowan and guelder rose, together with native hedging species such
as hawthorn, hazel, holly and blackthorn. However, the submitted landscape
framework plan lacks detail in respect of ground conditions, drainage, pre-
planting preparation, vegetation control, stock size and numbers, planting density
and arrangement, planting and protection methods, staking, and future aftercare
and management. In addition, the proposal does not currently include provision
for new hedging. These matters can, however, be appropriately addressed and
secured through suitably worded planning conditions.
148. The relevant consultees, SEPA, NatureScot, PKC Biodiversity Officer and PKC
Enforcement Officer (Trees) have no objection to the proposal subject to
conditions as referenced above. It is considered that the supporting documents
satisfies the requirement for an evidence-led approach to the assessment of
potential impact upon the Natural Environment. Appropriate information has been
submitted in support of the application. Accordingly, subject to the recommended
conditions, the Planning Authority is satisfied that the proposal complies with
development plan policies as noted above.
Prime Agricultural Land
149. NPF4 Policy 5: Soils and LDP2 Policy 50: Prime Agricultural Land are the key
policies to be applied in the assessment of development proposals on prime
agricultural land which seek to safeguard prime agricultural land as a valuable
resource, whilst allowing for limited development where there is a clear
operational or locational need, no reasonable alternative site, and where impacts
are minimised and justified within the context of a sustainable rural economy.
150. The majority of the land is designated as Class 3.1 prime agricultural land, with a
small area of Class 2 prime agricultural land also present. Both classifications fall
within the definition of prime agricultural land.
151. Policy 50 sets out that development outwith settlements shall not be permitted on
prime agricultural land, unless necessary to meet a specific need such as: a
major infrastructure proposal, and that there is no other suitable site available on
non-prime land.  It further specifies that small scale development directly linked
to rural business may be acceptable on prime agricultural land, providing it is

Page 28

compatible with all other aspects of the policy framework of the Plan and it does
not adversely affect the viability of the agricultural unit.
152. All land surrounding the site is identified as Class 3.1 prime agricultural land,
therefore, there is no other suitable non-prime land adjoining the site which could
be considered as an alternative extension to the site chosen.  The reasons for
selecting the location are clearly set out in supporting documents and considered
reasonable. The area of prime land proposed for development is considered
small scale when compared to the extent of remaining prime land available in this
location and the proposal is linked to a rural business.
153. The proposed development of prime agricultural land is technically contrary to
this policy however a departure is justified because the additional land take is
acceptable in the context of the surrounding area, and taking into account that
the proposal is a necessary repurposing of an existing facility it is considered to
be justified that there is a specific locational need to include the additional land
(that is prime agricultural land) in the application site.
154. The NPF contains a similarly aligned policy 5 that provides for departures for
development proposals on prime agricultural land where it is for ‘…essential
infrastructure and there is a specific locational need and no other suitable site…’
where the layout and design of the proposal minimises the amount of protected
land that is required.
155. Overall, the loss of this prime agricultural land has been limited and considered
acceptable, when balanced against the wider benefits of the proposed
development and as such complies with Policy 50 of LDP2 and Policy 5 of NPF4.
Sustainability
156. LDP2 Policy 32 requires proposals for new buildings to demonstrate that at least
10% of the current carbon reduction emissions will be met though the installation
and operation of zero and low-carbon generating technology. As this proposal
includes the erection of new buildings, 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. The
specific requirements of Policy 32 have not been formally addressed in terms of
the 10% requirement for the deployment of Low and Zero Carbon Generating
Technology in New Development (LZCGT). As required under Policy 32 the
applicant will need to demonstrate compliance in terms of what LZCGTs will be
deployed. As such a condition shall be imposed to ensure this requirement is
met.
Developer Contributions
157. The proposed site is located out with any area where financial contributions
towards roads infrastructure is required. As such, the Developer Contributions

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Supplementary Guidance is not applicable to this application and therefore no
contributions are required in this instance.
Socio-economic Impacts
158. NPF4 Policy 25 promotes development that contributes to community wealth
building, including local employment opportunities, use of local supply chains,
and support for local and regional economic priorities. The proposed
development would create temporary construction employment and a number
of permanent operational roles, which is recognised as offering positive socio-
economic benefits at a local level.
159. However, consistent with established practice, the planning system has limited
ability to secure or control community wealth building outcomes such as local
labour content, procurement choices or long-term economic distribution through
planning conditions or legal agreements. As such, while the anticipated
employment and economic activity associated with the proposal are material
considerations, they can only be afforded limited weight—either positive or
negative—in the determination of the application.
160. The proposed development is supported with limited economic information that
would allow for a detailed assessment of its socio-economic impact. It is,
however, anticipated that employment opportunities during the construction
phase will be significant, albeit temporary. Additionally, the proposed
development will create employment opportunities for the local community and
secondly employment in haulage and the agricultural supply chain. As such the
impact of the proposal on the rural economy at this location is considered to be
significantly positive.
Planning Obligations and Legal Agreements
161. None required.
Direction By Scottish Ministers
162. 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
163. To conclude, while the proposal represents a minor departure from the
Development Plan, it is considered to broadly comply with the aims and
objectives of NPF4 and the adopted Perth and Kinross Local Development Plan
2 (2019). Having taken account of all relevant material considerations, it is
concluded that these considerations are sufficient to justify the departure in this
particular case and that no material factors have been identified which would

