18/02341/Fll
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. 26/65) Proposal: Change of use of agricultural land to form extension to gypsy/traveller pitch, erection of kennels, amenity block, fence and associated works (in part retrospect) Location: 4B Greenacres, Blairadam, Kelty, KY4 0JA Ref. No: 18/02341/FLL Ward No: P8 - Kinross-shire 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. Planning permission is sought for a change of use of agricultural land to form an extension to gypsy/traveller pitch, erection of kennels, amenity block and a fence. The application is partly in retrospect as the pitch had been extended, kennels and fence erected before the application was submitted. The amenity block has not been constructed although a separate ancillary building has been erected without planning permission. That building is not within the red line site boundary and the development may need to be regularised via another planning application or a certificate of lawfulness. 2. The original works were undertaken in 2014 with the planning application being submitted in 2018 following enforcement interest in the site. The determination was delayed whilst information on the foul water drainage infrastructure arrangements were sought. Sadly the agent also passed away and there was a break in the chain of communication to the extent that the application was not revisited until recently in an attempt to clear applications that have remained undetermined for long periods of time.
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Site History 3. 10/00732/FLL Full Planning Permission was approved on 8 September 2011 for Formation of hardstanding, installation of four permanent mobile homes and ancillary work Environmental Impact Assessment 4. The proposal is not EIA development. Pre-Application Consultation 5. Pre application Reference: No pre-application advice was sought for this proposal however the application was submitted as a result of enforcement interest. Development Plan 6. 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 7. The National Planning Framework 4 (NPF4) is the Scottish Government’s long-term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve people’s lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 8. The Council’s assessment of this application has considered the following policies of NPF4: Policy 1: Tackling the Climate and Nature Crises Policy 2: Climate Mitigation and Adaptation Policy 3: Biodiversity Policy 4: Natural Places Policy 13: Sustainable Transport Policy 14: Design, Quality and Place Policy 16: Quality Homes Perth and Kinross Local Development Plan 2019 9. The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance.
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10. The principal relevant policies are, in summary; Policy 1A: Placemaking Policy 1B: Placemaking Policy 6: Settlement Boundaries Policy 17: Residential Areas Policy 21B: Gypsy/Traveller Sites: New Sites Policy 46A: Loch Leven Catchment Area Policy 46B: Loch Leven Catchment Area Policy 53A: Water Environment and Drainage: Water Environment Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 53E: Water Environment and Drainage: Water Supply Policy 39: Landscape Policy 41: Biodiversity Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) Supplementary Guidance - Landscape (adopted in 2020) Supplementary Guidance - Placemaking (adopted in 2020) Other Material Considerations PKC Non Statutory Guidance Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC Planning Guidance - Planning & Biodiversity National Guidance 11. The Scottish Government expresses its planning policies through Planning Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Those relevant are listed below. Planning Advice Notes 12. The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal:
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Creating Places 2013 13. 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 14. 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 15. 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 16. 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 is not in an area where there is currently a Local Place Plan. Consultations 17. As part of the planning application process the following bodies were consulted: External 18. Cleish and Blairadam Community Council - Object that the extension to the site is contrary to the Local Development Plan and out of character with the settlement. 19. Scottish Environment Protection Agency (SEPA) - Initially objected due to lack of information. Objection was withdrawn following receipt of further information. Internal 20. Transportation and Development - No objection. 21. Environmental Health (Contaminated Land) - No objection. No known ground contamination. 22. Development Plan - Comments provided on LDP2 policies 6 settlement boundary, 46 Loch Leven Catchment and 21 Gypsy/Travellers’ sites
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Representations 23. One representation of objection was received from the Cleish and Blairadam Community Council. The main issues raised within the representations are: • Contrary to policy • Out of character • Potential for built development outwith the existing built environment. 24. A late objection was also received voicing similar concerns. 25. These issues are addressed in the Appraisal section of the report. Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal AA completed Design Statement or Design and Access Statement Planning statement submitted Report on Impact or Potential Impact eg Flood Risk Assessment Not required Appraisal 26. Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 27. National Planning Framework 4 (NPF4) Policy 16, Quality Homes, supports the provision of accommodation for Gypsy/Travellers. This application relates to improvements and extension to an existing pitch on an existing Gypsy/Travellers site originally approved in application 10/00732/FLL. The extension, which is retrospective, takes the site outside the settlement boundary to the south of the adopted LDP2 settlement boundary for Greenacres. 28. Policy 6 states that: “For those settlements which have a boundary defined in the Plan, built development will be contained within that boundary. Development on sites that adjoin these settlement boundaries will only be permitted where the proposal is:…
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(b) justifiable on the basis of a specific operational and locational need and it can be demonstrated that there are no suitable sites available within the settlement boundary; 29. The proposed built development outside the settlement boundary is the erection of a kennel unit approximately the size of a large garden shed. The extent of built development outside the boundary is therefore limited and can be accepted as a specific operational need for the site, without detriment to the wider character of the area. 30. Policy 21 Gypsy/Travellers’ Sites of LDP2 protects existing sites and alsosupports proposals for sites and provides guidance for new sites. These standards are considered relevant in assessing the site extension. Criteria (a) refers to the site size. This development does not dramatically increase the site size and creates a larger pitch with greater flexibility for the residents. 31. Criteria (b) refers to the physical character and landscaping of the site. The pitch extension does not extend the overall site excessively beyond any of its existing boundaries and is set back from the B996 road behind another pitch. The fence and maturing planting provide adequate landscaping in keeping with the nature of the settlement. 32. Criteria (c) refers to the environmental compatibility of the site with neighbouring uses. The principle of the pitch is established, with limited additional accommodation proposed. No concerns arise from the proposed use, and the land to which the site extends into is categorised as Grade 5.3 in the Land Capability for Agriculture and is therefore of poor quality. 33. Criteria (d) and (e) are not relevant as no additional sites are being proposed, merely the extension of an existing pitch. 34. Criteria (f) refers to the need for a safe environment. The additional space and fencing/landscaping, given its retrospective nature, already provides a safer environment for the use of the site. 35. The proposal is therefore considered to accord with Development Plan policy specifically policies 6 and 21 of LDP2. 36. The proposal also includes an amenity block which at the time of the submission of the planning application had not been built. Recent discussion with the applicant indicates that this block will not now be built however it is considered that it is still appropriate to determine the application to rectify the unauthorised pitch extension. The block, if ever constructed, would improve facilities for the residents and the principle is accepted. The proposal site is within the Loch Leven Catchment where policies 46A and B of LDP2 seek to ensure that developments do not impact on the ecological importance of the Loch. This aspect is addressed in the report below.
