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25/01174/Fll

Perth and Kinross Council · 13 May 2026
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Perth and Kinross Council 
Planning and Placemaking Committee - 13 May 2026 
Report of Handling by Development Management and Building Standards Service
Manager
(Report No. 26/126) 
Proposal: Part change of use of an artificial insemination centre to form a distillery 
Location: Glencarse Stud Farm, Cottown, Glencarse, Perth, PH2 7NL 
Ref. No: 25/01174/FLL
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 The site, comprising of two existing buildings, is located at the southern end of the
hamlet of Cottown. It is situated adjacent to Cottown House and to the south-east of
Oakdene House. The two existing buildings currently have planning permission for
use as an artificial insemination centre (99/01630/REM). A further application was
submitted in 2015 to remove an occupancy condition attached to the 2000 consent
for Cottown House to be occupied by any person(s), not only individuals connected
with artificial insemination business. It is understood that the artificial insemination
centre has not been in use for a number of years. Historically, the site
accommodated a cardboard recycling yard, mink farm and former brickworks
factory (Pitfour Brick and Tile Works). 
2 The proposal is also located adjacent to a site, under the ownership of the
applicant, where four dwellings, currently under construction; were approved in
2017 (application reference: 15/00150/FLL). 
3 The vehicle access to the public road network (C484) for the site will be via an
existing and privately shared vehicle access (Cottown Road). A right of way (44/5)
runs partially along the private access track and on the eastern edge of the wider
site.

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4 The site is located within the settlement boundary of Cottown/Chapelhill as
identified within Local Development Plan 2 (LPD2). 
5 The proposal is for a change of use and minor alterations to form a distillery. The
former stables building would be repurposed for the distillation process, while the
former artificial insemination centre and associated offices would primarily function
as a bonded warehouse. A portion of the existing offices are currently in use as
short-term let accommodation. 
Site History 
Application Site 
6 99/01630/REM Erection of artificial insemination collection centre, house and
stables (reserved matters) 20 October 2000 Application Approved 
7 24/00968/LAW Use of dwellinghouse and home office as 3 short term let
accommodation units (existing) 17 October 2024 Application Approved 
Wider Site 
8 15/00147/FLL Removal of condition 2 (occupancy) of permission 99/01630/REM
(erection of a dwellinghouse, etc) 23 March 2025 Application Approved 
9 15/00150/FLL Erection of 4no dwellinghouses 01 March 2015 Application Approved 
10 19/00511/FLL Application under Section 42 of the Town and Country Planning
(Scotland) Act 1997 to modify condition 5 (private access roads at adoptable
standard) of planning permission 15/00150/FLL (erection of 4 dwellinghouses) 21
November 2019 Application Approved 
Pre-Application Consultation 
11 Pre-application Reference: 24/00190/PREAPL 
12 The proposed development is not classed as a major development in terms of the
Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations
2009, therefore the applicant was not required to undertake not any formal pre-
application consultation with the local community. 
Development Plan 
13 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.

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National Planning Framework 4 
14 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. 
15 The Council’s assessment of this application has considered the following policies
of NPF4: 
 Policy 2: Climate Mitigation and Adaptation
 Policy 3: Biodiversity
 Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings
 Policy 13: Sustainable Transport
 Policy 14: Design, Quality and Place
 Policy 22: Flood Risk and Water Management
 Policy 23: Health & Safety 
 Policy 26: Business and Industry
 Policy 29: Rural Development 
Perth and Kinross Local Development Plan 2019 
16 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. 
17 The principal relevant policies are, in summary; 
 Policy 1A: Placemaking
 Policy 1B: Placemaking
 Policy 2: Design Statements
 Policy 5: Infrastructure Contributions
 Policy 6: Settlement Boundaries
 Policy 7A: Business and Industrial
 Policy 8: Rural Business and Diversification
 Policy 17: Residential Amenity
 Policy 53B: Water Environment and Drainage: Foul Drainage
 Policy 53C: Water Environment and Drainage: Surface Water Drainage
 Policy 55: Nuisance from Artificial Light and Light Pollution
 Policy 56: Noise Pollution
 Policy 57: Air Quality
 Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals

