25/01441/42M
Perth and Kinross Council · 11 March 2026
Back to Planning and Placemaking Committee — 11 March 2026 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee - 11 March 2026 Report of Handling by Development Management and Building Standards Service Manager (Report No. 26/64) Proposal: Section 42 to modify condition 8 (finished floor levels) of permission 22/01827/AMM Location: Morris Leslie, Errol Airfield, Grange, Errol, Perth, PH2 7TB Ref. No: 25/01441/42M Ward No: P1 - Carse of Gowrie Summary This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. Background and Description of Proposal 1 This application seeks a further Approval of Matters Specified in Conditions (AMSC), subject to the same proposal approved in 16/00999/AMM for 240 dwellings, a local centre, sports pitch and play area. The applicant seeks to formally amend Condition 8 (finished floor levels) of consent 22/01827/AMM, which is the most recent Section 42 (S42) approval. Any proposed alteration to the finished floor levels must be assessed against the wording and requirements of the current S42 permission, as this supersedes all previous permissions or conditions relating to this element of the development. The approved wording of the condition is below: 2 The Finished Floor Level of all properties shall be a minimum of 11.2 metres Above Ordnance Datum (AOD) and no property shall be occupied unless this is achieved. 3 Reason: To reduce the risk of flooding. 4 The site is located within the settlement boundary of Grange/Errol Airfield in the Perth and Kinross Local Development Plan 2 2019 (LDP2) and is recorded as having planning permission for housing. The predominantly flat site extends to approximately 58.3 hectares, 0.75km north east of Errol village. It forms part of the disused Errol Airfield facility which provides buildings for small businesses and there are some residential properties to the north of the site.
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5 The site is bound to the north by the C484 Errol to Grange road, to the east by the remaining airfield area and to the west by a burn and farmland. The south of the site is contained by reed beds and the River Tay, which is a designated Special Protection Area (SPA), which is a further 300 metres away. Access to the site will be via a new main access road to the west that was approved under 16/01491/FLL in July 2017. 6 Development of the road has commenced and provided access to a temporary medical centre that was approved under 18/00628/FLL. 7 Planning Permission in Principle (PPP) was approved in October 2010 (05/02418/IPM) and extended in January 2014 (13/01823/FLM). Detailed permission was granted in July 2017 for 240 dwellings, a local centre, sports pitch and play area within the northern half of the PPP site (16/00999/AMM). Development of this site has commenced with the establishment of the approved acoustic bund along the northern boundary of the site. Site History 8 05/02418/IPM Development of sustainable village. Approved against recommendation by Development Control Committee November 2008 with decision issued after the signing of a Legal Agreement October 2010. 9 13/01823/FLM Variation of condition no 1 of planning consent 05/02418/IPM to extend the time limit for a further 3 years. Approved by Development Management Committee January 2014. 10 16/00999/AMM Mixed use development comprising the erection of 240 dwellinghouses/garages, erection of commercial elements, provision of open space/play provision, associated infrastructure and other associated works (approval of matters specified in conditions 13/01823/FLM). Approved by Planning & Development Management Committee July 2017. 11 16/01491/FLL Formation of access, landscaping and associated works in association with 16/00999/AMM. Approved by Planning & Development Management Committee July 2017. 12 20/00169/AMM Section 42 application to modify condition 15 (contamination) of permission 16/00999/AMM. Approved by Planning and Development Management Committee on 29 July 2020. 13 22/01827/AMM Section 42 application to modify condition 10 (noise mitigation) of permission 20/00169/AMM. Approved by Planning and Development Management Committee on 22 February 2023.
