Agenda Document Pack - Planning and Placemaking Committee - 11/02/2026
Perth and Kinross Council · 11 February 2026
Back to Planning and Placemaking Committee — 11 February 2026 and its agenda
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Ambition | Compassion | Integrity Our vision is for a Perth and Kinross where everyone can live life well, free from poverty and inequality Council Building 2 High Street Perth PH1 5PH 02/02/2026 A hybrid meeting of the Planning and Placemaking Committee will be held in the Council Chamber on Wednesday, 11 February 2026 at 09:30. If you have any queries please contact Democratic Services on (01738) 475000 or email Committee@pkc.gov.uk. THOMAS GLEN Chief Executive Those attending the meeting are requested to ensure that all notifications are silent on their device and other devices are in silent mode. Please note that the meeting will be broadcast online and recorded. The recording will be publicly available on the Council’s website following the meeting. Members: Councillor Ian Massie (Convener) Councillor Grant Stewart (Vice-Convener) Councillor Keith Allan Councillor Bob Brawn Councillor Dave Cuthbert Councillor Ken Harvey Councillor David Illingworth Councillor Ian James Bailie Claire McLaren Councillor Richard Watters Bailie Mike Williamson Page 1 of 188
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Planning and Placemaking Committee Wednesday, 11 February 2026 Agenda Members are reminded of their obligation to declare any financial or non- financial interest which they may have in any item on this agenda in accordance with the councillors’ code of conduct. 1 WELCOME AND APOLOGIES/SUBSTITUTES 2 DECLARATIONS OF INTEREST 3 MINUTE OF MEETING OF THE PLANNING AND PLACEMAKING COMMITTEE OF 7 JANUARY 2026 FOR APPROVAL (copy herewith) 5 - 34 4 DEPUTATIONS 5 APPLICATIONS FOR DETERMINATION 5(1) SECTION 36 CONSULTATIONS 5(1)(i) 25/01007/ECU36 - ERECTION OF 13 TURBINE WINDFARM AND ASSOCIATED WORKS - ECU00004782, LAND 6000 METRES SOUTH OF LONGFAULD, BLACKFORD, AUCHTERARDER, PH4 1QU Report of Handling by Development Management and Building Standards Service Manager (copy herewith 25/38) 35 - 78 5(2) MAJOR APPLICATIONS 5(2)(i) 25/00685/FLM - FORMATION OF EXTENSION TO EXISTING HOLIDAY PARK COMPRISING SITING OF 62 HOLIDAY ACCOMMODATION LODGES AND 6 HOLIDAY ACCOMMODATION GLAMPING PODS; ERECTION OF 4 HOLIDAY ACCOMMODATION CABINS AND 8 STILTED HOLIDAY ACCOMMODATION UNITS; ERECTION OF RANGERS' CLASSROOM AND A COVERED LEARNING STRUCTURE; ALTERATIONS TO RECEPTION BUILDING, 79 - 106 Page 3 of 188
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PIER, VEHICLE PARKING, FOOTPATHS AND ASSOCIATED WORKS (AS AMENDED), LOCH TAY HIGHLAND LODGES, KILLIN, FK21 8TY Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/39) 5(2)(ii) 25/00824/FLM - 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, LAND AT NEWBIGGING FARM, KINCLAVEN, STANLEY, PERTH Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/40) 107 - 152 5(3) LOCAL APPLICATIONS 5(3)(i) 25/00725/FLL - SITING OF CARAVAN FOR A TEMPORARY PERIOD (IN RETROSPECT), EQUINE UNLIMITED, DUNGARTHILL, DUNKELD, PH8 0JF Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/41) 153 - 168 6 PROPOSAL OF APPLICATION NOTICES (POAN) 6(i) 25/00016/PAN - RESIDENTIAL DEVELOPMENT COMPRISING FLATTED BLOCKS, INSTALLATION OF SUDS, LANDSCAPING AND ASSOCIATED WORKS, PERTH LEISURE POOL, GLASGOW ROAD, PERTH, PH2 0HZ Pre-Application Report by Development Management and Building Standards Service Manager (copy herewith 26/42) 169 - 178 6(ii) 25/00017/PAN - ERECTION OF RESIDENTIAL CARE FACILITY, COMMUNITY HUB, STAFF FACILITIES AND ASSOCIATED WORKS, PLAY AREA, PERTH LEISURE POOL, GLOVER STREET, PERTH Pre-Application Report by Development Management and Building Standards Service Manager (copy herewith 26/43) 179 - 188 Page 4 of 188
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DRAFT Planning and Placemaking Committee Minute of hybrid meeting of the Planning and Placemaking Committee held in the Council Chambers, 2 High Street, Perth, on Wednesday 7 January 2026 at 9.30am. Present: Councillors I Massie, G Stewart, K Allan, B Brawn, D Cuthbert, K Harvey D Illingworth, I James, W Robertson (substituting for Bailie C McLaren), Councillor R Watters, and Bailie M Williamson. In Attendance: L McLean, C Morilly, S Panton, L Reid, K Smith, and P Williamson (all Economy, Development and Planning); A Brown, C Elliott and M Pasternak (all Legal and Governance). Apologies: Bailie C McLaren. Councillor I Massie, Convener, Presiding. 1. Welcome and Apologies The Convener welcomed everyone present to the meeting and noted apologies as above. 2. Declarations of Interest There were no Declarations of Interest made in terms of the Councillors Code of Conduct. 3. Minutes The minute of meeting of the Planning and Placemaking Committee of 3 December 2025 was submitted and approved as a correct record. 4. Deputations In terms of Standing Order 13, the Committee agreed to hear deputations in relation to the following planning applications: Planning Application No. Item No. 25/00609/FLM 5(2)(i) 24/01857/FLL 5(3)(i) 25/00572/FLL 5(3)(ii) 25/01082/FLL 5(3)(iii) 25/01289/FLL 5(3)(v) 3 Page 5 of 188
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DRAFT 5. Applications For Determination (1) Section 36 Consultations (i) 25/00899/ECU36 - Construction of 19 wind turbines and associated infrastructure (Glen Lednock Wind Farm) ECU00004966, land 4800 metres north of St Serfs Church, Comrie, Crieff, PH6 2EA (Report No. 26/1) Resolved: Offer an objection for the following reason: 1. The proposal will bring about significant adverse effects on Loch Rannoch and Glen Lyon National Scenic Area to the extent that the overall integrity of the area will be compromised. While considerable weight is to be given to the contribution the proposed development could make in achieving renewable energy generation targets, this does not overcome the significant detrimental impact the proposal will have on a nationally important landscape designation. The proposal is therefore contrary to National Planning Framework 4 (2023) Policy 4 ‘Natural Places’, as well as the adopted Perth & Kinross Local Development Plan 2 (2019) Policies 33 ‘Renewable and Low Carbon Energy’ and 39 ‘Landscape’. (2) Major Applications (i) 25/00609/FLM - Erection of 83 affordable dwellinghouses and 20 affordable flats, associated infrastructure and landscaping, land 90 metres east of Westfields of Rattray, Balmoral Road, Rattray, Blairgowrie, PH10 7HY (Report No. 26/2) Mr Fawcus, agent, addressed the committee, and answered members questions. Resolved: Grant, subject to the following terms, conditions and informatives, including amendments circulated to members prior to the meeting and amend condition 16 to include the possibility of providing wheeled access; and subject to a possible voluntary contribution towards NHS infrastructure. Conditions General 1. This planning permission will last only for three years from the date of this decision notice unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. Page 6 of 188
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DRAFT 2. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at any time on Sundays. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality during the construction period Environmental Health 3. Dust mitigation measures as provided in the Air Quality Screening Assessment (AQSA) (document 60 relates) shall be incorporated into the Dust Management Plan contained within the submitted Construction Environmental Management Plan (CEMP), for the duration of the construction period. Reason - In the interest of protecting residential amenity. Biodiversity and Natural Environment 4. Prior to the commencement of any works on site, all trees on site (other than those marked for felling on the approved plans) and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the duration of construction Reason - In the interests of protecting environmental quality and of biodiversity. 5. Prior to the commencement of the development hereby approved, a detailed landscaping and planting scheme for the site, including the existing Drumlin, shall be submitted for the further written agreement of the Council as Planning Authority. The scheme shall include details of the species, height, size, location, density and maintenance regime of trees and shrubs to be planted, and should include further planting for the existing Drumlin, located in the centre of the site. The scheme shall include provision for replanting within 5 years should the proposed planting fail. The scheme must illustrate that adequate compensatory tree planting for lost trees will be achieved with at least 3 trees planted for every tree lost. The scheme, as subsequently approved, shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. Reason - In the interests of protecting environmental quality and of biodiversity. 6. Prior to works commencing, a revised Construction Method Statement/ Construction Environmental Management Plan outlining the measures to protect watercourse from the impact of pollution and sediment to Page 7 of 188
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DRAFT ensure no adverse effects shall be submitted and approved in writing by the Council as Planning Authority. Thereafter, the agreed scheme shall be adhered to for the entirety of the construction period. Reason - In the interests of protecting environmental quality and of biodiversity. 7. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document 52 relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development, and implemented in full. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 8. An updated ecology survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the ecology survey approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 9. Prior to the completion or occupation of the development hereby approved, whichever is the earlier, wildlife kerbs and amphibian ladders shall be installed adjacent to all road gullies within 500metres of a SUDS pond or watercourse. Thereafter, the kerbs shall be retained in a reasonable condition for the life of the development. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 10. Prior to the completion or occupation of the development hereby approved, all biodiversity enhancement measures listed within the submitted and hereby approved Site Biodiversity Action Plan (Revision C) (Doc No 115) shall be provided. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development. Reason - In the interests of protecting environmental quality and of biodiversity. 11. Prior to the commencement of any works on site, an independent and fully qualified Arboricultural Clerk of Works (ArbCow) shall be appointed at the developers' expense. Details of this appointment shall be subject to the prior written agreement of the Council as Planning Authority. The appointed person will remain in post for Page 8 of 188
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DRAFT the duration of the construction and shall have the responsibility of ensuring tree protection measures are implemented in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction, and tree protection measures are maintained secure at all times, and until completion of the development. In addition, the following is required; (a) The developer's appointed ArbCow to contact the local planning authority tree officer in order to arrange a prestart meeting to agree on site tree pruning works required to facilitate the development, but before commencement of development. (b) The developer's appointed ArbCow to contact the local planning authority tree officer to arrange a prestart meeting for inspection of all tree & ground protection measures, before commencement of development. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 12. Prior to the commencement of the development hereby approved, a revised species selection plan for the proposed shrub planting shall be submitted for the written agreement of the Council as Planning Authority. The scheme shall include details of the species, height, size and density of shrubs to be planted. The scheme, as subsequently approved, shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the planting scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme, as agreed, shall thereafter be implemented and maintained. Reason - To ensure a satisfactory standard of development and environmental quality and to ensure the satisfactory implementation of the revised shrub planting scheme. Roads and Transportation 13. Prior to the commencement of the development hereby approved, a Construction Traffic Management Scheme (TMS) shall be submitted for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; b) timing of construction traffic to minimise impact on local communities particularly at school start and Page 9 of 188
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DRAFT finishing times, on days when refuse collection is undertaken, on Sundays and during local events; c) a code of conduct for HGV drivers to allow for queuing traffic to pass; d) arrangements for liaison with the Roads Authority regarding winter maintenance; e) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; i) details of information signs to inform other road users of construction traffic; j) arrangements to ensure that access for emergency service vehicles are not impeded; k) co-ordination with other significant developments known to use roads affected by construction traffic; l) traffic arrangements in the immediate vicinity of temporary construction compounds; m) the provision and installation of traffic counters at the applicant's expense at locations to be agreed prior to the commencement of construction; n) monitoring, reporting and implementation arrangements; o) arrangements for dealing with non-compliance; and p) details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management. 14. No part of the development shall be occupied until a detailed Travel Plan (TP), aimed at encouraging more sustainable means of travel, has been submitted to and agreed in writing by the Council as Planning Authority. The TP will have particular regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided, any phasing, the system of management, monitoring, review, reporting and the duration of the Plan. The TP as agreed shall be fully implemented. Reason - To promote sustainable transport options and to meet advice within National Planning Framework on transport. Page 10 of 188
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DRAFT 15. Prior to the occupation of either plot 01, 02, 03, 04, 05, 06, 07 or 08, whichever is the earlier, the proposed footpath connection to the southeast of Plot 01, linking into the play park and shown on document 55 hereby approved, shall be fully implemented and provided in an asphalt. For the avoidance of doubt, the applicant shall agree and detail in advance of works commencing of the footpath connection, the intentions for the existing boundary feature, whether open access to the play park or gated access is to be provided. Reason - In the interest of sustainable transport. 16. Prior to the commencement of development, details of the proposed access to the southeast of Plot 17, linking into the BMX track as shown on document 56 hereby approved, shall be submitted to the Council as Planning Authority for written approval. The scheme shall show provision for inclusive access rather than just stepped, in addition to confirming the intentions for the existing boundary treatments and whether open access to the play park or gated access is to be provided. Thereafter, the agreed scheme shall be implemented prior to the occupation of either plot 17, 18, 19, 20 or 21, whichever is the earlier, and maintained in perpetuity for the life of the development. Reason - In the interest of sustainable transport. 17. Prior to the occupation of the first dwellinghouse or flat, the developer shall provide and install on appropriate hard stand asphalt areas, bus shelters on the A93 in a northbound and southbound direction on the A93 at a location to be agreed in writing with the Council as Planning Authority in consultation with Perth and Kinross Council’s Public Transport Unit. Each bus stop hard standing area shall be supplied with a 3 bay enclosed bus shelter (Cairngorm style) and installed with passenger information board, LED spotlights (one per bay), a 28in Ultra-Wide Display Screen for Real Time Passenger Information installed on the approach side of the shelter and a 24/7 electrical power supply to a Haldo pillar adjacent to the shelter to provide power for the LED lighting and Real Time Passenger Information display to be operational. The design, specification and operation shall agreed in writing by the Council as Planning Authority, in consultation with Perth & Kinross Council’s Public Transport Unit, prior to installation. In the event that it is not possible to installed on the A93, an alternative shall be agreed in writing with the Planning Authority. Reason - In the interest of sustainable travel. 18. Prior to commencement of any development on site, a detailed design showing the footway along Hatton Road from the site entrance in a southeasterly direction along the edge of the Common to a point directly opposite the Page 11 of 188
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DRAFT dropped kerb to the south of the property known as Lilybank, where a new footway shall be provided with a linked dropped kerb. The detailed shall be submitted to and approved in writing by the Planning Authority. The submission will confirm the width of the footway, position of the dropped kerb, position of the lighting columns and position of road signage. The approved footway shall thereafter be implemented in full, prior to the occupation of the first dwellinghouse or flat. Reason - In the interests of road, pedestrian safety and connectivity with the developments to the southern side of Hatton Road. Contamination 19. Development shall not commence on site until an evaluation for the potential of the site to be affected by contamination by a previous use has been undertaken and, as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been submitted for consideration and accepted by the Council as Planning Authority. If the preliminary risk assessment identifies the need for further assessment, an intrusive investigation shall be undertaken to identify; I. the nature, extent and type(s) of contamination on the site II. measures to treat/remove contamination to ensure the site is fit for the use proposed III. measures to deal with contamination during construction works IV. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason - In order to deal with any potential ground contamination as a result of the previous use. Flooding 20. Development shall not commence on site until a detailed sustainable urban drainage system (SUDS) has been submitted for the written agreement of the Council as Planning Authority, in consultation with SEPA where necessary. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council's Flood Risk and Flood Risk Assessments Developer Guidance, and shall incorporate source control. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the first dwellinghouse or flat Page 12 of 188
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DRAFT Reason - To ensure the provision of effective drainage for the site. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes Permission shall not to be issued until the Section 75 Agreement has been signed and registered to take account of this application. The legal agreement should be concluded and completed within 4 months of the date of any Committee approval. Failure to conclude a legal agreement within 4 months will result in the planning application being re-assessed through failing to comply with the associated developer contributions policy and may be ultimately recommended for refusal under delegated powers. A possible legal agreement for a voluntary contribution towards NHS infrastructure is also to be considered. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act which may result in enforcement action being taken. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. 3. This development will require the 'Display of notice while development is carried out', under Section 27C (1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. According to Regulation 41 the notice must be: Displayed in a prominent place at or in the vicinity of the site of the development Readily visible to the public Printed on durable material 4. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act 1984 they must obtain from the Page 13 of 188
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DRAFT Council as Roads Authority consent to construct a new road prior to the commencement of roadworks. 5. The applicant should be advised that in terms of Section 56 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority consent to open an existing road or footway prior to the commencement of works. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 6. Street lighting infrastructure present at the site, discussions must be had with the Street Lighting Partnership to obtain the locations of infrastructure and its relocation to facilitate the vehicle access. Contact Mark Gorrie at Perth & Kinross Council Street Lighting Department for further details. 7. Please consult the Street Naming and Numbering Officer, The Environment Service, Perth and Kinross Council, Pullar House, 35 Kinnoull Street, Perth PH1 5GD for a new postal address. The form is downloadable from www.pkc.gov.uk and should be returned to snn@pkc.gov.uk. 8. The applicant is advised that the detailed design of all SUDs shall conform to 'PKC Flooding and Flood Risk Guidance Document (June 2014)', or any subsequent update. 9. The applicant is advised that the granting of planning permission does not guarantee a connection to Scottish Water's assets. The applicant must make a separate application to Scottish Water Planning & Development Services team for permission to connect to the public wastewater system and/or water network and all their requirements must be fully adhered to. 10 No work shall be commenced until an application for building warrant has been submitted and approved. 11. The applicant is reminded that, should any protected species be present, a licence may be required from NatureScot to disturb a protected species. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are severe for non- compliance. 12. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended, it is an offence to remove, damage or destroy the nest of any wild birds while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this act. 13. The applicant is advised that refuse collection vehicles will only enter the site during construction phases where there is clear access and suitable turning; this means that Waste Services may not be able to provide a full kerbside recycling service to residents whilst the build is ongoing and bins may have to be emptied from a specified (and Page 14 of 188
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DRAFT agreed) collection point until full access is made available for refuse collection vehicles. The developer must contact the Community Waste Team to discuss bin collections as the site progresses. 14. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, they must obtain from the Council, to place, maintain or adjust apparatus in, or under a Road or remove apparatus from a road. Application forms are available at https://www.pkc.gov.uk/article/14916/Road-and-footway- permits. 15. The applicant can seek guidance on the detailed design and positioning of the cycle storage from Transport Scotland's Cycling by Design 2021 or similar design guide. 16. This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to trees and landscaping, roads and transportation, biodiversity / ecology and developer contributions. 17. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 18. The Air Source Heat Pumps shall be certificated in accordance with Microgeneration Certification Scheme 007 and installed by an installation company certificated in accordance with Microgeneration Installation Standard 3005 and in compliance with the calculation procedure contained in Table 2 of Microgeneration Certification Scheme Planning Standards (MCS 020), confirming that the permitted development noise limit of 42 dB LAeq,5 mins will be met. In addition, the Air Source Heat Pump shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. 19. The applicant is advised to refer to Perth & Kinross Council’s Supplementary guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to this development. 20. Existing buildings or structures may contain nesting birds between 1st March and 31st August inclusive. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning Page 15 of 188
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DRAFT permission for a development does not provide a defence against prosecution under this Act. 21. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. (The committee took a short recess) (3) Local Application (i) 24/01857/FLL - Erection of a dwellinghouse and associated works (revised proposal), land 40 metres east of Anemone, Balnaskeag, Kenmore, Aberfeldy, PH15 2HB (Report No. 26/3) Mr M Harvey (via telephone), agent, addressed the committee, and answered members questions. Resolved: Grant, subject to the following terms, amended conditions and informatives: Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. Prior to the commencement of the development hereby approved, details of the specification and colour of the proposed external finishing materials to be used shall be submitted to and agreed in writing by the Council as Planning Authority. The scheme as agreed shall be implemented prior to the occupation of the dwellinghouse. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. 3. Prior to the commencement of the development hereby approved, an updated landscaping and planting scheme for the site shall be submitted to and approved in writing by the Council as Planning Authority. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and installation Page 16 of 188
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DRAFT methods and, species, height, size and density of trees and shrubs to be planted. The scheme shall also detail a schedule of repairs to the roadside retaining wall along the north of the site with the A827 public road. The wall repairs as subsequently approved shall be carried out prior to the occupation of the dwellinghouse, whereas the approved landscape and planting details as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the occupation of the dwellinghouse, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained, with any planting which fails to become established within five years being replaced in the following planting season with others of a size and species as previously approved. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 4. Prior to the commencement of the development hereby approved, a Biodiversity Enhancement Plan shall be submitted to and approved in writing by the Council as Planning Authority, as informed by the submitted Ecology Report (Document 09 relates). Thereafter, the approved measures outlined in the plan shall be installed in accordance with the agreed details prior to the occupation of the dwellinghouse. Reason - In the interests of enhancing environmental quality and of biodiversity. 5. No development shall take place on site until a Construction Method Statement has been submitted to and approved in writing by the Council as Planning Authority. The Construction Method Statement shall outline the measures to protect watercourses and residential receptors from the impact of pollution, sediment and dust to ensure no adverse effects. The approved Construction Method Statement shall thereafter be implemented as part of the construction phase of the development. Reason - In the interests of protecting environmental quality and of biodiversity. 6. Prior to the commencement of development hereby approved, a scheme shall be submitted to, and approved in writing by, the Council as Planning Authority that demonstrates how at least 10% of the current carbon emissions reduction set by the Scottish Buildings Standards will be met through the installation and operation of low and zero-carbon technologies. This scheme shall detail the following: a) the technology types; Page 17 of 188
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DRAFT b) illustrate, through technical calculations, that these will meet at least the 10% reduction; c) their siting and location; and d) ongoing operation and maintenance. Once approved, the development shall be completed in accordance with the approved scheme. Reason - To ensure the proposal complies with LDP2 Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development. 7. Prior to commencement of any development on site, a detailed design for the extended culvert shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority, taking into account the requirement to ensure that a positive flow of water is maintained in the existing culvert and drainage ditch through the site. The extended culvert, as approved in writing, shall be implemented in accordance with the approved details and undertaken prior to the commencement of construction associated with this planning permission. Reason - To ensure an acceptable standard of construction for the culvert. 8. Prior to commencement of works, the street lighting design shall be approved by Perth & Kinross Council's Street Lighting Partnership. The Street lighting shall be in accordance with the standards required by the Council as Roads Authority. The type and standard of lighting shall be assessed using the zoning system outlined in 'The Institution of Lighting Engineers Guidance Notes for the Reduction of Light Pollution' and be agreed with the Council as Planning Authority. The agreed lighting scheme shall be implemented prior to occupation of the dwellinghouse and maintained in full accordance with the agreed scheme. Reason - In the interests of road safety. 9. Prior to the commencement of the development hereby approved, full visibility splays of 43 along the channel line shall be provided to the left and right of the access, at a set-back of 2.4 metres measured 1.05m above the road level to the standard and specification required by the Council as Roads Authority to the satisfaction of the Planning Authority. The visibility splays shall be physically formed on the ground and any existing fences, walls, hedges or other means of enclosure or obstructions within the splays shall be removed and relocated outwith the splays. Once formed, the visibility splays shall be permanently retained thereafter, and no visual obstruction of any kind shall be permitted within the visibility splays so formed. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. Page 18 of 188
