Agenda Document Pack - Planning and Placemaking Committee - 10/06/2026
Perth and Kinross Council · 10 June 2026
Back to Planning and Placemaking Committee — 10 June 2026 and its agenda
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Ambition | Compassion | Integrity Our vision is for a Perth and Kinross where everyone can live life well, free from poverty and inequality Council Building 2 High Street Perth PH1 5PH 01/06/2026 A hybrid meeting of the Planning and Placemaking Committee will be held in the Council Chamber on Wednesday, 10 June 2026 at 09:30. If you have any queries please contact Democratic Services on (01738) 475000 or email Committee@pkc.gov.uk. THOMAS GLEN Chief Executive Those attending the meeting are requested to ensure that all notifications are silent on their device and other devices are in silent mode. Please note that the meeting will be broadcast online and recorded. The recording will be publicly available on the Council’s website following the meeting. Members: Councillor Ian Massie (Convener) Councillor Grant Stewart (Vice-Convener) Councillor Keith Allan Councillor Bob Brawn Councillor Dave Cuthbert Councillor Ken Harvey Councillor David Illingworth Councillor Ian James Bailie Claire McLaren Councillor Richard Watters Bailie Mike Williamson Page 1 of 92
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Planning and Placemaking Committee Wednesday, 10 June 2026 Agenda Members are reminded of their obligation to declare any financial or non- financial interest which they may have in any item on this agenda in accordance with the councillors’ code of conduct. 1 WELCOME AND APOLOGIES 2 DECLARATIONS OF INTEREST 3 MINUTE OF MEETING OF PLANNING AND PLACEMAKING COMMITTEE OF 13 MAY 2026 FOR APPROVAL (copy herewith) 5 - 26 4 DEPUTATIONS 5 APPLICATIONS FOR DETERMINATION 5(1) LOCAL APPLICATIONS 5(1)(i) 25/01678/FLL - ERECTION OF 35 DWELLINGHOUSES AND ASSOCIATED WORKS (ALLOCATED SITE H40 IN THE PERTH AND KINROSS LOCAL DEVELOPMENT PLAN 2 (2019)), SITE EAST OF ST CEDD'S ROAD, BALLINLUIG Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/165) 27 - 58 5(1)(ii) 26/00303/FLL - ERECTION OF GYPSY/TRAVELLER TRANSIT SITE, 10 HARDSTANDING PITCHES, AMENITY BLOCK AND EV CHARGING POINT, SITES 6-9 AND 12 ISLAY PLACE, PERTH Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/166) 59 - 82 6 PROPOSAL OF APPLICATION NOTICES (POAN) 6(i) 26/00004/PAN - ERECTION OF RESIDENTIAL DEVELOPMENT, LANDSCAPING AND ASSOCIATED 83 - 92 Page 3 of 92
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INFRASTRUCTURE, LAND 60 METRES SOUTH OF 43 DUNTAYLOR AVENUE, ABERFELDY PH15 2BX Pre- application Report by Development Management and Building Standards Service Manager (copy herewith 26/167) Page 4 of 92
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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) 3 Page 5 of 92
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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). Page 6 of 92
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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). Page 7 of 92
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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 Page 8 of 92
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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. Page 9 of 92
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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. Page 10 of 92
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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. Page 11 of 92
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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. Page 12 of 92
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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. Page 13 of 92
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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. Page 14 of 92
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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. Page 15 of 92
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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. Page 16 of 92
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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 Page 17 of 92
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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. Page 18 of 92
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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. Page 19 of 92
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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. Page 20 of 92
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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. Page 21 of 92
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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: Page 22 of 92
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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 Page 23 of 92
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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. Page 24 of 92
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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. Page 25 of 92
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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. Page 26 of 92
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Perth and Kinross Council Planning and Placemaking Committee – 10 June 2026 Report of Handling by Development Management and Building Standards Service Manager (Report No. 26/165) Proposal: Erection of 35 dwellinghouses and associated works (allocated site H40 in the Perth and Kinross Local Development Plan 2 (2019)) Location: Site East of St Cedd's Road, Ballinluig Ref. No: 25/01678/FLL Ward No: P4- Highland Summary This report recommends approval of a detailed planning application for a remix of a ‘live’ residential site within the Ballinluig settlement boundary, as application as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. Background And Description of Proposal 1. This planning application seeks to amend existing and ‘live’ residential permissions on a site within the Ballinluig settlement boundary. Notwithstanding its planning status, the site remains within the Perth and Kinross Local Development Plan 2 (2019) as a 1.7 hectare residential site (H40) capable of delivering an indicative 14-21 units. 2. Detailed permission was initially granted on this site in 2009 for 15 residential dwellings, and that permission has subsequently been amended over the years, including an extra 4 dwellings being added in 2018. Initial engineering operations have occurred on site, and 3 of the dwellings have been built out at the southern end of the site before further construction stalled. It is therefore the settled position of the Council that the relevant planning permissions have commenced, are no longer time barred and planning permission remains in place for a further 16 units. 5(1)(i) Page 27 of 92
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3. This application looks to increase the number of units from that balance of 16 up to 35 units. This would be delivered by a remix of house types which are mostly two storey. The house types proposed comprise 8 different house types (some variations of the same design), the majority being semi-detached, cottage flats (four units in a block), and a terrace. A single detached unit is proposed. The ‘live’ permission was mostly detached units with several pairs of semi-detached, with accommodation over one level or two levels with the upper levels within the roof spaces. 4. Collectively, the proposal provides a good variance of different bedrooms and occupancy options from small 1 bed/2 persons units up to large family homes comprising 3 bed/6 person offerings. All of the units are to be affordable and the site has been identified with Council’s current Strategic Housing Investment Plan (SHIP) as a priority site for affordable housing. The allocation of funding through the SHIP was a response to a demand for modern, affordable homes in Highland Perthshire which was highlighted in a briefing paper to elected members in May 2025 (Affordable Housing Supply Programme 24/25). The paper identified the highland ward as an area where significant demand exists for affordable homes as a result of limited progress in delivery of homes up to 2025, largely due to difficulties in land availability. With the site history of a ‘live’ permission established and a willing land owner, the application site was highlighted as a suitable location for new affordable homes. 5. The Council is looking to take ownership of the properties upon completion to deliver social rented affordable housing. 6. A breakdown of the size and type of units is listed below, • 1 bed, 2 person (8) – Cottage flats over two storeys • 1 bed, 2 person (2) – Cottage flats over two storeys • 2 bed, 3 person (2 units) – Semi-detached dwelling over two storeys • 2 bed, 3 persons (12) – Cottage flat over two storeys • 2 Bed, 4 person (2) – Semi-detached single storey for wheelchair users • 2 bed, 4 person (1) – detached single storey for wheelchair user • 3 bed, 5 person (2) – semi detached over two storeys • 3 bed, 6 person / 5 person (6), terrace over two storeys 7. In terms of the three units which are intended for wheelchair user occupancy, it should be noted that all the 35 units will comply with the Building Standards regulations in relation to accessibility requirements. The three specific wheelchair units are however fully wheelchair accessible throughout by virtue of being single storey in nature. 8. As part of the proposal, a new sustainable urban drainage (SUDS) basin will be formed at the lower part of the site (northwest), and an informal private area of amenity space will be delivered at the highest part (northeast). Page 28 of 92
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Discussions remain on going whether the basin will be adopted by either Scottish Water or the Council, but the amenity space area will not be adopted by the Council but will be privately maintained by the applicant and available for public use. 9. In terms of means of vehicular access to the site, a new connection to an existing hammerhead on St Cedd’s Road will formed. The new road serving the development will be made up to an adoptable standard and will ultimately be adopted by the Council and added to its local road network. 10. In terms of renewable technologies, all the units will have access to EV charging stations, PV panels and air source heat pumps. 11. The natural slopes of the site slopes upwards west to east, away from the existing dwellings on St Cedd’s Road and the slope continues past the boundary of the site to the east. The current ground levels have areas of bunds and raised soils which is a result of recent drainage works, archaeological investigations and early site investigation activities. In order to deliver the road and drainage infrastructure in particular, and to help reduce the level of overlooking to existing properties, the ground levels of the road and the floor level of the residential units will be lower than the existing ground levels across the site by up 3.5m. 12. The eastern portion of the site, as well as the north and south will be regraded from the development site back up to existing levels. A number of retaining walls (approx. 0.5m-1.8m in height) and ‘cuts’ are proposed across the principal part of the site to stabilise the ground, and these will replace the formerly approved retaining structure which ran across the site north to south. At the proposed SUDS area, a more substantial engineered retaining structure of approx. 3.4m is required. Site History 13. 09/00590/FUL - Full Planning Permission was approved on the site on 31 July 2009 for Erection of 15 dwellinghouses with integral garages or parking and associated infrastructure 14. 14/00589/FLL - Full Planning Permission was approved on the site 15 July 2014 for the variation of condition 1 of permission 09/00590/FLL (the erection of 15 dwellinghouses) and associated works) to extend the time period for the commencement of development. This permission has commenced by virtue of material operations commencing on site. Page 29 of 92
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15. 18/02315/FLL - Full Planning Permission was Approved On part of the site 24 April 2019 for the erection of 7 dwellinghouses, formation of vehicular accesses and associated works (revised site layout, change of house types and addition of 4 plots). This permission has commenced by virtue of three of the units being built. 16. 19/00792/FLL - Full Planning Permission was approved on part of the site on 17 June 2019 for the Formation of Rock Armour Retaining Structure. This permission has expired and is now not the preferred engineering solution to stabilising the soil. Environmental Impact Assessment (EIA) 17. The proposal is a Schedule 2 development under the 2017 EIA regulations by virtue of it being more than 0.5ha in size. It has therefore been screened by the Council as the competent Planning Authority to determine whether or not the proposal should be considered an EIA development needs to go through the EIA progress. The outcome of that screening was that the proposal was not proposal is not EIA development. Pre-Application Consultation 18. 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. 19. Notwithstanding this there has been engagement with the local community and the Mid Atholl Community Council both pre-submission and during the submission of the application, as well as pre-submission discussions with the Council. Development Plan 20. The Development Plan for the area comprises National Planning Framework 4, the Perth and Kinross Local Development Plan 2 (2019) and statutory supplementary planning guidance. National Planning Framework 4 21. 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. Page 30 of 92
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22. 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 14: Design, Quality and Place • Policy 16: Quality Homes • Policy 17: Rural Homes • Policy 20: Blue and Green Infrastructure • Policy 29: Rural Development Perth and Kinross Local Development Plan 2 (2019) 23. 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. 24. The site is located within the settlement boundary of Ballinluig and has been identified as the housing site H40. 25. A number of site-specific developer requirements are listed within the zoning, however it should be borne in mind that there are ‘live’ planning permissions in place for a balance of 16 residential units across the site, and those permissions could be built out as per the approved plans. Page 31 of 92
