25/01794/Fll
Perth and Kinross Council · 8 July 2026
Back to Planning and Placemaking Committee — 8 July 2026 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee - 8 July 2026 Report of Handling by Development Management and Building Standards Service Manager (Report No. 26/208) Proposal: Erection of 8 holiday accommodation units and associated works Location: Land south west of Milton of Pitcastle, Strathtay, PH9 0PJ Ref. No: 25/01794/FLL Ward No: P4 - Highland Summary This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. Background And Description Of Proposal 1 The application is for the erection of 8 holiday accommodation units and associated works. The site lies to the southwest of Strathtay village within the conservation area boundary but outwith the settlement. The site is contained within a larger grass field which is bordered by mature woodland to the north with an access track to the south and the River Tay beyond. 2 The proposal is to erect 8 holiday lodges comprising of 3 different types arranged along the private access track to the south. Parking is to be located at each lodge with wider landscape planting proposed to contain the site. 3 The access is taken from the existing road network through Strathtay, entering the site from the northeast from adjacent to the Strathtay bridge. 4 The plans have been revised from the original submission to remove a secondary access to north west and to vary the lodge types and site layout. Site History 5 25/01334/FLL Full Planning Permission application was withdrawn on 11 December 2025 for the erection of 8 holiday accommodation units and associated works.
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Pre-Application Consultation 6 Pre application Reference: 24/00084/PREAPL 7 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 8 The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance. National Planning Framework 4 9 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. 10 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 7: Historic Assets and Places • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 22: Flood Risk and Water Management • Policy 29: Rural Development • Policy 30: Tourism Perth and Kinross Local Development Plan 2019 11 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. 12 The principal relevant policies are, in summary;
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• Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 6: Settlement Boundaries • Policy 8: Rural Business and Diversification • Policy 9C: Caravan Sites, Chalets and Timeshare Developments: Chalets, Timeshare and Fractional Ownership • 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 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 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance • 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 • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity • Conservation areas National Guidance 13 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 14 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal:
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National Roads Development Guide 2014 15 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. Consultations 16 As part of the planning application process the following bodies were consulted: External 17 Mid Atholl, Strathtay and Grandtully Community Council - The community council objects to the proposal for the following reasons - contrary to policy, no justification for this location, access and road safety concerns, inappropriate siting (including layout, design, build, form and landscaping), flood risk, impact on River Tay SAC, impact on wildlife and no demand for holiday accommodation. 18 Perth and Kinross Heritage Trust - No objection to proposal albeit conditions required. 19 NatureScot - No objection to proposal condition required for construction method statement. 20 Scottish Water - No objection to proposal Internal 21 Enterprise Team - Comments provided on economic elements of the scheme. 22 Structures and Flooding - No objection and no conditions 23 Environmental Health (Noise Odour) - No objections subject to conditions regarding plant noise, lighting, construction hours and submission of a Noise Management Plan. 24 Transportation and Development - No objection to proposal subject to conditions. 25 Biodiversity - No objection to proposal subject to conditions 26 Conservation Team - No objection to proposal subject to conditions ensuring landscaping Representations 27 57 representations were received. The main issues raised within the representations are:
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28 41 Objections - Contrary to policy - Contrary to conservation area appraisal - Detrimental impact on character of conservation area - Road safety - Increased traffic - Impact on biodiversity - Impact of River Tay SAC - Inappropriate design, layout, density, built form, materials - Inadeqate landscaping - No demand for holiday accommodation - Flooding and drainage impacts - Noise pollution - Light pollution - Pollution generally including littering - Adverse effect on visual amenity - Inappropriate land use - Loss of open space - Out of character with the area - Over intensive development - Overlooking - Impact of emergency secondary access – now removed from proposal 29 16 Letters of Support - Local business support - Boost local spending and support business - Increased accommodation options - Reduces pressure on existing housing stock Non-material considerations 30 Precedents and unlawful material changes to the application have been raised. The reference sited relate to two applications in 2008 and 2009 for dwellinghouses which were appealed to the DPEA. These predate by some way the most up to date Development Plan polices (LDP2 adopted 2019 and NPF4 February 2023). In relation to changes to the proposal the description has not been altered nor the redline. The plans have been revised to address consultee comments but not significantly changed (from the description/redline). The application was readvertised and re-neighbour notified so there has been no error in process. 31 Loss of trees and inappropriate housing density have also been raised but there are no trees proposed for felling and the development is not for housing 32 The loss of prime agricultural land has been raised however the land is classed as 3.2. The development does therefore not result in the loss of any prime land.