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Environmental Impact Assessment 14 An EIA Report was not required to be submitted with the proposal as the nature and type of proposal falls below the EIA thresholds Pre-Application Consultation 15 The Pre-Application Consultation (PAC) requirements have been fulfilled in association with the submission of planning application 16/00999/AMM and there is no further PAC needed procedurally in relation to this Section 42 application. Development Plan 16 The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance. National Planning Framework 4 17 The National Planning Framework 4 (NPF4) is the Scottish Government’s long-term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve peoples lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 18 The Council’s assessment of this application has considered the following policies of NPF4: Policy 22: Flood Risk and Water Management Perth and Kinross Local Development Plan 2019 19 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 20 The principal relevant policies are, in summary; Policy 52: New Development and Flooding Statutory Supplementary Guidance Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021)
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National Guidance 21 The Scottish Government expresses its planning policies through Planning Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Those relevant are listed below. Creating Places 2013 22 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 23 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 24 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. Local Place Plans 25 Local Place Plans are community-led plans setting out proposals for the development and use of land and set out a community’s aspirations for its future development. The application site lies within ‘Errol’ Local Place Plan. The LPP raises no issues in respect of the consideration of this application. Consultations 26 As part of the planning application process the following bodies were consulted: External 27 Scottish Environment Protection Agency - no objection, however, advise that an updated Flood Risk Assessment should be submitted to include detailed designs of the proposed access road over the Pow of Errol when finalised to ensure that this does not increase the risk of flooding to the development or to existing receptors. Internal 28 Structures and Flooding - no objections following the submission of proposed site/floor levels. Agree with SEPAs comments in regards to the requirement for an updated Flood Risk Assessment be submitted which can be controlled by condition.
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Representations 29 No representations were received. Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report not required Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed AA not required Design Statement or Design and Access Statement not required Report on Impact or Potential Impact eg Flood Risk Assessment Flood Risk Assessment Appraisal 30 Section 42(1) of the Town & Country Planning (Scotland) Act 1997 (as amended) relates to applications for planning permission for the development of land without complying with conditions subject to which a previous permission was granted. 31 Section 42(2) requires that the Planning Authority shall consider only the question of the condition(s) subject to which planning permission should be granted, and: (a) If they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it would be granted unconditionally, they shall grant planning permission accordingly; (b) If they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application. 32 The determining issues in this case are whether the proposal complies with Development Plan policy or if there are any other material considerations which justify a departure from that policy. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 33 The principle of the development subject of the application has been previously established through the approval of the extant planning permission (16/00999/AMM). The principle of the development is therefore well-established and
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is not reviewed as part of this S42 application. It is noted that since the original planning permission approval there has been a change to the Development Plan through TAYplan 2016 and the adoption of LDP2 in 2019 and NPF4. The changes within the Development Plan are, however, not significant in relation to the proposed changes to this S42 application. The amendment of Condition 8 is not in itself considered to be contrary to the general terms of the Development Plan, however, consideration must be given to the specific characteristics of the amendment and whether any adverse impacts are calculated. 34 The applicant proposes to amend condition 8 (finished floor levels) which states that the finished floor level of all properties shall be a minimum of 11.2 metres Above Ordnance Datum (AOD) and no property shall be occupied unless this is achieved. The applicant has submitted an updated Flood Risk Assessment which demonstrates that the minimum FFL of 11.2m AOD as specified in condition 8 is higher than necessary and can be reduced without materially altering the flood risk to the development. As such the applicant now wishes to modify this condition to read as follows: 35 “A minimum Finished Floor Level of 10.06 metres Above Ordnance Datum (AOD) and no property shall be occupied unless this is achieved”. 36 Reason: To reduce the risk of flooding”. Flooding 37 NPF4 Policy 22, along with LDP2 Policy 52 require that all forms of flood risk are fully understood, appropriately addressed, and that developments are designed to be flood resilient without increasing flood risk to surrounding areas. 38 As noted above, the proposal is to reduce the minimum finished flood levels (FFLs) required by condition 8 from 11.2m AOD to 10.06m AOD and a lowest garden ground level of 9.76m AOD for all properties. 39 The applicant has submitted an updated Flood Risk Assessment (FRA) undertaken by Gondolin Land and Water Ltd, version 1, dated 26/06/2025. SEPA and the Council’s Flood Team have reviewed the FRA and it has been found to be based on appropriate methods and the representation of flood risk for the site appears to be in line with all other evidence currently available. 40 SEPA have commented that a maximum flood level of 9.46m AOD has been determined from the hydraulic modelling undertaken in the FRA for the worst-case blockage scenario (100%) at the downstream bridge. The FRA noted that this scenario is unlikely to occur due to limited sources of debris which could cause severe blockage and because the upstream bridge is likely to intercept any debris in the first instance. The proposed FFL is set 0.6m above the maximum flood level and therefore achieves sufficient freeboard to allow for uncertainties in the modelling and building settlement and as such have no objection.