Page 30

warrant refusal. Accordingly, the proposal is recommended for approval, subject
to the following conditions.
Recommendation 
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. For the avoidance of doubt, this permission includes a replacement farmhouse.
Prior to the occupation of the new farmhouse, the existing farmhouse shall be
demolished and the site on which it lies shall be cleared, reinstated and finished
in accordance with the approved plans.
Reason - In order to clarify the terms of this planning permission.
Contamination
3. 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 contamination of the site as a result
of its former use.

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Residential Amenity
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 residential amenity of the area.
5. 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 order to safeguard the residential amenity of the area.
6. Servicing of and deliveries to the premises shall be carried out between 0800
and 1800 daily.
Reason - In order to safeguard the residential amenity of the area.
7. Should any aspect of the development result in a verified noise complaint
determined by the Council as Planning Authority in consultation with
Environmental Health, within 14 days of written request by the Council as
Planning Authority, the applicant shall arrange for a Noise Impact Assessment
(NIA) by a suitably qualified noise consultant with the scope and timescale
submitted to and agreed in writing with the Council as Planning Authority in
consultation with Environmental Health. Thereafter any agreed mitigation
measures shall be implemented to ameliorate the nuisance.
Reason - In order to safeguard the residential amenity of the area.
8. The approved Odour Management Plan (document no. 24), shall be
implemented in full and be strictly adhered to throughout the operational stage of
the development to ensure that residential amenity of neighbouring properties is
not affected by odour as a consequence of and/or in relation to, the operation of
the poultry units.
Reason - In order to safeguard the residential amenity of the area.
9. Should any aspect of the development result in a verified odour complaint
determined by the Council as Planning Authority in consultation with
Environmental Health, within 14 days of written request by the Council as
Planning Authority, the applicant shall arrange for an Odour Impact Assessment
(OIA) to be carried out by a suitably qualified consultant.  The OIA findings shall
be submitted for the written approval of the Council as Planning Authority, in
consultation with Environmental Health and must draw conclusions and make
recommendations as necessary.  Thereafter any necessary measures to

Page 32

ameliorate the odour nuisance should be put in place, and a new or revised
Operational Management Plan must be submitted to the Council within a
specified agreed timescale.
Reason - In order to safeguard the residential amenity of the area.
10. 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.
Roads and Access
11. 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 Plan (CTMP) 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) monitoring, reporting and implementation arrangements;
n) arrangements for dealing with non-compliance; and
o) details of HGV movements to and from the site.

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The CTMP as approved shall be strictly adhered to during the entire site
construction programme.
Reason - In the interest of proper site management.
12. Prior to commencement of development, a detailed design for the proposed new
vehicular access junction, and the stopping up of the existing junction, shall be
submitted to and agreed in writing by the Planning Authority in consultation with
the Roads Authority.  The vehicular access, as approved in writing, shall be
implemented in accordance with the approved details prior to the development
being brought into use or occupied.
Reason - In the interests of road safety; to ensure an acceptable standard of
construction within the public road boundary.
13. Prior to the commencement of the development hereby approved, full visibility
splays of 215 metres along the channel line shall be provided to the North East
and South West 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. 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.
14. No part of the development shall be occupied until a Staff Travel Plan (STP),
aimed to encourage more sustainable means of travel, has been submitted and
approved in writing by the Council. The STP 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, the system of management,
monitoring, review, reporting and the duration of the plan.
Reason - To promote sustainable transport options and to meet advice within
National Planning Framework 4.
15. Prior to the commencement of development, a scheme for a covered cycle bay
which stores a minimum of 9 bicycles, shall be submitted to the Council as
Planning Authority for written approval. Thereafter, the agreed scheme shall be  
implemented and operational prior to the occupation of the development, and
thereafter retained in a usable condition for the life of the development. 
Reason - To encourage active travel and meet advice within National Planning
Framework 4.