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DRAFT 10. Prior to occupation of the dwellinghouse hereby approved, the vehicular access shall be formed in accordance with Perth & Kinross Council's Road Development Guide Type B Figure 5.6 access detail, of Type A Road construction detail. The Type A Road construction detail shall continue into the entrance for a distance of 5 metres from the boundary of the public road surface. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 11. Prior to the development hereby approved being completed or brought into use, the development shall be constructed so that no surface water or surfacing aggregate is discharged onto the public road. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 12. Any damage resulting from the development to the retaining wall along the north boundary of the site with the A827 public road shall be made good. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 13. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In the interests of protecting environmental quality and of biodiversity. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Page 19 of 188
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DRAFT Planning Authority written notice of that position. Please use the form attached herewith. 3. No work shall be commenced until an application for building warrant has been submitted and approved. 4. The applicant should be advised that in terms of Section 56 of the Roads (Scotland) Act 1984, they must obtain from the Council as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 5. The approved stove system shall be installed and thereafter operated and maintained in accordance with the manufacturer's recommendations, such that smoke odours are not exhausted into or escape into any neighbouring dwellings. Failure to do so may result in an investigation and possible action by Environmental Health under the Environmental Protection Act 1990. 6. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 7. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 8. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests 9. Please remember that the granting of planning permission, listed building consent or other associated consent by the Planning Authority does not affect the responsibility of the developer to ensure all other necessary permissions, consents and approvals are in place prior to commencement of works. Developers should also ensure appropriate accommodations are made in respect of services and third party infrastructure and may wish to check proposals against the information held at https://www.linesearchbeforeudig.co.uk/. 10. This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the design and siting of the proposal, and other supporting information relating to drainage, ecology and landscaping. Page 20 of 188
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DRAFT 11. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. (ii) 25/00572/FLL - Erection of 26 dwellinghouses, formation of road and footpath, installation of air source heat pumps, landscaping and associated works (revised proposal), land at Wester Tomaknock, Crieff (Report No. 26/4) Mrs D Champion, followed by Mrs P Campbell, objectors, addressed the committee, and answered members questions. Mr M Baxter, agent on behalf of the applicants, was available on the telephone to answer members questions. Resolved: Grant, subject to the following terms, amended conditions and informatives: Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. Within one month of this planning decision, the street lighting design shall be submitted to and agreed in writing by the Council as Planning Authority, in consultation with Perth & Kinross Council's Street Lighting Partnership for the public road network. The scheme shall include details of light spill, brightness of the lighting and the proposed hours of operation for both the public road network and the private areas, and timescales for delivery. The agreed lighting scheme shall be implemented to the agreed timescales and maintained in full accordance with the agreed scheme. Reason - In the interests of road safety. Page 21 of 188
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DRAFT 3. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; c) a code of conduct for HGV drivers to allow for queuing traffic to pass; d) arrangements for liaison with the Roads Authority regarding winter maintenance; e) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; i) details of information signs to inform other road users of construction traffic; j) arrangements to ensure that access for emergency service vehicles are not impeded; k) co-ordination with other significant developments known to use roads affected by construction traffic; l) traffic arrangements in the immediate vicinity of temporary construction compounds; m) the provision and installation of traffic counters at the applicant's expense at locations to be agreed prior to the commencement of construction; n) monitoring, reporting and implementation arrangements; o) arrangements for dealing with non-compliance; and p) details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management. 4. No part of the development shall be occupied until a Residential Travel Plan (RTP), aimed to encourage more sustainable means of travel, has been submitted to and Page 22 of 188
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DRAFT approved in writing by the Council. The RTP shall have particular regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided, the system of management, monitoring, review, reporting and the duration of the plan. The RTP shall be thereafter implemented for the approved duration. Reason - To promote sustainable transport options. 5. Within one month of this planning decision, an updated Construction Environmental Management Plan (CEMP) which is based on the approved CEMP from 21/02270/FLM (Document 31 of 21/02270/FLM) shall be submitted to and approved by the Planning Authority. The CEMP shall incorporate a Dust Management Plan and site-specific dust mitigation measures within the plan shall be informed by a Dust Risk Assessment undertaken in line with IAQM 'Assessment of dust from demolition and construction 2024 V2.2. Thereafter the development shall be fully undertaken in accordance with the approved CEMP unless otherwise agreed in writing by the Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 6. Within one month of this planning decision, revised boundary landscape drawings shall be submitted to and approved in writing by the Council as Planning Authority. The drawings shall include full boundary treatment and details of proposed retaining walls (with elevations). The approved details shall be implemented prior to the occupation of the relevant residential unit and thereafter maintained. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 7. Within one month of this planning decision, a detailed open space and private open space plan and open space landscaping delivery plan, which clearly sets out areas proposed for both public adoption and phased delivery, shall be submitted to and approved in writing by the Council as Planning Authority, in consultation with the Council's Community Greenspace Team. The agreed public landscaping elements shall thereafter be undertaken and delivered in line with the approved delivery plan and maintained. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 8. There shall be no land raising or the erection of solid boundaries within the 0.5% annual probability (AP) floodplain as shown on drawing number 13019/21/001A forming part of planning permission 16/02217/FLM. Page 23 of 188
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DRAFT Reason - In order to ensure that surface water arising from the development is adequately dealt with and that any sustainable urban drainage System (SUDS) does not increase flood risk elsewhere. 9. Within one month of this planning decision, a Biodiversity Enhancement Plan shall be submitted to and approved in writing by the Council as Planning Authority. Thereafter, the approved measures outlined in the plan shall be installed in accordance with the agreed details prior to the occupation of the relevant residential unit. Reason - In the interests of enhancing environmental quality and of biodiversity. 10. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day. Reason - In order to prevent animals from being trapped within any open excavations. 11. Prior to the completion or occupation of the development hereby approved, whichever is the earlier, wildlife kerbs shall be installed adjacent to all road gullies within 500metres of a SUDS pond or watercourse. Thereafter, the kerbs shall be retained in a reasonable condition for the life of the development. Reason - In the interests of protecting environmental quality and of biodiversity. 12. Construction work shall be limited to Monday to Friday 07:00hrs to 19:00hrs and Saturday 08:00hrs to 13:00hrs with no noisy works out with these times or at any time on Sundays. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 13. Prior to the commencement of any works on site, all trees on site (other than those marked for felling on the approved plans) and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the duration of construction. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 14. Where it is intended to create semi-natural habitats, all species used in the planting proposals detailed in the Page 24 of 188
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DRAFT approved plans shall be locally native species of local provenance unless otherwise agreed in writing with the Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 15. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar size, species and number. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes Permission shall not to be issued until the Minute of Variation Section 75 Agreement has been signed and registered to take account of this application. The legal agreement should be concluded and completed within 4 months of the date of any Committee approval. Failure to conclude a legal agreement within 4 months will result in the planning application being re- assessed through failing to comply with the associated developer contributions policy and may be ultimately recommended for refusal under delegated powers Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. No work shall be commenced until an application for building warrant has been submitted and approved. 4. The applicant should be advised that in terms of Section 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority consent to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought Page 25 of 188
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DRAFT at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 5. If the applicant is successful in gaining planning consent, they must apply for a Vehicle Access Consent before starting works on its formation. More information on the process can be found on the following website: https://www.pkc.gov.uk/vehicleaccess . Please note, that as planning permission has been applied for, currently no fee is required for the Vehicle Access Consent (VA1 form), please include the planning application number on your VA application form. 6. The developer must contact the Community Waste Team to discuss bin collections as the site progresses. Refuse collection vehicles will only enter the site during development where there is clear access, adequate turning, and a suitable road surface with no raised ironworks. This means that Waste Services may not be able to provide a full kerbside recycling service to residents whilst the build is ongoing, and bins may have to be emptied from a collection point, specified by the area Community Waste Adviser, until full access is made available for refuse collection vehicles. 7. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests 8. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 9. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 10. The Air Source Heat Pump shall be certificated in accordance with Microgeneration Certification Scheme 007 and installed by an installation company certificated in accordance with Microgeneration Installation Standard 3005 and in compliance with the calculation procedure contained in Table 2 of Microgeneration Certification Scheme Planning Standards (MCS 020), confirming that the permitted development noise limit of 42 dB LAeq,5 mins will be met. In addition, the Air Source Heat Pump shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows Page 26 of 188
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DRAFT slightly open, when measured and/ or calculated and plotted on a rating curve chart. 11. This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the number of proposed dwellinghouses and associated layout changes in the interests of placemaking. 12. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 13. Application for a new postal address should be made via the Street Naming and Numbering page on the Perth & Kinross Council website at www.pkc.gov.uk/snn. Please note there is a charge for this service and submission cannot be made until the relevant Building Warrant has been approved. 14. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. (iii) 25/01082/FLL - Erection of 6 industrial units (classes 4, 5 and 6), formation of parking area, installation of EV charging points, air source heat pump and associated works, 3 Macduff Place, Kinross, KY13 8FU (Report No. 26/5) Mr C Bruce (via telephone), agent on behalf of the applicant, addressed the committee, and answered members questions. Resolved: Page 27 of 188
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DRAFT Grant, subject to the following terms, conditions and informatives: Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The hours of operations shall be restricted to 0700 hours to 1900 hours daily. Reason - In order to safeguard the neighbouring residential amenity in the area. 3. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In order to safeguard the residential amenity of the area. 4. All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In order to safeguard the neighbouring residential amenity in the area. 5. Prior to the development hereby approved being completed or brought into use, the vehicular access shall be formed in accordance with Perth & Kinross Council's Road Development Guide. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 6. Prior to the development hereby approved being completed or brought into use, turning facilities shall be provided within the site to enable all vehicles to enter and leave in a forward-facing gear. Reason - In the interests of road safety; to ensure the provision of acceptable manoeuvring space within the curtilage of the site to enable a vehicle to enter and leave the site in forward gear. 7. The conclusions and recommended action points within the supporting biodiversity survey by Heritage Ecological Limited dated August 2025 submitted and hereby approved (document(s) 12; relates) shall be fully adhered to, respected and undertaken as part of the construction Page 28 of 188
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DRAFT phase of development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. No work shall be commenced until an application for building warrant has been submitted and approved. 4. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 5. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, he/she/they must obtain consent from the Council, to place, maintain or adjust apparatus in, or under a Road or remove apparatus from a road. Application forms are available at https://www.pkc.gov.uk/article/14916/Road-and-footway- permits. 6. This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the landscaping scheme. Page 29 of 188
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DRAFT (iv) 25/01217/FLL - Alterations, extension and subdivision of retail unit to form 2 retail units, 16-18 County Place, Perth, PH2 8EE (Report No. 26/6) Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. Prior to commencement of the development hereby approved, full details of the specification and methodology for alteration and repair of the shopfronts at Hospital Street and County Place shall be submitted in writing for further approval by the council as Planning Authority. The detail as agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason - in order to protect the character of the conservation area. 3. Servicing of and deliveries to the premises shall be carried out between 0700 and 1900 Monday to Saturday only, with no servicing or deliveries permitted on Sundays. Reason - In order to safeguard the neighbouring residential amenity in the area. 4. All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In order to safeguard the neighbouring residential amenity in the area. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on Page 30 of 188
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DRAFT which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. The applicant is advised to refer to Perth & Kinross Council’s Supplementary guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. 4. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 5. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 6. A commercial waste contract must be established for the retail units once it’s brought into use to ensure proper and compliant disposal, as waste generated by the units cannot be disposed of at any recycling centres, as these facilities are not authorised to accept commercial waste without payment. 7. An application for Building Warrant may be required. (v) 25/01289/FLL - Upgrading and widening of footpath, land 40 metres south west of The Pavilion, Ferry Road, Pitlochry, PH16 5DD (Report No. 26/7) Mr C Milne, objector, followed by Mr R Johnston, agent on behalf of the applicant, addressed the committee, and answered members questions. Councillor K Allan moved an Amendment to approve the application without the installation of a picnic bench. Having failed to secure a seconder, the Amendment fell. Resolved: Grant, subject to the following terms, amended conditions and informatives: Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Page 31 of 188
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DRAFT Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. Development shall not commence until a detailed Construction Method Statement (CMS) has been submitted to and approved in writing by the Council as Planning Authority. The CMS must identify measures to prevent harmful materials entering the River Tay SAC, which could reduce water quality and lead to a damaging impact on the salmon, otter and lamprey interests. The CMS should include the following: a. pollution prevention safeguards including surface water drainage arrangements and the possible use of siltation traps, settlement tanks and bunds b. storage and disposal of materials including the siting of stock piles, use of buffer strips and disposal methods c. construction site facilities including extent and location of construction site huts, vehicles, equipment, fuel, chemicals and materials compound d. timing, duration and phasing of construction particularly in relation to salmon and lamprey migration/spawning. e. measures to cater for waste water during construction The CMS and mitigations as agreed shall be fully implemented as part of the planning permission. Reason - In order to ensure the development does not impact negatively on the nearby Special Area of Conservation. 3. Prior to the commencement of any works on site, all trees on site and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the duration of construction. Reason - In the interests of protecting environmental quality and of biodiversity. 4. Prior to the commencement of the development hereby approved, the developer shall submit for the written agreement of the Council as Planning Authority, the specification and location of litter bins adjacent to the picnic table area and along the path route, together with a management plan for the arrangements to empty and manage said bins. Thereafter the scheme shall be carried out in complete accordance with the details as so agreed. Reason - In the interests of protecting environmental quality and neighbouring residential amenity. Page 32 of 188
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DRAFT Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the planning authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. Please use the form attached herewith. 3. The fee for the submission of this application for planning permission has been reduced as the development has the primary purpose of contribution to a not for profit enterprise or a social enterprise and is likely to contribute to improving the health of residents in the area. 4. The presence of protected species, and the extent to which they could be affected by the proposed development, should be established before works commence. Should protected species be identified within the site the developer should ensure that all appropriate measures required to comply with the relevant legislation are carried out. 5. Existing trees may contain nesting birds between 1st March and 31st August inclusive. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 6. Note that if there is any proposal to alter a route of an existing core path or right of way a further legal procedure is required. The granting of planning permission does not stop the continued right of public access along the existing core path or right of way. An order under the Town and Country Planning (Scotland) Act 1997, Section 208 or an amendment of the Core Path Plan under the Land Reform (Scotland) Act 2003 should be sought. 7. The applicant is advised to refer to Perth & Kinross Council’s Supplementary guidance on Flood Risk and Page 33 of 188
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DRAFT Flood Risk Assessments 2021 as it contains advice relevant to your development. Page 34 of 188
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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. 26/38) Proposal: Erection of 13 turbine windfarm and associated works - ECU00004782 Location: Land 6000 metres south of Longfauld, Blackford, Auchterarder, PH4 1QU Ref. No: 25/01007/ECU36 Ward No: P7- Strathallan Summary Perth and Kinross Council has been consulted by the Scottish Government’s Energy Consents Unit (ECU) on the proposed Windburn Wind Farm. The findings of this report recommends that the Council do not object to the proposal. Background and Description of Proposal 1 The purpose of the report is to make members aware of the relevant planning considerations relating to the proposed development. Following consideration of these matters the Council must advise the Scottish Government whether it objects to the application or not. 2 The site covers an area of 1474 hectares and is located in the Ochil Hills on a side adjacent to the operational Burnfoot Hill and Rhodders wind farm cluster. The site straddles the boundary of Perth and Kinross Council and Clackmannanshire Council. Access to the site is proposed to be taken from the A9, traveling south west along the C468/Sheriffmuir road, and then turning off, at Carim Lodge, onto a purpose built site access track. 3 The proposed development comprises: 13 wind turbines with blade tip heights of 149.9m with a combined rated output in the region of approximately 65MW. Turbine foundations and crane pads Approximately 3.76km of upgraded road (Sheriffmuir Road widened from approximately 3.5m to 6m); 5(1)(i) Page 35 of 188
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approximately 14.54km of new access tracks with a typical running width of 6m, (wider at bends and junctions) and associated drainage; 1.68km of the new track is anticipated to be floating track where consistent (30m distance or more) peat depths of over 0.5m or greater are identified along with shallow topography Approximately 15.74km of underground cabling along access tracks to connect the turbine locations, and the onsite electrical substation One onsite substation which would accommodate 33kV Switchgear to collect electricity from different parts of the site. The substation compound would have an area of 100m x 75m and would include a control and metering building (approximately 16m x 30m and 8m high), as well as up to 35MW of battery storage (battery units measuring approximately 12m (l) x 5m (w) x 4m (h) with ancillary equipment such as inverters). Up to two borrow pits (covering approximately 0.89ha or 8,900m2) Three temporary construction compounds (covering approximately 1.78ha or 10,780m2) 4 The site access from the A9, the substation compound, a temporary construction compound, five of the turbines and one borrow pit will be located within PKC. The remainder will be in Clackmannanshire. 5 The proposed development has been designed with an operational life of up to 40 years, at the end of which it would be decommissioned, or an application may be submitted to repower the site. Site History 6 23/00009/CONSUL - (ECU ref: ECU00004782) on 28 February 2023, The Scottish Ministers, following consultation with PKC and other relevant bodies, adopted a scoping opinion setting out the scope of the matters to be considered within the EIA Report to be submitted alongside the application for a proposed Windburn Wind Farm development. Environmental Impact Assessment 7 The proposal is an EIA development and an EIA Report has been submitted. An assessment of the report’s findings and significant environmental effects is provided in the appraisal section below. Pre-Application Consultation 8 The proposed development is classed as a National Development within NPF4, as provided for in Section 3A of the Town and Country Planning (Scotland) Act 1997 (as amended). However, unlike other National Development proposals, applications made under Section 36 of The Electricity Act 1989 are not subject to mandatory pre-application consultation engagement requirements. Page 36 of 188
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9 Nevertheless, in accordance with the procedures set out in the Scottish Government’s Energy Consents Unit: Good Practice Guidance for Applications under Section 36 and 37 of the Electricity Act 1989 (February 2022) and the Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021, a programme of pre-application community engagement has been undertaken by the applicant. 10 Consultation activity included: The creation of a dedicated project website to allow people to view details about the proposed development and contact the project team for further information (https://windburnwindfarm.co.uk/.). A series of meetings with and presentations to representatives of community councils, local interest groups and community development trusts. Email consultations updates and/or individual meetings with local elected representatives for the Strathallan Ward, and the MP and MSP representatives for the area. An initial round of public exhibitions were held on 20th and 22nd June at community venues in Blackford and Braco. A second round of exhibitions were held from 13th – 16th November and included community venues in Braco and Blackford. Dunning and Milnathort. These exhibitions were advertised in The Courier and the Strathallan Times (digital only). Posters and leaflets were also distributed locally. Development Plan 11. The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance. National Planning Framework 4 12 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve people’s lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 13 The Council’s assessment of this application has considered the following policies of NPF4: Policy 1: Tackling the Climate and Nature Crises Policy 2: Climate Mitigation and Adaptation Policy 3: Biodiversity Policy 4: Natural Places Policy 5: Soils Policy 6: Forestry, Woodland and Trees Policy 7: Historic Assets and Places Page 37 of 188
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Policy 11: Energy Policy 13: Sustainable Transport Policy 22: Flood Risk and Water Management Perth and Kinross Local Development Plan 2019 14 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 15 The principal relevant policies are, in summary: Policy 1A: Placemaking Policy 1B: Placemaking Policy 2: Design Statements Policy 15: Public Access Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments Policy 26B: Scheduled Monuments and Archaeology: Archaeology Policy 29: Garden and Designed Landscapes Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy Policy 33D: Renewable and Low Carbon Energy: Spatial Framework for Wind Energy Policy 38A: Environment and Conservation: International Nature Conservation Sites Policy 38B: Environment and Conservation: National Designations Policy 38C: Environment and Conservation: Local Designations Policy 39: Landscape Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity Policy 51: Soils Policy 52: New Development and Flooding Policy 53A: Water Environment and Drainage: Water Environment Policy 53A: Water Environment and Drainage: Surface Water Drainage Policy 53D: Water Environment and Drainage: Reinstatement of Natural Watercourses Policy 53E: Water Environment and Drainage: Water Supply Policy 55: Nuisance from Artificial Light and Light Pollution Policy 56: Noise Pollution Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Page 38 of 188