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26. It is noted that LDP2 within its general description for this settlement and within the table for H40, does not refer to these earlier permissions. The material operations which ‘triggered’ the commencements of the permissions occurred at a comparable time when the LDP2 was being produced, and an updated position in terms of the planning status of the site appears not to have been fully captured before the final version of LDP2 was adopted. It should be noted that within LDP3 the site will not be included as a housing site due to the ‘live’ permissions. 27. In addition to the above, as the site is located within the settlement boundary of Ballinluig, the following general policies are applicable to this proposal, • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 17: Residential Areas • Policy 20: Affordable Housing • Policy 25: Housing Mix • Policy 32: Embedding Low and Zero Carbon Generating Technology in New Development • Policy 41: Biodiversity • Policy 53A: Water Environment and Drainage • Policy 60A: Transport Standards and Accessibility Requirements Statutory Supplementary Planning Guidance 28. The following statutory SPGs are applicable to this proposal, • Developer Contributions & Affordable Housing (adopted in 2023) • Flood Risk and Flood Risk Assessments (adopted in 2021) • Open Space Provision for New Developments (adopted in 2021) • Placemaking (adopted in 2020) Other Material Considerations PKC - Corporate Plan Vision and Priorities 29. The proposed raises no conflict with any of the Council’s priorities, and it aligns positively with the following specific priorities, • Tackling climate change and supporting sustainable places Page 32 of 92
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PKC - The Strategic Housing Investment Plan 2026/27 – 2030/31 30. The Strategic Housing Investment Plan (SHIP) outlines investment priorities for new supply affordable housing over five years, aligning with the outcomes set out in the Local Housing Strategy (LHS) 2022-2027. With the SHIP, the application site was identified as a key priority site for 25 homes for the Council, and 10 homes for a local community housing trust. The trust has since withdrawn their interest, and the Council is now taking on the entire site and all 35 homes. Members will be aware that the committed target for the Council is 210 affordable homes per year. National Planning Guidance 31. The Scottish Government expresses its planning policies through Planning Notes, Planning Guidance 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 32. PAN 2/10: Affordable housing and land audits offers guidance on Affordable Housing provision, and type of affordable housing. Planning Guidance 33c. The Scottish Government recent guidance on Biodiversity (2025) highlights the importance of both protection and enhancement of biodiversity in new developments. National Roads Development Guide 2014 34. 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. Other PKC Non-Statutory Planning Guidance 35. The following non-statutory planning guidance are applicable to this proposal, • Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning & Biodiversity Page 33 of 92
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Local Place Plans 36. Local Place Plans (LPP) 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 existing LPP which affect this proposal. Consultations 37. As part of the planning application process the following bodies were consulted: External 38. Transport Scotland have commented on the proposal in terms of the impact on the A9(T) and have raised no objections. 39. Scottish Water have commented on the proposal in terms of public capacity and have raised no objection at this stage. 40. NHS have been consulted on the proposal in terms of their views on capacity issues with local NHS services but have opted not to make any specific comment. Internal Council Comments 41. Development Contributions Officer has confirmed that there is no requirement for any Transport Infrastructure or Primary Education contributions. 42. Structures and Flooding have commented on the proposal and raised no objection subject to clarification on mitigation measures being agreed and that surface water is managed in accordance with current standards. They also have no objection to the retaining structures but ask that further contact is made direct with the team if any of the structures are proposed for adoption by the Council. 43. Environmental Health have commented on the proposal in terms of noise and construction matters, and have no objections subject to appropriate conditions and informative notes being attached to the permission. 44. Community Greenspace have commented on the proposal and have indicated that the Council would not be looking to maintain the proposed amenity space, but combination of a financial combination towards the upgrade of equipment at the existing LEAP within the village and for the amenity space to be privately maintained and made available for public use would be acceptable. Page 34 of 92
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45. Transportation and Development have commented on the proposal and after the submission of further information, they have no objections to the proposal in terms of the impact on the local road network, the acceptability of the new vehicular access and parking provision. Representations 46 Eight letters of representations were received during the initial consultation period, all of which are objecting to the proposal. Further information was submitted by the applicant in response to both the initial consultations and representations, and included improved visuals and minor changes to the layout. After reconsultation, four of the initial eight interested parties opted to make a further comment, all of which were again objecting to the proposal. Across the two sets of consultations, the principal issues raised within the representations are: • Proposal is contrary to the Development Plan • Out of keeping with the area • Excessive numbers / density • Flooding concerns • Overlooking / loss of privacy • Traffic and access concerns • Lack of infrastructure and public services 47 These issues are addressed in the Appraisal section of the report. Additional Statements Screening Opinion Undertaken by PKC. No EIA required. Environmental Impact Assessment (EIA): Environmental Report Not required. Appropriate Assessment under Habitats Regulations AA not required Design Statement or Design and Access Statement Planning statement submitted Report on Impact or Potential Impact Ecology and drainage Appraisal 48. 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. Page 35 of 92
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49. The Development Plan comprises NPF4, the LDP2 and statutory SPGs. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. 50 In terms of other material considerations, this involves considerations of the Council’s other non-statutory policies and planning guidance - which includes the SHIP, the sites planning history and status, namely it’s a ‘live’ consented residential site. Consideration of national planning guidance and policies are also material considerations and this includes letters from the Scottish Governments Chief Planner about the then emerging housing crisis across the country. Policy 51. There are relevant policies contained in all parts of the Development Plan. 52. In terms of the NPF4, Policies 1 (Tackling the Climate and Nature Crises and 2 (Climate Mitigation and Adaptation) look to ensure that all new developments take into account climate change and its implications. Policy 3 (Biodiversity) seeks to ensure that new developments provide a proportionate level of biodiversity enhancements, Policy 14 (Design, Quality and Place) promotes a high standard of design for all new development, and Policy 16 (Quality Homes) supports new quality homes across Scotland in suitable locations. Policy 20 (Blue and Green Infrastructure) looks to protect and enhance blue and green infrastructure through suitable designs. 53. Whilst this site is located within the LDP2 settlement boundary of Ballinluig, the site is considered to be in a ‘rural’ area. The Scottish Government Urban Rural Classification 2022 provides guidance on a consistent way of defining urban / rural areas across Scotland, and in broad terms the definition of a rural area is an area which has a local population of under 3000 - which would be the case for Ballinluig, and it’s surrounding area. In light of this, whilst the site is within the settlement of the LDP2, Policies 17 (Rural Homes) and Policy 29 (Rural Development) of the NPF4 therefore become relevant, and both of these policies support rural developments subject to certain criteria being met and fulfilled. 54. In terms of the LDP2, whilst the site has a ‘live’ permission for residential development it has been included within the plan as the housing site H40. In addition to this, there are a number of policies within the LDP2 which are applicable to this remix and increase of numbers including Policies 1 (Placemaking), 17 (Residential Areas), Policy 20 (Affordable Housing), 25 (Housing Mix), 32 (Embedding Low and Zero Carbon Generating Technology in New Development), 41 (Biodiversity), 53A (Water Environment and Drainage) and 60A (Transport Standards and Accessibility Requirements). Page 36 of 92
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55. Policy 1 seeks to ensure that all new proposals respect the character and amenity of the area concerned, whilst Policy 17 generally encourages new residential developments within settlement providing the proposal is at the right density, and that the development respects the character of the area. Policy 20 looks to ensure that a suitable provision of affordable housing is included within residential developments, with a strong preference for onsite provision for the medium and larger scale developments – which this what development would be considered as. 56. Policy 25 looks to ensure that residential sites have a health balance of house types offering a range of occupancy options, whilst Policy 32 looks to ensure that all new developments take into account climate change and include low and zero carbon generating technologies into the development, and this especially relates to heating systems. 57. Policy 41 looks to ensure that both protected and local wildlife are fully considered as part of the assessment of developments, and Policy 53 looks to ensure that the existing water environment is not affected by new proposals and that drainage measures are fully considered. Policy 60 looks to ensure that all road and parking related matters comply with Council’s own standards, as well as the standards contained within the NRDG. 58. In terms of statutory supplementary planning guidance, the Council policies on Developer Contributions and Affordable Housing, Flooding and Open Space on New Residential Sites are all applicable. Affordable Housing / Housing Emergency Affordable Housing Provision 59. This application is for 100% affordable housing, and the Council is in advance negotiations to take ownership of all the homes and to make them available for social rent tenure. 60. Members will be fully aware that the Council’s SHIP sets out the key investment priorities for affordable housing over a 5 year period within Perth and Kinross with a target of delivering 210 completed homes per year. This specific site has been included in 2026/27 plan, and given prioritisation as a key affordable housing site. Originally, the Council had intended to only take ownership of 25 units, with the remaining 10 units being advanced by a local Community Housing Trust (CHT), but their interest has subsequently been withdrawn. In order to ensure the site is delivered the Council has consequently taken over all of the 35 units which the SHIP makes reference too and which funds have been allocated towards. Page 37 of 92
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61. The site is within current year financial programme (26/27), which reflects its status as a key strategic objective in terms of the delivery of affordable housing within the Highland Housing Market Area. Once advanced, the 35 homes will contribute significantly towards Local Housing Strategy 210 target of new affordable homes in rural areas for the period 2027/2028 - which is when it is envisaged that completions will start to take place. National Housing Emergency 62. Across Scotland, there is a national housing emergency, and this is one of the Scottish Government’s key areas for concerns and one which the planning system can contribute to addressing through both the Development Plan process (site allocations) and Development Management (determining applications). Within the NPF4, Policy 17 (b) also relates back to the need for new rural homes and looks for Planning Authorities to take into account identified local housing needs, including the need for affordable housing in the locations concerned when assessing applications. Whilst part f) of Policy 17 relates to unallocated and opportunists sites, the reference to offering support for proposals which involve less than 50 units on unallocated sites which are part of a local authority supported affordable housing plan shows a clear policy commitment to supporting sites which are strategically important to local authorities and which have funds committed. 63. Notwithstanding the above, the national housing emergency and the need for affordable homes does not automatically override all other planning assessments and considerations but it is nevertheless a significant consideration for this development bearing in mind the committed financial investment by the Council for developing this site, as identified with the SHIP. Land Use Acceptability 64. The site benefits from previous planning permissions which have commenced by virtue of a material operations taking place within the prescribed timeframes. 65. The site is also identified within the LDP2 as a residential site. 66. Policy 16 (Quality Homes) of the NPF4 makes it clear that proposals for residential development on sites which are identified for residential uses within LDPs should be supported, and that such proposals should offer a range of house types with a focus on delivering affordable, quality homes in suitable locations. There are some specific criteria for new residential sites which are not allocated for residential uses within the LDP, but this would not be directly applicable for this proposal as the site is allocated within the LDP (and it benefits from a planning permission). It is however relevant that Policy 16 through criteria (f) looks to give weight for affordable housing proposals on unallocated sites if there is support for the proposal through local affordable housing plans. Page 38 of 92