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33 Risk of drowning has also been raised but this is not a material planning consideration. 34 The remaining issues are addressed in the Appraisal section of the report. Additional Statements 35 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 eg Flood Risk Assessment submitted Appraisal 36 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. 37 Section 64(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 is relevant and requires planning authorities to pay special attention to the desirability of preserving or enhancing the character or appearance of the designated conservation area. Principle 38 NPF4 Policies 29: Rural development and 30: Tourism are relevant as are LDP2 Policies 8: Rural Business and Diversification and 9: Caravan Sites, Chalets and Timeshare Developments. Policy 6 Settlement Boundaries of LDP2 is also a consideration. 39 NPF4 Policy 29 advises that development proposals that contribute to the viability, sustainability and diversity of rural communities and local rural economy will be supported. It further advises that development proposals in rural areas should be suitably scaled, sited and designed to be in keeping with the character of the area. They should also consider how the development will contribute towards local living and take into account the transport needs of the development as appropriate for the rural location.
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40 NPF4 Policy 30 offers considerable support for new tourist accommodation. It sets out that proposals for tourism related development will take into account factors such as the contribution made to the local economy; compatibility with the surrounding area and impacts on communities, along with sustainable principles and consideration of the natural environment. 41 LDP2 Policy 8: Rural Business & Diversification supports such proposals when they improve the quality of existing visitor facilities. Sites outwith settlements may be acceptable where they offer opportunities to diversify an existing business, or are related to an existing site-specific resource or opportunity. The proposal will comply with Policy 8 criteria (a) as it will contribute to the local economy through the provision of permanent employment and visitor accommodation. 42 LDP2 Policy 9: Caravan Sites, Chalets and Timeshare Developments generally supports the improvement of existing holiday-related uses. Policy 9C states that “the Council will give favourable consideration to new chalet and timeshare/fractional ownership developments where it is clear these cannot be used as permanent residences”. 43 Policy 6 Settlement Boundaries of LDP2 seeks to protect settlement boundaries and restricts development that adjoins the settlement boundaries unless one of four categories is met. In this case the existing access adjoins the settlement boundary, but the application site does not. It is therefore considered that as there is intervening land the proposal would not raise issue with this policy the generally proximity of the site to the settlement and its impact will however be considered. 44 The applicant is Pitcastle Estate and the supporting information notes that the business is diverse, combining traditional rural operations with modern hospitality and land use. It runs a sawmill producing timber from locally grown larch oak, pine, ash, douglas fir, and cedar, supplying materials such as boards and sleepers. The estate also offers livery services with stables, tack room facilities, and 15 acres of pasture. Tourism plays an important role, with the Milton of Tullypowire holiday cottage welcoming guests and providing accommodation for up to eight people. In addition, the estate manages over 200 deer and offers trophy stalking as well as fishing rights on both banks of the River Tay. Other ventures include a hydro scheme and wildlife management initiatives, all of which contribute to a broad business model blending farming, forestry, sport, and tourism. 45 The proposed lodges are proposed to contribute to the business growth providing a sustainable, year-round income stream that supports the broader rural business and land management operations. Expanding into lodge tourism will allow the business to diversify its income, extend the visitor season, and attract a wider market. The proposal will support local employment and contribute to the rural economy.