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Statutory Supplementary Guidance 16 Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Landscape (adopted in 2020) PKC Non Statutory Guidance 17 Planning Guidance - Planning & Biodiversity Supplementary Guidance - Renewable & Low Carbon Energy (draft) Consultations 18 As part of the planning application process the following bodies were consulted: 19 Perth and Kinross Heritage Trust: No objection. It is recommended that a condition is imposed requiring that a programme of archaeological work is undertaken pre-construction phase and fully implemented thereafter. 20 Biodiversity: No objection. Conditions are recommended to secure a CEMP, including measures to mitigate impacts of lighting on nocturnal species, a revised Habitat Management Plan including clarity of measures provided for biodiversity compensation and enhancement, details of monitoring arrangements and details of an Ecological Clerk of Works (ECOW). 21 Dick Bowdler (Noise Consultant): Conditions to be adopted are the Standard Onshore Wind Conditions of 25 February 2025 published by Scottish Government. The noise limit should be a single figure of 35dB measured as LA90 and applied at all times and in all wind conditions. Conditions will also be required for the BESS and the sub-station based on BS4142. 22 Conservation Team: No objections. Content with the approach to designated built heritage assets within the PKC area set out in the Cultural Heritage section (Chapter 11) of the EIA report, and the conclusion that the potential impact on Braco Garden and De-signed Landscape would result in a very minor adverse significance of effect. 23 Environmental Health (Contaminated Land): No objection. 24 Environmental Health (Noise Odour): No objection. Conditions are recommended to ensure that noise and vibration from the construction phase, including times of operation, are controlled via the CEMP. The CEMP should include a Dust Management Plan. 25 Environmental Health (Private Water): No objection, subject to the submission of a Water Management Plan which should include full details of the sources, infrastructure, including treatment, and properties served by private water supplies arising within, or likely to be affected by the development. Page 39 of 188
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26 Structures and Flooding: No objection, subject to a condition requiring ongoing environmental monitoring via the CEMP. 27 Transportation and Development: No objection, subject to conditions on a Construction Traffic Management Scheme (TMS), a detailed design showing the works to facilitate the upgrade of the site access from the A9 and a maintenance agreement Additional Statements Screening Opinion EIA required Environmental Impact Assessment (EIA): Environmental Report Submitted Appropriate Assessment under Habitats Regulations Any required Habitats Regulations Appraisal will be for the ECU Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment PAC Report Planning Statement Design and Access Statement EIA Report covering the following: − Site Assessment − LVIA − Ecology − Ornithology − Hydrology, Geology and Hydrogeology − Cultural Heritage and Archaeology − Traffic and Transport − Socio-economics, Tourism, Recreation and Land Use − Other Issues − Schedule of Commitments Appraisal 28 Schedule 8 to Section 36 of the Electricity Act 1989 requires the Scottish Government, as the appropriate authority, to serve notice of the application on the Council as the relevant planning authority. There is no primacy of the Development Plan for S.36 applications. However, the Council are required to consider the proposal in accordance with the provisions of the Development Plan, as a material consideration. 29 The Development Plan comprises National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2019 (LDP2). The relevant policy considerations are outlined in the policy section above and are considered in Page 40 of 188
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more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. 30 NPF4 identifies ‘Strategic Renewable Electricity Generation and Transmission Infra-structure’ as a National Development. The National Development explicitly supports renewable electricity generation, which generates above 50 megawatts capacity which is applicable in this case. The policy intent of NPF4 Policy 11: Energy is to ‘encourage, promote and facilitate all forms of renewable energy development onshore and offshore’...including energy generation and storage. Policy 11a also provides support for all forms of renewable, low carbon energy including: (i) wind farms, (iii) energy storage, and (vii) co-location. 31 Co-location of battery energy storage system with wind farm developments is supported in principle. 32 NPF4 highlights the importance of enabling developments that contribute towards greenhouse gas emissions reduction targets and wider national commitments to tackle the climate crisis. The proposed wind turbines would have an anticipated nominal capacity of approximately 65MW plus an additional 35MW for the BESS. The annual generation from the wind turbines is therefore estimated at approximately 227,760 Megawatt hours (MWh). 33 The predicted potential savings in CO2 emissions due to the proposed development replacing other electricity sources over the lifetime of the wind turbines (assumed to be 40 years for the purpose of the carbon calculator) are approximately: 215,233 tonnes of CO2 per year over coal-fired electricity (approximately 8.6 million tonnes assuming a 40 year lifetime for the purposes of the carbon calculator); 47,146 tonnes of CO2 per year over grid-mix of electricity (approximately 1.8 million tonnes assuming a 40 year lifetime for the purposes of the carbon calculator); and 99,531 tonnes of CO2 per year over a fossil fuel mix of electricity (3.9 million tonnes assuming a 40 year lifetime for the purposes of the carbon calculator). 34 The proposal is anticipated to provide enough electricity to power the equivalent of 70,317 households per annum. 35 Schedule 9 of the Electricity Act 1989 requires licence holders to “have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest” and “shall do what he reasonably can to mitigate any effect”. Page 41 of 188
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36 The provided Planning Statement focuses on addressing compliance with NPF4, mainly through Policy 11 but with acknowledgment of further context via other identified policies 1, 2, 3, 4, 7 and 22. 37 The document also recognises that LDP2 is to be considered with Policy 33: Renewable and Low Carbon Energy identified as the main policy against which to assess the proposed development. The wide range of impacts described within Policy 33 are considered sufficient for the assessment of the development. The Planning Statement summarises how the application addresses the different aspects of Policy 33, either by referencing specific chapters within the EIA report or through the detailed exploration of NPF4 Policy 11. Other policies within LDP2 are also included as considered relevant for the determination of the application. 38 The specific considerations in LDP2 Policy 39: Landscape are also relevant and should be taken into account. However, it is accepted that NPF4 Policy 11 supersedes LDP2 Policy 39 where they are incompatible. Landscape and Visual 39 Table 7.1 contained within the Planning Statement refers to the assessment of landscape impacts of the development against NPF4 Policy 11, while table 7.2 considers NPF4 Policy 4 for Special Landscape Areas (SLAs). It considers the design of the development has limited impact on local and regional landscapes. 40 The LVIA (Chapter 7, volume 2 of the EIAR) assesses the impact of the development on two Local Landscape Areas (LLAs) located within a 15km radius. A summary of scoping is shown below: Ochil Hills LLA: With the development taking place within the boundary of the LLA, the impact on its landscape has been fully assessed. Upper Strathearn LLA: due to the distance to the development and the limited visibility due to screening and filtering caused by natural features, the LLA has not been assessed further. 41 The document also assesses landscape and visual impacts on National Scenic Areas (NSAs). The River Earn (Comrie to St Fillans) NSA is approximately 20km northwest of the development but excluded from the assessment. While the analysis of Zone of Theoretical Visibility (ZTV) (figure 7.5b) suggests that parts of the NSA will be in the visibility area of 11-13 blade tips, the applicant considers that the distance to the development makes impacts on the special qualities of the NSA to be unlikely. 42 Due to the distance to the proposed developments, the Wild Land Areas (WLAs) of Ben Lawers and Lyon-Lochay have been scoped out. Page 42 of 188
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43 The Planning Assessment considers the impact to local landscapes is outweighed by social and economic benefits of the Proposed Development, creating a positive assessment against NPF4 Policy 11. 44 NPF Policy 11(e) states that project design and mitigation needs to demonstrate how they address impacts on “significant landscape and visual impacts, recognising that such impacts are to be expected for some forms of renewable energy. Where impacts are localised and/ or appropriate design mitigation has been applied, they will generally be considered to be acceptable”. 45 The design of the proposed development has evolved, taking into account input gathered through pre-application process. The chosen layout is stated to respect the form of the under-lying landscape and its scale. The document claims this design has been optimised with regards to landscape and visual amenity as far as possible, on balance with other environmental constraints, technical constraints and commercial viability. 46 The design has been adjusted since scoping to reduce its impact on landscape and other features. This includes the reduction in the tip height from 180m to 149.9m, allowing the avoidance of visible aviation lighting. 47 The assessment of the resulting development has identified that the development has the potential to cause effects on: (in brackets, magnitude of change and significance of effect on primary assessment) The physical landscape of the site (high and major / significant) Landscape character of the following Landscape Character Types (LCT) (different degrees of impact) within the territory of Perth and Kinross: LCT 382 Lowland Hill Ranges (high and major / significant within 5km, medium and moderate / significant between 5 and 10km) LCT 384 Broad Valley Lowlands Tayside (medium and moderate / significant within 10km, low and minor / not significant for the remaining parts of the LCT) LCT 380 Lowland Hills Tayside (Unit 2, Ben More/Ben Vorlich) Landscape character of the following Landscape Designations Ochil Hills LLA (medium and moderate/significant) Core paths within 5km of the proposed development, including: BLFD/1 (part of the Scotways Tillicoultry to Blackford Hill Track HP353) BLFD113 BLFD118 Cumulative landscape and visual effects (including combined, successive and sequential visual effects). 48 The scoping exercise concluded that a series of receptors could be excluded from the assessment due to distance, lack of visibility or screening / filtering. The following elements are within Perth and Kinross and within the study area for the LVIA, but have been scoped out of the study: Page 43 of 188
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LCT 390 Lowland Basins Upper Strathearn LLA River Earn (Comrie to St Fillans) NSA Recreational routes AUCH53 and AUCH 113 (part of the Scotways Tillicoultry to Blackford Hill Track HP353 / Right of Way TP193 Visual receptors within the settlements of Aberuthven, Blackford and Muthil 49 While the content of the application focuses on the integrity of designated areas, the text of NPF4 policy 4(d) also aims to protect the quality of these designations. Some Special landscape Qualities (SLQs) are expected to suffer significant impact, which should be noted as an undesirable outcome of the Development in accordance to national policy. 50 The applicant states that the impact on the ‘relatively wild and tranquil’ quality of the Ochil Hills LLA would be of medium magnitude and moderate (significant) effect within 5km of the development. Beyond that point, the scale of change would reduce to small. These impacts are presented as local in all cases. The summary of effects on special landscape qualities is presented as an addition to the change that existing windfarms have previously caused in the local landscape. While the visual impact of the proposed development is recognised as an intensification of the influence of wind farm developments on the designated areas, these landscapes are described as already physically and/or perceptually altered by the operational group of turbines adjacent to the site. 51 The assessment of cumulative impact scenarios 1 (operational and consented) and 2 (operational, consented and proposed) are built around a similar premise. With a number of wind farm developments already present, the proposed project is seen as an enlargement with relatively low additional impact on local landscapes. 52 The assessment of visual and landscape amenity for selected viewpoints includes seven locations within Perth and Kinross. Five of these are considered of high sensitivity, with two (viewpoints 3 Innerdownie and 7 Braco) exposed to medium and moderate (significant) effects for the primary assessment as well as scenarios 1 and 2. 53 The EIAR states impacts on LLAs are to take place within 5km from the proposed development, and 10km for assessed LCTs. The LVIA report excludes some high value locations on the basis of distance and/or screening and filtering. The documentation produced is deemed to provide sufficient reason to consider the impact on these locations less likely or severe. 54 It is acknowledged that wind farms by their nature will introduce visual impacts within the landscape that they are located. In this instance, the operational Burnfoot Hill and Rhodders wind farm cluster is located on an adjacent site and Green Knowes, Strathallan, Craighead and Brunt Hill are all within 15km. The cumulative landscape and visual impacts of operational, consented and Page 44 of 188
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proposed wind farms within a 40km study area have been assessed as part of the LVIA. 55 The introduction of the proposed development would intensify the existing influence of wind farm development within the designated Ochil Hills LLA and its special qualities, as well as the role it plays in providing a setting to the surrounding lowland landscapes. Within PKC this is most evident from the viewpoint at Innerdownie that was assessed as part of the LVIA, with all 13 of the turbines being theoretically visible. 56 However, the proposed development would be located within parts of the Ochil Hills LLA that are already physically and /or perceptually altered by the operational group of turbines adjacent to the site and more distant operational wind farms including Green Knowes. 57 Locally, the scale of landscape change on the Ochil Hills LLA is considered to be medium, over a small geographical extent within 5km of the proposed development, where both physical and perceptual effects would occur. Beyond 5km the scale of change would reduce to small as effects on the “relatively wild and tranquil” quality of the LLA would reduce with distance. In addition, at distances beyond 5km, theoretical visibility becomes more intermittent. 58 There will be some direct and localised effects on the landscape fabric of the Ochil Hills LLA and on landscape character. However, as the proposed development would be located in an area which is altered by existing wind turbines and would generally be seen as part of an existing wind farm group, its introduction is not judged to significantly alter the overall integrity of the local landscape designation. 59 The Scottish Government gives considerable commitment to renewable energy and encourages planning authorities to support the development of wind farms where they can operate successfully and are situated in appropriate locations. The project has potential to contribute to addressing the climate emergency through additional renewable energy generation. In this regard, the 13 turbines are anticipated to contribute an additional 65MW of installed capacity with the BESS providing capacity for a further 35MW, which would make a meaningful contribution toward addressing climate change on the road to net zero. As with all applications, a balancing exercise must be undertaken. The benefits of the proposal must be weighed against potential drawbacks and then considered in the round, taking account of the relevant policies of the Development Plan, which includes NPF4, as well as all other material planning considerations. In this instance, it is recommended that impacts of the proposal, although significant in some aspects, are broadly acceptable. Residential Amenity 60 NPF4 Policy 11: Energy and LDP2 Policies 33: Renewable and Low-Carbon Energy, 55: Nuisance from Artificial Light and Light Pollution and 56: Noise Pollution are relevant. Page 45 of 188
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61 PKC has engaged an external specialist noise consultant to review the noise and vibration assessment contained in the EIAR. The selected noise sensitive receptors included in the assessment represent the habitable properties surrounding the site that are predicted to experience the highest operational phase noise levels. 62 Technical guidance for the assessment of noise emissions from onshore wind turbines, known as ETSU-R-97, provides comprehensive advice to local authorities across the UK for appraising planning applications for onshore wind developments. The propagation methodology described in the EIAR are appropriate and the resulting turbine noise levels are correct in accordance with good practice. 63 Due to distances between turbines and the nearest properties, noise ius unlikely to be an issue. However, it is recommended that a condition imposes a noise limit on the operational turbines. The limit should be a single figure of 35dB measured as LA90 and applied at all times and in all wind conditions. 64 There does not appear to be any assessment of noise from the substation or from the BESS. This will be required by condition to ensure that appropriate mitigation is put in place, if necessary. 65 A Construction Environmental Management Plan (CEMP) will be required and will include details for the management of noise and vibration, including traffic movements. This is in accordance with BS5228 2009+A1:2014 Code of Practice for Noise and Vibration Control on Construction and Open Sites-Part 1: Noise.BS5228-1 and Part 2: Vibration.BS5228-2 (Condition 9). 66 Any blasting activities will be limited to Monday to Friday 07:00 to 18:00 and 07:00 to 13:00 on Saturdays (Condition 11). 67 Draft conditions have been submitted with the application. For general construction, the hours that have been provided are 07:00 to 19:00 Monday to Friday and 07:00 to 16:00 on Saturdays. The recommended hours are 08:00 – 13:00 on Saturdays, however given the distance to residential receptors, the hours proposed will not adversely impact on residential amenity and are acceptable. 68 The nearest non financially involved property is over 400 metres away from any substantial construction works such as wind turbines, substation compound, borrow pits, new tracks. Therefore, effect associated with dust or vehicle emissions are considered to be unlikely. However, a Dust Management Plan is to be included within the full CEMP (Condition 9). Roads and Access 69 Policy 13 (Sustainable Transport) of NPF4 focuses on sustainable travel and ensures development is sited appropriately. LDP2 Policy 60 (Transport Standards and Accessibility Requirements) requires that local road networks be Page 46 of 188
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capable of absorbing traffic generated by development and that satisfactory access is provided. 70 The proposed abnormal load route required to transport turbine components to the site would be from the port of Rosyth, via the M90 to Broxden Roundabout, at Broxden Roundabout the turbine components would travel south-west on the A9 before turning off onto the C468/Sheriffmuir Road. The turbine components would then continue on this road south-west until reaching the area around the Carim Lodge residential property. From there a new access track would take the turbine components southwards into the Ochil hills and onto the site. 71 In order to accommodate abnormal loads, it is proposed that the C468/Sherriffmuir Road will be widened from the A9 junction to the proposed new track near Cairn Lodge. A new section of road would also be created from the Sherriffmuir Road junction with the A9, avoiding the sharp turn back in the road. 72 The proposed access tracks and upgraded/realigned roads have been designed to be as direct/short as possible, whist attempting to avoid crossing watercourses, avoid deep peat, and also taking slope into account to ensure viable for construction and use. 73 The additional traffic during the busiest month of construction associated with the development is forecast to be 240 arrivals 240 departures 74 Approximately 223 of these vehicles are predicted to be HGV’s. 75 PKC Transport Planning has been consulted and has no objections to the proposal subject to conditions on a Construction Traffic Management Plan (CTMP), a detailed design showing the works to facilitate the upgrade of the site access from the A9 and a maintenance agreement (Conditions 13 and 14). Drainage and Flooding 76 Policy 22 (Flood Risk and Water Management) of NPF4 sets out that proposals will not increase the risk of surface water flooding to others, or itself be at risk, manage all rain and surface water through sustainable urban drainage systems (SUDS) and seek to minimise the area of impermeable surfaces. In addition, Policy 53 (Water Environment and Drainage) of LDP2 sets out that development proposals at any location and of any scale should protect and where practical improve the water environment. 77 Chapter 10 of the EIAR ‘Hydrology, Hydrogeology and Geology’ provides a flood risk and hydrological assessment, identifying flood sources and management throughout the project. Page 47 of 188
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78 Flood risk will be mitigated through a combination of embedded design measures, including: Avoidance of flood-prone areas; Watercourse crossings designed to accommodate 1-in-200-year flood events, inclusive of climate change allowances; Implementation of Sustainable Drainage Systems (SuDS) to manage runoff and maintain natural drainage patterns; Maintenance of a minimum 50m buffer zone from watercourses; Separation of clean and dirty water flows during construction; Use of pollution prevention measures and sediment control techniques. 79 These measures are aligned with SEPA guidance and NPF4 and are designed to protect water quality, minimise runoff, and ensure resilience to future climate impacts. 80 PKC Flooding and Structures are in broad agreement with recommendations outlined in the EIAR and advise that these measures will significantly mitigate water flood risk, peat, hydrology, hydrogeology, or geological impacts. A CEMP will be required to ensure that best practice construction and effective monitoring are undertaken (Condition 9). Soils and Peat 81 In terms of NPF4 Policy 5, the site includes areas of localised peat deposits, as confirmed through site surveys/peat probing. Policy 5cii supports the development of renewable energy generation proposals on peatland, carbon rich soils and priority peatland habitats, with further information required as per Policy 5d. 82 The documentation addressing environmental constraints shows the majority of the construction is to take place in peat soils. The design opted for locations where peat deposits are less deep, with most of the elements placed in reserves with depths below 1m. Figure 10.4 (volume 3d, chapter 10) confirms the following components within the development are on class 1 Nationally important carbon- rich soils, deep peat and priority peatland habitat: Turbines T10, T11, T12 and T13 Associated crane pads Borrow pit 2 Sections of access track Several turning heads 83 The Peat Management Plan shows the majority of class 1 areas impacted by the development are included in the proposed Outline Habitat Management Plan. 84 The Peat Balance Assessment (table 6-1) outlines over 114,000 m3 are expected to be excavated, and over 135,000 m3 being reused and reinstated. Page 48 of 188
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While the plan includes the extensive reuse of that peat, the removal of such large volumes of high-quality peat raises concern about the ecological impact of the development. 85 With regards to the adequacy of peat removal, reuse and mitigation measures proposed in the Peat Management Plan, we would refer to the feedback and recommendations presented by SEPA in their response submitted to the ECU. 86 With regards to the location of borrow pits, BP2 is on the territory of Perth and Kinross. The Borrow Pit Appraisal document (volume 4b, Technical Appendix 10.3) describes the projected performance of the site. There is a brief explanation on the rationale to choose these locations, but no detail on whether other alternatives were considered. While the presence of peat is acknowledged, the peat depth mapping suggests there are few locations within the development site where disturbance of peat reserves could be further reduced. Conservation Considerations 87 NPF4 Policy 7 (Historic Assets and Places) and LDP2 Policies 26 (Scheduled Monuments and Archaeology) are relevant to the development. A Cultural Heritage and Archaeology Assessment (CHA) has been submitted in support of the development as part of the EIAR. 88 The assessment considers the direct and indirect effects of the proposed wind farm on heritage assets, including an assessment on the setting of designated sites within the vicinity of the wind farm. Perth and Kinross Heritage Trust (PKHT) has been consulted on the proposal and advised that they partially agree with the mitigation measures proposed for undesignated assets as outlined in the CHA. As a result they offer the following recommendations. The use of SLR numbers and not the actual MPKs is not appropriate. While we appreciate the site crosses council boundaries the monument’s unique ID should be used, alongside in house numbering if required. For MPK20240/SLR53 given the nature of lithic scatters we strongly recommend that the CR Wickham Jones’ Guidance of Lithic Scatters ALGAO Scot 2020 is followed to determine an appropriate methodology and fully consider the resource. This should not just involve soil processing but look to locate artefacts via fieldwalking (if possible) and hand excavated test pits as per the above guidance to located artefacts in position not via mechanical extraction. For the stone circle MPK659/ SLR6 given the site type, and despite the potential disturbance, we would expect this asset to be fully recorded where impacted on by the scheme via excavation and not Strip Map Sample. This should be a well-considered programme of works that looks to fully record the area and subsequently protect via fencing the remaining site in situ throughout the duration of works. Given the location of the development and the generally poor record of upland archaeology (less development/ agricultural disturbance alongside Page 49 of 188
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survey) the WSI should fully demonstrate the consideration made for areas to be monitored and include flexibility for additional WB/ mitigation should the need arise. For example, are there areas within the scheme that would benefit from monitoring based on topography and context. Walkovers, although useful are limited, and we would expect some more consideration for potential areas to be included. All the above methodologies when within the PK area, should be agreed with PKHT then sent on to PKC for final approval. Mitigation should be informed by the Perth and Kinross Regional Research Framework (PKARF). 89 It is recommended that a condition is imposed requiring a programme of archaeological works in accordance with a Written Scheme of Investigation be submitted which will outline in full the archaeological mitigation across the development site. PKHT has offered the following comments to inform the WSI: Protective fencing and buffers on known assets – this should be included across the development site and look to protect archaeology in situ during works. I couldn’t see any information regarding peat depths and potential survival in the cultural heritage chapter, in respect for areas of unknown buried remains where monitoring peat stripping may be of benefit. This should be investigated and included into the forthcoming WSI if required. For upland post medieval archaeology i.e. stone dykes etc we would always recommend these are protected in situ, and where crossed are left in a stable state and “made good”. It is not clear if any of these features survive I the development area but if they are they need to be considered. 90 There are no designated built heritage assets within the proposed development area within the PKC boundary. PKC’s Conservation Officer is content with the approach to designated built heritage assets within the PKC area set out in the Cultural Heritage section (Chapter 11) of the EIA report, and the conclusion that the potential impact on Braco Garden and Designed Landscape would result in a very minor adverse significance of effect. Natural Heritage and Biodiversity 91 Policy 3 (Biodiversity) and Policy 4 (Natural Places) of NPF4 and Policy 41 (Biodiversity) of LDP2 are applicable to the proposal. In addition, NPF4 Policy 6 (Forestry, Woodland and Trees) and LDP2 Policies 40A (Forest and Woodland Strategy) and 40B (Trees, Woodland and Development). 92 In terms of Ecology, Section 8.235 of the EIAR confirms the permanent loss of up to 14.36ha and indirect loss of 25.42ha of bog habitats (Annex 1 blanket bog) is considered to constitute a significant negative effect at the international level, and the permanent loss of up to 21.99ha and indirect loss of 12.05ha of wet heath habitats would constitute a significant negative effect at the regional level. The permanent loss of 1.92ha and indirect loss of 6.28ha of degraded blanket bog Page 50 of 188