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As mentioned previously, this site is included within the Council’s SHIP and has financial support allocated for the coming year. 67. Policy 16 goes on to refers to compliance with Policy 17 (Rural Homes) of the NPF4. 68. Policy 17 reiterates similar position to Policy 16, insofar as implying that proposals on sites which are allocated for residential development in the LDP should generally be supported, providing that they are suitably scaled, sited and designed to be in keeping with the character of the area. 69. In light of this, the principle of a residential development on this site is firmly established and the proposed residential use complies with the principles of both the LDP2 and the NPF4. It is not considered reasonable to revisit the acceptability of a residential use on this site again. 70. The current proposal is however increasing the numbers of units, changing the appearance of the development (by virtue of layout and house types) and would have a different interaction with the existing properties from previous planning permissions. It is also fact that the proposed unit numbers are higher than what is contained within the LDP2. 71. Accordingly, the key considerations for this proposal are therefore focused on these issues, not the principle of a residential use across the site. Density / Numbers 72. The density of a residential development can be considered in two different ways. 73. The most obvious way would be to look at the number of units over a given area. In that regard as the proposal is for 35 units and the LDP2 suggests up to 21 units across the site and the live planning permissions consents for 16 units - the number/density of this development is increasing from these two baselines. 74. Another way of looking at density would not be to focus on the number of units, but to focus on the physical density or built density a development would have. Under the current proposal, the area where development is proposed would be fairly comparable to what already benefits from the two previous planning permissions, especially in terms of the footprint of the proposed units. The combined footprint of the consented 16 units covered approx. 1800sqm whilst the footprint of the buildings accommodating the proposed 35 units is only marginally more at approx. 1850sqm. The areas proposed for new roads and drainage (SUDS) is also broadly the same between the existing permission and this remix. Page 39 of 92
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75. A higher number of units have been delivered by offering cottage flats which have 4 units over a comparable footprint to that of a single detached unit, as well as semi-detaches and terraces. The result is a higher number, but not necessarily a higher building density. 76. General good practice planning principles tend to look to ensure that available sites and those which perhaps already have planning permission, have been allocated within LDP or are brownfield to be developed as efficiently as possible to reduce the pressure on greenfield sites, and placing more pressure on sites which are not as well suited for development. 77. There are significant challenges in securing sites within highland Perthshire which are able to deliver quality, modern affordable homes. When sites such as this do become available, it is essential that the development proposed is as efficient has possible in terms of getting the most out of the site, whilst still being mindful of respecting the area concerned and all the relevant planning policies which are applicable. The increase to 35 does this, and whilst there have been some representations, the development does not compromise existing amenity, nor would it be out of character with the area in terms of its appearance or scale. 78. The layout and general appearance of the development is considered to be acceptable (discussed below), and there are no concerns over the ability of the local road network to accommodate the extra traffic. There are no obvious planning issues restricting the increase in numbers. 79. It is noted that some concerns have been raised about the ability of local services to cope with 35 extra homes, and the ability of the NHS to accommodate new patients in relation to GP and dentists. In terms of general amenities such as local shops etc, more footfall would be positive for helping to ensure that local services are maintained, and the same applies to the local school (Logierait) which has a fragile school roll and is currently operating at around 50%. However, whilst the planning system can help to influence and deliver physical infrastructure, issues over staffing levels is a matter for the NHS to address. The NHS were consulted on this planning application, but opted not to make any specific comment. Design / Layout 80. Concerns have been raised within the representations that the proposed house types would be out of keeping with the existing village, and in particular that the two storey nature of a number of the units is not appropriate. It is the case that the majority of Ballinluig contains single storey properties, and whilst some do have accommodation within their roofspace the majority generally remain single storey in their appearance. Page 40 of 92
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81. Notwithstanding that, there are two storey properties in the village which are a mix of typical two storeys, and others which have two storey elements such as the properties along Buail Bhan. Equally, there are other properties within the village which offer accommodation within their roofspace via a combination of dormers and rooflights. 82. Ultimately, there is not a specific design approach to Ballinluig, or any specific design restriction on what height (or appearance) new properties should be or a development brief for this site. 83. The key considerations are whether or not the character and appearance of the existing area would be adversely affected by the proposal (essentially the combination of the house types and layout), whether the proposal is of a high standard in terms of its design, and ultimately whether the proposal would result in an incongruous development. 84. The design of the house types are of a high quality, with the use of materials which are both traditional (timber and wet dash) and more modern (metal roof). The use of metal as a roof material is becoming more common, primarily due to costings and low maintenance but in rural areas it does not necessarily look out of character with the area. 85. Additional visuals and sectional details have been produced to help demonstrate how development will look in the context of the existing buildings. The reduction in the ground levels by up to 3.5m will bring the levels of the site lower as to what they are currently (and previously), and whilst the finished development will still be located on higher ground than the existing terraces to the west, the different between the two is considered to be acceptable in terms of both the visual impact and helping to reduce overlooking. It does need to be remembered that the development is within a village and within built up areas, some degree of interaction is to be expected. 86. The broad mix of bedrooms and occupancy options is proposed and this is welcomed as it accords with Policy 16(c) of the NPF4 which looks to support proposals which improve affordability and choice by offering affordable homes and a range of size of homes such as those for larger families. It needs to be borne in mind that if two storey units were not included as part of the proposal, it would be exceptionally challenging to increase the number of units above the 16 already approved and to deliver the range of different accommodation options that the current proposal offers. 87. In terms of the visual amenity impacts, there is no doubt the development will be visible from the west, and from the A9(T) but the presence of the existing terraces in the foreground will help to reduce its prominence to some degree. Single storey or buildings with accommodation within the roofspace would have less of a visual impact, however visibility alone is not a reason for refusal. Page 41 of 92
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The question is whether or not there would be an adverse impact on the visual amenity of the area, not whether there is a change to it. In this case, the impact is not considered to be an adverse one. 88. In terms of the general layout across the site, as mentioned previously the natural shape of the site strongly influences where the internal road can be located to allow for any development to occur, and there are not too many different options available, especially bearing in mind the gradients and ground levels. The layout which has been brought forward generally reflects the previous designs which have been acceptable to the Council in terms of the road layout, the location of the dwellings and the SUDS area. The arrangement of essentially a linear road, with development at either site does respect the existing pattern of the village with the three principal streets of Ballinluig all being similar in how they are laid out. Residential Amenity 89. In terms of the potential impact on existing properties to the south and west of the site, it is noted that there have been some representations made in terms of loss of privacy and overlooking. The closest interactions would occur with Plots 34/35 with 14/15 St Cedd’s Road, and the block of cottage flats contained Plots 2-5 and 26-29 St Cedd’s Road. 90. In terms of Plots 34/35 and its relationship with the adjacent properties, after a review of the initial representations the applicant opted reorientate the building to avoid placing windows on the southern elevation facing both the ‘Learig’ and 14/15 St Cedd’s Road. A proposed pedestrian link has also removed, after concerns were raised within the representations. After reviewing the amended proposal, the interested parties concerns that the building would restrict daylight to the existing properties by virtue of its two storey nature remained, some overlooking may still occur and that the building would appear overly oppressive. Additional sectional details (Plan 43) were subsequently received which helps to demonstrate levels and relationships better from the initially submitted plans, and other amendments. Between Plots 34/35 and the Learig there will be approx. 21.5m of separation between properties with new banking proposed along the boundary of the site and landscaping which will help to reduce any direct window to window impacts and also reduce the visual impact of the development from this property. 91 The interaction between Plots 34/35 and 14/15 St Cedd’s is closer than the Learig, with approx. 11.5 between properties, and a closer interaction to the side garden of No 15. Unlike the boundary further to the east along the southern section, the levels between Plots 34/35 and 14/15 St Cedd’s is generally flat, so the new building will appear higher. Overlooking and loss of privacy has been addressed by the reorientation of the building, but there would remain some level of varying heights. Page 42 of 92
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As units 34/35 is to the north of 14/15 St Cedd’s and is not directly behind the existing property, there is not likely to be a significant impact on sunlight or daylight on the rear windows but it is accepted that the larger building might appear oppressive to come degree, but an approx. 2m height increase between properties not particularly uncommon in build-up areas. In all, the relationship at the southern part of the site is considered to be acceptable but clarification on new planting and boundary treatments will be requested to be clarified before the development comments (Condition 7) 92. In terms of Plots 2-5, these will be higher than the terraces to the west as can be shown on Section C-C on Plan 32. Plots 2-5 is located between 10m and 20m from the mutual boundary and approx. 23m-35m from the back of the existing terraces. At these distances, and bearing in mind the orientation of Plots 2-5 is positioned at an angle away from the back of the existing terraces overlooking or loss of privacy is not likely to occur to an unacceptable level. Similar to the southern part of the development, clarification on landscaping, planting and boundary treatments at this location will be subject to further approval. 93. In terms of being able to provide a suitable level of residential amenity for future occupiers, private rear gardens which are at least 9m in depth is the general standard as set out in the SPG on Placemaking. For flats, there is no specific guidance on amenity standards within the SPG, and these are considered on a case by case basis. 94. Across the development there are a mix of houses and flats, and there are some areas where whilst the curtilages of both may be more than 9m in depth, the area of actual amenity space is less due to steep gradients between the development area, and the existing higher ground levels. This is demonstrated on Plan 32 which provides sectional details across the site. 95. Plots 1, 20 and 21 are smaller dwellings, and whilst it would have been preferable for these to have a depth of garden of 9m all three can still provide around over 100sqm of usable amenity space so the issue with the depth of garden is not considered a significant issue for these plots, especially when there are no existing properties to consider. For Plots 20 and 21 a large proportion would be private, but for Plot 1, the associated amenity space would be more open and exposed due to its corner site position. Some interaction will inevitably occur with the adjacent block of cottage flats, but overlooking will be limited to a vestibule window at first floor level. 96. Plot 10 is a larger dwelling offering 3 beds. The corner nature of this plot means that over 100sqm of usable and private garden space can delivered and whilst the depth does not achieve 9m, with no existing neighbours at this part of the site in direct contact, this arrangement is also considered acceptable. Page 43 of 92
