Minute of Meeting of Planning and Placemaking Committee of 13 May 2026 for Approval
Perth and Kinross Council · 10 June 2026
Back to Planning and Placemaking Committee — 10 June 2026 and its agenda
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Planning and Placemaking Committee Minute of hybrid meeting of the Planning and Placemaking Committee held in the Council Chambers, 2 High Street, Perth, on Wednesday 13 May 2026 at 9.30am. Present: Councillors I Massie, G Stewart, K Allan, B Brawn, D Cuthbert, M Frampton (substituting for Bailie M Williamson from Item 5(1)(ii)), K Harvey (from Item 5(1)(ii)), D Illingworth, I James, Bailie C McLaren (up to and including item 5(2)(ii)) and R Watters. In Attendance: L McLean, C Morilly, S Panton, L Reid, K Smith and P Williamson (all Economy, Development and Planning); A Brown, C MacLeod and M Pasternak (all Legal and Governance). Apologies: Bailie M Williamson. Councillor I Massie, Convener, Presiding. 1. Welcome and Apologies The Convener welcomed everyone present to the meeting and noted apologies as above. 2. Declarations of Interest There were no Declarations of Interest made in terms of the Councillors Code of Conduct. 3. Minutes The minute of meeting of the Planning and Placemaking Committee of 11 March 2026 was submitted and approved as a correct record. 4. Deputations In terms of Standing Order 13, the Committee agreed to hear deputations in relation to the following planning applications: Planning Application No. Item No. 24/01188/FLM 5(1)(i) 25/00168/FLM 5(1)(ii) 25/01174/FLL 5(2)(i) 25/01834/FLL 5(2)(ii) 25/01855/FLL 5(2)(iii)
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5. Applications For Determination (1) Major Applications (i) 24/01188/FLM - Formation of a 49.9 MW solar farm and battery energy storage system comprising of ground mounted solar arrays, inverters, transformers, a substation, a DNO substation, security fencing, CCTV cameras, cabling, access tracks and associated works, Kinnon Park Farm, Methven, Perth, PH1 3NE (Report No. 26/124) C MacLeod, solicitor, advised that the letter and note from Morton Fraser MacRoberts LLP, submitted by the agent, had been circulated around members of the Committee. He also advised that the planning service had no alterations to the recommendations contained in Report 26/124 following receipt of this. Mr R Mills, objector, addressed the Committee and answered members questions. Councillor M Frampton, Local Member, addressed the Committee but did not wish to answer questions. Mr N Gray, agent and Mr C Greig, supporter, addressed the Committee and answered members questions. Resolved: Refuse, for the following reasons: Reasons 1. The development, owing to its size, scale, appearance and location, raises significant landscape character and visual impact concerns, failing to contribute positively to the quality of the surrounding built and natural environment. The development is therefore considered contrary to Policies 1A, 1B ‘Placemaking’, and Policy 39 ‘Landscape’ of the adopted Perth & Kinross Local Development Plan 2 (2019) and Policy 4(a) ‘Natural Places’, of National Planning Framework 4 (2023), as well as the Council’s Placemaking Supplementary Guidance (2020). 2. The development, owing to inadequate mitigation in seeking to offset landscape concerns raised, fails to comply with Policy 11(e)(ii) ‘Energy’, of the National Planning Framework 4 (2023). 3. The development negatively impacts upon soils and the loss of prime agricultural land has not been suitably justified. Therefore, the proposal is contrary to Policy 50 ‘Prime Agricultural Land’ of the adopted Perth and Kinross Local Development Plan 2 (2019), and Policy 5(b)(i) ‘Soils’ of National Planning Framework 4 (2023).
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Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. (The committee took a short recess) (Councillor M Frampton and K Harvey joined the meeting at this point. Councillor K Harvey indicated that he had a non-financial interest in terms of Item 5(2)(i).) (ii) 25/00168/FLM - Formation of a 49.9 MW battery energy storage facility comprising battery storage units, ancillary buildings and equipment access road and associated works, land 300 metres west of Tir Artair, Killin, FK21 8TX (Report No. 26/125) Ms J Robertson, Glen Lyon and Loch Tay Community Council, objector, followed by Mr A Rosenburg, applicant (via telephone), addressed the Committee and answered members questions. Resolved: Grant, subject to the following terms, conditions (including amended wording of Condition 11) and informatives: Conditions General 1. This planning permission will last only for three years from the date of this decision notice unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at anytime on Sundays. Reason - In the interests of residential amenity and to ensure a satisfactory standard of local environmental quality during the construction period. 3. No development shall commence on site until all the relevant consents from Stirling Council have been secured. Reason - As part of the application site is located within Stirling Council area. Archaeology and Cultural Heritage 4. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) which has been submitted by the developer and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT).