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Statutory Supplementary Guidance 
 Supplementary Guidance - Developer Contributions & Affordable Housing
(adopted in 2023)
 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 
18 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 
19 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. 
National Roads Development Guide 2014 
20 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 
21 Local Place Plans are community-led plans setting out proposals for the
development and use of land and set out a community’s aspirations for its future
development. There are no Local Place Plans currently adopted for the area. 
Consultations 
22 As part of the planning application process the following bodies were consulted:

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Internal 
23 Transportation and Development: No objection subject to condition relating to
core path which forms part of the access track must not obstructed during building
works or on completion. 
24 Environmental Health (Noise Odour): No objection subject to conditions relating
to plant noise, noise from operations limits, servicing and deliveries hours, external
lighting, mitigation measures outlined within Odour Impact Assessment compliance,
no odours shall be discernible on boundary with nearest residential property, the
submission of an Operational Management Plan (Noise and Odour), noise and
odour complaints procedures. 
25 Environmental Health (Contaminated Land): No objection. 
Representations 
26 7 objections were received. The main issues raised within the representations are: 
 Road safety concerns
 Increase in traffic/vehicular movements on shared access track & unsuitability of
track for HGV vehicles
 Drainage and flooding impacts
 Biodiversity and ecology impacts
 Inappropriate land use for rural/residential area
 Impact on residential amenity
 Nosie and odour impacts
 Unauthorised works (distillery equipment has already been installed). It was
confirmed by a site visit from the case officer that the development has not
commenced, the applicant has moved tanks column and boiler pumps and other
equipment onsite, therefore, the proposed distillery use is not ‘operational’. 
 Accuracy of submitted information 
27 These issues are addressed in the appraisal section of the report. 
28 The following issues are not defined as ‘material’ planning considerations: 
 Fire safety (this falls within the remit of Building Standards)
 Applicant’s character, behaviour, or historic planning disputes
 Use of wider site for short-term lets
 Property ownership disputes
 Historic neighbour disputes
 Speculative future development fears

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Additional Statements 
Screening Opinion EIA not required 
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable 
Appropriate Assessment under Habitats
Regulations
AA not required 
Design Statement or Design and Access
Statement
Not required 
Report on Impact or Potential Impact eg
Flood Risk Assessment
Not required 
Appraisal 
29 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as
amended) require the determination of the proposal to be made in accordance with
the provisions of the Development Plan, unless material considerations indicate
otherwise.  The Development Plan comprises NPF4, the Perth and Kinross Local
Development Plan 2019 and statutory supplementary guidance. The relevant policy
considerations are outlined in the policy section above and are considered in more
detail below.  In terms of other material considerations, this involves considerations
of the Council’s other approved policies and supplementary guidance as outlined
above.   
Principle 
30 The proposed development site is located within the settlement boundary of
Cottown and Chapehill settlement boundary. The settlement summary description is
as follows: “Cottown and Chapelhill is a small collection of houses located on the
road leading to Cottown House. The restored former schoolhouse dates from the
18th century. The settlement boundary has been drawn to create an opportunity for
small-scale development on the north-west edge. There are no allocations
identified”. 
31 NPF4 Policy 26 (Business and Industry) states that development proposals for
business, general industrial and storage and distribution uses outwith areas
identified for those uses in the LDP will only be supported where: 
i. It is demonstrated that there are no suitable alternatives allocated in the LDP or
identified in the employment land audit; and 
ii. The nature and scale of the activity will be compatible with the surrounding area. 
32 NPF4 Policy 29 (Rural Development) seeks to encourage rural economic activity
innovation and diversification. The policy supports proposals that contribute to the
viability, sustainability and diversity of rural communities and rural economy will be
supported, this includes the diversification of existing businesses, production and
processing facilities for local produce and the reuse of brownfield land.