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97. In terms of the cottage flats, the three blocks which contain Plots 22-33 do not offer anything near 9m depth of shared amenity space due to the steep gradients. There is however still a reasonable amount of space for expected day to day activities such as drying washing, and individual rotary dryers have been shown as well as grass areas. The smaller gardens and the flatted nature of the units would be reflected in the rentable value, and with other plots having larger amenity areas a good level of variation and choice can be offered to potential occupiers. 98. In all, and on balance on some areas the proposal is considered to be acceptable in terms of residential amenity issues, and aligns with the general principles of the Placemaking policies contained across the Development Plan. Roads and Access 99. During the course of the assessment of the proposal, further information was submitted to by the applicant’s to address some initial concerns and observations by the Transport Planning team which related to swept paths for larger vehicles to safely enter and leave the site (such as refuge vehicles), dimensions of the parking areas, gradients across the road / parking areas. Minor amendments were made to the layout to address the issues raised, and the final site layout (Plan 31) addressed Transport Planning’s initial concerns, and the resultant proposal is considered to comply with both the Council’s own road standards, the requirement of Policy 60 of the LDP2 and the requirements of the NRDG. In terms of trip generations, some concerns have been raised about potential disturbance which the increase in traffic movements may cause on residential properties and on the local roads, and in particular at the access point from St Cedds. The number of vehicular movements in the area will increase as a result of this development, however this is projected to be an increase of around 1 extra movement every 4 minutes during peak periods which is not considered to be significant and bearing in mind the local network is capable of accommodating this, from both a disturbance and road / pedestrian safety point of view it is accepted. 100. The road will be adopted by PKC, and a separate application for Road Construction Consent (RCC) will be required. Open Space 101. The site benefits from planning permission for a residential development which had no functional areas of open space and included an engineered SUDS basin - which was functional only, and not designed to be multi use or even biodiversity friendly. There was no requirement for any physical upgrades to existing play infrastructure within the village or any financial contributions relating to such upgrades as part of the approved permissions. Page 44 of 92
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102. The current proposal proposes to include an informal area of amenity space at the highest part of the site which will be around 400sqm. The area will be a mix of a wildflower meadow, with some grass amenity space and simple benches for the residents of this development and the general public use, but will remain in the ownership of the current applicant (Algo) - unlike the land associated with the principal part of the development where PKC will take ownership of. 103. Notwithstanding the likely split in land ownership, as this area is within the red line site boundary, it is entirely reasonable to use appropriately worded conditions to ensure that the specification of ground works and planting is such that the areas will be hard wearing, and low (self) maintenance, and that a maintenance regime is submitted for the approval of the Council as part of this permission. Outwith the planning process, the legal contacts between the Council, and the applicant will inevitably also reflect this position. 104. It was the initial thoughts that the amenity space could perhaps be adopted by PKC as a new, onsite Local Equipped Area of Plan (LEAP) – which would align with the requirements of the SPG on Open Space and the 400sqm size reflects this. However, on reflection, the location of proposed amenity area would not be suitable for all users (particularly those with mobility issues), and with an existing LEAP already in the village and reasonably close by, it is considered more appropriate to seek a financial contribution to upgrade the existing LEAP in lieu of onsite provision and to keep the onsite area as informal amenity space. This has been discussed and agreed in principle with all the relevant stakeholders. 105. Whilst not having onsite provision perhaps raises some conflict with the terms of the SPG on Open Space, the combination of the financial contribution and the informal space being provided (at no long term cost to the Council) is considered to comply with the spirit of the SPG and it is an acceptable compromise, especially bearing in mind that nothing meaningful would have been delivered as part of the previous planning permissions and that the natural shape of the site could make it challenging to deliver a LEAP within the principal part of the site. Prior to the issuing of the formal decision notice relating to this permission, clarification on the timing of the payment of the requested financial contribution will be secured. Public Access 106. There are a number of core paths in the area with almost a circular route available around the site via MASG/104 and MASG/107. Initially, the proposal looked to provide a connection to existing paths (not part of the core path route) to the south to connect the site to the northern end of Buail Bhan but this has been removed after discussions between existing residents and the applicant. Page 45 of 92
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107. Both the Development Plan and the NRDG look to support and encourage new developments to connect with the existing network - both vehicular and pedestrian routes. Alternative routes to pick up both the core paths and other regular paths and footways are not challenging or excessive, and in light of concerns from some of the interested parties over the intended linkage, omitting it from the proposals is not considered to be a significant issue. Whilst it would be unlikely that the construction phase would physically affect the existing core path routes, a precautionary condition is recommended to ensure that these routes are not blocked or damaged during the construction phase or indeed on completion of the development (Condition 10) 108. Subject to this, the proposal raises no compatibility issues with the various public access related policies contained in the Development Plan. Drainage and Flooding 109. In terms of flooding, there are some known flooding issues arising from the higher sloping ground, and there was localised flooding in January of this year which affected some of the existing properties to the west along St Cedds Road. The applicant, and the adjacent landowner reacted to this event and have since delivered flooding mitigation on the area to the east (outwith the planning site) to control water coming of the higher grounds to manage it in a more sustainable matter. Whilst PKC have had sight of engineered drawings for the proposed works, these works have been undertaken through permitted development rights with no formal control through the planning process. In light of this, a condition is recommended that final details of the overland flows, and an exceedance routing takes into account the 1:200 + CC overland flow paths (including flows from the north and south catchments and from the small watercourse), and which shows how these are to be intercepted or routed so as not affect the planning site, cause ponding at the site access or affect existing properties shall be submitted for further approval, in consultation with the Council’s Flooding Team (Condition 11). 110. In terms of regular drainage, surface water from the site itself will be directed to the SUDS basin at the northwestern corner of the site, whilst foul drainage will be directed to the existing system which is in the process of being adopted by Scottish Water. An application will need to be made to Scottish Water for this connection, and the applicant has indicated within their submission that improvements to the system will be required to accommodate this proposal. A separate condition which looks to manage surface water during the construction phase is also recommended, as due to the nature of the site (sloping), the combination of heavy rainfall and exposed soil could result in issues for the properties on the lower slopes, if the site is not managed properly (Conditions 2, 3 and 4). Page 46 of 92
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111. In all, the proposal aligns positively with the various drainage and flooding policies of the Development Plan. Waste Collection 112. The adopted road will serve all 35 units. One of the requirements of an adopted road is that it is accessible for service vehicles (such as refuge, emergency service and delivery vehicles). The amended layout delivers this requirement, so all collections would be at the individual properties presentation areas or at the communal areas. Provision for storage of individual bins has been provided where it is practical to do so, with some areas having communal areas serving a number of units. This arrangement is considered to be acceptable, and an informative note is attached to the permission to highlight the chargeable service for the provision of initial bins for new residential sites (Informative 8). Extra comfort is taken from the fact that the entire development will be administered by the Council and solutions to any practicality issues will be fully within the gift of the Council to resolve to its own satisfaction. Conservation Considerations 113 The proposal does not affect any listed building or conservation areas. There was some known archaeology in the area and as part of the previous permissions there was a requirement for a written scheme of investigation (WSI) to firstly be approved by the Council, then to be undertaken, and then further reports to be submitted to the Council to confirm the outcome of those investigations. PKHT are content that the previous WSI and the subsequent reports are all in order, and ultimately nothing of any significance was found in the trial trenches. In light of this, the proposal raises no issues with the relevant cultural heritage policies contained in the Development Plan. Natural Heritage and Biodiversity 114. A comprehensive ecology survey has been undertaken which covers both local and protected species, and addresses the impact on the existing woodland habitat to the east and is considered to accord with the recognised standards. It does not highlight the need for any pre-decision surveys to establish the impact on species, but it does look for a pre-start survey for red squirrels to ensure nothing has changed and to take into account the roaming nature of the species. The recommendation of a buffer area to the woodland area to the east has been provided with the area excluded from private gardens (as recommended within the report), and other bio-diversity mitigation measures and enhancement measures such as bat and bird boxes and new planting which is both native and biodiversity friendly have been included. Page 47 of 92
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115. Whilst the majority of the site is clear of any trees, along the western boundary there is a run of overgrown hedges (behind the existing terrace of properties), and other self-seeded trees at the southern end which have become established over the years. These trees have been surveyed for ecology and have low biodiversity value, and also have low visual amenity value. As part of the development a tree replanting scheme will be required which will both enhance the visual and biodiversity qualities of the site, and also help to provide some level of screening between the development and the existing properties. Pre start tree protection measures consistent with BS 5837 will also take place along the eastern boundary is proposed to safeguard the perimeter woodland throughout construction, as contained within the ecology report recommendation (Conditions 8 and 12). 116. Subject to these measures being undertaken, the proposal is considered to comply with the various biodiversity policies of the Development Plan. A condition is recommended to ensure that all recommendations within the ecology report Section 8 are adhered to in full both before and during the construction phase and on completion of the development (Condition 12), as well as specific condition in relation to the proposed final details of both the amenity space area and the SUDS. Impact on the River Tummel / River Tay 117. The River Tummel is part of the River Tay Special Conservation Area (SAC), and the site itself is located within the River Tay Catchment Area. The site is physically separated from the River Tummel by virtue of existing properties, the A9(T) and the Perth to Inverness railway line, so physical impact to the watercourse both during the construction phase and on completion are unlikely. The management of water from the site, both surface water and foul water are to be designed and controlled in accordance with current practices and there will be no impact on the environmental interests and qualities of the River Tummel. Policy 47 of the LDP2 looks to protect the interests of the River Tay Catchment by seeking additional information to help demonstrate the likely impact in certain areas of the catchment. Whilst Ballinluig is not within the areas listed, the principles of Policy 47 have been met as part of the submission in terms of ecological surveys and ensuring that the proposed drainage arrangements have no reduction in the quality of water of the River Tummel/River Tay SAC (Condition 2). 118. The proposal therefore raises no issues with compliance with the various Development Plan policies relating to environmental designations, or water quality. Page 48 of 92