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Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress. Reason - To ensure archaeological monitoring is carried out to safeguard and record any archaeological remains within the development area. Roads and Transportation 5. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Road Network Management), a Traffic Light and Signage Plan. The plan should give due regard to addressing junction visibility within the Perth and Kinross Council boundary. The Traffic Light Plan as approved shall be implemented and strictly adhered to during the entire site construction programme. Reason - In the interest of road safety 6. Prior to the commencement of the development hereby approved, a maintenance agreement shall be entered into, in respect of the construction traffic route, with the Local Roads Authority under Section 96 of the Roads (Scotland) Act 1984. Confirmation of this agreement being in place shall be provided to the Council, as Planning Authority, a minimum of four weeks prior to the commencement of development. These roads shall be inspected on a regular basis and repairs carried out to the timescale and standards specified by the Roads Authority. Reason - In the interest of roads management. 7. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Stirling Council) and the Roads Authority (Perth and Kinross Council), a Construction Traffic Management Plan (CTMP) which shall include the following: a. restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used
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b. timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events c. a code of conduct for HGV drivers to allow for queuing traffic to pass d. arrangements for liaison with the Roads Authority regarding winter maintenance e. emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown f. arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road g. arrangements for cleaning of roads affected by material deposited from construction sites associated with the development h. arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians i. details of information signs to inform other road users of construction traffic j. arrangements to ensure that access for emergency service vehicles are not impeded k. co-ordination with other significant developments known to use roads affected by construction traffic l. traffic arrangements in the immediate vicinity of temporary construction compounds m. monitoring, reporting and implementation arrangements n. arrangements for dealing with non-compliance; and o. details of HGV movements to and from the site. The CTMP as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of road safety. Reason - In the interest of proper site management. Biodiversity and Natural Environment 8. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document 29 relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 9. An updated ecology survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the ecology survey approved as part of this permission.
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The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 10. Prior to the commencement of the development hereby approved, a Construction Environmental Management Plan (CEMP) outlining the measures to protect the watercourse from the impact of pollution and sediment to ensure no adverse effects on the River Tay SAC and Loch Tay Marshes SSSI shall be submitted and approved in writing by the Council as Planning Authority. Thereafter, the CEMP as agreed shall be adhered to in full for the duration of the construction period. Reason - In the interests of protecting environmental quality and of biodiversity. 11. Prior to the commencement of the development hereby approved, a Site Biodiversity Action Plan including the location, quantity, specification and maintenance requirements for biodiversity enhancement measures shall be submitted for the further written agreement of the Council as Planning Authority. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development. Reason - In the interests of protecting environmental quality and of biodiversity. Trees and Landscaping 12. Prior to the development commencing on site, the applicant shall contact the Council, as Planning Authority to arrange a pre-commencement site meeting with the appointed landscape contractor, project manager, and PKC Tree Officer to assess site conditions, pre-planting site preparation works, & plant protection methods. The written outcomes of this meeting must be strictly adhered to. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 13. Prior to development commencing on-site, the applicant shall contact the Council, as Planning Authority to arrange a post planting site meeting with the appointed landscape contractor, project manager, and PKC Tree Officer to assess completion of landscaping. The written outcomes of this meeting must be strictly adhered to and the landscaping plan hereby approved must be implemented accordingly, prior to the bringing into use of the development. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority.
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14. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar size, species and number. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. Environmental Health – Noise, Odour and Lighting 15. 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 20 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In the interest of protecting residential amenity. 16. Noise from the battery storage facility shall not exceed 33dB, including any relevant penalties for tonality, impulsivity, intermittency, or other sound characteristics, when measured at any residential property in accordance with BS4142 – Method for Rating Industrial Noise Affecting Mixed Residential and Industrial Areas. Reason - In the interest of protecting residential amenity. 17. Prior to the development hereby approved being completed or brought into use, mitigation measures contained within Section 6.0 of the Noise Impact Assessment (NIA – Document No 26), shall be implemented in full. Reason - In the interest of protecting residential amenity. 18. In the event, that justified complaints for noise are received by the Council, the applicant at their own expense, shall employ an independent and suitably qualified consultant to carry out a Noise Assessment from the development. The appointed consultant and methodology for the Noise Assessment shall be submitted to and approved in writing by the Planning Authority in consultation with Environmental Health within 28 days of being notified of the complaint. Within 28 days of approval of appointed consultant and methodology, a Noise Assessment shall be submitted outlining mitigation and recommended timescales for delivery. Thereafter, all mitigation measures shall be implemented within the timescales recommended. Reason - In the interest of protecting residential amenity. 19. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In the interest of protecting residential amenity.