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46 There has been much raised through representations about inaccuracies in the supporting information in relation to the business case and whether there is a need for tourist accommodation. In addition, the siting has also been raised as the estate has a large land holding. The information submitted has been reviewed by the Councils Economic Development Team. Perthshire attracts a large number of tourists and the local area demonstrates a large number of attractions/facilities. Whilst there has been much analysis of the figures in letters of representation the applicant has demonstrated as required by policy that they have considered the business elements of the proposal. The site is also within an area that the council knows is popular in terms of tourism and where there are other existing tourist facilities. 47 The development of this site is for tourist accommodation in purpose built units reducing impacts on local housing stock which is welcomed rather than the use of existing properties converted to short term lets. The development will increase tourist footfall to the benefit of other local hospitality businesses and local shops. The development will increase the provision of self-catering accommodation in the local area. It is difficult to deny that the proposal would not have a positive economic impact. 48 Thes submission demonstrates the land holding and other available land. This site whilst not in the settlement and in the conservation area offers an opportunity for a low density development of buildings which are not uncommon in rural areas to provide holiday accommodation within walking distance of a number of facilities including those aimed at tourists and for local residents alike. 49 Overall, NPF4 and LDP2 policies are supportive of the proposal as the diversification of an existing rural business. Therefore, the development proposals are acceptable in principle, subject to compliance with other relevant development plan policies and material considerations, which are assessed below. Design and Layout 50 NPF4 Policy 14: Design, Quality and Place and LDP2 Policy 1: Placemaking are relevant in the consideration of the design and layout of the proposal. There is also criteria with the tourism and rural business polices of LDP2 and NPF4 which require that development be of high quality deign, be of a scale that’s in keeping and be satisfactorily accommodated within the landscape and environmental capacity of the site. 51 The proposal is to site 8 holiday lodges single-storey with a simple design positioned primarily along the southern edge of the site, close to the River Tay. The lodge design varies featuring a rectangular form with varying roof pitches; mono pitch, shallow dual-pitched roof and asymmetric dual-pitch. The proposed external materials incorporate natural timber cladding, and dark roof finishes with glazing.
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52 The development will be accessed from the existing private track which runs to the south with will be extended in width. 53 The development will incorporate landscape enhancement measures, including extensive wildflower meadow planting, new tree and hedgerow planting, and a central green space that contributes both visually and ecologically. The layout and siting have been carefully chosen to protect existing trees, avoid steep slopes, and preserve views from surrounding properties. 54 The proposal is considered to comply with the Council’s Placemaking policies and in particular LDP2 Policy 1, as the scale, design and siting of the development in conjunction with the landscape setting would not detrimentally impact the character and amenity of the place. Residential Amenity 55 The proposed development has the potential to give rise to noise impacts, having regard to the nature of the use as holiday accommodation. Noise and residential amenity are assessed primarily against Policy 56: Noise Pollution of the LDP2 and Policy 23: Health and Safety of NPF4. These policies seek to ensure that development does not result in unacceptable noise impacts on noise-sensitive receptors, including nearby residential properties, and that risks to human health are appropriately mitigated. 56 The site is separate from the settlement boundary and the nearest property to the site out with the applicant’s ownership is approx. 200m to the north. Given the location and distance to neighbouring residential properties out-with the ownership of the applicant the proposed units are not considered to have significant impact on the residential amenity of neighbouring properties. However, the applicant will need to be mindful of noise that may be generated by the users of the site. The standard noise management plan condition is recommended in this regard (Condition 6). 57 The main source of noise will be from patrons using the site, especially in the late evening period. Environmental Health advise that this can be controlled through good site management. There is also the potential for noise during the construction phase. Should the application be approved Environmental Health recommend that a Noise Management Plan will be required to be submitted and agreed prior to the operation of the development. Further conditions will also be required to control plant noise, delivery times and construction hours. (Conditions 3, 5 and 20). 58 Environmental Health raised no concerns regarding light pollution and impact on the nearest residential properties. They have requested a standard lighting condition should the application be approved to prevent any light spillage issue from occurring (Condition 4). The proposal is considered to comply with LDP2 Policy 55. Roads and Access