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41 SEPA further comment that the FRA notes in section 4.10 that, “details of the proposed new bridge crossing were not provided and hence assumptions had to be made regarding the design of this structure”. Although this consultation was only to provide advice on varying the FFL specified in condition 8, we would recommend the FRA is updated to include detailed designs of the proposed access road over the Pow of Errol when finalised to ensure that this does not increase the risk of flooding to the development or to existing receptors. This can be controlled by condition. 42 In conclusion, this application proposes to amend Condition 8 of an established planning permission by lowering the minimum finished floor level for the properties, based on an updated Flood Risk Assessment which shows this change will not increase flood risk. The proposal has been reviewed by SEPA and the Council’s Flood Team, who have raised no objections. The modification is fully compliant with NPF4 Policy 22 and LDP2 Policy 52, which require flood risks to be understood and appropriately addressed. Furthermore, reducing the minimum floor level will also decrease the amount of land raising required and significantly reduce the volume of imported material needed to achieve changes in ground level. All other aspects of the development including design, landscape, roads, natural heritage, and developer contributions remain unaffected by this revision. Design, Layout and Visual Amenity 43 The proposed modification to Condition 8 will have no impact on the approved and under construction layout, design or visual amenity. Landscape 44 The proposed modification to Condition 8 will have no impact on the local landscape. Roads and Access 45 The proposed modification of Condition 8 does not have any direct or significant impact on the road network. Natural Heritage and Biodiversity 46 The proposed modification to Condition 8 will have no impact on the biodiversity of the area. Developer Contributions 47 No contributions are required by this S42 application. Economic Impact 48 The proposed modification will not have an impact on the local economy.
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Other Matters 49 The 16/00999/AMM permission had a number of pre-commencement planning conditions or elements of conditions that are no longer relevant as they have since been approved in advance of construction commencing in 2019. It is good practice, when approving a S42 application, to update the conditions to meet current regulations and requirements. Similarly, any conditions that still require to be addressed or adhered to should remain and reference should be made to detail or specification approved as part of the condition approval process for the existing AMSC. Several conditions, as outlined in the recommendation section below, have been amended to align with current practice, and the incorporation of previous Section 42 approvals ensures that all relevant modifications are included and recognised as part of this approval. Pre-Commencement Conditions and Notice of Initiation 50 Prior to the commencement of development associated with this planning application, all pre-commencement conditions must be agreed in writing with the Planning Authority. In addition, a Notice of Initiation must be submitted, advising of the intended start date for the approved development. This is to ensure that all necessary requirements are in place before works commence and to provide clear communication regarding the commencement of development. 51 For the purposes of Section 27 of the Town and Country Planning (Scotland) Act 1997, as amended, development is deemed to have lawfully commenced only when any material operation forming part of the approved proposal is carried out. As such, commencement can only be established where the works undertaken clearly fall within the statutory definition of material operations and are consistent with the approved development plans and conditions. Legal Agreements 52 None required. A Section 75 Legal Agreement is already in place for affordable housing provision, education contributions, transport infrastructure contributions, open space, play area, sports pitch provision and maintenance. It is future-proofed for S42 applications so will not require modification in light of this proposal. Direction By Scottish Ministers 53 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application. Conclusion and Reasons for Recommendation 54 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local