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33 LDP Policy 8 (Rural Business and Diversification) states that the Council will give
favourable consideration to the expansion of existing businesses and the creation of
new ones in rural areas. There is a preference that this will generally be within or
adjacent to existing settlements. Sites outwith settlements may be acceptable
where they offer opportunities to diversify an existing business, or are related to an
existing site-specific resource or opportunity. 
34 NPF4 Policy 9 (Brownfield, Vacant and Derelict Land and Empty Buildings) states
that development proposals for the reuse of existing buildings will be supported,
taking into account their suitability for conversion to other uses. Given the need to
conserve embodied energy, demolition will be regarded as the least preferred
option. 
35 The aforementioned policies are generally supportive to the principle of this
proposal given the re-use of the vacant buildings and creation of a new rural
business within an existing settlement boundary. 
Design and Layout 
36 Generally, the design and scale of development should respect its surroundings and
adhere to Policies 1A and B of LDP2 which relate to placemaking and NPF4 Policy
14 (Design, Quality and Place) which seeks to deliver well designed development. 
37 No major external alterations are proposed to the buildings and therefore will remain
unchanged in appearance; however, two flues are to be installed, protruding
through the lower part of the roof of the proposed distillery building. 
38 As such, there are no design & layout issues associated with this proposal. 
Residential Amenity 
39 NPF4 Policy 23 (Health and Safety) states that development proposals that are
likely to raise unacceptable noise issues will not be supported. 
40 LDP2 Policy 56 (Noise Pollution) relates to noise pollution and seeks to ensure that
developments which generate significant levels of noise are not located within close
proximity to noise sensitive receptors. 
41 LPD2 Policy 57 (Air Quality) states any proposed development that could have a
detrimental effect on air quality, through exacerbation of existing air quality issues or
introduction of new sources of pollution (including dust and/or odour), must provide
appropriate mitigation measures. The LDP expects that some type of mitigation of
air quality impacts will be required for all but the smallest developments. Best
practice design measures should therefore be considered early in the design and
placemaking process. 
42 A number of objections have been received with concerns regarding the noise and
odour impacts arising from the proposed development.

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Noise 
43 The applicant has submitted a Noise Impact Assessment (NIA) in support of this
application. 
44 The NIA has assessed noise from the plant associated with the proposed distillery,
these are 2 x Wanson Vaporax Steam Generators model 250RR and 2x Tooltronix
Pumps model PTL-89-QB60. 
45 It is proposed that operational process will occur daily five times per week Monday
to Friday and will operate between the hours of 0700 and 23:00 hours. 
46 Background noise survey was undertaken and 30 dBLA90, 30mins was used for the
assessment. 
47 The BS4142 noise assessment give a predicted specific sound level of 16dBLAeq
at the closest noise sensitive receptor Oakdene (40 metres) to the west of the main
distillery building and 8dB LAeq at the short term let accommodation (STLA) (65
metres) to the north. 
48 An acoustic feature correction of +7dB has been added to give rating levels of 23dB
Oakdene and 15dB STLA. The difference between rating level and background at
Oakdene is -7dB and -15dB at the STLA. 
49 In accordance with BS4142 criteria the outcome both properties are of a low impact
and therefore a low likelihood of adverse impact due to noise at the sensitive
receptor assessed. 
50 The consultant has also undertaken an assessment in line with BS8233 the
predicted internal levels at Oakdene is 1dBLAeq and at the short term let
accommodation 22dBLAeq with a 10 dB (A)attenuation for an open window. The
predicted levels are well below the daytime criteria of 35dBLAeq. 
51 The report concluded that noise from the pumps at the closest NSRs assessed
would be of low impact and would be deemed to be acceptable in accordance with
BS4142 and BS8233 criteria. 
52 Please note that one of the dwellings under construction to the north-east has
erroneously been categorised within the noise impact assessment as short-term let
accommodation (STLA). A portion of the existing offices are currently in use as
short-term let accommodation and were also not factored into the assessment.
However, Environmental Health have confirmed that this would not materially affect
their assessment as these STL units are not residential. 
Odour 
53 At the request of Environmental Health, applicant submitted an Odour Impact
Assessment (OIA).