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16. Prior to the commencement of development, a plan shall be submitted for the
written approval of the Council as Planning Authority which shows a minimum of
2 accessible parking spaces.  Thereafter, the agreed scheme shall be
implemented prior to the occupation of the development and thereafter retained
in a usable condition for the life of the development.
Reason - To ensure that the development provides adequate accessible parking
in accordance with National Planning Framework 4.
Trees and Landscape
17. Prior to the commencement of the development hereby approved, a 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:
a) Details of the height and slopes of any mounding or recontouring of the site
including existing and proposed finished levels.
b) Details of existing ground conditions, drainage, pre-planting preparation,
vegetation control, stock size, stock numbers, stock density, planting
arrangement, planting method, protection methods from vermin, staking
methods, proposed aftercare and management.
c) Full details of all hard landscaping proposals including materials and
installation methods (including fences and gates).
d) Species, height, size and density of trees, shrubs, hedges, grassed areas
and water features to be planted. 
e) A schedule of planting to comprise species, plant sizes and proposed
numbers and density.
f) A programme for the implementation, completion and subsequent
management of both the proposed landscaping and any trees and
vegetation to be retained.
The Landscaping Scheme must include timescales for the implementation of the
works. All soft and hard landscaping proposals shall be carried out in accordance
with the approved planting scheme and management programme. Completion of
the landscaping scheme shall be supplied in writing to the Council as Planning
Authority within 7 days of that date. Any planting which, within a period of five
years from the completion of the development is dying, being severely damaged
or becoming seriously diseased, shall be replaced by plants of similar size and
species to those originally required to be planted. Once provided, all landscaping
works shall thereafter be permanently retained.
Reason - To ensure the implementation and management of a satisfactory
scheme of landscaping which will help to integrate the proposed development
into the local landscape in the interests of the visual amenity of the area.
18. Prior to the commencement of any works on site, all trees identified for retention
and any peripheral trees bounding the site, which may be affected by any
element of the approved development and its associated construction shall be
protected in full accordance with BS 5837: 2012 'Trees in relation to design,

Page 35

demolition and construction'.  Protection measures, once in place, shall remain in
place for the duration of construction.  If such protection measures are damaged
beyond effective functioning then works that may compromise the protection of
trees shall cease until the protection can be repaired or replaced with a
specification that shall provide a similar degree of protection.
Reason - To ensure a satisfactory standard of development and environmental
quality and to reserve the rights of the Planning Authority.
19. 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.
20. Prior to the commencement of development, full details of the proposed offsite
landscaping mitigation scheme (as shown on document no. 08), shall be
provided and agreed in writing by the Planning Authority. The scheme shall set
out the principles for mitigating any significant visual effects of the development
on surrounding receptors, including residential properties, recreational routes and
transport corridors.
The scheme shall include:
 Identification of planting opportunities based on land availability and
suitability;
 Phasing and indicative timing of planting, taking account of seasonal and
operational constraints;
 Details of maintenance and long-term management of the planting to ensure
effective establishment and retention;
 Full specification of planting proposals, including species mix (native where
appropriate), plant sizes, densities, and any seeding requirements for
grassland or wildflower areas.
The full offsite landscaping mitigation scheme shall thereafter be developed in
accordance with the agreed scheme and fully implemented thereafter.  Any
planting which, within a period of five years from the completion of the
development is dying, being severely damaged or becoming seriously diseased,
shall be replaced by plants of similar size and species to those originally required
to be planted.  Once provided, all landscaping works shall thereafter be
permanently retained
The full offsite landscape mitigation scheme shall be completed prior to the
occupation of the development, unless otherwise agreed in writing with the
Planning Authority.
Reason - To ensure that significant visual effects of the development are
mitigated as far as reasonably practicable through a timely and deliverable

Page 36

scheme of landscape mitigation, in the interests of protecting landscape and
visual amenity.
Biodiversity
21. Prior to the commencement of the development hereby approved, a detailed plan
indicating the location, quantity, specification and maintenance requirements for
compensation and biodiversity enhancement measures shall be submitted for the
further written agreement of the Council as Planning Authority.  It shall include:
a) three swallow nesting cups and three house martin nesting cups as
compensation
b) three house sparrow boxes as compensation
c) two barn owl boxes as compensation
d) Biodiversity enhancement measures over and above the measures required
for compensation in accordance with the 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.
Reason - In the interests of protecting environmental quality and of biodiversity.
22. An updated bat survey will be required prior to the commencement of works, if
works have not commenced within 24 months of the date of the bat 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 protecting environmental quality and of biodiversity.
23. The conclusions and recommended action points within the supporting
biodiversity surveys submitted and hereby approved (document nos. 28 and 39
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.
24. If works are to be undertaken during the bird breeding season, no works in
connection with the development hereby approved shall commence until such
time that a detailed check of the site for active barn owl nests has been
undertaken by a surveyor holding a NatureScot Schedule 1 Bird Survey Licence
and written confirmation has been submitted to the Planning Authority for written
agreement.  For the avoidance of doubt, the confirmation shall show that no birds
will be harmed and that there are appropriate measures in place to protect
nesting barn owls on the site.  The check shall be undertaken not less than 14
days before the commencement of the development and no site clearance or
other works in connection with the development hereby approved shall