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Climate Change / Low and Zero Carbon Generating Technologies 119. Policy 32 of the LDP2 requires all to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. A pre-commencement condition is recommended for a statement of compliance to be submitted prior to the commencement of the development, however with EV charging stations, solar panels and ASHP proposed for all units it is not expected that there would be any issues in compliance with this specific policy (Condition 13). 120. In terms of broader climate change impacts, as mentioned previously there will be a requirement as part of this planning permission for flooding mitigation measures, and these measures will take into account climate change allowances. Overall, the proposal raises no issues with the other climate change polices contained within the Development Plan. Developer Contributions 121. There is a requirement for Developer Contributions in relation to community greenspace. Economic Impact 122. The proposal could have a positive impact on the local economy, through the creation of jobs during construction, and also through local spending in the general vicinity. Variation of Application Under Section 32a 123. During the course of the assessment of the application further information in relation visualisations, removal of footpath link and minor amendment to the layout and Plot 34/35 took place. Affected interested parties were notified and provided an opportunity to make further comment. Planning Obligations and Legal Agreements 124. None required, unless the Developer Contribution for play upgrades is delayed. Direction by Scottish Ministers 125. 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. Page 49 of 92
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Conclusion and Reasons for Recommendation 126. 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, and to the financial settlement of contributions relating to community greenspace. Recommendation Approve the application subject to the following 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, precise details of the sustainable urban drainage system (SUDS) shall be submitted to and approved in writing by the Council as Planning Authority. For the avoidance of doubt, the scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council’s Flood Risk and Flood Risk Assessments Developer Guidance, shall incorporate source control and shall incorporate biodiversity enhancement measures. The approved details shall be implemented in full. (Reason – In order to clarify the terms of this planning permission, to ensure the site is adequately drained and to help ensure that a proportionate level of biodiversity enhancements are delivered). 3. Storm water drainage from all paved surfaces, including the vehicular access, shall be disposed of by means of suitable a Sustainable Urban Drainage System to meet the requirements of best management practices. (Reason – In order to ensure the site is adequately drained) 4. Prior to the commencement of the development hereby approved, a scheme to deal with surface water runoff and soil movement/slippage during the construction phase shall be submitted to and approved in writing by the Council as Planning Authority. The approved scheme shall be implemented in full at all times. (Reason – In order to ensure that suitable temporary measures are put in place during the construction phase to deal with surface water and / or soil spillage/movements) Page 50 of 92
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5. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at any time on Sundays. These construction times shall be implemented throughout the construction stage of the development unless approval has been obtained in writing by the Council as Planning Authority for alterative arrangements. (Reason – In order to ensure the construction phase is properly managed to avoid unnecessary impacts on existing residential amenity). 6. Prior to the commencement of the development hereby approved, precise details of all proposed retaining walls and structures shall be submitted to and approved in writing by the Council as Planning Authority. The details shall include visual mitigation measures for exposed surfaces. The approved details shall be implemented in full. (Reason – In order to clarify the terms of this planning permission) 7. Prior to the commencement of the development hereby approved, precise details of all proposed boundary treatments shall be submitted to and approved in writing by the Council as Planning Authority. The approved details shall be implemented in full, and be completed progressively as the development processes. (Reason – In order to clarify the terms of this planning permission) 8. Prior to the commencement of the development hereby approved, a detailed landscaping and tree planting scheme for the site (including a timescale for implementation and ongoing maintenance) shall be submitted to and approved in writing by the Council as Planning Authority. The details must include the landscaping details of the proposed amenity space area, which shall include biodiversity friendly wildflower edges. All planting shall be undertaken progressively as the development progresses. The approved details shall be implemented in full, with any trees that fails within the first 5 years replaced on a like for like basis within the next available planting season (Reason – In order to clarify the terms of this planning permission) 9. All the approved residential units shall be affordable units, as per the definitions contained within Planning Advice Note 2/2010 (Affordable Housing and Housing Land Audits) (Reason – The development has been approved as affordable housing) 10. Existing core paths in the area must not be obstructed during the construction phase or on completion of the development. Any damage done to the route and/or the associated signage during building phase must be made good prior the development is completed or brought into use, whichever is the earlier. (Reason – In order to protect existing public paths and to ensure no unnecessary damage occurs) Page 51 of 92
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11. Prior to the commencement of the development hereby approved, a plan which shows the overland flow and exceedance routing of surface water from outwith the site and then on the site shall be submitted to and approved in writing by the Council as Planning Authority. The details must include a timeline for implementation, and an exceedance plan showing 1:200 yr + CC overland flow paths (including flows from the north and south catchments and from the small watercourse) and show how they are intercepted or routed so as not to impact the existing terrace or cause ponding at the site access. Cross references to finished levels and road gully locations must be included. The approved details shall thereafter be implemented progressively within the approved timeline, and completed in full prior within the approved timeline. (Reason – In order to ensure the site is adequately drained and does not result ain surface water adversely affected lower properties) 12. All the recommendations contained within Section 8 of the Ecology Assessment (Plan 29) shall be implemented in full. For the avoidance of doubt, this relates to requirements before and during the construction phase and upon completion of the development. (Reason – In order to ensure that a proportionate level of biodiversity enhancement is delivered) 13. Prior to the commencement of the development hereby approved, a statement which demonstrates that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies shall be submitted to and approved in writing by the Council as Planning Authority. The approved principles shall thereafter be implemented in full. (Reason – In order to comply with Policy 32 of the adopted Perth and Kinross Local Development Plan 2 (2019)) 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 1. The formal decision notice shall not be issued until such time as the required financial contribution for off site play provision upgrades has been secured. This maybe be in the form of a payment ‘up front’, or a legal agreement if the payment is to be delayed. Page 52 of 92
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INFORMATIVES 1. Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the planning authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. 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. No development shall be commenced until an application for building warrant has been submitted and approved. 4. 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. 5. 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/. 6. The Air Source Heat Pump’s shall be certificated in accordance with Microgeneration Certification Scheme 007 and installed by an installation company certificated in accordance with Microgeneration Installation Standard 3005 and in compliance with the calculation procedure contained in Table 1 of Microgeneration Certification Scheme Planning Standards (MCS 020(a)), confirming that the permitted development noise limit of 37 dB LAeq, 5 mins will be met. 7. The Air Source Heat Pump’s 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 8. The applicant (or any other person taking on this permissions) is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Page 53 of 92
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Background Papers Letters of representation 11 Authors Name Designation Contact Details Andrew Baxter Planning Officer 01738 475339 ABaxter@pkc.gov.uk Approved Name Designation Date Paul Williamson Team Leader (Local Developments) 22nd May 2026 Page 54 of 92
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¯ © Crown copyright [and database rights] [2026] OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 10 June 2026 25/01678/FLL Erection of 35 dwellinghouses and associated works (allocated site H40) at Site East of St Cedd's Road, BallinluigScale 1:25,000 5(1)(i) Page 55 of 92
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¯ © Crown copyright [and database rights] [2026] OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 10 June 2026 25/01678/FLL Erection of 35 dwellinghouses and associated works (allocated site H40) at Site East of St Cedd's Road, BallinluigScale 1:10,000 5(1)(i) Page 57 of 92
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Perth and Kinross Council Planning and Placemaking Committee – 10 June 2026 Report of Handling by Development Management and Building Standards Service Manager (Report No. 26/166) Proposal: Erection of gypsy/traveller transit site, 10 hardstanding pitches, amenity block and EV charging point Location: Sites 6-9 and 12 Islay Place, Perth Ref. No: 26/00303/FLL Ward No: P12- Perth City Centre Summary This report recommends refusal of the application as the development is considered to be contrary to the relevant provisions of the Development Plan and there are no material considerations apparent which justify setting aside the Development Plan. Background and Description of Proposal 1. At a Special Meeting of Perth and Kinross Council held on 1 March 2023, Members considered a report on the Strategic Investment and Capital Budget Update (2023/24 to 2027/28)(Report no. 23/73). As part of that budget, £2m was identified towards a new gypsy/ traveller site. Since then, consideration has been given to identifying suitable locations for the delivery of such a facility, that meets the needs of the Council, and the gypsy/traveller community. 2. The application site is within the north-east part of the Perth Food and Drink Park, which is an area allocated within the Perth and Kinross Local Development Plan 2019 (LDP2) for Core Employment Use (Opportunity Site: E3) in Perth Settlement. It is also within the Perth Air Quality Management Area, sees a Low Probability of River Flood Risk, a Medium Probability of Future River Flood Risk, is within the River Tay SAC Catchment, and the Transport Full Contributions Zone. 5(1)(ii) Page 59 of 92
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3. This proposal seeks to develop an existing undeveloped part of the Food and Drink Park to provide ten hardstanding pitches for temporary placement of overnight accommodation units for the gypsy/traveller community, in addition to the provision of a permanent amenity block to service those pitches. Each pitch would contain sufficient space for a caravan and one other vehicle. An accessible parking bay with EV charging point would be located adjacent to the amenity block. Given the overarching interest in the proposals across the Council, although not specifically required, the application has been referred to the Planning and Placemaking Committee for consideration. Site History 4. 11/00020/PAN Expansion of North Muirton Industrial Estate (comprising of 600m of new road, utilities provision, street lighting, drainage and associated sustainable urban drainage system and earthworks. PAN Notice Sufficient 5. 12/00003/PAN Expansion of North Muirton Industrial Estate: comprising of 600m of new road, utilities provision, street lighting, drainage and associated Sustainable Urban Drainage Systems (SUDS) and earthworks to form development plots for use classes 4 (business) 5 (General Industrial) and 6 (Storage and Distribution). PAN Notice Sufficient 6. 12/01356/FLM Expansion of industrial land including road layout, utilities provision, street lighting, and drainage. Application Approved 7. 13/01368/SCRN Screening opinion for erection of a timber resource recovery centre 9 August 2013 Opinion issued – EIA required for given proposal. Pre-Application Consultation 8. No formal pre-application consultation with the planning authority was undertaken. 9. 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 10. 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. Page 60 of 92
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National Planning Framework 4 11. 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 now comprises part of the statutory development plan. 12. 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 6: Forestry, Woodland and Trees • Policy 9: Brownfield, vacant and derelict land and empty buildings • Policy 12: Zero Waste • Policy 13: Sustainable transport • Policy 14: Design, Quality and Place • Policy 15: Local Living and 20 Minute Neighbourhoods • Policy 16: Quality Homes • Policy 18: Infrastructure First • Policy 22: Flood risk and water management • Policy 23: Health and Safety Perth and Kinross Local Development Plan 2019 13. 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. 14. The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 6: Settlement Boundaries • Policy 7A: Employment and Mixed-Use Areas: Business and Industrial • Policy 21B: Gypsy/Travellers' Sites: New Sites • Policy 38A: Environment and Conservation: International Nature Conservation Sites Page 61 of 92