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54 The OIA assessed the potential odour sources associated with the proposed craft
distillery operations and the potential effects on the closest sensitive residential
receptors (SRRs). 
55 The report states that the small-scale craft distillery will produce a range of spirits
including vodka, gin, whisky, rum, and arak (a middle eastern distilled drink).
Operations are batch based, with limited concurrent processing and no continuous
fermentation or distillation. Fermentation is limited to whisky and rum production
only, therefore 51% of spirt production will not require fermentation. 
56 The report in section 3.3 states the potential odour emissions that may arise from
the proposed processes from the distillery operations. This includes odour sources
relating to fermentation, gin distillation, draff (spent grain), wash handling and
transfers; and cleaning-in-place (CIP). 
57 In terms of a meteorological assessment, meteorological data has been obtained
from Strathallan Weather Station and a 5-year data set from 2019 to 2024 has been
reviewed to capture seasonal and annual variabilities. 
58 The report states that the prevailing winds are predominantly from the southwest
and west and section 5.3 states that the majority of SRRs are not located directly
downwind of the site for the most frequent wind directions. Where alignment with
prevailing winds does occur, receptor distances and favourable dispersion
conditions significantly reduce potential odour exposure; and any odour perception
would be intermittent, short-lived, and low intensity. 
59 The qualitative receptor direction analysis further supports the conclusion that the
proposed development presents a low odour risk. Table 3 shows the odour
exposure risk regards the SRs direction to the prevailing wind. 
60 Section 6 of the report recommends mitigation and management measures, which
include: 
 Fermentation vessels are designed to be sealed or vented in a controlled
manner.
 Draff removed from site frequently (typically within 24–48 hours) for animal feed
or further processing.
 No long-term on-site storage of odorous by-products.
 Good housekeeping and regular cleaning regimes.
 Distillation and cleaning activities managed during normal daytime hours where
practicable; and
 Ongoing monitoring of operations and prompt response to any odour
complaints. 
61 The report states that with mitigation measures in place any residual odour effects
are expected to be negligible and if odours were perceptible would be occasional,
short term and unlikely to result in loss of amenity.

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62 The OIA concluded that the proposed craft distillery represents a low odour risk and
any odour will be low intensity and intermittent and only when batch fermentation is
required to produce whisky, rum, and arak. 
63 It concluded that the anticipated odour effect at SRRs would be well below the
60uE/m3 screening benchmark, as the small craft distillery aligns with SEPA
Category C context, as odour sources are not continuous, production volumes are
limited and any emissions are short lived and readily dispersed. 
64 In line with IAQM guidance, a qualitative assessment is considered sufficient where
odour risk is demonstrably low and therefore qualitative odour dispersion modelling
was not undertaken as modelling would not materially alter the planning or
environmental conclusions. 
65 Please note that the 4 dwellings under construction were not assessed as part of
the OIA. However, conditions have been applied relating to odour discernability
(Condition 8), and justified odour complaints (Condition 11) to safeguard future
residential amenity. 
66 Conditions have been applied relating to relating to plant noise (Condition 3), noise
from operations limits (Condition 4), servicing and deliveries hours (Condition 5),
external lighting (Condition 6), mitigation measures outlined within Odour Impact
Assessment compliance (Condition 7), no odours shall be discernible on boundary
with nearest residential property (Condition 8), the submission of an Operational
Management Plan (Noise and Odour) (Condition 9), noise and odour complaints
procedures (Condition 10-11). 
Roads and Access 
67 The site will be accessed from the public road network via an existing, privately
shared access track taken from the C484 public road/National Cycle Route 77. A
right of way (44/5) runs partially along the private access track and on the eastern
edge of the wider site 
68 A number of objections have raised concerns regarding the increase in
traffic/vehicular movements on the shared access track & unsuitability of track for
HGV vehicles, which according to the objection letters is narrow, uneven and has
lack of appropriate passing places. Additional concerns relate to road safety
(potential conflict with residents, walkers, livestock, cyclists), dangerous road
geometry at the double bend of C484, the omission of accurate traffic data;
outdated surveys; and misleading transport assumptions. Furthermore, the
representations also discussed that the road is jointly owned by residents with
access constraints, however, as mentioned above, ownership disputes or road
maintenance or upgrade obligations as part of previous consents are not a material
to the assessment to this planning application. 
69 Transportation and Development were consulted and confirmed that they had no
objections to the proposal. Proposed surfacing works were previously conditioned
under planning permission 15/00150/FLL & 19/00511/FLL (associated Section 42)