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Facility 20. In the event the hereby approved development fails to store electricity on a commercial basis for a continuous period of 12 months, or 30 years from the date of commencement of development, whichever is sooner, then it shall be deemed to have permanently ceased to be required. In such an event the development shall be decommissioned, and the relevant parts of the site reinstated within such timescale as agreed in writing by the Council as Planning Authority. Reason - To ensure the facility is removed from the site at the end of its operational life, and to protect the character of the countryside, the visual amenity of the area and nature conservation interests. 21. Prior to the commencement of development, the exact colouring of the battery storage units shall be submitted to the Council as Planning Authority for written approval. Thereafter, the scheme shall be delivered in accordance with the approved details and maintained for the life of the development. For the avoidance of doubt, the colouring should be recessive to blend the development in with the surrounding rural landscape. Reason - In the interests of visual amenity and to protect the rural nature of the area. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Records indicate that at least part of the proposed development site lies within a radon affected area where the measurement/monitoring of radon gas and the installation of mitigation measures may be required. Further information on radon gas and the associated reports that can be obtained is available at www.ukradon.org and at http://shop.bgs.ac.uk/georeports/. 2. 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. 3. 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.
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4. An application for a Building Warrant may be required. 5. Trees and scrub are likely to contain nesting birds between 1 March and 31 August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission 6. The applicant is reminded that, should any protected species be present, a license may be required from NatureScot to disturb a protected species. Failure to obtain a license may constitute a criminal act under the Habitats Regulations and penalties are severe for non-compliance. 7. This development will require the 'Display of notice while development is carried out', under Section 27C (1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. According to Regulation 41 the notice must be: • Displayed in a prominent place at or in the vicinity of the site of the development. • Readily visible to the public. • Printed on durable material. 8. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 9. The developer is advised to contact Sophie Nicol, Historic Environment Manager (Tel: 01738 477027) Perth and Kinross Heritage Trust, to discuss terms of reference for work required.
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10. The applicant is advised that, in terms of Sections 56 of the Roads (Scotland) Act 1984, they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. 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. The appointed contractor should liaise with Stirling Council to raise these works on the Scottish Road Works Register and provide confirmation of such to the Road Authority (Perth and Kinross Council). (Councillor Harvey left the meeting at this point.) (2) Local Application (i) 25/01174/FLL - Part change of use of an artificial insemination centre to form a distillery, Glencarse Stud Farm, Cottown, Glencarse, Perth, PH2 7NL (Report No. 26/126) Mr P Williamson introduced the report and advised that should the Committee approve the application condition 2 would require to be reworded. Mr C Porter, objector, addressed the Committee and answered members questions. Motion (Councillors B Brawn and I James) Grant, in terms of Report 26/126, with the amendment to condition 2 and an additional condition requiring that the access road be brought up to an enhanced standard. Amendment (Councillors I Massie and D Illingworth) Grant, subject to the following terms, conditions (including the reworded condition 2) and informatives: Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The core path which forms part of the access track to the site must not be obstructed during building works or on completion.
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Any damage done to the core path and associated signage during building works shall be made good prior to commencement of the use hereby approved. 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. 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.
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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 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. 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.
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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. 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. In terms of Standing Order 21.5 a roll call vote was taken. members voted for the Motion as follows: Councillors B Brawn, D Cuthbert, I James and Bailie C McLaren. members voted for the Amendment as follows: Councillors M Frampton, D Illingworth, I Massie, G Stewart and R Watters. 1 member Abstained as follows: Councillor K Allan
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Resolved: In accordance with the Amendment. (The Committee took a short recess) (Councillor Harvey returned to the meeting at this point) (ii) 25/01834/FLL - Erection of staff accommodation unit, amenity building, café, formation of outdoor seating area, car park and associated works, Moor of Rannoch Hotel, Rannoch, Pitlochry, PH17 2QA (Report No. 26/127) Mr G Young, agent (via telephone) and Mr S Meikle, applicant, addressed the Committee and answered members questions. Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The hours of operation of the outdoor seating area shall be restricted to between 0800 to 2200 hours Monday to Sunday. Reason - In order to safeguard the residential amenity of the area. 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 20 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In the interests of residential amenity; in order to safeguard the privacy and amenity of the residents of the neighbouring dwellinghouse(s). 4. No music, amplified or otherwise, shall be permitted in the outdoor seating area at any time. Reason - In order to safeguard the residential amenity of the area. 5. Prior to the development hereby approved being completed or brought into use, an effective ventilation system commensurate with the nature and scale of cooking to be undertaken shall be installed and operated such that cooking odours are not exhausted into or escape into any neighbouring buildings. Thereafter the system shall be maintained.