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• Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 52: New Development and Flooding • 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 55: Nuisance from Artificial light • Policy 56: Noise Nuisance • Policy 57: Air Quality • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 15. • Supplementary Guidance - Air Quality (adopted in 2020) • Supplementary Guidance - Delivering Zero Waste (adopted in 2020) • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Placemaking (adopted in 2020) Other Material Considerations PKC Non Statutory Guidance 16. • Planning Guidance - Gypsy/Traveller Site Standards - Perth & Kinross Council • Planning Guidance - Delivery of Development Sites • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft) Other PKC Housing Strategy Documents 17. • Strategic Housing Investment Plan 2026/27 to 2030/31 • Housing Need and Demand Assessment Final Report November 2022 • PKC Local Housing Strategy Action Plan 2022 to 2027 Page 62 of 92
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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. Planning Advice Notes 19. The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents, and legislation are of relevance to the proposal: • Scottish Government Gypsy Traveller Action Plan 2024-2026 • Biodiversity: Planning Guidance • Local Living and 20 Minute Neighbourhoods: Planning Guidance • Improving Gypsy/Traveller sites: guidance on minimum sites standards and site tenants' core rights and responsibilities • Action Plan: Gypsy/Traveller Action Plan 2024-2026 (Scottish Government and COSLA) • SEPA Flood Risk and Land Use Vulnerability guidance (July 2024) • SEPA Position Statement on Development Protected by Formal Flood Protection Schemes (July 2024) • Equality Act 2010 Creating Places 2013 20. 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 21. 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 22. 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. Page 63 of 92
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Consultations 23. As part of the planning application process the following bodies were consulted: External 24. Scottish Water - No objection, standard advice provided. 25. Scottish Environment Protection Agency (SEPA) – Objection in Principle, as the proposed development may put people or property at risk of flooding, which is not supported by Policy 22 of National Planning Framework 4 (NPF4). In summary their position is: • The FRA submitted shows the site to be at flood risk in a 200 year + Climate Change event, from both the Almond and the Tay, where the formal defences are breached. • The development proposed is not deemed to be a NPF4 Policy 22 exception and as such, full avoidance of the flood risk area must be achieved. 26. SEPA has a shared duty with Scottish Ministers and other responsible authorities under the Flood Risk Management (Scotland) Act 2009 to reduce overall flood risk and promote sustainable flood risk management. The cornerstone of sustainable flood risk management is the avoidance of new development resulting in increased flood risk as a first principle, and this is set out in National Planning Framework 4 (Policy 22). Internal Consultees 27. Structures and Flooding - Objection in Principle. The site is at flood risk, and none of the requirements within NPF4 Policy 22 are satisfied by the proposal. Given the proposed use, there is an inherent risk to life. Particularly if people were sleeping within accommodation if the flood embankment overtopped (i.e. rapid inundation from height) or failure, is involved. It is required that development behind existing flood protection schemes satisfies five conditions to be, and the proposals fail to fully meet these criteria, in particular that the proposal would require modification of the existing Perth Flood Prevention Scheme. As it stands, flood colleagues advise it is not possible to confirm the development will remain safe and operational during NPF4 design flood events. 28. Environmental Health (Noise Odour) – No objection subject to standard conditions regarding plant noise, and external lighting to minimise illumination of neighbouring land. A further condition has also been recommended to prevent burning on site including open fires and fire pits. Page 64 of 92
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29. Transportation and Development – No objection, subject to conditions regarding vehicular access construction. 30. Development Contributions Officer – No transport infrastructure or education contributions necessary. 31. Development Plan – Advise the proposals are significantly contrary to the Development Plan. The most significant departure in relation to NPF4 Policy 22: Flood Risk, and Policy 2: Climate Mitigation and Adaptation. However, it is also considered to be contrary to the E3 allocation and LDP2 Policy: 7 Employment and Mixed Use Areas, because of the Core employment allocation and the proposals not aligning with that underlying purpose. LDP2 Policy 21B: Gypsy/Travellers’ Sites: New Sites, which details criteria for consideration of Gypsy/Traveller sites has been assessed as meeting all but one of the criteria, which requires that the site is adequately screened and landscaped. 32. Biodiversity – No comments. Representations 33. 1 representation was received in support of the proposal, and is summarised as follows: • Will make a positive contribution to the travelling way of life; • May reduce likelihood of unauthorised campsites on public land and the issues and concerns which arise from these; • Children’s play equipment should be considered, given site’s isolation from nearest parks; • Strict conditions on waste management must be placed on any approval to avoid past issues of flytipping and wind-blown litter. Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed AA not required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact e.g. Flood Risk Assessment Flood Risk Assessment and Recommendations, Flooding Mitigation Plan, Preliminary Ecological Appraisal, and Site Investigation Report Page 65 of 92
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Appraisal 34. 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 identified elsewhere in this report. Principle 35. The proposal is to develop a Gypsy and Traveller transit site with 10 hardstanding pitches and an amenity block. The land in question is allocated for core employment use (Site E3) in the Perth and Kinross Local Development Plan 2 (LDP2). The site-specific developer requirements, related to that allocation, set out in LDP2 are as follows: “A Flood Risk Assessment will be required. Areas protected by the Flood Protection Schemes should be subject to appropriate mitigation measures including water resistance, and water resilience measures and evacuation procedures. Landscape proposals to reduce the visual impact of development for any neighbouring residential properties.” 36. The submitted Flood Risk Assessment shows the site to be at flood risk in a 1 in 200 year (i.e. 0.5% annual probability) + Climate Change event from both the Rivers Almond and Tay, whereby existing formal flood defences would be breached. The climate change allowance for the Tay basin is +53% and applies to both the Tay and Almond, whose confluence is approximately 135 metres to the north. The Flood Risk Assessment sets out that the indicative worst case scenario flood depth within the application site would be up to 1.39 metres. Flood Risk 37. NPF4 Policy 22: Flood Risk and Water Management is only supportive of development proposals at risk of flooding if they are for: (i) essential infrastructure; (ii) water compatible uses; (iii) redevelopment of an existing building or site for an equal or less vulnerable use; or (iv) redevelopment of previously used site in built up areas where identified by the LDP to bring into positive use, and where it can be demonstrated that long-term safety and resilience can be secured. Page 66 of 92
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38. NPF4 Policy 22 additionally notes the protection offered by an existing formal Flood Protection Scheme (FPS) can be considered, with the applicant expected to satisfy five criteria. These criteria include that: • all risks of flooding are understood and addressed; • there is no reduction in floodplain capacity, increased risk for others, or a need for future flood protection schemes; • the development remains safe and operational during floods; • flood resistant and resilient materials and construction methods are used; and • future adaptations can be made to accommodate the effects of climate change. 39. SEPA Guidance “Position Statement on Development Protected by Formal Flood Protection Schemes” (July 2024), states that development in areas protected by an FPS will only be supported if it lies outwith the flood risk area. 40. The proposal fails to meet the exceptions set out in NPF4 Policy 22(a), because it is not for essential infrastructure as defined in Annex F of NPF4; not a water compatible use; it seeks to introduce a use considered to be a “most vulnerable use” under SEPA guidance, and an overall significant increase in vulnerability; the allocated employment use (categorised as “least vulnerable” by SEPA) are supportable in this area through the LDP2 allocation reference E3 and recent planning history. The current proposal is not for an employment use and it has not been sufficiently demonstrated that long-term safety of site occupants could be secured. Indeed, it is not clear if that safety could be achieved. 41. In addition, even if the fourth exception criterion of NPF4 Policy 22(a) as set out in Paragraph 37 of this report had been satisfied, engineering works would be required to raise the ground height above the flood level plus freeboard. Conversely, with no land-raising on surrounding sites, this would result in an island of development which would impede safe access or egress to/from site during a flood event which would also not be supported. Proposals for land- raising would also likely disperse flood water elsewhere. 42. Furthermore, in terms of development sites behind existing Flood Protection Schemes, the Council’s Flooding Team have noted in their objection response that only some of the criteria either have been met (risks understood through hydraulic modelling) or could be addressed through submission of further information (mitigation for loss of floodplain capacity, flood resilient / resistant materials). More fundamentally, the development would require modification of the existing Perth Flood Protection Scheme to comply with NPF4 in terms of removing the property from flood risk. Therefore, this would constitute a need for “future flood protection schemes”, which is to be avoided and no such plans to modify the scheme currently exist. Page 67 of 92
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It is also not possible at present to confirm the development will remain safe and operational during NPF4 design flood events, or whether climate change adaptation would be possible in light of the extent of flood risk. 43. SEPA have also advised that the submitted evacuation plan is reliant on SEPA flood warnings. However, they do not consider the provision of flood warnings as a justifiable reason for new development in flood risk areas, and that this approach does not accord with a long-term sustainable flood risk management. The intent of flood warnings is to support existing developed areas, and not to facilitate new development. 44. Whilst NPF4 Policy 22 is the primary flood risk policy, LDP2 Policy 52: New Development and Flooding includes a general presumption against proposals for built development in areas at medium to high risk of flooding from any source. The policy goes on to state that where publicly maintained flood protection measures for an event with a 0.5% annual probability already exist (noting that this does not account for more up to date inclusion of increased risk due to climate change), “Development within the built-up area or any important component of the Development Plan settlement strategy may be acceptable for residential, institutional, commercial and industrial development”, provided seven criteria are met. In this instance, a gypsy/traveller transit site is not specifically mentioned as an exception within the criteria, and in any case the existing flood defences are insufficient to protect the site against a 1 in 200 year (0.5% probability) + climate change flood event. 45. SEPA have also highlighted that under the Flood Risk Management (Scotland) Act 2009, all responsible authorities (including SEPA and Local Authorities) have a duty to reduce the adverse consequences of flooding to four key risk receptors - Human Health, Environment, Economy, and Cultural Heritage. It is not clear that this application has satisfied that duty. 46. In addition, the Council’s own Planning Guidance on Gypsy/Traveller Site Standards, which was adopted in March 2023, outlines that Transit Sites should not be located in areas of high flood risk. 47. Therefore, the proposed gypsy/traveller transit site fails to accord with NPF4 Policy 22: Flood Risk and Water Management, LDP2 Policy 52: New Development and Flooding, and the aforementioned guidance on gypsy traveller site standards, as it would result in an inherent risk to life, particularly for people sleeping on site, in the event of the existing flood defence embankment being overtopped or failing during a flood event. Page 68 of 92