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for the existing private access. Transport and Development have raised no
requirement for this to be conditioned again as part of the application under
assessment. 
70 The site plan shows provision for eight car parking spaces, with sufficient space
within the site for vehicles to turn. 
71 The applicant has submitted a trip generation and traffic flow assessment, which
indicates that traffic volumes on Cottown Road are low. The development is
expected to generate approximately one vehicle in the morning peak hour and four
in the evening peak hour. Additionally, the applicant expanded on the original
transport assessment in light of the objections. Alongside peak traffic numbers, off-
peak traffic, including deliveries of grain, removal of spent grain and effluent, and
occasional van deliveries, is also limited, averaging around 6-7 trips per week.
Heavy vehicles movements are minimal, grain deliveries estimated at one truck per
month. The applicant stated that overall traffic levels will no greater than and less
likely than those associated with the presently authorised (yet not presently
operational) artificial insemination business. 
72 Given the lack of objection from Transportation and Development and the further
supporting information provided by the agent, there are no further implications
associated with the proposal from a roads and access perspective. However, a
condition has been applied relating to core path which forms part of the access
track must not obstructed during building works or on completion (Condition 2). 
Drainage and Flooding 
Flood Risk 
73 According to SEPA flooding maps, there is localised incidences of small and small
watercourse flooding within the wider site. However, this does not affect the existing
buildings in question, which benefits from an existing surface water drainage
system. 
Foul Drainage 
74 Objections raised concerns regarding foul water storage tanks, effluent
management and risk of spills. Regarding the location of the storage tank, the
applicant has confirmed that this will be sealed tank located underground, therefore
no visual or odour impacts are associated. It was also confirmed that the storage
tank and its contents are non-combustible. The applicant also confirmed that the
effluent system will be in line with Building Standards and that no effluent will seep
into neighbouring properties given the topography of the land which slopes north to
south. 
Conservation Considerations 
75 The site is located within a site of archaeological interest (Pitfour Brick and Tile
Works- MPK13384). However, it is unlikely that the proposal will affect the site’s

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archaeological value given that operations will be taken place within existing
buildings. 
Natural Heritage and Biodiversity 
76 There are no natural heritage or biodiversity implications associated with this
proposal. It was highlighted at pre-application stage, the potential for bat roosting
within the buildings, however due to their age and construction type, roosting
potential is unlikely. 
Developer Contributions 
77 The proposal site is located within the full transport infrastructure contributions
boundary. The Council’s Transport Infrastructure Developer Contributions
Supplementary Guidance requires a financial contribution towards the cost of
delivering the transport infrastructure improvements which are required for the
release of all development sites in and around Perth. However, in order to support
the economic growth of Perth and Kinross, new employment uses which fall under
the Employment Land Use category of the Transport Infrastructure section of this
Guidance, and which are to be developed on brownfield land, will not be required to
contribute. 
78 As a result, a transport infrastructure contribution is not required 
Economic Impact 
79 The economic impact from the proposals includes the creation of a new rural
business within an existing settlement boundary. 
Variation of Application Under Section 32A 
80 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 relate to changes to the existing/ proposed floor plan layout &
existing/proposed sections. 
Planning Obligations and Legal Agreements 
81 None required. 
Direction By Scottish Ministers 
82 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.