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Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly the proposal is recommended for approval subject to the following conditions. Recommendation Approve the application subject to the following conditions: Conditions and Reasons for Recommendation 1. The development must be begun not later than the expiration of three years beginning with the date on which this approval of matters specified in condition is granted. If development has not begun at the expiration of this period, the approval of matters specified in condition lapses. Reason - In order to ensure the development to which this approval of matters specified in conditions relates is commenced timeously and in accordance with section 41(1)(c) of the Town and Country Planning (Scotland) Act 1997. 2. Prior to the occupation of any residential plot, all matters regarding access, car parking, road layout, design and specification, including the disposal of surface water, shall be in accordance with the standards required by the Council as Roads Authority. Reason: In the interest of vehicle and pedestrian safety and in accordance with the policies of the adopted Development Plan. 3. The detailed landscaping and planting scheme, including the sports pitch as approved (Drawing References: 20/00169/55; 20/00169/56; 20/00169/57; 20/00169/58) under planning reference 20/00169/AMM, shall be implemented fully within one calendar year of the commencement of development and thereafter maintained for the lifetime of the development. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar sizes and species. Reason: In the interests of visual amenity: to ensure a satisfactory standard of local environmental quality and in pursuance of suitably satisfying placemaking policy criteria of the Development Plan. 4. The approved children's play area(s) as approved under planning reference 20/00169/AMM (Drawing Reference: 20/00169/62) shall be laid out and equipped in accordance with the Planning Authority's current criteria for play area provision within six months of the commencement of development of the site. The play area and its facilities/equipment shall thereafter be maintained for the lifetime of the development. Reason: In the interests of residential amenity and to ensure the satisfactory provision and implementation of a children's play area.
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5. The approved delivery and phasing plan as approved under planning reference 20/00169/AMM (Drawing References: 20/00169/39 and 20/00169/66) shall be fully implemented in accordance with the agreed delivery plan and landscaping carried out concurrent with development. For the avoidance of doubt the location of the commercial area as shown on the masterplan is in general acceptable but is not fully approved by this permission as they are still indicative at this stage. Further detailed application(s) will be required for the exact scale and design of the structures. Reason: In order to ensure the satisfactory implementation and completion of the development. 6. The approved sustainable urban drainage system (SUDS) under planning reference 20/00169/AMM (drawing number 20/00169/74) shall be carried out in accordance with the approved scheme and be operational prior to the bringing into use of the development. Reason: In the interests of best practise surface water management: to avoid undue risk to public safety and flood risk. 7. Within 6 months of the date of this consent, an updated Flood Risk Assessment shall be submitted to and agreed in writing by the Planning Authority. The Flood Risk Assessment shall include detailed designs of the proposed access road over the Pow of Errol. Additionally, details shall include garden levels, finished floor levels and soffit levels of all structures Above Ordnance Datum (AOD). The details as agreed shall thereafter be implemented concurrent with development. Reason: To ensure that the proposed development does not increase the risk of flooding to the development or to existing receptors. 8. The Finished Floor Level of all properties shall be a minimum of 10.6 metres Above Ordnance Datum (AOD) and no property shall be occupied unless this is achieved. Reason: To reduce the risk of flooding. 9. All existing trees and hedging within the site and on the boundaries shall be retained. The development shall fully comply with, respect and remain in full accordance with BS5837 2012: 'Trees in relation to construction, demolition and construction. Recommendations'. Reason: To ensure a satisfactory standard of local environmental quality. 10. A 3-metre-high landscape bund at the northern boundary as shown in Drawing Reference 20/00159/59 shall be put in place prior to occupation of any dwellinghouse in Housing Area H1 of the development. Thereafter, the bund shall be retained in a reasonable condition for the life of the development. Reason: To ensure a satisfactory standard of local environmental quality.