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Land Use 48. Specifically, NPF4 Policy 16(d): Quality Homes states that "Development proposals for public or private, permanent or temporary, Gypsy/Travellers sites and family yards and Travelling Show people yards, including on land not specifically allocated for this use in the LDP, should be supported where a need is identified and the proposal is otherwise consistent with the plan spatial strategy and other relevant policies, including human rights and equality". 49. The need for transit sites for the gypsy/traveller community was set out in the Accommodation Needs of Gypsy/Travellers and Travelling Showpeople in the Tayplan Area report of December 2016, and has also been referred to in consecutive Tayside Housing Need and Demand Assessments (HNDAs) in 2016 and 2022. Furthermore, the Council’s current Strategic Housing Investment Plan, also outlines that the Council have undertaken a site appraisal via the Urban Capacity and Brownfield Study to help consider available options. Plans were then developed for the application site in consultation with the gypsy traveller community. The need for a transit site is also expressed through the Local Housing Strategy Action Plan 2022 to 2027. 50. The continued need in Perth for a facility like that proposed is evidenced by regular encampments, particularly in this location which has strong and continued links with the travelling community. As such, there is no question as to whether there is a need for a new transit site to serve the Perth area and this particular locality. However, in land use planning terms the emphasis is upon identifying a site which is fit for purpose, and in the right location. LDP2 Policy 21B: Gypsy/Travellers' Sites generally supports this type of proposal on unallocated land, but this position is effectively t is now superseded by NPF4 and its reference to “land not specifically allocated for this use”. This limiting this type of facility to locations specifically identified in the Development Plan. However, neither NPF4 nor LDP2 explicitly state that sites will be supported on land allocated for other uses, such here where it is part of a larger core employment land allocation. 51. Through LDP2 Policy 7A: Employment and Mixed Use Areas, the site has been identified as prime employment land in the most marketable, attractive sites, in the best strategic locations. Thus, seen as ‘core employment land’ whereas ‘general employment land’ is identified in less attractive locations, or mixed use locations, where more flexibility in the type of uses is seen as appropriate. Core areas are restricted to Class 4 (Office), Class 5 (Industrial) and Class 6 (Storage and Distribution) uses, with limited exceptions for ancillary retail, service facilities or waste management facilities. The current proposal is therefore considered contrary to LDP2 Policy 7A: Employment and Mixed Use Areas. Page 69 of 92
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52. With regards to the detailed policy of LDP2 Policy 21B: Gypsy/Travellers' Sites, the application has been considered against each of the seven criteria and the following positions reached: (a) The site is an appropriate size and the 10 pitches a satisfactory number and there are good facilities; (b) the site will not detract from the physical character or appearance of the area, with an industrial estate on one side. However, along the north and east boundaries it is felt landscaping is required to soften visual impacts, while also maintaining privacy from nearby paths; (c) Gypsy/Traveller sites would not normally be considered appropriate in otherwise industrial areas, however the site is positioned at the edge of the identified industrial area and has the flood defences and green space to the north and east. In addition there is a historical, if unauthorised, use of an area nearby as a transit area. The approved neighbouring industrial uses to the south include for screening, noise and lighting conditions. However, landscaping is also required to separate prospective residents of the proposed transit site from the nearby existing and likely future industrial uses. No landscaping plan has been provided, with only minimal planting shown on general plans. This, along with a biodiversity enhancement plan would have been required by planning condition, to address Development Plan requirements, were approval to be recommended; (d), (f), and (g) The needs of the residents including waste, water supply, site security and drainage have been set out in supporting information. In addition, measures to protect residents and surrounding uses from noise impacts will also require to be explored further. All these matters could be controlled via appropriate planning conditions. However as set out elsewhere in this report, there is a severe risk to the safety of future occupants from flooding; (e) Transport Planning have not objected to the proposal, subject to appropriate access construction. In terms of pedestrian safety, the area benefits from adequate public footway provision. 53. NPF4 Policy 2: Climate Mitigation and Adaptation requires that “Development proposals will be sited and designed to adapt to current and future risks from climate change.” In this respect, as set out above the proposals are considered contrary to NPF4 Policy 22: Flood Risk and Water Management, being at flood risk, thus the proposals are also considered contrary to Policy 2. 54. Therefore, the principle of this proposal by virtue of its high vulnerability to flood risk is considered to be significantly contrary to the Development Plan, in particular NPF4 Policies 22: Flood Risk and Water Management, and Policy 2: Climate Mitigation and Adaptation, as well as LDP2 Policy 52: New Development and Flooding. Page 70 of 92
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The proposal is also considered contrary to LDP2 Policy 7A: Employment and Mixed Use Areas due to its siting within a Core Employment Allocation E3, and by virtue of this conflict with the Plans Spatial Strategy, is also contrary to NPF4 Policy 16(d): Quality Homes. NPF4 Policy 16(d) relating to development of Gypsy/Traveller sites of this nature, but where there is no inconsistency with the overall spatial strategy or other relevant polices. In this case the significant flood risk and to a lesser extent the identified land uses intended within the core allocation do not see that alignment achieved. Design and Layout, Visual Amenity, Landscape 55. The proposed amenity building would be oriented north-south within the site, and this in addition to security fencing and gates would not appear out of place within the wider industrial and employment context in the vicinity, subject to details of the external cladding of the proposed amenity block being submitted and approved via condition. There is however a need for a comprehensive landscaping scheme to be submitted to ensure appropriate screening, and to introduce natural amenity value for occupants. Whilst this would ideally have been submitted upfront during the assessment of this application, it could have been required by planning condition were the application to be recommended for approval. 56. Clarity has also been sought from Building Standards as to whether a manual override would be required through the Building Warrant process for the proposed security gates in emergency circumstances. It has been confirmed that a building warrant would be required for the proposed amenity block and a manual override of the adjacent security gates for emergency access is likely to be required. Drainage details would also be required by Building Standards. 57. Therefore, had the application been subject to approval, further information would have been sought either upfront or by planning condition in respect of external materials, landscaping and planting to demonstrate accordance with NPF4 Policies 14: Design, Quality and Place, 23 Health and Safety, and LDP2 Placemaking Policies 1A and 1B. Residential Amenity 58. The site is within Perth's Air Quality Management Area which was declared in 2009 for exceedances in annual mean objectives for Nitrogen Dioxide (NO2) and Particulate Matter (PM10), mainly from road traffic emissions. 59. The Environmental Health Team have considered that traffic associated to the proposals would not be significant and would have a negligible impact on ambient air quality. Notwithstanding, were the application to be recommended for approval, a planning condition would have prevented any burning, including open fires or fire pits on site. Page 71 of 92
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60. In terms of noise, there is a significant distance of approximately 375 metres to the nearest residential properties at Gilsay Place, to the south-east, and given this significant separation the proposal is considered unlikely to adversely impact residential amenity. Were the application to be recommended for approval, a condition would have limited any associated plant noise, with a further condition limiting illumination of neighbouring land by any external lighting. It is also noted that nearby approved employment uses have been subject to similar plant noise and external lighting restrictions, which would protect occupants of the proposed site from such issues. 61. In terms of the privacy of occupants, a comprehensive landscaping and planting scheme is required to ensure that the site is not harmfully overlooked from adjacent land, and in particular from the raised flood defence embankment to the north and east, which is publicly accessible. As set out elsewhere in this report, ideally this information would have been submitted upfront, or, failing that, required by planning condition in the event of an approval recommendation. 62. Therefore, subject to conditional control in respect of plant noise, external lighting, burning, and landscaping and planting, residential amenity concerns are capable of being addressed in accordance with NPF4 Policies 14: Design, Quality and Place, and 23: Health and Safety, and LDP2 Placemaking Policies 1A and 1B. Roads and Access 63. The vehicle access to the public road network would be via Islay Place, with parking for a caravan and vehicle at each pitch, plus an accessible parking space with EV charging adjacent to the amenity building. The site will be entirely enclosed by security fencing and gates, making the site secure in the evenings and overnight. The internal ‘road’ is to remain private and will not be maintained by the Roads Authority. Transport Planning have not objected to the proposal and recommend a planning condition for the vehicular access construction. 64. The nearest bus stop on Dunkeld Road is 1.16km away via a paved route. A less accessible, partly grassed route via the flood defences embankment can be taken to bus stops on Bute Drive some 920m away. Whilst this distance is not ideal and beyond the guideline 400m, the nature of the proposal and transience of its occupants is such that this would not form grounds for refusal. The gypsy traveller community have themselves been consulted upon the site location, which is favoured from their perspective. The site is also recognised as having good pedestrian and cycle facilities within the locality. 65. Therefore, subject to the above conditional control, the proposal accords with the intent of NPF4 Policy 13: Sustainable Transport and LDP2 Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals. Page 72 of 92
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Waste Collection 66. Sufficient waste storage and presentation has been proposed at the proposed amenity block, with the circulation route through the site sufficient for the manoeuvring of waste collection vehicles. Therefore, this element of the proposal accords with NPF4 Policy 12: Zero Waste. Natural Heritage and Biodiversity 67. The application site forms part of a serviced industrial estate, and is physically separated from the nearby River Tay SAC and its associated habitats by an existing flood defence embankment. 68. The application site contains self-seeded scrub woodland of beech and willow, and is otherwise grassed. It is considered to be of local value for breeding birds, and the submitted Preliminary Ecological Appraisal has recommended compensatory measures and biodiversity enhancement in respect of this. Were approval to be recommended, these matters would have been secured by planning condition to accord with NPF4 Policies 3: Biodiversity and 6: Forestry, Woodland and Trees, and LDP2 Policies 40B: Forestry, Woodland and Trees: Trees, Woodland and Development and 41: Biodiversity. A further planning condition would have required a new ecology survey to be undertaken within two years of the submitted survey in the event that development had not commenced within that time period. 69. Notwithstanding this, and as noted above, the proposal lacks a comprehensive landscaping and planting strategy, and were the application to be approved, this should be secured by planning condition. This would be in liaison with the Council Community Greenspace Team as they would likely be responsible for future maintenance of such spaces. 70. The proposal is not considered to have a likely significant effect on a European site, in this instance the River Tay Special Area of Conservation (SAC) to the north and east, which is separated from this site by the existing flood defences. Therefore, an Appropriate Assessment under The Conservation (Natural Habitats, etc.) Regulations 1994 (i.e. the Habitats Regulations) is not required. In this respect the proposal accords with the intent of NPF4 Policy 4: Natural Places and LDP2 Policy 38A: Environment and Conservation: International Nature Conservation Sites. Page 73 of 92
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Low and Zero Carbon Generating Technologies 71. LDP2 Policy 32: Embedding Low and Zero Carbon Generating Technology in New Development, states that proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. As this proposal includes the erection of a new building, consideration must be given to this requirement. Further, NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ requires that development should be designed to reduce green gas emissions. In this instance, limited information has been provided in respect of this requirement. Therefore, were approval to be recommended, a planning condition would have required a statement setting out compliance with the policy requirements. Conclusion 72. As outlined above, it is accepted that there is considerable evidence to support the urgent need for a gypsy traveller transit site within the Perth and Kinross Council Area. Considerable work has been undertaken by the applicant over a number of years to look at a variety of options for the delivery of this much needed facility. Through consultation with the gypsy traveller community, it resulted in this site being brought forward for consideration, particularly in light of the general area having strong historical linkages with the travelling community. However, from a purely land use planning perspective, the Council as Planning Authority have a responsibility to ensure that development proposals are brought forward in accordance with the Development Plan, unless material considerations indicate otherwise. In this instance, the site has had historical instances of flooding (hence the implementation of the previous flood defence measures), and in light of climate change, shall see further instances of flooding likely in the future. As such, NPF4 Policy 22 Flooding is very clear in how vulnerability and risk should be considered, with sensitive land uses not being appropriate within areas that are susceptible to flooding. 73. While there is sympathy with the needs of both the applicant to provide a facility, and the desire of the gypsy traveller community to have appropriate provision created for their demonstrated need, that should not come at the cost of potential impacts on risk to life through vulnerable land uses being located in locations with the propensity to flood. Therefore, given these conflicts with policies relating to both flooding, employment land, and quality homes, it renders the site development proposals contrary to the Development Plan. Notwithstanding, it is understood that further consideration shall be given to the potential of considering other sites for allocation as part of the Local Development Plan Review which is ongoing. Page 74 of 92