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59 The proposed development has been assessed against Policy 60B: Transport for New Development of the LDP2 and Policy 13: Sustainable Transport of NPF4, both of which seek to ensure that development is safely and appropriately served by the transport network, minimises reliance on private car travel where feasible, and avoids adverse impacts on road safety or network operation. 60 This positioning of the site near the settlement affords direct access to the Spar Shop, Inn on the Tay public house, Ballintaggart restaurant and bar etc which are all within walking distance and covered bus stops for public transport to a range of larger settlements. 61 The applicant’s intention to utilise an existing vehicle access onto the C447 to the north of the Grandtully Bridge. The secondary access has now been removed from the application and is no longer under consideration. The proposal seeks to widen the existing access track to the south of the site only, to provide emergency egress and access to lodges. 62 Transport Planning have visited the site to gain more information on the route given that the secondary access has been removed and that concerns have been raised about emergency vehicle access. The carriageway kerb to kerb is below 3.7 metres in places, which is the required for the operating space at the scene of a fire, as described in Designing Streets. The track although narrower than 3.7m in parts does not mean an emergency vehicle cannot access, it means the operating space is not adequate. At the narrowest point the width is approximately 3.3m and for reference a fire engine is 2.5m wide. Designing Streets notes that simply to reach a fire the access route could be reduced to 2.75m over short distances. Where the lodges are there is an informal track which will be widened to 3.7m within which an emergency vehicle can operate. 63 The access at the junction with the public road is approximately 3.3 metres in width, and to the west of the access there is no clearly defined kerbing and vegetation has encroached the vehicle access. On travelling along the access track towards the site, the vehicle access starts to widen to approximately 3.5 metres, again vegetation has encroached the access track. To the south of Milton of Pitcastle, the track narrows to a narrow rural track with two well established tyre tracks. The applicant is proposing to widen this track to 3.7 metres. It is recommended that suitable passing places are also including in this section to allow visitors the opportunity to pass. A passing place condition will be added (Condition 17) 64 The existing access junction which adjoins the public road network is at point where the speed limit is 20mph and on the bridge to the right of the junction further reduced to 10mph. There are no footpaths and road users should be familiar with the likelihood of encountering pedestrians, cyclists and horse riders. On existing the track onto the public road there is adequate visibility to the right towards the bridge and to the left the road arrangement is such that traffic exiting the junction where the war memorial is visible and there is a give way to traffic coming from Strathtay village. The primary access onto the public road network
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shall be surfaced to the requirements of the Roads Authority. A condition is recommended. (Condition 16). 65 With regards to the servicing of the site, the applicant has updated the drainage plan to show the location of a combined cycle and bin storage area at each of the lodges. The method for collection of the waste has not been detailed, as such a waste strategy shall be required. A condition is recommended. (Condition 18) 66 The applicant is also proposing to install at Klargester Biodisc for 35 person equivalents. The applicant has provided details on the location and the turning facilities in relation to the servicing of the foul treatment plant. 67 The applicant will be required to provide a minimum of 2 parking spaces at each holiday accommodation unit. A condition is recommended. (Condition 19) 68 A Construction Traffic Management Plan will be required for the development, with a focus on the mitigation to be provided to the public road network during the construction phases to prevent damage to the local road network and avoidance of the Grandtully Bridge with its reduced weight limit. A condition is recommended. (Condition 20) 69 As such, the current proposal is acceptable in terms of roads and access, according with NPF4 Policy 13: Sustainable transport and LDP2 Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals. Drainage and Flooding 70 The proposal is to provide a private foul and surface water drainage solution for the site. The principle of utilising private drainage infrastructure is acceptable in planning terms and is supported by Policy 53B (Wastewater Treatment and Drainage) of the LDP2, which allows for private drainage solutions where connection to the public sewer is not available, subject to appropriate safeguards and the absence of unacceptable environmental impact. This approach is also consistent with NPF4, which recognises private drainage systems as an appropriate solution in rural locations, provided they are properly designed and regulated. In this regard, the submitted drainage information demonstrates that a comprehensive strategy has been developed for the site, incorporating separate foul and surface water systems. The drainage report confirms that, in the absence of a public sewer, foul drainage is to be managed by a specialist on-site package treatment plant 71 The site lies in close proximity to the River Tay, Policy 52 (New Development and Flooding) of the Perth and Kinross Local Development Plan 2 and Policy 22(f) of National Planning Framework 4 require that flood risk is considered. 72 A number of concerns have been raised with regards to flooding. The Flood Team have reviewed the documents referred to in objections and sought further information from the applicant agent.