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Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 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 - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 7. Within 2 months of receipt of a written request by the Council as Planning Authority, following a substantiated complaint from a sensitive property, the operator/applicant shall, at its own expense, employ a consultant approved by the Planning Authority to carry out an assessment of glint and glare from the development. The glint and glare assessment shall be submitted to and approved in writing by the Planning Authority. The assessment must identify any mitigation measures required if appropriate. Any mitigation measures identified shall be implemented on site in accordance with a timescale to be agreed with the Planning Authority. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 8. The staff accommodation hereby approved shall be used solely in conjunction with the hotel, shall not be let or occupied separately at any time and shall be retained within the same planning unit as the main hotel. Reason - In order to clarify the terms of the permission; to control and restrict the use of the building. 9. In the event that the use is discontinued, the development authorised by this permission shall be removed and the site reinstated to a condition agreed in writing by the Council as Planning Authority, prior to reinstatement works commencing. Reason - To ensure the development is removed from the site on the expiry of the permission, and to protect the character of the countryside, the visual amenity of the area and nature conservation interests. 10. Prior to the development hereby approved being completed or brought into use the vehicular access shall be formed in accordance with Perth & Kinross Council's Road Development Guide Type B Figure 5.6 access detail with 3 metre radii kerbing of Type A Road construction detail. The Type A Road construction detail shall continue into the entrance of the site for a minimum of 3 metres. The works shall not impact on the roads drainage system. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary.
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11. Prior to commencement of any development on site, a detailed design for secure covered cycle parking facility shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The cycle parking, as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority prior to the development being brought into use. Reason - To encourage active travel and meet advice in NPF4 on transport. 12. Prior to commencement of any development on site, a breeding bird protection plan which includes a survey for black throated diver within 1km of the site, shall be submitted for the written approval of the Council as Planning Authority. Thereafter, the approved plan shall be implemented to ensure no disturbance of breeding black throated diver. Alternatively, work shall be scheduled outside of breeding season to avoid disturbance, 1st September to 31st March only. Reason - To ensure the development does not impact negatively on Rannoch Lochs SPA. 13. Development shall not commence until a Construction Environmental Management Plan (CEMP) that incorporates pollution prevention measures to minimise the risk of impacts on the features of Rannoch Moor SAC and River Tay SAC is submitted and approved in writing by the Council as Planning Authority. The CEMP should include the following: a) pollution prevention safeguards including drainage arrangements and the possible use of siltation traps, settlement tanks and bunds b) storage and disposal of materials including the siting of stockpiles, use of buffer strips and disposal methods c) construction site facilities including extent and location of construction site huts, vehicles, equipment, fuel, chemicals and materials compound d) timing, duration and phasing of construction The Construction Environmental Management Plan and mitigations as agreed in writing by the Council as Planning Authority shall be fully implemented as part of the planning permission. Reason - To ensure the development does not negatively impact on the nearby Special Area of Conservation. 14. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document(s) 23 relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity.
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15. Prior to the commencement of the development hereby approved, a detailed plan indicating location, quantity, specification and maintenance requirements for all the recommended biodiversity enhancement measures within the supporting biodiversity survey submitted and hereby approved (document(s) 23 relates) shall be submitted for the further written agreement of the Council as Planning Authority. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 16. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day. Reason - In order to prevent animals from being trapped within any open excavations. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the planning authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. Please use the form attached herewith. 3. All surface or foul water arising from the development must be collected and diverted away from Network Rail Property. Any Sustainable Urban Drainage Scheme should not be sited within 10 metres of railway infrastructure and should be designed with long term maintenance plans which meet the needs of the development.
