Minute of meeting of 11 February 2026
Perth and Kinross Council · 11 March 2026
Back to Planning and Placemaking Committee — 11 March 2026 and its agenda
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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 11 February 2026 at 9.30am. Present: Councillors I Massie, G Stewart, K Allan, B Brawn, D Cuthbert, K Harvey D Illingworth, I James, Bailie C McLaren, 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, G Fogg, C MacLeod and M Pasternak (all Legal and Governance). 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 7 January 2026 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. 25/00685/FLM 5(2)(i) 25/00824/FLM 5(2)(ii) 25/00725/FLL 5(3)(i) 5. Applications For Determination (1) Section 36 Consultations (i) 25/01007/ECU36 - Erection of 13 turbine windfarm and associated works - ECU00004782, land 6000 metres south of Longfauld, Blackford, Auchterarder, PH4 1QU (Report No. 26/38) Motion (Councillors I Massie and B Brawn)
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DRAFT Offer no objection to the proposal and request the imposition of the following suggested conditions: Suggested Conditions Commencement of Development 1. The Development must be commenced no later than 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. (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).
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DRAFT 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: (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
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DRAFT 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 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
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DRAFT 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. (3) The ECoW shall be appointed on the terms approved under part (2) throughout the decommissioning, restoration and aftercare phases of the Development.
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DRAFT 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;
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DRAFT (f) details of soil storage and management including outline quantities, locations (other than peat and other carbon rich soils) management of long term storage of construction generated to facilitate future site restoration; (g) a drainage management strategy, demonstrating how all surface and waste water arising during and after construction is to be managed and prevented from impacting on the water environment and to mitigate flood risk; (h) a surface water and groundwater management and treatment plan, including details of the separation of clean and dirty water drains, and location of settlement lagoons for silt laden water; (i) details of temporary site illumination, including measures to ensure light spill/pollution is minimised and avoids habitats within the site and does not extend beyond the immediate working area, and not beyond the site boundary; (j) Protected Species Plan, informed by any protected species surveys carried out. The Plan shall provide mitigation measures in line with Summary of Mitigation, as required, and a timetable for implementation. (k) details of the construction of the access into the site, including associated drainage and the creation and maintenance of associated visibility splays; (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
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DRAFT 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. (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
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DRAFT 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. 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;
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DRAFT (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 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.
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DRAFT 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 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.
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DRAFT 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 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
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DRAFT 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 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
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DRAFT 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 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.
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DRAFT (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 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
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DRAFT 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. 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
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DRAFT 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 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
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DRAFT 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); 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
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DRAFT 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 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
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DRAFT 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 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
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DRAFT 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. 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
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DRAFT 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 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
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DRAFT 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. Amendment (Councillors I James and D Cuthbert) Offer an objection for the following reason: 1. The adverse landscape and visual impact of the proposal and the wider adverse environmental impacts it will have, thereby making it contrary to National Planning Framework 4 Policies 4 and 11e In terms of Standing Order 21.5 a roll call vote was taken. 6 members voted for the Motion as follows: Councillors B Brawn, D Illingworth, I Massie, G Stewart, R Watters and Bailie M Williamson. 5 members voted for the Amendment as follows: Councillors K Allan, D Cuthbert, K Harvey, I James and Bailie C McLaren. Resolved: In accordance with the Motion. (2) Major Applications (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, pier, vehicle parking, footpaths and associated works (as amended), Loch Tay Highland Lodges, Killin, FK21 8TY (Report No. 26/39) Mr B Findlay, objector to the application, followed by Mr D Hancock, agent on behalf of the applicant, addressed the committee, and answered members questions. Resolved: Grant, subject to the following terms, conditions (including additional condition 17) and informatives: 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.
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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. 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. 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
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DRAFT 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. 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;
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DRAFT (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. 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
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DRAFT 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. 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. 17. Prior to the occupation of any of the units hereby approved, the flood mitigation measures detailed within the Flood Risk Assessment (document 54 hereby approved), shall be implemented in full, and thereafter retained in perpetuity for the life of the development. Reason - In the interests of sustainable flood management.
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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. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013, as amended. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: Displayed in a prominent place at or in the vicinity of the site of the development Readily visible to the public Printed on durable material. 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
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DRAFT 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 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
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DRAFT 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. (The committee took a short recess) (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 No. 26/40) Mr A Lilly, Mr M Cook, Ms K Homan, Ms E Coutts and West Stormont Woodland Group, all objectors to the application; Ms L Burns, supporter of the application; and Mr I Richmond, General Manager of Aviagen UK and Mr M Richardson, agent on behalf of the applicant, addressed the committee, and answered members questions. Resolved: Grant, subject to the following terms, conditions and informatives: 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. 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.
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DRAFT 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. 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
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DRAFT 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 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;
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DRAFT 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 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
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DRAFT 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. 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).
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DRAFT 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, 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
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DRAFT 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 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.
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DRAFT 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 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.
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DRAFT 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. 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.
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DRAFT 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 however there are material considerations that would justify a departure from the relevant Policy 50 of the LDP2. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: Displayed in a prominent place at or in the vicinity of the site of the development Readily visible to the public Printed on durable material.
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DRAFT 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. 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
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DRAFT 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. (The committee took a short recess) (3) Local Application (i) 25/00725/FLL - Siting of caravan for a temporary period (in retrospect), Equine Unlimited, Dungarthill, Dunkeld, PH8 0JF (Report No. 26/41) A statement on behalf of objectors was read by Ms Brown, clerk to the committee. The applicant, addressed the committee, and answered members questions. Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 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.
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DRAFT 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. 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. 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.
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DRAFT 6. Proposal of Application Notices (PoAN) (i) 25/00016/PAN - Residential development comprising flatted blocks, installation of SUDS, landscaping and associated works, Perth Leisure Pool, Glasgow Road, Perth, PH2 0HZ (Report No. 26/42) Councillor B Brawn requested that officers bear in mind that the area is susceptible to flooding and that this is looked at when an application is submitted. The contents of the Report by the Development Management and Building Standards Service Manager, were noted. (ii) 25/00017/PAN - Erection of residential care facility, community hub, staff facilities and associated works, Play Area, Perth Leisure Pool, Glover Street, Perth (Report No. 26/43) Councillor B Brawn requested that officers bear in mind that the area is susceptible to flooding and that this is looked at when an application is submitted. The contents of the Report by the Development Management and Building Standards Service Manager, were noted.