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Equality Act 74. The Council as a public authority is required by Section 149 of the Equality Act 2010 to have due regard to the need to advance equality of opportunity between those who share a protected characteristic and persons who do not share it, and to foster good relations between those who share a protected characteristic and persons who do not share it. Notwithstanding the identified need for a gypsy/traveller transit site and the promotion of this application by the Council's Housing Service to help address that need, it is considered that these matters do not outweigh the conflict with the Development Plan, in particular the application site's location within an area of river flooding risk which could lead to a risk to life for occupants during a flood event. Developer Contributions 75. The Developer Contributions Guidance has been applied to this application, and no contributions are required. Economic Impact 76. The economic impact of the proposal is likely to be modest and associated with construction phase, although as set out elsewhere in this report, the proposal seeks to introduce temporary residential use by means of a transit site on an area allocated for employment uses. Variation of Application Under Section 32a 77. This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the drawings to clarify land ownership and update annotations in the interests of accuracy. Planning Obligations and Legal Agreements 78. None required. Direction by Scottish Ministers 79. 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. Page 75 of 92
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80. Notwithstanding this, SEPA have in their capacity as a statutory consultee objected to this planning application. Therefore, were Planning & Placemaking Committee minded to grant planning permission, the Council as Planning Authority would be required to notify Scottish Ministers prior to the grant of permission under the provisions set out in Planning Circular 3/2009: Notification of Planning Applications. Scottish Ministers would then consider whether to call in the application or clear it back to the Planning authority to decide the matter. Conclusion and Reasons for Recommendation 81. 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 be contrary to the Development Plan. 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 refusal on the grounds identified below. . Recommendation Refuse the application for the following reasons: Reasons for Recommendation 1. The proposed gypsy/traveller transit site is at risk of flooding from a 1 in 200 year (0.5% annual probability) plus climate change flood event and is considered a “most vulnerable use” in SEPA Flood Risk and Land Use Vulnerability Guidance. The proposal fails to accord with NPF4 Policy 22: Flood Risk and Water Management, NPF4 Policy 2: Climate Mitigation and Adaptation, LDP2 Policy 52: New Development and Flooding, and the Council’s Planning Guidance on Gypsy Traveller Site Standards, as it would result in an inherent risk to life, particularly for people sleeping on site during a flood event. 2. The proposed gypsy/traveller transit site, for which a need has been identified, seeks to introduce a non-employment use in an area allocated in the Perth and Kinross Local Development Plan 2 (2019) for core employment uses, and is therefore contrary to the Spatial Strategy of the Local Development Plan. The proposal fails to accord with LDP2 Policy 7A: Employment and Mixed-Use Areas: Business and Industrial, and NPF4 Policy 16(d): Quality Homes, and the Council’s Planning Guidance on Gypsy Traveller Site Standards. Page 76 of 92
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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. Procedural Notes 1 SEPA have in their capacity as a statutory consultee objected to this planning application. Therefore, were Planning & Placemaking Committee minded to grant planning permission against officer’s recommendation, the application would need to be referred to Scottish Ministers under the provisions set out in Planning Circular 3/2009: Notification of Planning Applications. Informatives There are no informatives. Background Papers Letters of representation 1 Authors Name Designation Contact Details John Cooney Planning Officer 01738 475345 JCooney@pkc.gov.uk Approved Name Designation Date Paul Williamson Team Leader (Local Developments) 28th May 2026 Page 77 of 92
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¯ © Crown copyright [and database rights] [2026] OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 10 June 2026 26/00303/FLL Erection of gypsy/traveller transit site, 10 hardstanding pitches, amenity block and EV charging point, at Islay Place, PerthScale 1:15,000 5(1)(ii) Page 79 of 92
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¯ © Crown copyright [and database rights] [2026] OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 10 June 2026 26/00303/FLL Erection of gypsy/traveller transit site, 10 hardstanding pitches, amenity block and EV charging point, at Islay Place, PerthScale 1:5,000 5(1)(ii) Page 81 of 92
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Perth and Kinross Council Planning and Placemaking Committee – 10 June 2026 Pre-Application Report by Development Management and Building Standards Service Manager (Report No. 26/167) Proposal: Erection of residential development, landscaping and associated infrastructure. Location: Land 60 Metres South of 43 Duntaylor Avenue, Aberfeldy, PH15 2BX. Ref. No: 26/00004/PAN Ward No: P4- Highland Summary This report is to inform the Committee of a potential forthcoming planning application in respect of a major development for the erection of a residential development, landscaping and associated infrastructure on land 60 Metres South of 43 Duntaylor Avenue, Aberfeldy, PH15 2BX. The report also aims to highlight the key planning policies and the likely stakeholders who would be involved in the decision making process, and to offer a brief overview of the key planning issues which are likely to be relevant to the proposal. Background And Description 1. In accordance with the provisions of the Town & Country Planning (Scotland) Act 1997 (as amended), the applicants submitted a Proposal of Application Notice (PoAN) on 3 March 2026. The purpose of this report is to inform the Planning and Placemaking Committee of a forthcoming planning application in respect of a major development for the erection of a residential development, landscaping and associated infrastructure on land 60 Metres South of 43 Duntaylor Avenue, Aberfeldy, PH15 2BX. Pre-application reports give the Committee an opportunity to raise issues which it would like to see addressed in the planning application. 2.1 This PoAN seeks to formally establish a major development. The exact range of uses, scale and design of the development will be arrived at during pre- application discussions. 6(i) Page 83 of 92
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Environmental Impact Assessment (EIA) 3. Due to the scale of the proposal it will require to be screened as to whether the proposal is an EIA development under the EIA 2017 Regulations. A screening request is required to be submitted by the applicant. Pre-Application Process 4. The PoAN (reference 26/00004/PAN) confirmed that two public exhibitions will be held at the Town Hall, The Square, Aberfeldy, PH15 2DD. The first event held on 19th March 2026 between 15.30 and 19.30 and the second event on 19th April between 15.30 and 19.30. The Ward Councillors, Aberfeldy Community Council and Kenmore and District Community Council have been notified. The results of the community consultation will be submitted with the planning application as part of the required Pre-Application Consultation (PAC) Report. Development Plan 5. The Development Plan for the area comprises National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2 (2019) (LDP2). National Planning Framework 4 6. 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. 7. NPF4 was adopted on 13 February 2023. 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 Crisis • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 13: Sustainable Transport • Policy 14: Design Quality and Place • Policy 15: Local Living and 20 Minute Neighbourhoods • Policy16: Quality Homes • Policy 18: Infrastructure First • Policy 20: Blue and Green Infrastructure Page 84 of 92
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• Policy 21: Play, Recreation and Sport • Policy 22: Flood Risk and Water Management 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. The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 1D: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 14B: Open Space Retention and Provision: Open Space within New Developments • Policy 15: Public Access • Policy 17: Residential Areas • Policy 23: Delivery of Development Sites • Policy 25: Housing Mix • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 39: Landscape • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 47: River Tay Catchment Area • Policy 52: New Development and Flooding • 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 58A: Contaminated and Unstable Land: Contaminated Land • Policy 60A: Transport Standards and Accessibility Requirements: Existing Infrastructure • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Page 85 of 92
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Statutory Supplementary Guidance 10. • Supplementary Guidance - Air Quality (adopted in 2020) • Supplementary Guidance - Delivering Zero Waste (adopted in 2020) • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2020) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) • Supplementary Guidance - Placemaking (adopted in 2020) PKC Non-Statutory Guidance 11. The following non statutory guidance and documents are of particular importance in the assessment of this application: • Planning Guidance - Delivery of Development Sites • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity National Guidance 12. The Scottish Government expresses its planning policies and guidance through the National Planning Framework, Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. Planning Advice Notes 13. The following Scottish Government Planning Advice Notes are likely to be of relevance to the proposal: • PAN 65 Planning and Open space • PAN 1/2011 Planning and Noise Planning Site History 14. 06/02015/FUL Full Planning Permission for erection of 24 dwellinghouses and garages was approved on 31 January 2007. 15. 08/01518/FUL Full Planning Permission for the erection of 27 dwellinghouses and garages was approved on 7 November 2008. Page 86 of 92
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16. 25/01157/TW Tree Works Application for crown clearing and light crown reduction of mature oak tree was approved 11 August 2025. Consultations 17. As part of the planning application process the following would be consulted: External • NatureScot • Scottish Water • Aberfeldy Community Council • Health and Social Care Partnership (HSCP) National Health Service (NHS) Internal • Environmental Health • Development Plans • Developer Contributions Officer • Affordable Housing Officer • Community Greenspace including Access • Transportation and Development • Structures and Flooding • Waste Services • Biodiversity Officer • Tree Officer Key Issues Against Which a Future Application Will Be Assessed 18. The key considerations against which the eventual application will be assessed include: a. Visual Impact b. Scale, Design and Layout c. Relationship to Nearby Land Uses d. Natural Heritage and Ecology e. Landscape f. Water Resources and Soils g. Air Quality h. Transport Implications i. Economic Impact j. Archaeology and Cultural Heritage Page 87 of 92
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Additional Statements Which Will be Required 19. Should an EIA Report not be required the following supporting documents will need to be submitted with any planning application: • Planning Statement • Design and Access Statement • Pre-Application Consultation (PAC) Report • Economic Impact Assessment • Transport Assessment • Construction Traffic Management Plan (CTMP) • Flood Risk and Drainage Impact Assessment • Drainage Strategy Plan • Landscape and Visual Impact Assessment • Tree and Woodland Survey • Phase 1 Habitat Survey including protected species • Ecological Impact Assessment • Biodiversity Action Plan • Sustainability Assessment • Air Quality Screening Assessment • Street Lighting Design Conclusion and Recommendation 20. This report summarises the key issues which should be considered as part of the appraisal of any subsequent planning application which may be lodged in respect of this development, and members are recommended to note these key issues and advise officers of any other issues which they consider should be included as part of the application and assessment. Authors Name Designation Contact Details Kirsty Strong Planning Support Officer 01738 475333 kstrong@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 20 May 2026 Page 88 of 92
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¯ © Crown copyright [and database rights] [2026] OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 10 June 2026 26/00004/PAN Erection of affordable residential development, landscaping and associated infrastructure on land 60 metres South of Duntaylor Avenue, Aberfeldy, PH15 2BXScale 1:20,000 6(i) Page 89 of 92
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¯ © Crown copyright [and database rights] [2026] OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 10 June 2026 26/00004/PAN Erection of affordable residential development, landscaping and associated infrastructure on land 60 metres South of Duntaylor Avenue, Aberfeldy, PH15 2BXScale 1:10,000 6(i) Page 91 of 92
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