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and the permanent loss of up to 0.02ha and indirect loss of 2.99ha of dry heath habitats would constitute a significant negative effect at the local level. 93 8.236 The habitat restoration and enhancement measures detailed in paragraph 8.321 and Technical Appendix 8.4 delivers approximately 10 times the area of blanket bog loss, plus an additional 77.4ha of enhancement. This meets NatureScot guidance. 94 The Ground Level Tree Assessment identified one tree (Tree 22) as having a feature suitable for bats. As the tree is within 30m of the proposed development, survey undertaken by a suitably experienced and qualified ecologist in accordance with published best practice is required. 95 The submitted Outline Habitat Management Plan contains clear aims informed by rationale and references the Tayside Local Biodiversity Action Plan. 96 One area that lacks clarity is the area of measures being proposed for compensation and enhancement. Enhancement can only be considered as such when it is over and above the measures required for mitigation and compensation. 97 Areas of compensation and enhancement are presented together, and it is recommended that the ‘quantity’ column is separated into two: compensation and enhancement in Table 5-2 Proposed HMP Goals and Objectives. 98 Riparian planting is proposed and presents an opportunity to link with the Allan Water Project mentioned in the ‘PKC Forestry and Woodland Strategy. Allan Water Project | Forth Rivers Trust’. 99 The use of deer fencing is proposed. Deer control is a more sustainable and long-term approach to deer population management and is encouraged. A reduction in deer fencing also creates more open and welcoming areas for people to access and enjoy. Regular checking of deer fences to check they are not porous should be included in the Plan. 100 There is no mention of contributing towards nature networks. 101 A commitment to submit all species records to NBN Gateway would be welcomed as positive contribution towards biodiversity enhancement, especially as Perth and Kinross is not covered by a records centre. 102 Overall, the submitted information is in accordance with legislation, policy and guidance. Conditions are recommended to secure a CEMP, including measures to mitigate impacts of lighting on nocturnal species, a revised Habitat Management Plan including clarity of measures provided for biodiversity compensation and enhancement, details of monitoring arrangements and details of an Ecological Clerk of Works (ECOW). Page 51 of 188
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Economic Impact 103 NPF4 Policy 11(c) advises that development proposals will only be supported where they maximise net economic impact, including local and community socioeconomic benefits such as employment, associated business and supply chain opportunities. 104 The Socio-economics, Tourism, Recreation and Land Use Report considers the potential for the development to create a positive impact on local communities. It outlines there are no Major Significant effects of the development on socio- economic factors. It considers the construction phase would generate approximately £4.7 million of Gross Value Added (GVA) to the local area, and a further £11.8 million GVA to the wider Scottish economy. 105 During the construction stage, the proposed development is estimated to support 64 full time equivalent jobs in the local area, with a further 202 supported across the wider Scottish job market. These numbers are lower during the operational stage, with an impact on employment (including direct roles and supply chain) estimated to be around 0.01% of the workforce in the region. This change, while positive, is deemed negligible. Planning Obligations and Legal Agreements 106 A bond or other form of financial guarantee will be required for site decommissioning, restoration and aftercare. Further details are outlined in Conditions 22-24. Conclusion and Reasons for Recommendation 107 The Scottish Government gives considerable commitment to renewable energy and encourages planning authorities to support the development of wind farms where they can operate successfully and are situated in appropriate locations. The project has potential to contribute to addressing the climate emergency through additional renewable energy generation. In this regard, the 13 turbines are anticipated to contribute an additional 65MW of installed capacity with a further 35MW for the BESS and would make a meaningful contribution toward addressing climate change on the road to net zero. As with all applications, a balancing exercise must be undertaken. The benefits of the proposal must be weighed against potential drawbacks and then considered in the round, taking account of the relevant policies of the Development Plan, which includes NPF4, as well as all other material planning considerations. In this instance, it is recommended that impacts of the proposal, although significant in some aspects, are broadly acceptable. It is therefore recommended that no objection is made to the proposal. Recommendation No objection subject to the following conditions: Page 52 of 188
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Conditions and Reasons for Recommendation Commencement of Development 1. The Development must be commenced no later than three years from the date of this planning permission. Written confirmation of the intended date of Commencement of Development shall be provided to the Planning Authority no later than one calendar month before that date. Reason - Section 58 of the Town and Country Planning (Scotland) Act 1997 requires a condition to be attached to permissions limiting their duration. Three years is the default period set by law and there is no material reason indicating that a different period should be set. Design of Wind Turbines 2. (1) No turbines shall be erected until details and specification of the proposed wind turbines (including the size, make and model, power rating and sound power levels, nameplate generating capacity, type, external finish and colour) and all turbine associated apparatus have been submitted to and approved in writing by the Planning Authority. (2) For the avoidance of doubt the scale of the turbines shall not exceed the parameters assessed in the EIA Report and set out in the description of the Development. (3) The submission shall demonstrate that all wind turbine blades shall rotate in the same direction. (4) Thereafter the wind turbines and all associated apparatus shall be constructed and operated in accordance with the details approved under part (1) and shall be maintained in the free from external rust, staining or discolouration, until such time as the Development is decommissioned. Reason - To ensure that the environmental impacts of the turbines forming part of the Development conform to the impacts assessed in the EIA Report and in the interests of the visual amenity of the area. Design of Sub-station and ancillary development 3. (1) There shall be no Commencement of Development of the sub-station until final details of its location, layout, external appearance, dimensions, and surface materials, and control room buildings, any above ground electrical equipment, associated compounds, construction compound, boundary fencing, external lighting and parking areas have been submitted to, and approved in writing by, the Planning Authority. Page 53 of 188
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(2) Thereafter, the substation and control room buildings, any above ground electrical equipment, associated compounds, fencing, external lighting and parking areas shall be constructed in accordance with the details approved under part (1). Reason - To ensure that the environmental impacts of the sub-station and ancillary development forming part of the Development conform to the impacts assessed in the EIA Report and in the interests of the visual amenity of the area. Design of Energy Storage Facility 4. (1) There shall be no Commencement of Development on the energy storage facility until details of the location, layout, external finishes and appearance, dimensions and surface materials of the energy storage facility, inclusive of battery containers, substation(s), control buildings, external above ground electrical equipment, associated compounds, construction compound, boundary fencing and other enclosures, external lighting, security cameras and parking areas have been submitted to, and approved in writing by, the Planning Authority. For the avoidance of doubt the details of the energy storage facility shall not exceed the parameters assessed in the EIA Report. (2) Thereafter, the battery energy storage facility shall be constructed in accordance with the details approved under part (1) and the infrastructure shall be maintained in the approved colour, free from rust, staining or discolouration until such time as the Development is decommissioned. Reason - To ensure that the environmental impacts of the energy storage facility forming part of the Development conform to the impacts assessed in the EIA Report and in the interests of the visual amenity of the area. Signage 5. No part of the Development shall display any text, logo, sign or advertisement (other than health and safety signage as required by law) or be illuminated (with the exception of aviation safety lighting). Reason - In the interests of health and safety on site and the visual amenity of the area. Micro-siting 6. All wind turbines, buildings, areas of hardstanding, associated infrastructure and tracks shall be constructed in the locations shown on plan reference Volume 3a, Figure 3.1a Site Layout read in conjunction with Volume 2, Chapter 3 - Description of Development. The locations of wind turbines, buildings, areas of hardstanding and tracks may be adjusted by micro-siting within the redline boundary shown on plan reference Figure 3.1a Site Layout. Any such micro- siting is subject to the following restrictions unless otherwise approved in advance in writing by the Planning Authority: Page 54 of 188
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(a) no wind turbine, building, hardstanding or access track shall be moved more than 50m from the position shown on Figure 3.1a Site Layout and at the grid references set out in Table 3-4 of Volume 2, Chapter 3 Description of Development; (b) No micro-siting shall take place with the result that infrastructure (excluding floating tracks or hardstanding) has a greater overall impact on peat than the original location; (c) no infrastructure other than as required for a water course crossing or water crossing upgrading works shall be micro-sited to within 50 metres of a water course; (d) No wind turbine foundation shall be positioned higher than 5m Above Ordnance Datum (AOD) than the position for that turbine shown at the grid references set out in Volume 2, Chapter 3 of the AI Report; (e) no micro-siting shall take place which will bring the wind turbine blade tips closer than 50m stand-off distance to high-value bat habitat. All micro-siting permissible under this condition shall be submitted to, and approved in writing by, the Environmental Clerk of Works (ECoW) in advance of any works or development associated with the micro-siting request being implemented. No later than three months after the Date of Final Commissioning, an updated site layout plan showing the final position of all wind turbines, buildings, areas of hardstanding, tracks and associated infrastructure forming part of the Development shall be submitted to the Planning Authority. The plan shall also specify areas where micro-siting has taken place and, for each instance, be accompanied by copies of the ECoW or Planning Authority’s approval, as applicable. Reason - to control environmental impacts while taking account of local ground conditions. Planning Monitoring Officer 7. (1) There shall be no Commencement of Development until the terms of appointment by the developer of an independent and suitably qualified consultant as Planning Monitoring Officer (PMO) have been submitted to, and approved in writing by, the Planning Authority. The terms of appointment shall: (a) impose a duty to monitor compliance with the terms of the planning permission and the conditions attached to it; (b) require the PMO to submit a monthly report to the Planning Authority summarising works undertaken on site, matters of compliance or otherwise with the terms of the planning permission and conditions attached to it, alongside a summary of the incidents recorded and reported by the ECoW; and (c) require the PMO to report to the Planning Authority any incidences of non- compliance with the terms and conditions of the planning permission at the Page 55 of 188
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earliest practical opportunity, and no later than 10 working days following the incidence of non-compliance. (2) The PMO shall be appointed on the approved terms throughout the period from Commencement of Development to completion of construction works and post-construction site reinstatement works. (3) Prior to the decommissioning, restoration and aftercare phases of the Development or the expiration of the operational period of the planning permission (whichever is the earlier), details of the terms of appointment of a suitably qualified consultant as PMO by the Company/operator throughout the decommissioning, restoration and aftercare phases of the Development shall be submitted to, and approved in writing by the Planning Authority. (4) The PMO shall be appointed on the terms approved under part (3) throughout the decommissioning, restoration and aftercare phases of the Development. Reason - To ensure compliance with the planning permission and the conditions attached to it. Ecological Clerk of Works 8. (1) There shall be no Commencement of Development until the terms of appointment of an independent Ecological Clerk of Works (ECoW) have been submitted to, and approved in writing by, the Planning Authority. The terms of appointment shall: (a) impose a duty to monitor compliance with the environmental commitments provided in the EIA Report, including any micrositing under condition 6, the Construction and Environmental Management Plan approved under condition 9, the Biodiversity Enhancement Plan approved under condition 15, the Habitat Management and Monitoring Plan under Condition 16 and any species or habitat management plans identified in the EIA Report, (“the ECoW works”); (b) require the ECoW to report to the nominated construction project manager, developer and Planning Authority any incidences of non-compliance with the ECoW works at the earliest practical opportunity; (c) require the ECoW to submit a monthly report to the construction project manager, developer and Planning Authority summarising works undertaken on site. (2) Prior to the decommissioning, restoration and aftercare phases of the Development or the expiration of the operational period of the planning permission (whichever is the earlier), details of the terms of appointment of a suitably qualified, experienced, and independent ECoW by the Company throughout the decommissioning, restoration and aftercare phases of the Development shall be submitted to, and approved in writing by the Planning Authority. Page 56 of 188
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(3) The ECoW shall be appointed on the terms approved under part (2) throughout the decommissioning, restoration and aftercare phases of the Development. Reason - To secure effective and transparent monitoring of and compliance with the environmental mitigation and management measures associated with the Development during the construction, decommissioning, restoration and aftercare phases. Construction and Environmental Management Plan 9. There shall be no Commencement of Development until a Construction and (1) Environmental Management Plan (CEMP) containing site specific details of all on-site construction works, post-construction reinstatement, drainage and mitigation, together with details of their timetabling, has been submitted to, and approved in writing by, the Planning Authority. The CEMP shall be informed by the site and ground investigation works and best practice guidance. (2) The CEMP shall include: (a) a site waste management plan (dealing with all aspects of waste produced during the construction period other than peat and other carbon rich soils), including details of contingency planning in the event of accidental release of materials which could cause harm to the environment, evidencing adherence with SEPA’s guidance and the requirements of the waste management licensing regime as appropriate; (b) details of the location, layout, formation of the construction compound, welfare facilities, any concrete batching plant (including disposal of pH-rich waste water and substances), any areas of hardstanding, turning areas, internal access tracks, car parking, material stockpiles, oil, fuel and chemical storage, lighting columns, and any construction compound boundary fencing required for the construction period; (c) a dust management plan detailing all mitigation/dust suppression measures intended to reduce the impacts of dust on site, including measures to reduce dust on roads; (d) details of measures to be taken to prevent loose or deleterious material being deposited on the local road network including wheel cleaning and lorry sheeting facilities, and measures to clean the site entrances and the adjacent local road network; (e) a Pollution Prevention and Incident Plan incorporating a Pollution Prevention Plan, Pollution Incident Plan and a Pollution Control Monitoring Plan, with measures to protect watercourses, groundwater, management of natural surface hydrological flows (flushes, springs, etc.) and protection of peatland/soils, arrangements for the storage and management of oil and fuel and other chemicals on the site and sewage disposal and treatment; (f) details of soil storage and management including outline quantities, locations (other than peat and other carbon rich soils) management of long term storage of construction generated to facilitate future site restoration; Page 57 of 188
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(g) a drainage management strategy, demonstrating how all surface and waste water arising during and after construction is to be managed and prevented from impacting on the water environment and to mitigate flood risk; (h) a surface water and groundwater management and treatment plan, including details of the separation of clean and dirty water drains, and location of settlement lagoons for silt laden water; (i) details of temporary site illumination, including measures to ensure light spill/pollution is minimised and avoids habitats within the site and does not extend beyond the immediate working area, and not beyond the site boundary; (j) Protected Species Plan, informed by any protected species surveys carried out. The Plan shall provide mitigation measures in line with Summary of Mitigation, as required, and a timetable for implementation. (k) details of the construction of the access into the site, including associated drainage and the creation and maintenance of associated visibility splays; (l) Construction Method Statements for the following: i. crane pads; ii. turbine foundations; iii. working cable trenches; iv. erection of the wind turbines; v. Substation compound formation, erection of associated buildings and ancillary infrastructure; vi. all roads/tracks to be altered/formed within the site including their width, means of drainage (which shall have regard to SUDS principles), means of construction, and edge reinstatement including verge width. vii. watercourse crossings including full details and plans of the design and specification of all new and upgraded watercourse crossings to be constructed; (m) details of post-construction restoration/reinstatement of the working areas not required during the operation of the Development; (n) a tree felling and management plan; (o) A Construction Noise Management Plan including details of the management of noise and vibration during construction and post- construction restoration, including that caused by construction traffic, in accordance with BS 5228:2009 “Code of Practice for noise and vibration control on construction and open sites – Part 1: Noise and Part 2: Vibration” (or any updated version/document which superseded this document) and how any properties likely to be affected by construction noise will be kept informed; (p) Construction Method Statements for all roads/tracks to be altered/formed within the development site including their width, likelihood of widening or passing places, means of drainage (which shall have regard to SUDS principles), means of construction, and edge reinstatement including verge width. The specification shall be accompanied by relevant plans at a scale sufficient; (q) the cable trenches; (r) A phasing plan for the construction works; and (s) A written scheme which details the methodology for dealing with any revisions to any of the documents required under this part (2). Any revised documents will require to be submitted to and approved in writing by the Planning Authority prior to the revisions being implemented on site. Page 58 of 188
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(3) The Development shall be implemented in accordance with the CEMP approved under part (1) unless otherwise approved in advance in writing by the Planning Authority. Reason - To ensure that all construction operations are carried out in a manner that minimises their impact on road safety, amenity and the environment, and that the mitigation measures contained in the EIA Report Borrow Pits – Scheme of Works 10. There shall be no Commencement of Development until a scheme for the working and restoration of each borrow pit forming part of the Development has been submitted to, and approved in writing by, the Planning Authority. The scheme shall provide: (a) detailed working method statement based on site survey information and ground investigations; (b) details of the handling of any overburden (including peat, soil and rock); (c) drainage measures, including measures to protect and manage surrounding are-as of peatland, water dependent sensitive habitats and ground water de-pendent terrestrial ecosystems from drying out; (d) a programme of implementation of the works described in the scheme; and (e) outline details of the reinstatement, restoration and aftercare of the borrow pit(s) to be undertaken at the end of the construction period, including topographic surveys of pre-construction profiles and details of topographical surveys to be undertaken of the restored borrow pit profiles. The scheme approved shall thereafter be implemented in full following Commencement of Development. Reason - To ensure that excavation of materials from the borrow pit(s) is carried out in a manner that minimises the impact on amenity and the environment, and to secure the restoration of borrow pit(s) at the end of the construction period. Borrow Pits – Blasting 11. No blasting shall take place until a scheme specifying blast monitoring locations is submitted to and approved in writing by the Planning Authority. Ground vibration from blasting shall not exceed a peak particle velocity of 6mm/second at the blasting monitoring locations approved in the scheme. The measurement is to be the maximum of three mutually perpendicular directions taken at the ground surface. Unless otherwise approved in writing in advance by the Planning Authority, any blasting activities will be limited to Monday to Friday 07:00 to 18:00 and 07:00 to 13:00 on Saturdays, with no blasting taking place on a Sunday or on a Public Holiday. Page 59 of 188
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The scheme shall be implemented as approved. Reason - To ensure that blasting activity is carried out within defined parameters and timescales to control impact on amenity. Construction Hours 12. Construction work shall only take place between the hours of 07.00 to 19.00 on Monday to Friday inclusive and 07.00 to 16.00 on Saturdays, with no construction work taking place on a Sunday or Public Holiday. Outwith these specified hours, maintenance works, emergency works and construction works shall be limited to concrete pours, wind turbine erection, dust suppression, and the testing of plant and equipment, unless otherwise approved in advance in writing by the Planning Authority. HGV movements (excluding abnormal loads) to or from the site during construction of the wind farm shall be limited to 07.00 to 19.00 Monday to Friday (inclusive), and 07.00 to 16.00 on Saturdays, with no HGV movements to or from site taking place on a Sunday or Public Holiday. Outwith these hours HGV movements are to be limited to wind turbine delivery (unless otherwise approved in advance in writing by the Planning Authority). Reason - In the interests of local amenity. Construction Traffic Management Plan 13. There shall be no Commencement of Development until Construction Traffic Management Plan (CTMP) has been submitted to, and approved in writing, by the Planning Authority. The CTMP shall provide: (a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; (b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; (c) a code of conduct for HGV drivers to allow for queuing traffic to pass; (d) arrangements for liaison with the Roads Authority regarding winter maintenance; (e) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; (f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; (g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; (h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; (i) details of information signs to inform other road users of construction traffic; Page 60 of 188
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(j) arrangements to ensure that access for emergency service vehicles are not impeded; (k) co-ordination with other significant developments known to use roads affected by construction traffic; (l) traffic arrangements in the immediate vicinity of temporary construction compounds; (m) the provision and installation of traffic counters at the applicant's expense at locations to be agreed prior to the commencement of construction; (n) monitoring, reporting and implementation arrangements; (o) arrangements for dealing with non-compliance; and (p) details of HGV movements to and from the site. The CTMP as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management. Vehicular Access 14. There shall be no Commencement of Development until a detailed design showing the accommodation works to facilitate the construction of the development for the C468 public road is submitted for written approval. The detailed design will include the following: (a) Road widening scheme from A9 to access track at Carim Lodge; (b) Junction from the public road network to the development site; (c) Road drainage; and (d) Junction layouts for the turbine route from A9 to C468 avoiding the tight turn. The approved design shall thereafter be implemented in full, prior to the construction works commencing on site. Reason - In the interests of road safety to accommodate access to the site. Habitat Management and Monitoring Plan 15. There shall be no Commencement of Development until a Habitat Management Plan (HMP) taking account of the Outline Habitat Management Plan (Technical Appendix 8.4 of the EIA Report), has been submitted to, and approved in writing by the Planning Authority. The HMP shall set out proposed habitat management of the site during the period of construction, operation, and decommissioning, restoration and aftercare, and shall provide for the maintenance, monitoring and reporting of habitat on site. The HMP shall provide provision and details for regular monitoring and review to be undertaken against the HMP objectives and reasonable measures for Page 61 of 188
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securing amendments or additions to the HMP in the event that the HMP objectives are not being met. Until otherwise approved in advance in writing by the Planning Authority, the approved HMP (as amended from time to time with written approval of the Planning Authority) shall be implemented in full in line with the timescales set out in the approved plan. Reason - In the interests of good land management and the protection of habitats. Programme of Archaeological Works 16. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) which has been submitted by the developer and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress. Reason - To ensure the protection or recording of archaeological features on the site. Operational Noise (Turbines) 17. (1) The rating level of noise immissions from the combined effects of the wind turbines forming part of the development (including the application of any tonal penalty) when determined in accordance with the attached Guidance Notes for this condition, shall not exceed 35dB measured as LA90 at any occupied dwelling. This noise limit should be applied at all times and in all wind conditions. (2) The turbines shall be designed to permit individually controlled operation or shut down at specified wind speeds and directions in order to facilitate compliance with noise criteria. (3) The Company shall continuously log power production, wind speed and wind direction at each wind turbine all (in accordance with Guidance Notes). These data shall be retained for a period of not less than 24 months. The data will include details of the mode in which each of the turbines will be operated during Page 62 of 188