Page 37

commence unless the written confirmation has been submitted to and approved
in writing by the Planning Authority.
Reason - In the interests of protecting environmental quality and of biodiversity.
25. Prior to the commencement of development hereby approved, a Construction
Environmental Management Plan (CEMP) shall be submitted and approved in
writing by the Council as Planning Authority.  The CEMP will remain a live
document with any working practices deemed to be having an adverse impact on
ecology or the environment will be the subject of a revision.  All revisions must be
submitted to the Planning Authority as soon as reasonably practicable for written
agreement.  Thereafter the development shall be fully undertaken in accordance
with the agreed CEMP.
Reason: In the interest of protecting environmental quality and of biodiversity. To
minimise any associated adverse landscape and visual impact of the above
ground elements and protect the character and visual amenity of the immediate
and surrounding countryside.
26. 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.
Drainage
27. 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.
28. Storm water drainage from all paved surfaces, including the access, shall be
disposed of by means of suitable a Sustainable Urban Drainage System to meet
the requirements of best management practices.
Reason - To ensure the provision of effective drainage for the site.

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Archaeology
29. Development shall not commence until the developer has secured the
implementation of an archaeological watching brief, to be carried out by an
archaeological organisation acceptable to the Council as Planning Authority,
during development work.  The retained archaeological organisation shall be
afforded access at all reasonable times and given time to undertake all required
monitoring works and permitted to record and recover items of interest and finds.
The developer will clearly communicate the development programme to their
archaeological organisation to ensure all necessary monitoring is covered by the
watching brief.  The name of archaeological organisation retained by the
developer shall be given to the Planning Authority and Perth and Kinross
Heritage Trust in writing not less than seven days before the commencement
date provided in the Notice of Initiation of Development.
Reason - To ensure archaeological monitoring is carried out to safeguard and
record any archaeological remains within the development area.
30. Development shall not commence until the developer has secured an
archaeological standing building survey, to be carried out by an independent and
suitably qualified archaeological organisation.  The scope of the archaeological
standing building survey will be set by the Council as Planning Authority, in
consultation with Perth and Kinross Heritage Trust.  The name of archaeological
organisation retained by the developer shall be given to the Council as Planning
Authority and PKHT in writing not less than fourteen days before the
commencement date provided in the Notice of Initiation of Development.  Copies
of the resulting survey shall be deposited in the National Record of the Historic
Environment and in the Perth and Kinross Historic Environment Record upon
completion of the survey.
Reason - To ensure an appropriate archaeological standing building survey is
carried out and the resulting survey is recorded properly.
Justification
The proposal is considered as a minor departure to the Development Plan as
there are material circumstances that would justify a departure from the relevant
Policy 50 of the LDP2.
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

Page 39

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. 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.
5. No work shall be commenced until an application for building warrant has been
submitted and approved.
6. 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.
7. The proposed demolition and/or building works likely to cause harm to bats
should not commence until the applicant has obtained the relevant licence issued
by NatureScot pursuant to Regulation 53 of The Conservation of Habitats and
Species Regulations 2010 authorizing the specified activity/development to go
ahead.

Page 40

8. 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.
9. The applicant should take note of the information and advice contained within the
consultation response from Scottish Water.
10. 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.
11. 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 Environmental Protection Agency.
12. 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. 
13. The applicant is advised that, in terms of Sections 109 of the New Roads and
Street Works Act 1991, he/she/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.
14. 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.
15. Further information on the need for and level of provision of Changing Places
Toilet Facilities can be found in Section 41B of the Town and Country Planning
(Scotland) Act 1997, the Town and Country Planning (Changing Places Toilet
Facilities) (Scotland) Regulations 2020 and the associated Circular 1/2020:
Changing Places Toilets Regulations.
16. The developer is advised to contact Sophie Nicol, Historic Environment Manager
(tel 01738 477027) Perth & Kinross Heritage Trust, to discuss terms of reference
for work required.

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Background Papers
Letters of representation 64
Authors
Name Designation Contact Details
Gillian Peebles Planning Officer (Majors) developmentmanagement@pkc.gov.uk
Approved
Name Designation Date
Sean Panton Team Leader (Major Applications
and Enforcement)
26 January 2026