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11. Prior to any further works being undertaken, a detailed specification of the proposed landscape bund shall be submitted for the further approval of the Planning Authority. The detail as subsequently approved shall be carried out and completed prior to occupation of the first dwelling and thereafter maintained. Reason: In the interests of residential amenity. 9 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: To ensure a satisfactory standard of local environmental quality. 13. Servicing of and deliveries to any commercial premises shall be carried out between 0700 and 1900 Monday to Sunday and at no other time to the satisfaction of the Council as Planning Authority. Reason: To ensure a satisfactory standard of local environmental quality. 14. The Construction Traffic Management Scheme (CTMS) as approved under planning reference 20/00169/AMM (Plan ref: 20/00169/63) shall be fully implemented and adhered to during construction. Restrictions of construction traffic to approved routes and the measures shall be put in place to avoid other routes being used. Heavy construction traffic should avoid the use of Murie, Inchcoonans, Errol, Grange and Inchture Level Crossings. Reason: In the interest of road safety. 15. The level and location of recycling facilities as agreed under planning reference 20/00169/AMM (Plan ref: 20/00169/65) shall be implemented in full prior to the occupation of the first dwelling. Reason: In the interests of the sustainable disposal of waste. 16. Prior to any further works being undertaken on site in relation to Phases 1 to 5, as approved by Application for Matters Specified Permission ref: 16/00999/AMM, an evaluation for the potential of the site to be affected by contamination by a previous use should be undertaken. An intrusive investigation should 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.
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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. For the avoidance of doubt, no further development will be permitted within the red line area approved for development under Planning Permission in Principle ref: 05/02418/IPM, as amended by Planning Permission in Principle ref: 13/01823/IPM, without a separate intrusive investigation being undertaken in compliance with the requirements of this condition. Reason: To prevent harm to human health and pollution of the environment in accordance with the aims and objectives of the Development Plan. 17. No removal of hedgerows, trees or shrubs or works to or demolition of buildings or structures that may be used by breeding birds shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the Planning Authority for approval. Reason: In the interests of protecting environmental quality and of biodiversity. 18. No works which include the creation of trenches, culverts or the presence of pipes will commence until measures to protect animals from becoming trapped in open excavations and/or pipes and culverts are submitted to and approved in writing by the Planning Authority. The measures could include, but are not restricted to, creation of sloping escape ramps from trenches and excavations and securely sealing open pipework at the end of each working day. Reason: In the interests of protecting environmental quality and of biodiversity. 19. If the development hereby approved having commenced in 2019 is suspended for more than 12 months within 2 years from the date of the planning decision notice, the approved ecological measures secured through the applicants Biodiversity Study of April 2016 (Plan ref: 20/00169/70) shall be reviewed and, where necessary, amended and updated. The review shall be informed by further ecological surveys commissioned to; i) establish if there have been any changes in the presence and/or abundance of protected species and ii) identify any likely new ecological impacts that might arise from any changes. Where the survey results indicate that changes have occurred that will result in ecological impacts not previously addressed in the approved scheme, the original approved ecological measures will be revised and new or amended measures, and
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a timetable for their implementation, will be submitted to and approved in writing by the Council as Planning Authority prior to the commencement of development. Works will then be carried out in accordance with the proposed new approved ecological measures and timetable. Reason: In the interests of protecting environmental quality and of biodiversity. 20. Where the approved development is to proceed in a series of phases, further supplementary ecological surveys for protected species shall be undertaken to inform the preparation and implementation of corresponding phases of ecological measures required through the applicants Biodiversity Study of April 2016 (Drawing Reference: 20/00169/70). The supplementary surveys shall be of an appropriate type for the above habitats and/or species and survey methods shall follow national good practice guidelines. Reason: In the interests of protecting environmental quality and of biodiversity. 21. Prior to the occupation and use of the approved development the applicant shall, at their own expense, promote a Traffic Regulation Order (TRO) from the site entrance to the existing 30mph zone to the West of the site, on the Station Road approach to Errol. Reason: In the interest of promoting sustainable travel. 22. No part of the development shall be occupied until a Residential Travel Plan (RTP), aimed to encourage more sustainable means of travel, has been submitted and approved in writing by the Council as Planning Authority in consultation with the Roads Authority. The RTP 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: In the interest of promoting sustainable travel. 23. The external lighting plan as approved under planning reference 20/00169/AMM (Drawing References: 20/00169/67; 20/00169/68; 20/00169/69) shall be fully implemented and adhered to during both the construction and operational phases to minimise any light pollution. Reason: To minimise any light pollution. 24. Prior to the commencement of the development on site, the developer shall ensure that a restriction is to be placed within the title deeds to all residential property confirming the provision of a voluntary agreement to the restriction on access between April - August in sensitive areas adjacent to the reedbeds. Evidence of this restriction has been approved by the Planning Authority and NatureScot (formerly SNH). Reason: In the interests of protecting environmental quality and of biodiversity.