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each ten minute period depending on the wind conditions in that ten minute period. The Company shall provide this information to the Planning Authority, in the format set out in the Guidance Notes, within 14 days of receipt in writing of a request to do so. (4) Prior to the Date of First Commissioning, the developer shall have submitted to, and received written approval of the Planning Authority of, a list of proposed independent consultants who will undertake compliance measurements in accordance with this condition. Amendments to the list of approved consultants shall be made only with the prior written approval of the Planning Authority. (5) Within 21 days from receipt of a written request from the Planning Authority, following a complaint to it from an occupant of a dwelling alleging noise disturbance at that dwelling, the developer shall employ a consultant approved by the Planning Authority in terms of part (4) above to assess the level of noise immissions from the wind farm at the complainant’s property (or a suitable alternative location agreed in writing by the Planning Authority). The written request from the Planning Authority shall set out at least the date, time and location to which the complaint relates and any identified atmospheric conditions, including wind direction, and include a statement as to whether, in the opinion of the Planning Authority, the noise giving rise to the complaint contains or is likely to contain a tonal component. (6) The assessment of the rating level of noise immissions in terms of part (5) above shall be undertaken in accordance with the Guidance Notes and an assessment protocol that shall previously have been submitted to and approved in writing by the Planning Authority. The protocol shall include the proposed measurement location(s) where measurements for compliance checking purposes shall be undertaken, whether noise giving rise to the complaint contains or is likely to contain a tonal component, and also the range of meteorological and operational conditions (which shall include the range of wind speeds, wind directions, power generation and times of day) to determine the assessment of rating level of noise immissions. The proposed range of conditions shall be those which prevailed during times when the complainant alleges there was disturbance due to noise, having regard to the written request of the Planning Authority under paragraph (5) above. (7) Where the property to which a complaint is related is not listed by name or location in Table 1 at part (1) of this condition, the Company shall submit to the Planning Authority, for its written approval, proposed noise limits selected from those listed in Table 1 to be adopted at the complainant’s property for compliance checking purposes, prior to compliance checking. The proposed noise limits are to be those limits selected from Table 1 specified for a listed location which the independent consultant considers as being likely to experience the most similar background noise environment to that experienced at the complainant’s property. The protocol shall include a justification of the choice of the representative background levels to determine compliance at the complainant’s property. The resultant noise limits selected shall include, where Page 63 of 188
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appropriate, any limit apportionment to account for consented levels from cumulative wind farm developments. (8) The rating level of noise immissions resulting from the combined effects of the wind turbines when determined in accordance with the Guidance Notes and approved Noise Assessment Protocol shall not exceed the noise limits approved in writing by the Planning Authority for the complainant’s property. (9) In the event that a complainant does not allow the Company access to undertake a compliance assessment, the assessment protocol shall set out details of the proposed alternative representative measurement position, prior to the commencement of measurements, and the measurements shall be undertaken at the approved alternative representative measurement location. (10) The Company shall provide to the Planning Authority the independent consultant’s assessment of the rating level of noise immissions undertaken in accordance with the Guidance Notes and the approved Noise Assessment Protocol within two months of the date of the written request of the Planning Authority for compliance measurements to be made under part (5), unless the time limit is extended in writing by the Planning Authority. The assessment shall include all data collected for the purposes of undertaking the compliance measurements, such data to be provided in the format set out in the Guidance Notes. The instrumentation used to undertake the measurements shall be calibrated in accordance with the Guidance Notes and certificates of calibration shall be submitted to the Planning Authority with the independent consultant’s assessment of the rating level of noise immissions. (11) Where a further assessment of the rating level of noise immissions from the wind farm is required pursuant to (in accordance with the Guidance Notes), the Company shall submit a copy of the further assessment within 21 days of submission of the independent consultant’s assessment pursuant to part (8) above unless the time limit has been extended in writing by the Planning Authority. Reason - to protect nearby residents from undue noise and disturbance and to ensure that noise limits are not exceeded and to enable prompt investigation of complaints. Guidance Notes for Operational Noise Condition These notes are to be read with and form part of the noise condition. They further explain the condition and specify the methods to be employed in the assessment of complaints about noise immissions from the wind farm. The rating level at each integer wind speed is the arithmetic sum of the wind farm noise level as determined from the best-fit curve described in Guidance Note 2 of these Guidance Notes and any tonal penalty applied in accordance with Guidance Note 3. Reference to ETSU-R-97 refers to the publication entitled “The Assessment and Rating of Noise from Wind Farms” (1997) published by the Energy Technology Support Unit (ETSU) for the Department of Trade and Page 64 of 188
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Industry (DTI). IOA GPG is “A Good Practice Guide to the Application of ETSU- R-97 for the Assessment and Rating of Wind Turbine Noise” (2013) and includes Supplementary Guidance Notes 1 to 5 of the IOA GPG. Guidance Note 1 (a) (The LA90,10 minute noise statistic should be measured in accordance with the IOA GPG. Measurements shall be undertaken in such a manner to enable a tonal penalty to be applied in accordance with Guidance Note 3. (b) To enable compliance with the conditions to be evaluated, the Company shall continuously log arithmetic mean wind speed in metres per second and wind direction in degrees from north for each turbine and arithmetic mean power generated by each turbine, all in successive 10-minute periods. All 10 minute periods shall commence on the hour and in ten minute increments thereafter, synchronised with Universal Coordinated Time (UTC). The wind speeds at turbine hub height shall be 'standardised' to a reference height of ten metres as described in ETSU-R-97 at page 120 using a reference roughness length of 0.05 metres. Unless an alternative procedure is previously agreed in writing with the Planning Authority, it is these standardised ten metre height wind speed data which are correlated with the noise measurements determined as valid. (c) Data provided to the Planning Authority in accordance with the noise condition shall be provided in comma separated values in electronic format unless otherwise agreed in writing with the Planning Authority. (d) A data logging rain gauge shall be installed in the course of the assessment of the levels of noise immissions. The gauge shall record over successive 10-minute periods synchronised with the periods of data recorded in accordance with Note 1(b). Guidance Note 2 (a) The noise measurements shall be made so as to provide not less than 20 valid data points as defined in Guidance Note 2 (b) (b) Valid data points are those measured in the conditions specified in the agreed written protocol, but excluding any periods of rainfall measured in the vicinity of the sound level meter. Rainfall shall be assessed by use of a rain gauge that shall log the occurrence of rainfall in each 10 minute period concurrent with the measurement periods set out in Guidance Note 1. In specifying such conditions the Planning Authority shall have regard to those conditions which prevailed during times when the complainant alleges there was disturbance due to noise or which are considered likely to result in a breach of the limits. (c) For those data points considered valid in accordance with Guidance Note 2(b), values of the LA90,10 minute noise measurements and corresponding values of the 10- minute 10- metre height wind speed averaged across all operating wind turbines using the procedure specified in Guidance Note 1(d), shall be plotted on an XY chart with noise level on the Y-axis and the 10- metre height mean wind speed on the X-axis. A Page 65 of 188
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least squares, “best fit” curve of an order deemed appropriate by the independent consultant (but which may not be higher than a fourth order) should be fitted to the data points and define the wind farm noise level at each integer speed. Guidance Note 3 (a) Where, in accordance with the protocol, noise immissions at the location or locations where compliance measurements are being undertaken contain or are likely to contain a tonal component, a tonal penalty is to be calculated and applied using the following rating procedure. (b) For each 10 minute interval for which LA90,10 minute data have been determined as valid in accordance with Guidance Note 2 a tonal assessment shall be performed on noise immissions during 2 minutes of each 10 minute period. The 2 minute periods should be spaced at 10 minute intervals provided that uninterrupted uncorrupted data are available (“the standard procedure”). Where uncorrupted data are not available, the first available uninterrupted clean 2 minute period out of the affected overall 10 minute period shall be selected. Any such deviations from the standard procedure, as described in Section 2.1 on pages 104-109 of ETSU-R-97, shall be reported. (c) For each of the 2 minute samples the tone level above or below audibility shall be calculated by comparison with the audibility criterion given in Section 2.1 on pages 104-109 of ETSU-R-97. (d) The tone level above audibility shall be plotted against wind speed for each of the 2 minute samples. Samples for which the tones were below the audibility criterion or no tone was identified, a value of zero audibility shall be used. (e) The average tone level above audibility shall be calculated for each wind speed bin, each bin being 1 metre per second wide and centred on integer wind speeds. This process shall be repeated for each integer wind speed for which there is an assessment of overall levels in Note 2. (f) The tonal penalty is derived from the margin above audibility of the tone according to the figure below. Page 66 of 188
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Guidance Note 4 (a) If a tonal penalty is to be applied in accordance with Guidance Note 3 the rating level of the turbine noise at each wind speed is the arithmetic sum of the measured noise level as determined from the best fit curve described in Guidance Note 2 and the penalty for tonal noise as derived in accordance with Guidance Note 3 at each integer wind speed within the range specified by the Planning Authority in its written protocol. (b) If no tonal penalty is to be applied then the rating level of the turbine noise at each wind speed is equal to the measured noise level as determined from the best fit curve described in Guidance Note 2. (c) In the event that the rating level is above the limit(s) set out in the Table attached to the noise conditions or the noise limits for a complainant’s dwelling, the independent consultant shall undertake a further assessment of the rating level to correct for background noise so that the rating level relates to wind turbine noise immission only. (d) The Company shall ensure that all the wind turbines in the development are turned off for such period as the independent consultant requires to undertake the further assessment. The further assessment shall be undertaken in accordance with the following steps: (e) Repeating the steps in Guidance Note 2, with the wind farm switched off, and determining the background noise (L3) at each integer wind speed within the range requested by the Planning Authority in its written request and the approved protocol. (f) The wind farm noise (L1) at this speed shall then be calculated as follows where L2 is the measured level with turbines running but without the addition of any tonal penalty: (g) The rating level shall be re-calculated by adding arithmetically the tonal penalty (if any is applied in accordance with Note 3) to the derived wind farm noise L1 at that integer wind speed. (h) If the rating level after adjustment for background noise contribution and adjustment for tonal penalty (if required in accordance with note 3 above) at any integer wind speed lies at or below the values set out in the Table attached to the conditions or at or below the noise limits approved by the Planning Authority for a complainant’s dwelling in accordance with the noise condition then no further action is necessary. If the rating level at any integer wind speed exceeds the values set out in the Table attached to the conditions or the noise limits approved by the Planning Authority for a complainant’s dwelling in accordance with the noise condition then the Development fails to comply with the conditions. Noise (BESS and Substation) 18. All plant or equipment associated with the BESS and substation shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not Page 67 of 188
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exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 20 between 2300 and 0700 hours daily, within any nearby residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. In the event that justified complaints for noise are received by the Council, the applicant at their own expense, shall employ an independent and suitably qualified consultant to carry out a Noise Assessment of the development. The appointed consultant and methodology for the Noise Assessment shall be submitted to and approved in writing by the Planning Authority in consultation with Environmental Health within 28 days of being notified of the complaint. Within 28 days of approval of appointed consultant and methodology, a Noise Assessment shall be submitted outlining mitigation and recommended timescales for delivery. Thereafter, all mitigation measures shall be implemented within the timescales recommended. Reason - In the interests of protecting residential amenity. Access Management Plan 19. There shall be no Commencement of Development until an Access Management Plan (AMP) has been submitted to and approved in writing by the Planning Authority. The AMP should ensure that, where appropriate and subject to health and safety requirements, public access is maintained across the Development site during construction, and thereafter that existing wider rights of public access are maintained during the operational phase of the wind farm. The approved plan shall be implemented in full. Reason - In the interests of securing public access rights Private Water Supplies 20. There shall be no Commencement of Development until a private water supplies method statement has been submitted to and approved in writing by the Planning Authority, detailing all contingent mitigation measures to be delivered to secure the quality, quantity and continuity of water supplies to any properties which are served by private water supplies at the date of this planning permission which may be affected by the Development. The method statement shall set out: (a) details of the methodology for water quality and quantity sampling for a period of 12 months prior to construction (including abstraction points); (b) details of the methodology and programme for undertaking water quality and quantity sampling during the construction period (including abstraction points); and (c) details of the methodology for water quality and quantity sampling for a period of 12 months post construction (including abstraction points); Page 68 of 188
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The approved method statement shall thereafter be implemented in full upon the Commencement of Development. Reason - To maintain a secure and adequate water supply to all properties with private water supplies that may be affected by the Development. Redundant Turbines 21. If one or more wind turbines fails to generate electricity on a commercial basis to the public network for a continuous period of 12 months, then the turbine or turbines shall be deemed to be surplus to requirement and the developer shall: (a) within one month of the expiration of the 12 month period, submit a scheme to the Planning Authority for written approval setting out how and when the relevant wind turbine(s) and associated infrastructure will either be repaired or removed from the site and the ground restored to a condition agreed with the Planning Authority; and (b) implement the approved scheme to the timescales set out in the scheme and agreed in part a) above. Reason - To ensure that any redundant wind turbine is removed from site, in the interests of safety, amenity and environmental protection. Interim Decommissioning, Restoration and Aftercare Strategy 22. There shall be no Commencement of Development until an Interim decommissioning, restoration and aftercare strategy has been submitted to, and approved in writing by, the Planning Authority. The interim decommissioning, restoration and aftercare strategy shall outline measures for the decommissioning of the Development and restoration and aftercare of the site, and shall provide proposals for the removal of the Development, the treatment of ground surfaces, the management and timing of the works and environmental management provisions in any instance that the site as a whole, or in part, ceases to operate prior to the approval of the Decommissioning, Restoration and Aftercare Plan required under the provisions of condition 23. Reason - To ensure the decommissioning and removal of the Development in an appropriate and environmentally acceptable manner and the restoration and aftercare of the site, in the interests of safety, amenity and environmental protection when a detailed decommissioning, restoration and aftercare Plan has not yet been approved. Site Decommissioning, Restoration and Aftercare 23. The Development shall cease to generate electricity to the grid network by no later than the date falling 40 years from the Date of Final Commissioning. No later than one year prior to the Date of Final Generation or the expiry of the planning permission (whichever is earlier) a decommissioning, restoration and Page 69 of 188
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aftercare plan shall be submitted for the written approval of the Planning Authority. The detailed decommissioning, restoration and aftercare plan shall provide updated and detailed proposals, in accordance with relevant guidance at that time, for the removal of the Development, the treatment of ground surfaces, the management and timing of the works and environment management provisions which shall provide: (a) a site waste management plan (dealing with all aspects of waste produced during the decommissioning, restoration and aftercare phases and, including de-tails of measures to be taken to minimise waste associated with the Development and promote the recycling of materials and infrastructure components); (b) details of the formation of any temporary infrastructure required for decommissioning such as compounds, welfare facilities, any areas of hard- standing, material stockpiles, oil storage, lighting columns, and any boundary fencing; (c) a dust management plan; (d) details of measures to be taken to prevent loose or deleterious material being deposited on the local road network, including wheel cleaning and lorry sheeting facilities, and measures to clean the site entrances and the ad-jacent local road network; (e) a pollution prevention and control method statement, including arrangements for the storage and management of oil and fuel on the site; (f) details of measures for soil storage and management; (g) a surface water and groundwater management and treatment plan, including details of the separation of clean and dirty water drains, and location of settlement lagoons for silt laden water; (h) details of measures for sewage disposal and treatment; (i) temporary site illumination; and (j) a species protection plan if surveys (carried out no longer than eighteen months prior to submission of the plan) identify any protected species (including birds). The Development shall be decommissioned, the site restored and aftercare undertaken prior to the date falling three years after the Date of Final Generation and in accordance with the approved detailed decommissioning, restoration and aftercare plan. Reason - To ensure the decommissioning and removal of the Development in an appropriate and environmentally acceptable manner and the restoration and aftercare of the site, in the interests of safety, amenity and environmental protection. Financial Guarantee 24. There shall be no commencement of development until a bond or other form of financial guarantee (hereafter “financial guarantee”) in terms which secures the cost of performance of all decommissioning, restoration and aftercare obligations Page 70 of 188
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referred to in conditions 22 and 23 has been submitted to and approved in writing by the Planning Authority. The value of the financial guarantee shall be agreed between the developer and the Planning Authority or, failing agreement, determined (on application by either party) by a suitably qualified independent professional as being sufficient to meet the costs of all decommissioning, restoration and aftercare obligations referred to in conditions 22 and 23. The financial guarantee shall be maintained in favour of the Planning Authority until the completion of all decommissioning, restoration and aftercare obligations referred to in conditions 22 and 23. The value of the financial guarantee shall be reviewed by agreement between the developer and the Planning Authority or, failing agreement, determined (on application by either party) by a suitably qualified independent professional not less than every five years, and at the time of the approval of the detailed decommissioning, restoration and aftercare plan approved under condition 23. The value of the financial guarantee shall be increased or decreased to take account of any variation in costs of compliance with decommissioning, restoration and aftercare obligations referred to in conditions 22 and 23. Reason - To ensure that there are sufficient funds to secure performance of the decommissioning, restoration and aftercare conditions attached to this deemed planning permission in the event of default by the developer. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes Any permission shall not to be issued until a Section 75 Agreement or a bond as required by condition 24 has been signed and registered to take account of this application. The legal agreement or bond should be concluded and completed within 4 months of the date of any decision. Informatives 1. Prior to the commencement of works, a maintenance agreement under Section 96 of the Roads (Scotland) Act 1984 shall be entered into. Confirmation of this agreement being in place shall be provided to the Council, as Planning Authority, a minimum of four weeks prior to the commencement of development. The maintenance agreement shall be in respect of the C468. These roads shall be inspected on a regular basis and repairs carried out to the timescale and standards specified by the Council as Roads Authority to the satisfaction of Perth & Kinross Council. Page 71 of 188
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2. The applicant should be advised that in terms of Section 56 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority consent to open an existing road or footway prior to the commencement of works. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 3. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, he/she/they must obtain consent from the Council, to place, maintain or adjust apparatus in, or under a Road or remove apparatus from a road. Application forms are available at https://www.pkc.gov.uk/article/14916/Road-and-footway-permits. 4. The applicant should be advised that in terms of Section 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority consent to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 5. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 6. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 7. The applicant is advised that the granting of planning permission does not guarantee right of access to the site. This should be agreed with the relevant landowner(s) prior to the commencement of the development. 8. This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the number and design of turbines. 9. Please remember that the granting of planning permission, listed building consent or other associated consent by the Planning Authority does not affect the responsibility of the developer to ensure all other necessary permissions, consents and approvals are in place prior to commencement of works. Developers should also ensure appropriate accommodations are made in respect of services and third party infrastructure and may wish to check Page 72 of 188
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proposals against the information held at https://www.linesearchbeforeudig.co.uk/. 10. The applicant shall ensure the private water supply for the development complies with the Water Scotland Act 1980 (Section 63) and the Private Water Supplies (Scotland) Regulations 2006. Detailed information regarding the private water supply, including the nature, location and adequacy of the source, any storage tanks/ pipework and the filtration and disinfection treatment proposed to ensure provision of an adequate and consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above act and regulations. Authors Name Designation Contact Details Alex Gudgeon Planning Officer (Majors) developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 28 January 2026 Page 73 of 188
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Ü Erection of 13 turbine windfarm and associated works – ECU00004782 on land 6000 Metres South of Longfauld, Blackford, Auchterarder 25/01007/ECU36 Scale 1:60,000 Planning and Placemaking Committee - 11 February 2026 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(i) Page 75 of 188
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Ü Erection of 13 turbine windfarm and associated works – ECU00004782 on land 6000 Metres South of Longfauld, Blackford, Auchterarder 25/01007/ECU36 Scale 1:40,000 Planning and Placemaking Committee - 11 February 2026 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(i) Page 77 of 188
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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. 26/39) Proposal: Formation of extension to existing holiday park comprising siting of 62 holiday accommodation lodges and 6 holiday accommodation glamping pods; erection of 4 holiday accommodation cabins and 8 stilted holiday accommodation units; erection of rangers' classroom and a covered learning structure; alterations to reception building, pier, vehicle parking, footpaths and associated works (as amended) Location: Loch Tay Highland Lodges, Killin, FK21 8TY Ref. No: 25/00685/FLM Ward No: P4 - Highland Summary This report recommends approval of the application for planning permission for the extension to existing holiday park comprising siting of 62 holiday accommodation lodges and 6 holiday accommodation glamping pods; erection of 4 holiday accommodation cabins and 8 stilted holiday accommodation units; erection of rangers' classroom and a covered learning structure; alterations to reception building, pier, vehicle parking, footpaths and associated works. Background and Description of Proposal 1 Loch Tay Highland Lodges is situated approximately 5 kilometres to the north- east of the settlement of Killin, to the south of the A827 with access via a private driveway. The site is located toward the western end of Loch Tay, on its north bank. Much of the site, particularly the southern section, slope steeply downwards towards Loch Tay. 2 The site comprises 15.5 hectares of land, including a harbour and various outdoor recreational activities. The site presently contains 90 developed holiday accommodation plots, including 55 hire fleet holiday lodges, caravans and glamping units, plus a number of bespoke Scandinavian lodges. At present, up to eight staff are living on the site at any one time. The majority of the land proposed for development is located at the north of the site and is presently 5(2)(i) Page 79 of 188