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Design and Layout 37. The development is of a modest scale and relates to an existing use. The amenity building is located close to the existing static caravan. The development does not adversely impact on the built or natural environmental and is compatible with the character and amenity of the area. Landscape 38. The site is located to the rear of other caravan pitches over 50m metres from the B996 public road. The extension to the pitch is to the south of the site and to the rear of other pitches and as such is in a discrete location with some landscaping along the boundary. There will not be an impact on the wider landscape character of the area. Residential Amenity 39. The proposal is compatible with the residential use of the site and will not impact on residential amenity of neighbours. Visual Amenity 40. The scale, location and design of the proposal will ensure that it will not have an adverse effect on visual amenity due to the low-key aspect of the development. Roads and Access 41. There will be no intensification of use on the site and as such there are no roads or access implications with this development. Drainage and Flooding 42. The site is within the Loch Leven Catchment where policy 46A and B of LDP2 applies. Planning permission was approved in 2010 for four mobile home pitches that included a new treatment plant and requirement for mitigating foul drainage infrastructure being installed. These provisions were subject to a section 75 legal agreement. Further detail of phosphorus mitigation was provided at the request of SEPA and the applicant produced details of phosphorous mitigation dating back to 2010. The properties used for mitigation were at 1 and 2 Lochran Farm Cottages, Blairadam, Kelty, KY4 0HX. The mitigation proposed (to upgrade 2 cottages from a septic tank to treatment plant) was considered by SEPA to meet the mitigation required and as such SEPA withdrew their objection. 43. It is noted by SEPA that the provision of phosphorous mitigation to ensure that total phosphorous from built development does not exceed the current level is a separate issue to the CAR licence. The approval of submitted phosphorus mitigation details through the planning process is therefore made without prejudice to any CAR licence application and does not infer that the CAR licence application(s) will be approved.
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44. An informative will be attached highlighting the requirement for compliance with the Controlled Activities Regulations (CAR) for the mitigating property at Lochran Farm Cottages and the on-site treatment plant. 45. The proposal meets the requirements of Loch Leven Catchment policy 46A and B of LDP2. Contaminated Land 47. A search of the historic records did not raise any concerns regarding ground contamination. Waste Collection 48. There are no changes to waste collection arrangements as a result of this proposal. Conservation Considerations 49. The site is not within a conservation area. There are no listed buildings in the vicinity. There is no impact on built heritage assets. Natural Heritage and Biodiversity 50. NPF4 requires all local planning applications to enhance biodiversity. In this case trees have been planted along the boundary which will add to the biodiversity enhancement of the site. This is sufficient for a development of this scale. Developer Contributions 51. There is no requirement for developer contributions in relation to this proposal. Economic Impact 52. The economic impact of the proposal will be minimal. Variation of Application Under Section 32A 53. 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 an additional document; Addendum to Planning Statement. Planning Obligations and Legal Agreements 54. None required.
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Direction By Scottish Ministers 55. 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 56. To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for approval subject to the following conditions. Recommendation Approve the application subject to the following conditions: Conditions and Reasons for Recommendation 1. 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. There shall be no additional chalets placed on the site and no subdivision of the pitch. Reason: In order to clarify the terms of the permission. JUSTIFICATION The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. PROCEDURAL NOTES None. INFORMATIVES 1. 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
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Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. Please use the form attached herewith. 2. An application for Building Warrant may be required. 3. Authorisation under CAR is required by SEPA for the mitigating property at Lochran Farm Cottages as well as for the development at Greenacres as currently neither are authorised discharges. As these fall within the Loch Leven Catchment they automatically escalate to level (regardless of population equivalent), however, they may be charged at 'registration' level and the forms can be found at the following link: www.sepa.org.uk/regulations/authorisations-and-permits/application-forms/ The applicant should liaise with SEPA's Fife regulatory team at SEPA’s Glenrothes Office on these regulatory issues. 4. The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is also available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority 5. 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 an additional document; Addendum to Planning Statement. Background Papers Letters of representation 1 Authors Name Designation Contact Details Persephone Beer Planning Officer developmentmanagement@pkc.gov.uk Approved Name Designation Date Paul Williamson Team Leader (Local Developments) 26 February 2026