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Conclusion and Reasons for Recommendation 
83 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. 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. 
3. 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 safeguard the neighbouring residential amenity in the area. 
4. Noise from operations on site shall not exceed L A90,1 hour background noise level
plus 5dB (A), including any relevant penalties for tonality, impulsivity, intermittency,
or other sound characteristics when measured at any residential property in
accordance with BS4142:2014+A1:2019. 
Reason - To safeguard neighbouring residential amenity in the area.

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5. Servicing of and deliveries to the premises shall be carried out between 0700 and
1900 Monday to Saturday only, with no servicing or deliveries permitted on
Sundays. 
Reason - To safeguard the neighbouring residential amenity in the area. 
6. 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 - To safeguard the neighbouring residential amenity in the area. 
7. All mitigation measures as detailed within Section 6 of the Odour Impact
Assessment (document no.38 relates) shall be fully implemented for the lifetime of
the development. 
Reason - To safeguard the neighbouring residential amenity in the area. 
8. No odours from the distillery shall be discernible on the boundary with the nearest
residential property. 
Reason - To safeguard the neighbouring residential amenity in the area. 
9. Prior to the commencement of the development an Operational Management Plan
shall be submitted for the written approval of the planning authority. The plan shall
include a Noise Management Plan & Odour Management Plan that includes all
sources of noise & odour associated with the craft distillery and, the measures that
will be put in place to minimise and/or control noise & odours. The plan shall be
reviewed on a regular basis or, following receipt of a justified complaint or at the
request of the planning authority. Once the Operational Management Plan has been
approved, it shall be fully implemented for the lifetime of the development.
Reason - To safeguard the neighbouring residential amenity in the area. 
10. In the event of a justified noise complaint being received by the Council the operator
shall, at its own expense, employ a consultant approved by the Planning Authority
to carry out a noise assessment to verify compliance with conditions 3 and 4 above.
The assessment will be carried out to an appropriate methodology agreed in writing
with the Planning Authority. If the noise assessment shows that the noise levels do
not comply with conditions 3 and 4 a scheme of noise mitigation shall be included
with the noise assessment, specifying timescales for the implementation of the
scheme and shall be submitted to the Planning Authority with 28 days of the
assessment. The mitigation scheme shall thereafter be implemented in accordance
with the approved scheme and timescales. 
Reason - To safeguard the neighbouring residential amenity in the area. 
11. In the event of a justified odour complaint being received by the Council the
operator shall, at its own expense, employ a consultant approved by the Planning

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Authority to carry out an odour assessment to verify compliance with conditions 7
and 8 above. The assessment will be carried out to an appropriate methodology
agreed in writing with the Planning Authority. If the odour assessment shows that
the odour levels do not comply with conditions 7 and 8 a scheme of odour mitigation
shall be included with the odour assessment, specifying timescales for the
implementation of the scheme and shall be submitted to the Planning Authority with
28 days of the assessment. The mitigation scheme shall thereafter be implemented
in accordance with the approved scheme and timescales. 
Reason - To safeguard the neighbouring residential amenity in the area. 
Justification 
The proposal is in accordance with the Development Plan and there are no material
reasons which justify departing from the Development Plan. 
Procedural Notes 
Not applicable. 
Informatives 
1. Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as
amended) the person undertaking the development is required to give the planning
authority prior written notification of the date on which it is intended to commence
the development. A failure to comply with this statutory requirement would
constitute a breach of planning control under section 123(1) of that Act, which may
result in enforcement action being taken. Please use the form attached herewith. 
2. As soon as practicable after the development is complete, the person who
completes the development is obliged by section 27B of the Town and Country
Planning (Scotland) Act 1997 (as amended) to give the planning authority written
notice of that position.  Please use the form attached herewith. 
3. The 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. 
4. An application for Building Warrant may be required. 
5. 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 a former brick and clay works 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.

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6. 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. 
Background Papers
Letters of representation 7 
Authors
Name Designation Contact Details
Adam Cairns Planning Officer
(Locals Team)
01738 475300
developmentmanagement@pkc.gov.uk 
Approved
Name Designation Date
Paul Williamson Team Leader (Local Developments) 29 April 2026