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undeveloped parkland used for ancillary/recreational purposes associated with the main holiday park. 3 Planning permission is sought to expand the number of accommodation units within the existing holiday park and the relocation and reconfiguration of some established holiday accommodation areas. The proposed development includes 84 units of holiday accommodation comprising: Lodge Unit measuring 40ft x 20ft (24 units) Lodge Unit measuring 45ft x 20ft (8 units) Lodge Unit measuring 40ft x 14ft (30 units) Stilted Accommodation (8 units) Glamping pod (6 units) Holiday Cabins (4 units) 4 Seven additional staff accommodation units are also to be provided within two timber-clad modular buildings, and will be located either side of a new staff communal building. An existing staff accommodation unit will be relocated to the north of the communal area. The new staff accommodation will be located within the end section of an existing large storage shed. The existing cladding will be removed from the storage shed to allow light in, with the structural frame being retained in situ. 5 The holiday lodge units, cabins, and glamping pods are proposed within the definition of a Caravan as set out in the Caravan Sites and Control of Development Act 1960 (as amended) and the Caravan Sites Act 1968, typical plans for the position and location of these proposed units have been submitted with the application for illustrative purposes because static caravans constitute a use of land only in planning terms, rather than buildings, in order to demonstrate the general appearance of the type of accommodation envisaged. 6 The proposals also include associated ancillary development including a woodland walk, internal access to the proposed extension area, formalised parking provision, roads, lodge bases, woodland walk, landscaping and drainage. 7 Access will be via the existing vehicular access to the site from the A827 at the north of the site. The internal road layout has been improved to be more logical and remove unnecessary turns and weaves. Each new unit would have its own dedicated parking provision. 8 The proposal initially included the conversion of a washroom building and stables to provide 4 further holiday accommodation units. However, due to the nature of these buildings, they require to be surveyed for bats. The surveys had not been conducted during the required seasonal window of spring through to early autumn. Rather than delaying the determination of the application so the surveys could be done, the applicant resolved to remove these elements from this application and will make a sperate application for the washroom and stables conversion once the necessary survey work has been carried out. Page 80 of 188
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Site History 9 97/00527/FUL Full Planning Permission was Approved On 14 May 1997 for Erection of a lodge 10 99/01007/FUL Full Planning Permission was Approved On 2 August 1999 for Erection of a lodge 11 99/01127/FUL Full Planning Permission was Refused On 23 September 1999 for Erection of 3 lodges 12 99/01128/FUL Full Planning Permission was Refused On 23 September 1999 for Erection of one lodge 13 99/01129/FUL Full Planning Permission was Approved On 23 September 1999 for Erection of 4 lodges 14 99/01542/FUL Full Planning Permission was Approved On 25 November 1999 for Change of use of existing menage building to Class 11 (Assembly and Leisure) 15 01/01466/FUL Full Planning Permission was Approved On 31 October 2001 for Erection of a reception building 16 02/01856/FUL Full Planning Permission was Approved On 9 January 2003 for Extension to laundry to form bar and restaurant 17 04/01429/FUL Full Planning Permission was Approved On 12 April 2005 for Erection of a swimming pool/recreation building 18 04/01432/FUL Full Planning Permission was Refused On 10 May 2005 for Erection of 8no. additional holiday lodges and formation of wildlife area including lagoon 19 04/01912/FUL Full Planning Permission was Approved On 12 April 2005 for Dredging of existing harbour, building up of lochside walls with spoil, erection of mooring walkways and replacement of pier with shelter (in retrospect) 20 07/00467/OUT was Approved On 10 October 2007 for Erection of additional holiday lodges, ancillary facilities, upgrading of access and landscaping (outline) 21 07/01680/FUL Full Planning Permission was Approved On 3 September 2007 for Formation of a glassed-in porch under existing roof and utilising existing structure at Lodge Corrieben 22 08/02256/REM was Approved On 16 January 2009 for Erection of 8 timber lodges and associated carparking, access paths Page 81 of 188
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23 10/00011/PAN On 22 July 2010 for Renewal of existing consent (07/00467/OUT) Erection of additional holiday lodges, ancillary facilities, upgrading of access and landscaping (in principle) 24 10/01701/AMM was Approved On 1 July 2011 for Erection of lodges, reception building and managers flat and formation of landscaping, drainage, access and site levels (Approval of Matters Specified in Conditions - 07/00467/OUT) 25 10/01716/IPM was Approved On 1 July 2011 for Variation of Condition 2 (07/00467/OUT) to extend timescales (erection of additional holiday lodges) 26 12/02206/AMM was Approved On 22 February 2013 for Variation of condition 6 of planning consent 10/01701/AMM (to allow the access to be provided with a bituminously bound surface only from the junction with the public road to Ivy Cottage) 27 13/00190/FLL Full Planning Permission was Approved On 17 April 2013 for Siting of 7 timber tents 28 14/01918/FLL Full Planning Permission was Approved On 8 December 2014 for Erection of reception and staff units 29 17/01752/FLL Full Planning Permission was Approved On 28 November 2017 for Alterations and extension to staff accommodation 30 17/01945/FLL Full Planning Permission was Approved On 9 January 2018 for Siting of 13no. camping pods and associated works (in part retrospect) 31 21/01217/FLL Full Planning Permission was Approved On 25 August 2021 for Siting of 4 caravans for holiday accommodation use 32 24/01250/SCRN On 10 September 2024 for Change of land use, erection of 64 holiday cottages, 8 stilted accommodation units, 6 glamping pods, 3 staff accommodation units and associated operational development and infrastructure 33 24/00009/PAN On 4 October 2024 for Change of use of land to form extension to existing holiday park comprising siting of holiday/staff accommodation units, covered event space, classroom, landscaping and associated operational development Environmental Impact Assessment 34 The impact of the proposed development site was screened for EIA (24/01250/SCRN) and it was determined that the proposal does not constitute an EIA development. Pre-Application Consultation 35 Pre application Reference: 24/00009/PAN Page 82 of 188
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36 The proposed development is classed as a ‘Major’ development, in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. Therefore, the applicant was required to undertake formal pre-application consultation with the local community. The submitted Pre-application Consultation (PAC) Report outlined that two community consultation events were held at Cruachan Farm Caravan Park, adjacent to Loch Tay Highland Lodges. The public exhibitions were held on 29th November 2024 and 13th January 2025. The outcome of the events, etc. is detailed within the PAC Report. DEVELOPMENT PLAN 37 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 38 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. 39 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 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 20: Blue and Green Infrastructure Policy 22: Flood Risk and Water Management Policy 29: Rural Development Policy 30: Tourism Perth and Kinross Local Development Plan 2019 40 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. Page 83 of 188
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41 The principal relevant policies are, in summary; Policy 1A: Placemaking Policy 1B: Placemaking Policy 2: Design Statements Policy 6: Settlement Boundaries Policy 8: Rural Business and Diversification Policy 9A: Caravan Sites, Chalets and Timeshare Developments: Existing Caravan Sites Policy 9C: Caravan Sites, Chalets and Timeshare Developments: Chalets, Timeshare and Fractional Ownership Policy 19: Housing in the Countryside Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments Policy 26B: Scheduled Monuments and Archaeology: Archaeology Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development Policy 38A: Environment and Conservation: International Nature Conservation Sites Policy 38C: Environment and Conservation: Local Designations 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 47: River Tay Catchment Area Policy 52: New Development and Flooding Policy 53A: Water Environment and Drainage: Water Environment Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 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 Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) Supplementary Guidance - Landscape (adopted in 2020) Supplementary Guidance - Placemaking (adopted in 2020) Page 84 of 188
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Other Material Considerations PKC Non Statutory Guidance Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC Planning Guidance - Planning & Biodiversity Consultations 42 As part of the planning application process the following bodies were consulted: External 43 Scottish Environment Protection Agency: No objection. The proposed development will not be at flood risk and is not likely to lead to increased flood risk to downstream receptors. 44 NatureScot: No objection. Subject to conditions on the drainage strategy and the provision of a Construction Method Statement to mitigate the impact on the Atlantic Salmon interest of the River Tay Special Area of Conservation. 45 Perth and Kinross Heritage Trust: No objection. The proposed development does not raise any significant issues and no archaeological mitigation is required in this instance. 46 Scottish Water: No objection. The proposal falls partly within two drinking water catchments where a Scottish Water abstraction is located. Scottish Water abstractions are designated as Drinking Water Protected Areas (DWPA) under Article 7 of the Water Framework Directive. The activity is likely to be low risk given the location within the catchment but care should still be taken as this is a public drinking water source. 47 Glen Lyon and Loch Tay Community Council: The Community Council objects for the following reasons: the pier and archaeological impacts; transport and lack of sustainable travel and public transport, parking and Travel Plan; noise; ecology and the environment; fire and water; and sewage. Internal 48 Biodiversity: Conditions are required for an Invasive Non-Native Species Control Plan (INNS) for the eradication and control of rhododendron, a detailed landscaping plan and a Site Biodiversity Action Plan containing quantities, locations, techniques, timescales, and monitoring arrangements of biodiversity enhancement measures. Page 85 of 188
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49 Environmental Health (Private Water): No objections, subject to a condition requiring the submission of measures to protect existing septic tanks, soakaways and private water supplies within and running through the application site. 50 Environmental Health (Contaminated Land): No objections. Historical mapping indicates that the proposed development is within the immediate vicinity of a former limekiln as well as an area of infilled land to the south of the site, both of which may have resulted in contamination in the vicinity of the site. Should any contamination be found during the approved works, works should cease, and the Land Quality team should be contacted 51 Environmental Health (Noise Odour): No objections, subject to conditions to control noise, external lighting and construction hours. 52 Transportation and Development: Additional confirmation was sought on the adequacy of the visibility splays at the site entrance. This information has since been provided. 53 Structures and Flooding: Additional information was initially sought as the climate change allowance had been calculated at 35% as opposed to the 39% requirement under NPF4. Amended drainage calculations have subsequently been provided. Representations 54 Fourteen representations were received. The main issues raised within the representations are: Visual impact Landscape impacts Flood risk Lack of car parking Road safety concerns Overdevelopment Fire risk Impact on water supply Impact on local community from commercialisation Loss of privacy Biodiversity impacts Light pollution Noise Loss of disc golf course 55 These issues are addressed in the Appraisal section of the report. Page 86 of 188
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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 completed Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Design and Access Statement PAC Report Ecological Impact Assessment Ecological Appraisal Ecology Tree Report Tree Report Arboricultural Impact Assessment and Method Statement Flood Risk and Drainage Assessment Transport Assessment Construction Traffic Management Plan Lighting Assessment Noise Impact Assessment Travel Plan Appraisal 56 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. Principle 57 NPF4 Policies 29: Rural development and 30: Tourism are relevant as are LDP2 Policies 8: Rural Business and Diversification and 9: Caravan Sites, Chalets and Timeshare Developments. 58 NPF4 Policy 29 advises that development proposals that contribute to the viability, sustainability and diversity of rural communities and local rural economy will be supported. It further advises that development proposals in rural areas should be suitably scaled, sited and designed to be in keeping with the character Page 87 of 188
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of the area. They should also consider how the development will contribute towards local living and take into account the transport needs of the development as appropriate for the rural location. 59 NPF4 Policy 30 offers considerable support for new tourist accommodation. It sets out that proposals for tourism related development will take into account factors such as the contribution made to the local economy; compatibility with the surrounding area and impacts on communities, along with sustainable principles and consideration of the natural environment. 60 This proposal is a tourism related development. LDP2 Policy 8: Rural Business & Diversification supports such proposals when they improve the quality of existing visitor facilities. Sites outwith settlements may be acceptable where they offer opportunities to diversify an existing business, or are related to an existing site- specific resource or opportunity. The proposal will comply with Policy 8 criteria (a) as it will contribute to the local economy through the provision of permanent employment, visitor accommodation, additional tourism and recreational facilities. 61 LDP2 Policy 9: Caravan Sites, Chalets and Timeshare Developments generally supports the improvement of existing holiday-related uses. Policy 9C states that “the Council will give favourable consideration to new chalet and timeshare/fractional ownership developments where it is clear these cannot be used as permanent residences”. 62 Overall, NPF4 and LDP2 policies are generally supportive of the proposal as the intensification of an existing tourist facility. Therefore, the development proposals are acceptable in principle, subject to compliance with other relevant development plan policies and material considerations, which are assessed below. Design, Layout and Landscape 63 NPF4 Policy 14: Design, Quality and Place and LDP2 Policy 1: Placemaking are relevant in the consideration of the design and layout of the proposal. In addition, NPF4 Policy 4: Natural Places, advises that development proposals that affect a site designated as a local nature conservation site or landscape area in the LDP will only be supported where development will not have significant adverse effects on the integrity of the area or the qualities for which it has been identified. LDP2 Policy 39: Landscapes, states that development proposals will be supported where they do not conflict with the aim of maintaining and enhancing the landscape qualities of Perth and Kinross. 64 The layout of the new lodges and glamping units to be located within the central section of the site are largely guided by the existing site layout, roads and infrastructure. The lodges on the upper part of the site will require new roads and infrastructure to facilitate the additional plots. The proposed layout is typical of a holiday park development and the density is commensurate with similar operations in the locality. Page 88 of 188
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65 The design of the lodges, glamping pods and stilted accommodation is appropriate, with the generally low development heights and the extensive landscaping proposed ensuring that the proposal can be fully assimilated into the landscape. 66 The site is situated in the Loch Tay Local Landscape Area (LLA) with the boundary of Loch Rannoch and Glen Lyon National Scenic Area located approximately 800m to the north. As such, a Landscape and Visual Impact Assessment (LVIA) has been carried out. 67 Intervisibility across the wider study area is notably constrained by the site’s topography, dense tree cover both on and around the site, and extensive woodland in the broader landscape. This includes wooded areas along the southern shore of the loch, the lower slopes of the Beinn Leabhainn mountain group, and forestry plantations on the upper slopes. 68 The landscape and visual effects of the proposal are assessed as generally minor to negligible and will result in relatively minor changes to the general character of the landscape. 69 Overall, the proposal is considered to adopt good placemaking principles as the design and siting respects the character and setting with a low impact proposal. The proposed development will initially bring a modest change to the landscape setting. Over time, as the significant landscaping scheme establishes, any effects will be fully mitigated with the landscape buffer and the planting of native trees and foliage will help soften the impact of the new accommodation. Amenity 70 A lighting assessment and plan has been submitted with the application to show compliance with Environmental Zone E1: Intrinsically dark areas – National Scenic Areas, which is the correct criteria for the development. Lighting on site is to be provided through the use of Tuscan Wall lights at each unit and Ligman Bollards throughout the site. 71 Considering the proximity of residential properties outwith the ownership of the applicant, there is some potential for residential amenity to be affected by noise. However, this can be adequately controlled by way of standard noise conditions being attached to any given consent (Condition xx). A Noise Impact Assessment (NIA) and draft Noise Management Plan (NMP) have been submitted with the application. User noise, including the playing of music has been identified as having the potential to have the greatest impact on residential amenity and therefore needs to be controlled through the NMP. The NMP should be updated to include the stated site rules, contact details of management on site, allowable music noise limits and how this is monitored etc, along with the complaint action procedure referred to. 72 The Design and Access Statement refers to the use of wood burners, however these are not shown on the plans for the units. There is therefore the potential for Page 89 of 188
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smoke or odour disamenity. Environmental Health has advised that their service has seen an increase in complaints with regards to smoke and odour due to the installation of biomass appliances. This can be caused due to poor installation and maintenance of the biomass appliances and inadequate dispersion of emissions due to the inappropriate location and height of a flue with regards to surrounding buildings. The applicant should therefore ensure that any biomass systems and associated flues are adequately installed and operated correctly. Roads and Access 73 A Transport Assessment (TA), a Construction Transport Management Plan (CTMP) and a Travel Plan have been submitted in support of the application. The TA estimates that the weekday peak hour (Friday 18:00-19:00) trips associated with the accommodation only (excluding trips to the restaurant lake and education facilities) are proposed to increase from 20 two-way movements to 38 two-way movements. 74 The total weekday trips associated with the accommodation only (excluding trips to the restaurant lake and education facilities) are proposed to increase from 198 two-way movements to 383 two-way movements. 75 The weekend peak hour (Saturday 11:00-12:00) trips associated with the accommodation only (excluding trips to the restaurant lake and education facilities) are proposed to increase from 25 two-way movements to 49 two-way movements. 76 The total weekend trips associated with the accommodation only (excluding trips to the restaurant lake and education facilities) are proposed to increase from 238 two-way movements to 460 two-way movements. 77 An Automatic Traffic Counter (ATC) survey is located to the east of the site access. A Congestion Reference Flow (CRF) Assessment has been undertaken which shows that with the additional development traffic added to the peak August 2024 ATC survey, the A827 is operating at 12% capacity, therefore congestion is not expected to increase. 78 The following parking will be provided for the proposed units: Lodges and static units will have two car parking spaces per unit (total of 124 spaces) Cabins will have one car parking space per unit (total of 4 spaces) Stilted accommodation units will have two car parking spaces per unit (total of 16 spaces) Glamping units will have one car parking space per unit (total of 6 spaces) Cycle storage will be provided within each of the units. 79 Transport Planning initially had some comments on the length of the visibility splays at the site access. However, the applicant has provided further information Page 90 of 188
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on vehicle speeds on this section of the A827 and the suitability of the access for the existing site operations. The visibility splays cannot be increased without considerable tree loss, and as the road safety analysis set out within the TA provides that there is no evidence that the existing visibility splays represent a road safety issue, it is not justifiable to require their extension. Water Supply, Drainage and Flooding 80 Policy 53E: Water and Drainage (Water Supply) advises that all new developments must be served either by a satisfactory mains or private water supply, without prejudicing existing users. 81 The Environmental Health Private Water Team has advised that there are three private water supplies on the site known to serve properties in the vicinity. The applicant has not made clear if the expansion is to be served by the existing private water supplies or whether there will be new supplies. If there are to be new supplies then the Private Water Team will need to be informed and the supply registered. 82 It is recommended that a condition is imposed to ensure the new development has an adequate and consistently wholesome supply of water and to maintain water quality and supply in the interests of residential amenity and ensure the private water supply or septic drainage systems of neighbours of the development remain accessible for future maintenance. 83 A Flood Risk Assessment and Drainage Strategy (FRA) has been submitted with the application. The FRA refers to the SEPA Flood Maps, in assessing the fluvial flood risk to the site. SEPA Maps are based on a national mapping methodology and should be used as a screening tool only, rather than for assessing site specific flood risk. SEPA has advised that it appears that the fluvial flood extent flowing through the centre of the site is an overestimation and is unlikely to follow this flow path given the topography north of the A827 at the point where this flow path originates. 84 A detailed topographical survey has been provided to inform the FRA. A review of the data suggests at least a 5m vertical clearance will exist between the right- hand bank of the Allt a’ Mhoirneas watercourse and the proposed cabin layout where all the new accommodation blocks will be located. 85 Furthermore, photographic records provided by Streetmap show that the A827 road culvert that conveys the Allt a’ Mhoirneas, is a sizeable structure, which is unlikely to become blocked, given its size and the nature of vegetation located upstream and downstream. Streetmap records also suggest that the Allt a’ Mhoirneas channel is steep and incised beneath the A827. 86 As a result, SEPA has no objections to the proposal as they consider that the proposed development will not be at flood risk and is not likely to lead to increased flood risk to downstream receptors. Page 91 of 188
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87 PKC Flooding and Structures had initially sought further information from the developer in respect of drainage. This included the updating of the FRA to the climate change allowance of 39% set out in NPF4. The FRA has subsequently been updated with the correct climate change allowance. The proposal is acceptable subject to a condition requiring adherence to the mitigation measures recommended within the FRA. Conservation Considerations 88 Perth and Kinross Heritage Trust (PKHT) has advised that with respect to archaeology and the planning process, as outlined by NPF4, the proposed development does not raise any significant issues. No archaeological mitigation is required in this instance. Natural Heritage and Biodiversity 89 NPF4 Policy 3: Biodiversity and Policy 6: Forestry, Woodland and Trees are relevant considerations, as are LDP2 Policies 40: Forestry, Woodland and Trees and 41: Biodiversity are relevant in the assessment of the application. 90 A Ecological Appraisal (EA) and an Ecological Impact Assessment (EcIA) have been submitted. The loss of habitats for the scheme has been restricted largely to disturbance of modified or other lower value grasslands. The loss of these grassland areas is compensated for through the planting of trees and hedgerows and the creation of meadow habitats of higher quality (richer in native wildflower species) than the baseline habitats. The key enhancements are driven by the Landscape Strategy which seeks to provide a significant net increase in woodland cover of 40% at the site. 91 The Council will seek to protect and enhance all wildlife and habitats, whether formally designated or not, considering natural processes in the area. Planning permission will not be granted for development likely to have an adverse effect on protected species unless clear evidence can be provided that the ecological impacts can be satisfactorily mitigated. An existing washroom and stables were originally proposed to be converted to additional holiday accommodation. However, they require to be surveyed for bats. It is not possible to undertake the necessary surveys outwith the active season (May – August), and as a result these buildings have been removed from the proposal and will be subject to a separate application. 92 A Tree Survey and an Arboricultural Impact Assessment, Method Statement, and Tree Protection Plan have been submitted. The only tree identified for removal is a semi-mature Common Beech, which is required to facilitate the proposed layout. Its removal is considered acceptable given the overall design and the extensive new tree planting scheme proposed across the site, which will provide a net gain in both canopy cover and long-term arboricultural value. 93 Conditions are required for an Invasive Non-Native Species Control Plan (INNS) for the eradication and control of rhododendron, a detailed landscaping planand Page 92 of 188
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a Site Biodiversity Action Plan containing quantities, locations, techniques, timescales, and monitoring arrangements of biodiversity enhancement measures. Developer Contributions 94 None required. Economic Impact 95 Tourism is an important mechanism for delivering sustainable growth for both the local and national economy. It supports local communities by making local shops, services and transport connections economically viable and encourages the development of local products and services and provides both direct and indirect employment opportunities. The existing Loch Tay Highland Lodges site is well established and already makes a contribution to both the local economy and general vitality of the area. 96 A review on the current holiday market for Scottish breaks reports that staycations in Scotland have increased by 47% year-on-year, however that includes pandemic years. When compared prior to the pandemic, growth has remained a substantial increase of 32% since 2019. The applicants have advised that since acquiring the site in 2022, they have instigated an extensive refurbishment programme of the site’s facilities. This proposal is intended to deliver additional investment and growth of the site, thereby allowing it to remain a commercially viable and competitive tourism facility, whilst encouraging visitors to return in the site and wider area longer-term. 97 The site currently employs 17 full time equivalent (FTE) staff in total. It is envisaged that going forward the proposals would generate an additional 8-10 FTE employment opportunities at the site. 98 During the construction period, jobs will be created and sustained, supporting indirect employment and revenue that this volume of construction activity will generate from employees spending on local goods and services. Longer term, additional residents to the area will support existing local employment and services in the area. Variation of Application Under Section 32A 99 No variations undertaken. Planning Obligations and Legal Agreements 100 None required. Page 93 of 188