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4. The applicant should ensure that any existing wayleaves for maintenance or repair to existing private water supply or septic drainage infrastructure in the development area are honoured throughout and after completion of the development. 5. The applicant shall ensure the private water supply for the dwellinghouse/ development complies with the Water Scotland Act 1980 (Section 63), The Private Water Supplies (Scotland) Regulations 2006 and The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. 6. A private wastewater treatment plant and septic tank should be provided with an access for desludging. The desludging tanker should be provided with access to a working area that: • will provide a clear route for the suction hose from the tanker to the tank, and • is not more than 25m from the tank where it is not more than 4m higher than the invert level of the tank, and • is sufficient to support a vehicle axle load of 14 tonnes 7. 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. 8. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 9. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. (Bailie McLaren left the meeting at this point) (iii) 25/01855/FLL - Erection of free-range egg production building and associated works, Gloagburn Farm, Tibbermore, Perth, PH1 1Q (Report No. 26/128) Mr C Niven, applicant, addressed the Committee and answered members questions. Resolved: Grant, subject to the following terms, conditions and informatives:
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Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Plan (CTMP) which shall include the following: a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; c) arrangements for liaison with the Roads Authority regarding winter maintenance; d) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; e) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; f) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; g) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; h) details of information signs to inform other road users of construction traffic; i) arrangements to ensure that access for emergency service vehicles are not impeded; j) co-ordination with other significant developments known to use roads affected by construction traffic; k) monitoring, reporting and implementation arrangements; l) arrangements for dealing with non-compliance; and m) details of HGV movements to and from the site. The CTMP as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of road safety
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3. Prior to the commencement of the development hereby approved, a revised detailed landscaping and planting scheme for the site shall be submitted for the further written agreement of the Council as Planning Authority. The scheme shall include details of the species, height, size, location, density and maintenance regime of trees and shrubs to be planted. The scheme shall include native tree and hedgerow planting to strengthen boundaries and reduce visual impact. The scheme as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. The approved scheme shall thereafter be maintained, with any planting which fails to become established within five years being replaced in the following planting season with others of a size and species as previously approved. Reason- In the interests of protecting environmental quality and of biodiversity. 4. All trees and hedgerows on site shall be retained. Reason- In the interests of protecting environmental quality and of biodiversity. 5. 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 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 neighbouring residential amenity in the area. 7. Servicing of and deliveries to the premises, except for livestock removal, shall be carried out between 0800 and 1800 Monday to Sunday only. Reason - To safeguard neighbouring residential amenity in the area. 8. Audible vehicle reversing alarms shall be operated on the method that they only emit the warning, if necessary, e.g., on an infrared signal which detects persons to the rear of the vehicle. Reason - To safeguard neighbouring residential amenity in the area. 9. Prior to the development being brought into use an Operational Management Plan shall be submitted for the written approval of the planning authority.
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The plan shall include all sources of noise, dust and odour associated with the premise, including vehicle and forklift noise and the measures that will be put in place to minimise and/or control noise, dust, and odour. 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 neighbouring residential amenity in the area. 10. Should any aspect of the development result in verified noise complaint determined by the Council as Planning Authority in consultation with Environmental Health, within 14 days of written request by the Council as Planning Authority, the applicant shall arrange for a Noise Impact Assessment by a suitably qualified noise consultant with the scope and timescale submitted to and agreed in writing with the Council as Planning Authority in consultation with Environmental Health. Thereafter any agreed mitigation measures shall be implemented to ameliorate the nuisance. Reason - To safeguard neighbouring residential amenity in the area. 11. Should any aspect of the development result in verified odour complaint determined by the Council as Planning Authority in consultation with Environmental Health, within 14 days of written request by the Council as Planning Authority, the applicant shall arrange for an Odour Impact Assessment (OIA) to be carried out by a qualified consultant. The OIA findings shall be submitted for the written approval of the Council as Planning Authority, in consultation with Environmental Health and must draw conclusions and make recommendations, as necessary. Thereafter any necessary measures to ameliorate the odour nuisance should be put in place, and a new or revised Operational Management Plan must be submitted to the council within a specified agreed timescale. Reason - To safeguard neighbouring residential amenity in the area. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development.
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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. Existing buildings or structures may contain nesting birds between 1 March and 31 August inclusive. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 4. The presence of protected species, and the extent to which they could be affected by the proposed development, should be established before works commence. Should protected species be identified within the site the developer should ensure that all appropriate measures required to comply with the relevant legislation are carried out. 5. The applicant is advised to refer to Perth & Kinross Council’s Supplementary guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. 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.