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25. The details as approved under planning reference 20/00169/AMM relating to the location, design and maintenance of signage (Drawing References: 20/00169/60; 20/00169/61) by the developer in respect of access to the sensitive areas of reedbeds shall be fully implemented prior to the occupation of any of the units on the site. Reason: In the interests of protecting environmental quality and of biodiversity. 26. The details as approved under planning reference 20/00169/AMM of the preparation, content and publicity through leaflets relating to the restriction of access to the sensitive areas of reedbeds (Drawing Reference: 20/00169/45) shall be distributed to the approved dwellings in accordance with agreed timescale. Reason: In the interests of protecting environmental quality and of biodiversity. 27. No development shall be occupied on any phase of the site until the local access road network improvements approved under planning permission 16/01491/FLL has been implemented and made operational to mitigate the traffic implications of the development, to the satisfaction of the Council as Planning Authority. Reason: In the Interest of vehicle and pedestrian safety. 28. Prior to the completion of any residential plot, details of the bus stops shown in the approved Housing Layout Plan of planning application 20/00169/AMM (drawing numbers 20/00169/47 and 20/00169/48) shall be submitted to the Council as Planning Authority in consultation with the Council's Public Transport Unit for approval. The agreed detail shall thereafter be implemented prior to the completion of the 50th dwelling. Reason: In order to ensure that associated local sustainable infrastructure improvements are undertaken to adequately accommodate the impact of the development proposed. 29. Agreed details relating to the location, design and maintenance of the priority signage at the Inchmichael Cutting (Plan ref: 20/00169/36) shall be fully implemented prior to the occupation of any units on the site. Reason: In the Interest of vehicle and pedestrian safety. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None.
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Informatives 1. Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. 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. 3. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 4. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council as Roads Authority Road Construction Consent (RCC) to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 5. The applicants are advised that they must apply to the Roads Authority for construction consent to form a new street. All correspondence relating to Road Construction Consents should be sent to RCC@pkc.gov.uk. 6. The applicant is advised that the granting of planning permission does not guarantee a connection to Scottish Water's assets. The applicant must make a separate application to Scottish Water Planning & Development Services team for permission to connect to the public wastewater system and/or water network and all their requirements must be fully adhered to. 7. The applicant is advised that the works may need a license under the Water (Controlled Activities) Regulations 2005 (CAR). The applicant should contact SEPA's Perth Environmental Protection and Improvement Team (Tel: 01738
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627989) in regard to this. The applicant should ensure that all works on site comply with the best practice guidelines laid out in SEPA's published Pollution Prevention Guidance, found at www.sepa.org.uk. 8. The Council's Public Transport Unit in the Environment Service should be contacted to clarify the bus service requirements for the development. 9. Any further applications should take into account the possible increase of traffic over all Level Crossings in the area and the impacts this may have on the reliability and frequency of the rail service. 10. The presence of protected species, and the extent to which they could be affected by the proposed development, should be established before works commence. Should protected species be identified within the site the developer should ensure that all appropriate measures required to comply with the relevant legislation are carried out. 11. The applicant is reminded that, under the Wildlife and Countryside Act 1981,as amended, it is an offence to remove, damage or destroy the nest of any wild birds while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act. 13. There is a Section 75 legal obligation associated with this planning permission, which relates to 16/00099/AMM. A copy is available to view on the Council's Public Access portal. Background Papers Letters of representation 0 Authors Name Designation Contact Details Gillian Peebles Planning Officer (Majors) developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 20 February 2026