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Direction By Scottish Ministers 101 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 102 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for approval subject to the following conditions. Recommendation Approve subject to the following conditions: Conditions and Reasons for Recommendation General 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The development hereby approved shall be used solely for holiday accommodation and shall not be occupied as the sole or main residence of any occupant. Reason - In order to clarify the terms of the permission; to control and restrict the use of the building. 3. Prior to the commencement of development of any of the stilted accommodation units, detailed designs of the units will be submitted to the Council as Planning Authority for written approval. The stilted accommodation units will subsequently be built in compliance with the approved plans. Reason - In order to ensure the stilted accommodation units are of an appropriate scale and design. Page 94 of 188
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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 neighbouring residential amenity in the area. 5. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In order to safeguard the neighbouring residential amenity in the area. 6. 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. The above shall be implemented throughout the construction stage of the development unless otherwise agreed in writing with the Council as Planning Authority and Environmental Health. Reason - In order to safeguard the neighbouring residential amenity in the area. 7. Prior to the development being brought into use, an updated Noise Management Plan shall be submitted for the written approval of the Council as Planning Authority. The plan shall include all sources of noise associated with the premise, including user noise and the measures that will be put in place to minimise and/or control noise. The plan shall be reviewed on a regular basis or, following receipt of a justified complaint or at the request of the planning authority. Once the Noise Management Plan has been approved, it shall be fully implemented for the lifetime of the development. Reason - In order to safeguard the neighbouring residential amenity in the area. 8. Prior to the commencement of the development hereby approved, details of the location and measures proposed for the safeguarding and continued operation, or replacement, of any septic tanks and soakaways, private water sources, private water supply storage facilities and/or private water supply pipes serving properties in the vicinity, sited within and running through the application site, shall be submitted to and approved in writing by the Council as Planning Authority. The subsequently agreed protective or replacement measures shall be put in place prior to the development being brought into use and shall thereafter be so maintained insofar as it relates to the development hereby approved. Reason - In order to protect private water supplies within and nearby the development. Page 95 of 188
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Transport 9. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: (a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; (b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; (c) a code of conduct for HGV drivers to allow for queuing traffic to pass; (d) arrangements for liaison with the Roads Authority regarding winter maintenance; (e) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; (f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; (g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; (h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; (i) details of information signs to inform other road users of construction traffic; (j) arrangements to ensure that access for emergency service vehicles are not impeded; (k) co-ordination with other significant developments known to use roads affected by construction traffic; (l) traffic arrangements in the immediate vicinity of temporary construction compounds; (m) monitoring, reporting and implementation arrangements; (n) arrangements for dealing with non-compliance; and (o) details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management. Biodiversity 10. Prior to the commencement of development, a detailed Drainage Strategy shall be submitted to the Council as Planning Authority for written approval. The Drainage Strategy will include details as to how it will mitigate any significant effects on the River Tay Special Area of Conservation, and particularly its Atlantic Salmon interest. Following approval the Drainage Strategy will be fully adhered to. Page 96 of 188
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Reason - In order to protect the integrity of the River Tay Special Area of Conservation. 11. Prior to the commencement of development, a Construction Method Statement shall be submitted for approval. The Method Statement will include details as to how it will mitigate any significant effects on the River Tay Special Area of Conservation, and particularly its Atlantic Salmon interest. Following approval the Method Statement will be fully adhered to during the entirety of the construction phase. Reason - In order to protect the integrity of the River Tay Special Area of Conservation. 12. Prior to the completion or occupation of the development hereby approved, A Site Biodiversity Plan shall be submitted to the Council as Planning Authority for written approval containing quantities, locations, techniques, timescales, and monitoring arrangements of biodiversity enhancement measures. Thereafter, the agreed scheme shall be implemented in full and, where necessary, maintained in a reasonable condition for the life of the development. Reason - In the interests of biodiversity and to protect environmental quality. Trees 13. Prior to the commencement of the development hereby approved, a detailed landscaping and planting scheme for the site shall be submitted to the Council as Planning Authority for approval. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and installation methods and, species, height, size and density of trees and shrubs to be planted. The scheme as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained to a satisfactory standard. Reason - To ensure a satisfactory standard of development and environmental quality. 14. Prior to the commencement of development, an Arboricultural Method Statement shall be submitted to the Council as Planning Authority for written approval. The Method Statement will include details of all tree planting proposals across the site, as well as any management of existing trees including felling, management and control of Invasive Non-Native Species, root protection areas and tree protection fencing. Thereafter, the agreed scheme shall be implemented in full for the life of the development. Page 97 of 188
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Reason - In order to ensure that tree planting and tree protection measures are appropriately implemented as part of the development. 15. Prior to the commencement of development, an Arboricultural Clerk of Works (ACW) will be appointed in agreement with the Council as Planning Authority. The ACW will oversee the implementation of the Arboricultural Method Statement as well as lodge siting, the accurate setting out of root protection areas and tree protection fencing and will provide supervision during works within or near root protection areas. The ACW shall visit the site at least once every 3 weeks during the construction period and shall report findings to the Council as Planning Authority in writing within 7 days of each visit. Reason - To ensure compliance with best practice and safeguarding of tree health throughout the construction phase. Flooding and Drainage 16 A four-metre easement free from development along the side of Allt a’ Mhoirneas will be maintained at all times to allow access for inspection and maintenance of the watercourse and the A827 culvert. Reason - To allow for appropriate future maintenance of the watercourse. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013, as amended. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: Page 98 of 188
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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. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 6. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 7. Part of the approved development includes holiday accommodation or Short-term Let accommodation (STL). The developer is advised that holiday accommodation and STLs require to be licensed under the terms of Article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-terms Lets) Order 2021 and therefore a licence application should be made to Perth and Kinross Council prior to operation commencing. Further information and application forms are available at https://www.pkc.gov.uk/shorttermlets. 8. Records indicate that at least part of the proposed development site lies within a radon affected area where the measurement/monitoring of radon gas and the installation of mitigation measures may be required. Further information on radon gas and the associated reports that can be obtained is available at www.ukradon.org and at http://shop.bgs.ac.uk/georeports/. 9. Part of the approved development includes 'caravans'. The developer is advised that caravans require to be licensed under the terms of Section 1 of the Caravan Page 99 of 188
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Sites and Control of Development Act 1960 and therefore a licence application should be made to Environmental Health. Application forms are available at https://www.pkc.gov.uk/article/15600/Licence-caravan-site 10. The approved stove systems shall be installed and thereafter operated and maintained in accordance with the manufacturer’s recommendations, such that smoke/odours are not exhausted into or escape into any neighbouring dwellings. Failure to do so may result in an investigation and possible action by Environmental Health under the Environmental Protection Act 1990. 11. The applicant should ensure that any existing wayleaves for maintenance or repair to existing private water supply or septic drainage infrastructure in the development area are honoured throughout and after completion of the development. 12. The applicant shall ensure the private water supply for the development complies with the Water Scotland Act 1980 (Section 63), The Private Water Supplies (Scotland) Regulations 2006 and The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. Detailed information regarding the private water supply, including the nature, location and adequacy of the source, any storage tanks/ pipework and the filtration and disinfection treatment proposed to ensure provision of an adequate and consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above Act and Regulations. 13. A review of the proposed development site did not raise any real concerns, although historical mapping indicates that the proposed development is within the immediate vicinity of a former limekiln as well as an area of infilled land to the south of the site, both of which may have resulted in contamination in the vicinity of the site. Should any contamination be found during the approved works, works should cease, and the Land Quality team should be contacted on 01738 475000 or ContaminatedLand@pkc.gov.uk for further advice. Background Papers Letters of representation 14 Authors Name Designation Contact Details Alex Gudgeon Planning Officer (Major Team) developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 26 January 2026 Page 100 of 188
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¯ © Crown copyright [and database rights] [2026] OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 11 February 2026 25/00685/FLM Formation of extension to existing holiday park comprising siting of 62 holiday accommodation lodges and 6 holiday accommodation glamping pods; erection of 4 holiday accommodation cabins and 8 stilted holiday accommodation units; erection of rangers' classroom and a covered learning structure; alterations and change of use of washroom to holiday accommodation unit; alterations and change of use of stables to 3 holiday accommodation units; alterations to reception building, pier, vehicle parking, footpaths and associated works at Loch Tay Highland Lodges, Killin Scale 1:25,000 5(2)(i) Page 103 of 188
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¯ © Crown copyright [and database rights] [2026] OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 11 February 2026 25/00685/FLM Formation of extension to existing holiday park comprising siting of 62 holiday accommodation lodges and 6 holiday accommodation glamping pods; erection of 4 holiday accommodation cabins and 8 stilted holiday accommodation units; erection of rangers' classroom and a covered learning structure; alterations and change of use of washroom to holiday accommodation unit; alterations and change of use of stables to 3 holiday accommodation units; alterations to reception building, pier, vehicle parking, footpaths and associated works at Loch Tay Highland Lodges, Killin Scale 1:10,000 5(2)(i) Page 105 of 188
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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 5(2)(ii) Page 107 of 188
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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; Page 108 of 188
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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. Page 109 of 188
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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 Page 110 of 188
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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, Page 111 of 188
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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) Page 112 of 188
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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 Page 113 of 188
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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. Page 114 of 188
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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 Page 115 of 188
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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. Page 116 of 188
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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. Page 117 of 188
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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 Page 118 of 188
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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. Page 119 of 188
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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 Page 120 of 188
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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 Page 121 of 188
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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 122 of 188
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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 Page 123 of 188
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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. Page 124 of 188
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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. Page 125 of 188
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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 126 of 188
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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. Page 127 of 188
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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 Page 128 of 188
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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. Page 129 of 188
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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. Page 130 of 188
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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 131 of 188
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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 132 of 188
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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 133 of 188
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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 Page 134 of 188
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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 135 of 188
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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. Page 136 of 188
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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 137 of 188
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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. Page 138 of 188
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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. Page 139 of 188
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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 140 of 188
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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 141 of 188
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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 142 of 188
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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. Page 143 of 188
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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 144 of 188
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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 145 of 188
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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. Page 146 of 188
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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 Page 147 of 188
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Ü 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 on land at Newbiggin Farm, Kinclaven 25/00824/FLM Scale 1:25,000 Planning and Placemaking Committee - 11 February 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(ii) Page 149 of 188
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Ü 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 on land at Newbiggin Farm, Kinclaven 25/00824/FLM Scale 1:10,000 Planning and Placemaking Committee - 11 February 2026 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(ii) Page 151 of 188
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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. 26/41) Proposal: Siting of caravan for a temporary period (in retrospect) Location: Equine Unlimited, Dungarthill, Dunkeld, PH8 0JF Ref. No: 25/00725/FLL Ward No: P5 - Strathtay Summary This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. Background and Description of Proposal 1. The proposal is in retrospect and relates to the continued siting of a static caravan unit on land associated with the applicant’s business activities, known as “Equine Unlimited”. 2. The overall land holding extends to around 12 hectares in size and includes pockets of native woodland, grazing fields, exercise paddocks, a Dutch style barn unit, smaller outbuildings utilised for storage/holiday accommodation purposes, together with the caravan unit under consideration. 3. The land previously formed part of the original policies of Dungarthill House and is set in a picturesque countryside location to the north of the River Tay and it’s Special Area of Conservation, approximately midway between the settlements of Dunkeld and Caputh. 4. Access is via the private shared track that links onto the A984 public road which is set at a lower level that the site. The access forms part of the adopted core path network (SPIT/126) and serves multiple residential properties and a range of rural uses within both the immediate area and surrounding hills. 5. Permission was granted in 2022 (in part retrospect) for the part change of use of an agricultural building to form stables, the siting of a temporary caravan, the 5(3)(i) Page 153 of 188
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creation of 2 camping pods/holiday accommodation units and formation of an equestrian centre – 21/00700/FLL refers. 6. The previous committee report acknowledged the need for full-time residential accommodation at the site in order to provide a suitable base to run the business from and to assist with livestock welfare and management. As no detailed house plans were provided, temporary permission was granted for the static caravan to enable the business to develop and allow a further opportunity to bring forward proposals for a more permanent means of habitation. That temporary permission expired on 28 February 2025. 7. A planning application for the erection of a house was submitted in April 2025 - 25/00614/FLL refers. Unfortunately progress of the application was impeded, necessitating extensions to the normal determination period. The need for specialist surveys, together with the personal circumstances of the applicant, in addition to the time sensitive nature of securing and assessing outstanding information before the festive period, resulted in the house proposal being withdrawn in December 2025. 8. It is understood that a new planning application for a dwellinghouse is likely to be re-submitted in early Spring, following receipt and collation of additional information from external sources. 9. A further temporary period of extension to enable the caravan to remain on site is considered appropriate and beneficial in this instance. Site History 10. 20/01099/FLL Full Planning Permission on 17 March 2021 for erection of a dwellinghouse, change of use from agricultural buildings to form a holiday accommodation unit and stables, formation of equestrian business comprising outdoor riding arena(s), tracks and associated works (in part retrospect) 11. 21/00700/FLL Full Planning Permission was approved on 17 February 2022 for part change of use from agricultural building to form stables, siting of a temporary caravan, 2 camping pods/holiday accommodation units and formation of equestrian centre comprising outdoor riding arena, boundary treatments and associated works (in part retrospect) 12. 25/00614/FLL Full Planning Permission application was withdrawn on 22 December 2025 for erection of a dwellinghouse 13. 25/00893/FLL Full Planning Permission was refused on 22 August 2025 for erection of recreational hut, formation of access road and associated works. Pre-Application Consultation 14. Pre application Reference: 24/00099/PREAPL Page 154 of 188
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15. The proposed development is not classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was not required to undertake not any formal pre-application consultation with the local community. Development Plan 16. 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 17. The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve people’s lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 18. The Council’s assessment of this application has considered the following policies of NPF4: Policy 1: Tackling the climate & nature crises Policy 2: Climate mitigation & adaption Policy 3: Biodiversity Policy 4: Natural Places Policy 5: Soils Policy 6: Forestry, woodland & trees Policy 13: Sustainable travel Policy 14: Design, quality & place Policy 17: Rural homes Policy 18: Infrastructure first Policy 22: Flood risk & water management Policy 29: Rural development Perth and Kinross Local Development Plan 2019 19. The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 20. The principal relevant policies are, in summary; Policy 1A: Placemaking Policy 1B: Placemaking Policy 5: Infrastructure Contributions Policy 8: Rural Business and Diversification Policy 15: Public Access Page 155 of 188
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Policy 19: Housing in the Countryside Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 53E: Water Environment and Drainage: Water Supply Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 21. Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) Supplementary Guidance - Housing in the Countryside (adopted in 2020) Supplementary Guidance - Landscape (adopted in 2020) Supplementary Guidance - Placemaking (adopted in 2020) Other Material Considerations PKC Non Statutory Guidance 22. Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC Planning Guidance - Planning & Biodiversity Planning Guidance - Ancillary & Annex Accommodation Supplementary Guidance - Renewable & Low Carbon Energy (draft) National Guidance 23. 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 24. The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: Creating Places 2013 25. Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Page 156 of 188
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National Roads Development Guide 2014 26. This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. Consultations 27. As part of the planning application process the following bodies were consulted: External 28. Scottish Water - no objections raised, informative added. Internal 29. Transportation & Development - no objections, subject to the core path remaining open. 30. Structures & Flooding - no objections, informative added. 31. Environmental Health (Private Water) - no objections, informatives added. Representations 32. 16 representations were received from 10 households. The main issues raised within the representations are: Unauthorised nature of development Lack of enforcement action to remove caravan or tidy site Adverse visual and landscape impacts Lack of business justification or need Lack of a landscape framework Incompatibility with development plan policies Setting precedent and circumventing policy Breach of title restrictions No drainage details 33. The valid issues raised are addressed within the Appraisal section of the report. Points of a private legal nature, outwith the scope of the Planning Authority, or procedures associated with the discretionary nature of enforcement or pragmatic action taken by officers are not relevant to the determination of the application under consideration. Page 157 of 188
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Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal Appropriate Assessment not required Design Statement or Design and Access Statement Not required Report on Impact or Potential Impact eg Flood Risk Assessment Not required Appraisal 34. Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance, as identified elsewhere in the report. Principle 35. The principle of the business development as exists on site, has been established via the previous consent - 21/00700/FLL, which acknowledged the equestrian use is ideally compatible with a rural location. The assessment in this instance is therefore solely focused on the continued acceptability of the caravan remaining in-situ, to allow the applicant to live on-site for a further temporary period of time. 36. The applicant requires the accommodation to directly manage and run the equestrian related business activities undertaken at/from the site. As an interim measure, additional time is needed to conclude matters associated with detailed scheme envisaged to be submitted, to replace the temporary caravan accommodation. Supporting information will be required to be included that demonstrates - beyond doubt, that there is a continued justification for a permanent dwelling unit at this location to house an essential worker. 37. As noted in the previous committee report, the Housing in the Countryside Policy and associated supplementary guidance does allow support of new housing outwith settlements, where it is considered justified and related to an economic activity. In this instance the applicant has been unable to secure detailed consent for a dwellinghouse within the prescribed timeframe and now needs to regularise matters in respect of the lapsed temporary caravan permission. Page 158 of 188
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38. Given the background circumstances it is not unreasonable to provide some degree of flexibility as a final opportunity to positively move matters forward for the benefit of the operator and wider area. The proposal is accordingly recommended for approval for a further period of 18 months. This is less than the 36 months being sought but should allow sufficient scope to proceed, whilst signalling there is an urgency to finalise matters, as no further extensions of time to site the caravan are likely to be supported. 39. It should be noted that a further approval of planning permission does not however raise any significant issues in terms of the ongoing principle of development being compatible with LDP2 Policies 8: Rural Business and Diversification or 19: Housing in the Countryside. A robust and professional supporting business case will require to be provided for future scrutiny, as an integral part of any follow-up house submission. This should evidence that the business model started, remains viable and is envisaged to remain so/grow in the future whilst reaffirming there remains a justification for a key worker to live permanently at the site. Design, Layout & Visual Amenity 40. Circumstances have not changed since the previous assessment. It is the same, 2 bed caravan unit which remains on site, albeit in the stipulated relocated and less intrusive position, to the southeast of the access point, set back approximately 18 metres from the Core Path. 41. It is acknowledged that the unit is somewhat jaded in appearance and inherently features a form and standard of accommodation which is generally discouraged in a rural setting and out of character with the traditional vernacular of the surrounding area. Notwithstanding, the impact of the caravan is limited to the immediate site environs and not of a scale or degree, which is considered significantly detrimental or long term in nature. 42. Land which is within separate ownership exists to the rear of the caravan and borders the core path road. It previously contained a number of trees and scrub which provided the caravan locus with some degree of borrowed landscaped containment and screening. The piecemeal removal of trees and vegetation within this area has however defaulted in the caravan now being more visually exposed. The closest residential properties, to the East are approximately 80 metres away, a distance which is generous in terms of separation and far beyond the minimum placemaking standards which seek to protect amenity levels. There is also ample opportunity for intervening landscape screening measures to be implemented, if deemed necessary by any third-party. 43. Comment has also been made about the general mess at the site and lack of good management. While this is not a bearing on the determination of the application, refusing an extension of time for the caravan is more likely to potentially make matters worse due to the lack of an on-site presence and travelling required if relocated. It should also be noted that planning permission goes with the land, and as such the personnel involved may change, as may site Page 159 of 188
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conditions - for better or worse, depending on individual perceptions and points of view. While the only way to have the security of control over land use is via ownership, there are planning conditions enforce certain aspects of the wider site development, as well as other options to explore outwith the remit of the Planning Authority. 44. Considering things in the round, a temporary planning permission is considered to accord with NPF4 Policy 14: Design, Quality and Place and LDP2 Policies 1A and 1B in respect of Placemaking. Landscape 45. Policy 39: Landscape of LDP2 requires proposals to be compatible with the landscape character of the area. Development should be a good fit with the landscape and not erode local distinctiveness or characteristic features to maintain and enhance landscape qualities. 46. This is being achieved as the caravan was relocated to where it is now sited, to take account of policy requirements, avoiding adverse impacts on surrounding local landmarks, views or skylines, thereby meeting the aims of the Tayside Landscape Character Assessment in respect of local distinctiveness. 47. As no change has occurred, the proposal remains limited in landscape impact and complies with Policy 39 of LDP2 as well as NPF4 Policy 4: Natural Places. Furthermore it is expected that a comprehensive, site wide, native landscaping plan/framework could be developed as a requirement of any future house proposal. This will help to integrate the development into the wider landscape and provide shelter and screening opportunities. Residential Amenity 48. No changes are proposed to the caravan on site. There are no nearby residential properties which would be impacted by reason of overlooking, noise, disturbance, odour or shadow cast. The development remains minor in scale and in accordance with the aims of NPF4 Policy 14: Design, Quality and Place and LDP2 Policies 1A & 1B: Placemaking. Roads and Access 49. Consultees have noted that the vehicle access to the site is proposed via an existing private access which is taken off the A984 public road and that the applicant has demonstrated the parking facilities on the site are in accordance with the National Roads Development Guide. Sufficient spaces exist for turning and manoeuvring of vehicles. Additionally, that the maintenance and upkeep of the track is a private civil matter between the parties who have access rights to the track. 50. No objections have been raised; the application is deemed to be in accordance with NPF4 Policy 13 and LDP2 Policy 60B. Page 160 of 188
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Drainage and Flooding 51. No changes are proposed to the existing private service provision which formed part of the 2001 submission. Consultees remain content that there are no implications in respect of drainage or flood risk. The development is in accordance with NPF4 Policy 22 and LDP2 Policies 52 and 53. 52. In respect of the private water supply, it is understood that it is non-regulated in nature and does not require any regular or routine sampling by the Local Authority Water Team. An informative has been recommended in the event of connection changes. Waste Collection 53. The application raises no issues in respect of waste collection, given the presence of the unit on site and continuation of arrangements in place. Natural Heritage, Biodiversity, Trees and Landscaping 54. NPF4 Policy 3: Biodiversity and LDP2 Policy 41: Biodiversity seek to protect and enhance all wildlife and wildlife habitats whether or not formally designated, and promote biodiversity enhancement. NPF4 Policy 6: Forestry, Woodland and Trees and LDP2 Policy 40B: Trees, Woodland and Development seek to protect, expand and enhance tree cover and woodland, including Ancient Woodland. 55. This proposal does not raise any adverse or long term implications. Comment has been made about the lack of landscape implementation at the site. While trees were shown on an approved layout plan, no associated specification exists, nor is there an enforceable condition with timescales for planting. Irrespective, a more comprehensive landscaping arrangement will require to be prepared for the wider site as part of any future detailed house proposal. This could benefit the applicant in terms of privacy, as well as the local area via establishing a natural buffer which will also enhance biodiversity levels. Developer Contributions 56. The Developer Contributions Supplementary Guidance is not applicable to this application and therefore no contributions are required in this instance. However, it should be highlighted that any future proposals for a permanent house will be subject to assessment against the Developer Contributions and Affordable Housing Supplementary Guidance 2020, with particular regard to education infrastructure. Economic Impact 57. Approval will help assist with the development of the business on-site and provide sufficient time to gather information to verify the viability of the wider operations. Page 161 of 188
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Variation Of Application Under Section 32A 58. No variations have occurred. Further information was received to clarify land ownership and rights of access to the site. This did not require any readvertisement or renotification of third-parties. Planning Obligations and Legal Agreements 59. None required. Direction By Scottish Ministers 60. 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 61. To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly the proposal is recommended for approval subject to the following conditions. Recommendation Approve the application subject to the following conditions: Conditions and Reasons for Recommendation 1. The caravan is approved for a temporary period only until 31 August 2027. Upon expiry of this temporary period the caravan shall be removed from the site and the site returned to its original condition to the satisfaction of the Council as Planning Authority. Reason - In view of the temporary nature of the caravan and to enable the Planning Authority to review the circumstances pertaining to the proposal within a reasonable period of time. 2. The core path which forms part of the access track to the site must not be obstructed during building works or on completion. Any damage done to the core path and associated signage during building works shall be made good before occupation of the dwellinghouse. Any temporary restrictions to public access required to facilitate works on site must be agreed in writing first with the Access Officer. Page 162 of 188
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Reason - In the interests of public access along the core path. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None Informatives 1. Records indicate that at least part of the proposed development site lies within a radon affected area where the measurement/monitoring of radon gas and the installation of mitigation measures may be required. Further information on radon gas and the associated reports that can be obtained is available at www.ukradon.org and at http://shop.bgs.ac.uk/georeports/. 2. 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. 3. The applicant should ensure that any existing wayleaves for maintenance or repair to existing private water supply or septic drainage infrastructure in the development area are honoured throughout and after completion of the development. 4. The applicant shall ensure the private water supply for the dwellinghouse/ development complies with the Water Scotland Act 1980 (Section 63), The Private Water Supplies (Scotland) Regulations 2006 and The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. Detailed information regarding the private water supply, including the nature, location and adequacy of the source, any storage tanks/ pipework and the filtration and disinfection treatment proposed to ensure provision of an adequate and consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above Act and Regulations. Background Papers Letters of representation 16 Authors Name Designation Contact Details Alma Bendall Planning Officer developmentmanagement@pkc.gov.uk Page 163 of 188
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Approved Name Designation Date Paul Williamson Team Leader (Local Developments) 27 January 2026 Page 164 of 188
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Ü Siting of caravan for a temporary period (in retrospect), Equine Unlimited, Dungarthill Dunkeld 25/00725/FLL Scale 1:25,000 Planning and Placemaking Committee - 11 February 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(3)(i) Page 165 of 188
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Ü Siting of caravan for a temporary period (in retrospect), Equine Unlimited, Dungarthill Dunkeld 25/00725/FLL Scale 1:10,000 Planning and Placemaking Committee - 11 February 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(3)(i) Page 167 of 188
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Perth and Kinross Council Planning and Placemaking Committee - 11 February 2026 Pre-Application Report by Development Management and Building Standards Service Manager (Report No. 26/42) Proposal: Residential development comprising flatted blocks, installation of SUDS, landscaping and associated works Location: Perth Leisure Pool, Glasgow Road, Perth, PH2 0HZ Ref. No: 25/00016/PAN Ward No: P10 - Perth City South Summary This report is to inform the Committee of a potential forthcoming planning application in respect of a major development for a residential development comprising flatted blocks, installation of SUDS, landscaping and associated works at Perth Leisure Pool, Glasgow Road, Perth, PH2 0HZ. The report also aims to highlight the key planning policies and the likely stakeholders who would be involved in the decision making process, and to offer a brief overview of the key planning issues which are likely to be relevant to the proposal. Background and Description 1. In accordance with the provisions of the Town & Country Planning (Scotland) Act 1997 (as amended), the applicants submitted a Proposal of Application Notice (PoAN) on 10 December 2025. The purpose of this report is to inform the Planning and Placemaking Committee of a forthcoming planning application in respect of a major development for a residential development comprising flatted blocks, installation of SUDS, landscaping and associated works at Perth Leisure Pool, Glasgow Road, Perth, PH2 0HZ. Pre-application reports give the Committee an opportunity to raise issues which it would like to see addressed in the planning application. The pre-application process is not intended to discuss the Council’s wider plan to redevelop Perth Leisure Pool, and is instead to consult on the proposed redevelopment of the site as per the aforementioned description. 2. This PoAN seeks to formally establish a major development. The exact range of uses, scale and design of the development will be arrived at during pre- application discussions. 6(i) Page 169 of 188
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Environmental Impact Assessment (Eia) 3. Due to the scale of the proposal it will require to be screened as to whether the proposal is an EIA development under the EIA 2017 Regulations. A screening request is required to be submitted by the applicant. Pre-Application Process 4. The PoAN (reference 25/00016/PAN) confirmed that two public exhibitions will be held at Christian Outreach Centre, Riggs Road, Perth, PH1 1PR. The Ward Councillors, MSP and MP have been notified. There is currently no active Community Council serving this area. The results of the community consultation will be submitted with the planning application as part of the required Pre-Application Consultation (PAC) Report. Development Plan 5. The Development Plan for the area comprises National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2 (2019) (LDP2). National Planning Framework 4 6. The National Planning Framework 4 (NPF4) is the Scottish Government’s long-term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve people’s lives by making sustainable, liveable and productive spaces. 7. NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 8. The Council’s assessment of this application has considered the following policies of NPF4: Policy 1: Tackling the Climate and Nature Crisis Policy 2: Climate Mitigation and Adaptation Policy 3: Biodiversity Policy 4: Natural Places Policy 6: Forestry, Woodland and Trees Policy 7: Historic Assets and Places Policy 13: Sustainable Transport Policy 14: Design, Quality and Place Policy 15: Local Living and 20 Minute Neighbourhoods Policy 16: Quality Homes Policy 18: Infrastructure First Policy 19: Heating and Cooling Policy 20: Blue and Green Infrastructure Policy 21: Play, Recreation and Sport Policy 22: Flood Risk and Water Management Policy 26: Business and Industry Policy 27: City, Town, Local and Commercial Centres Page 170 of 188
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Perth and Kinross Local Development Plan 2019 9. The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. The principal relevant policies are, in summary: Policy 1A: Placemaking Policy 1B: Placemaking Policy 2: Design Statements Policy 3: Perth City Policy 4: Perth City Transport and Active Travel Policy 5: Infrastructure Contributions Policy 6: Settlement Boundaries Policy 7B: Employment and Mixed Used Areas: Mixed Use Sites Policy 10: City, Town and Neighbourhood Centres Policy 14B: Open Space Retention and Provision: Open Space within New Developments Policy 15: Public Access Policy 16: Social, Cultural and Communities Facilities Policy 17: Residential Areas Policy 20: Affordable Housing Policy 22: Particular Needs Housing Accommodation Policy 23: Delivery of Development Sites Policy 24: Maintaining an Effective Housing Land Supply Policy 25: Housing Mix 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 34A: Sustainable Heating & Cooling: Heat Networks, Major Development and LDP Site Allocations Policy 38A: Environment and Conservation: International Nature Conservation Sites Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity Policy 42: Green Infrastructure Policy 47: River Tay Catchment Area Policy 52: New Development and Flooding Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 53E: Water Environment and Drainage: Water Supply Policy 55: Nuisance from Artificial Light and Light Pollution Policy 56: Noise Pollution Policy 57: Air Quality Policy 58A: Contaminated and Unstable Land: Contaminated Land Page 171 of 188
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Policy 60A: Transport Standards and Accessibility Requirements: Existing Infrastructure Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 10. Supplementary Guidance - Air Quality (adopted in 2020) Supplementary Guidance - Delivering Zero Waste (adopted in 2020) Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2020) Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) Supplementary Guidance - Placemaking (adopted in 2020) PKC Non-Statutory Guidance 11. The following non statutory guidance and documents are of particular importance in the assessment of this application: Planning Guidance - Delivery of Development Sites Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC Planning Guidance - Planning & Biodiversity NATIONAL GUIDANCE 12. The Scottish Government expresses its planning policies and guidance through the National Planning Framework, Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. Planning Advice Notes 13. The following Scottish Government Planning Advice Notes are likely to be of relevance to the proposal: PAN 1/2011 Planning and Noise Planning Site History 14. 89/00540/FUL Full Planning Permission was approved on 16 June 1989 for Erection of external air handling unit Page 172 of 188
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Consultations 15. As part of the planning application process the following would be consulted: External NatureScot Scottish Water Historic Environment Scotland (HES) Perth and Kinross Heritage Trust (PKHT) Health and Social Care Partnership (HSCP) National Health Service (NHS) Network Rail Internal Environmental Health (Noise/Odour) (Contaminated Land) Development Plans Development Contributions Officer Transportation and Development Structures and Flooding Waste Services Biodiversity Officer Economic Development Affordable Housing Key Issues Against Which a Future Application Will Be Assessed 16. The key considerations against which the eventual application will be assessed include: a. Visual Impact b. Scale, Design and Layout c. Relationship to Nearby Land Uses d. Natural Heritage and Ecology e. Landscape f. Water Resources and Soils g. Air Quality h. Transport Implications i. Tourism and Economy j. Impact on Agriculture k. Archaeology and Cultural Heritage Additional Statements Which Will Be Required 17. Should an EIA Report not be required the following supporting documents will need to be submitted with any planning application: Planning Statement Design and Access Statement Pre-Application Consultation (PAC) Report Page 173 of 188
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Leisure/Economic Impact Assessment Transport Assessment Construction Traffic Management Plan (CTMP) Travel Plan Flood Risk and Drainage Impact Assessment Emergency Access and Egress Assessment Construction Phase Water Management Plan Landscape and Visual Impact Assessment Tree and Woodland Survey Habitat Survey Archaeological Assessment Sustainability Assessment Air Quality Screening Assessment Ecological Impact Assessment and Biodiversity Action Plan Noise Impact Assessment Dust Risk Assessment and Dust Management Plan Conclusion and Recommendation 18. This report summarises the key issues which should be considered as part of the appraisal of any subsequent planning application which may be lodged in respect of this development and members are recommended to note these key issues and advise officers of any other issues which they consider should be included as part of the application and assessment. Authors Name Designation Contact Details Kirsty Strong Planning Support Officer developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 22 January 2026 Page 174 of 188
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Ü Residential development comprising 6 blocks of flats, installation of SUDS, landscaping and associated works at Perth Leisure Pool, Glasgow Road, Perth 25/00016/PAN Scale 1:15,000 Planning and Placemaking Committee - 11 February 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 6(i) Page 175 of 188
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Ü Residential development comprising 6 blocks of flats, installation of SUDS, landscaping and associated works at Perth Leisure Pool, Glasgow Road, Perth 25/00016/PAN Scale 1:5,000 Planning and Placemaking Committee - 11 February 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 6(i) Page 177 of 188
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Perth and Kinross Council Planning and Placemaking Committee - 11 February 2026 Pre-Application Report by Development Management and Building Standards Service Manager (Report No. 26/43) Proposal: Erection of residential care facility, community hub, staff facilities and associated works Location: Play Area, Perth Leisure Pool, Glover Street, Perth Ref. No: 25/00017/PAN Ward No: P10 - Perth City South Summary This report is to inform the Committee of a potential forthcoming planning application in respect of a major development for erection of residential care facility, community hub, staff facilities and associated works at Play Area, Perth Leisure Pool, Glover Street, Perth. The report also aims to highlight the key planning policies and the likely stakeholders who would be involved in the decision making process, and to offer a brief overview of the key planning issues which are likely to be relevant to the proposal. Background and Description 1. In accordance with the provisions of the Town & Country Planning (Scotland) Act 1997 (as amended), the applicants submitted a Proposal of Application Notice (PoAN) on 10 December 2025. The purpose of this report is to inform the Planning and Placemaking Committee of a forthcoming planning application in respect of a major development for erection of residential care facility, community hub, staff facilities and associated works at Play Area, Perth Leisure Pool, Glover Street, Perth. Pre-application reports give the Committee an opportunity to raise issues which it would like to see addressed in the planning application. The pre-application process is not intended to discuss the Council’s wider plan to redevelop Perth Leisure Pool, and is instead to consult on the proposed redevelopment of the site as per the aforementioned description. 2. This PoAN seeks to formally establish a major development. The exact range of uses, scale and design of the development will be arrived at during pre- application discussions. Environmental Impact Assessment (EIA) 3. Due to the scale of the proposal it will require to be screened as to whether the proposal is an EIA development under the EIA 2017 Regulations. It is 6(ii) Page 179 of 188
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noted that a screening opinion has already been provided, reference 25/01043/SCRN, and is not subject of an EIA development. Pre-Application Process 4. The PoAN (reference 25/00017/PAN) confirmed that two public exhibitions will be held at Christian Outreach Centre, Riggs Road, Perth, PH1 1PR. The first event on 18th February 2026 between 4pm and 7pm and the second event on 11 March 2026 between 4pm and 7pm. The Ward Councillors, MSP and MP have been notified. There is currently no active Community Council in this area. The results of the community consultation will be submitted with the planning application as part of the required Pre-Application Consultation (PAC) Report. Development Plan 5. The Development Plan for the area comprises National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2 (2019) (LDP2). National Planning Framework 4 6. The National Planning Framework 4 (NPF4) is the Scottish Government’s long-term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve people’s lives by making sustainable, liveable and productive spaces. 7. NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 8. The Council’s assessment of this application has considered the following policies of NPF4: Policy 1: Tackling the Climate and Nature Crisis Policy 2: Climate Mitigation and Adaptation Policy 3: Biodiversity Policy 4: Natural Places Policy 6: Forestry, Woodland and Trees Policy 7: Historic Assets and Places Policy 13: Sustainable Transport Policy 14: Design, Quality and Place Policy 15: Local Living and 20 Minute Neighbourhoods Policy 16: Quality Homes Policy 18: Infrastructure First Policy 19: Heating and Cooling Policy 20: Blue and Green Infrastructure Policy 21: Play, Recreation and Sport Policy 22: Flood Risk and Water Management Policy 26: Business and Industry Policy 27: City, Town, Local and Commercial Centres Page 180 of 188
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Perth and Kinross Local Development Plan 2019 9. The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 10. The principal relevant policies are, in summary: Policy 1A: Placemaking Policy 1B: Placemaking Policy 1C: Placemaking Policy 1D: Placemaking Policy 2: Design Statements Policy 3: Perth City Policy 4: Perth City Transport and Active Travel Policy 5: Infrastructure Contributions Policy 6: Settlement Boundaries Policy 7B: Employment and Mixed Used Areas: Mixed Use Sites Policy 10: City, Town and Neighbourhood Centres Policy 11: Perth City Centre Secondary Uses Area Policy 14A: Open Space Retention and Provision: Existing Areas Policy 14B: Open Space Retention and Provision: Open Space within New Developments Policy 15: Public Access Policy 16: Social, Cultural and Communities Facilities Policy 17: Residential Areas Policy 22: Particular Needs Housing Accommodation Policy 23: Delivery of Development Sites Policy 26B: Scheduled Monuments and Archaeology: Archaeology Policy 31: Other Historic Environment Assets Policy 34A: Sustainable Heating & Cooling: Heat Networks, Major Development and LDP Site Allocations Policy 38A: Environment and Conservation: International Nature Conservation Sites Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity Policy 42: Green Infrastructure Policy 47: River Tay Catchment Area Policy 52: New Development and Flooding Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 53E: Water Environment and Drainage: Water Supply Policy 55: Nuisance from Artificial Light and Light Pollution Policy 56: Noise Pollution Policy 57: Air Quality Policy 58A: Contaminated and Unstable Land: Contaminated Land Page 181 of 188
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Policy 60A: Transport Standards and Accessibility Requirements: Existing Infrastructure Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 11. Supplementary Guidance - Air Quality (adopted in 2020) Supplementary Guidance - Delivering Zero Waste (adopted in 2020) Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2020) Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) Supplementary Guidance - Placemaking (adopted in 2020) Other Policies 12. The following non statutory guidance and documents are of particular importance in the assessment of this application: Planning Guidance - Delivery of Development Sites Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC Planning Guidance - Planning & Biodiversity National Guidance 13. The Scottish Government expresses its planning policies and guidance through the National Planning Framework, Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. Planning Advice Notes 14. The following Scottish Government Planning Advice Notes are likely to be of relevance to the proposal: PAN 1/2011: planning and noise Planning Site History 15. 25/01043/SCRN - on 17 July 2025 for Erection of a residential care home and community hub, formation of parking areas and associated landscaping Page 182 of 188
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Consultations 16. As part of the planning application process the following would be consulted: External Scottish Environment Protection Agency (SEPA) NatureScot Scottish Water Historic Environment Scotland (HES) Perth and Kinross Heritage Trust (PKHT) Health and Social Care Partnership (HSCP) National Health Service (NHS) Network Rail Internal Environmental Health (Noise/Odour) (Contaminated Land) Development Plans Developer Contributions Officer Community Greenspace including Access Transportation and Development Structures and Flooding Economic Development Waste Services Biodiversity Officer Key Issues Against Which A Future Application Will Be Assessed 17. The key considerations against which the eventual application will be assessed include: a. Visual Impact b. Scale, Design and Layout c. Relationship to Nearby Land Uses d. Natural Heritage and Ecology e. Landscape f. Water Resources and Soils g. Air Quality h. Transport Implications i. Tourism and Economy j. Impact on Agriculture k. Archaeology and Cultural Heritage Additional Statements Which Will Be Required 18. Should an EIA Report not be required the following supporting documents will need to be submitted with any planning application: Planning Statement Design and Access Statement Page 183 of 188
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Pre-Application Consultation (PAC) Report Leisure/Economic Impact Assessment Transport Assessment Construction Traffic Management Plan (CTMP) Travel Plan Flood Risk and Drainage Assessment Emergency Access and Agress Assessment Construction Phase Water Management Landscape and Visual Impact Assessment Tree and Woodland Survey Habitat Survey Archaeological Assessment Sustainability Assessment Air Quality Screening Assessment Ecological Impact Assessment and Biodiversity Plan Noise Impact Assessment Dust Risk Assessment and Dust Management Plan Conclusion And Recommendation 19. This report summarises the key issues which should be considered as part of the appraisal of any subsequent planning application which may be lodged in respect of this development and members are recommended to note these key issues and advise officers of any other issues which they consider should be included as part of the application and assessment. Authors Name Designation Contact Details Kirsty Strong Planning Support Officer developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 22 January 2026 Page 184 of 188
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Ü Erection of residential care facility, community hub, staff facilities and associated works at Play Area, Perth Leisure Pool, Glover Street, Perth 25/00017/PAN Scale 1:15,000 Planning and Placemaking Committee - 11 February 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 6(ii) Page 185 of 188
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Ü Erection of residential care facility, community hub, staff facilities and associated works at Play Area, Perth Leisure Pool, Glover Street, Perth 25/00017/PAN Scale 1:5,000 Planning and Placemaking Committee - 11 February 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 6(ii) Page 187 of 188
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