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73 The SEPA flood map indicates that the site itself is not at risk of flooding. However, the site boundary is shown to be at a high risk of fluvial flooding during a 1 in 200-year flood event plus climate change. 74 There is a hydrometric gauging station on the River Tay in close proximity to the proposed development site. The highest recorded water level at this station is 4.355 m, which equates to approximately 65.025 m AOD. The proposed lodges are set with finished floor levels of approximately 72.00 m AOD (as shown on the Drainage Strategy Plan), providing a freeboard of over 7 m relative to the highest recorded water level. 75 On this basis, the Flood Team’s position is that the proposed development is suitably elevated above the fluvial flood risk from the River Tay, and the SEPA’s flood maps accurately represent the flood risk to the site. No further detailed investigation is therefore required. Conservation Considerations 76 The subject site is located within the south-western extent of the Grandtully and Strathtay Conservation Area. The site is on a southern bend of the River Tay which has historically not been built upon. The Grandtully and Strathtay Conservation Area Appraisal (2008) states that ‘the river and its banks are an important feature of the townscape and make a positive contribution to the townscape experience of the village’. There is evidence along the riverbank of mill lades from the Mills of Pitcastle (corn and lint) to the north of the site (identified in the Heritage Assessment). 77 The Grandtully and Strathtay Conservation Area Appraisal states that conservation areas must be safeguarded and enhanced. This is defined through: • Defining the character that merits protection, including the space between buildings; • Use of appropriate controls over development, demolition and advertising; • Financial assistance, where appropriate, for works of repair and restoration; • Protection of trees; • Interpretation schemes, through leaflets or exhibitions; • The implementation of enhancement schemes based upon a conservation area appraisal. 78 The appraisal also clarifies that designation as a Conservation Area does not place a ban upon all new development within its boundaries. However new development will normally only be granted planning permission if it can be demonstrated that it will not harm the character or visual quality of the area. New development should also positively enhance the area through good design rather than just create a neutral effect. 79 The National Planning Framework (NPF4) under policy 7d states that; ‘Development proposals in or affecting conservation areas will only be supported where the character and appearance of the conservation area and its setting is
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preserved or enhanced. Relevant considerations include the: architectural and historic character of the area; existing density, built form and layout; and context and siting, quality of design and suitable materials’. 80 Similarly, Policy 28A of the Perth & Kinross Local Development Plan 2 (LDP2) states that ‘Development within a Conservation Area must preserve or enhance its character and appearance. The design, materials, scale and siting of new development within a conservation area, and development outwith an area that will impact upon its form of Strathtay is informal, reflecting the undulating topography that rises from the river. Development within the village is typically low density, characterised by generous garden plots, mature individual trees, and a loose, organic arrangement of buildings’. 81 The original submission had the proposed chalets of just one type arranged in a regular, uniform curved formation with identical landscaping and positioning. This regimented layout and uniformity of design did not reflect the established character of the conservation area. It was considered to minimise the visual impact on the character of the conservation area, the siting of the chalets should adopt a more irregular and organic pattern, responding more sensitively to the limited topographical variation available on the site. In addition to this introducing variation in the design and scale of the chalets it should retain modest proportions and utilise natural materials. 82 The plans have been revised to introduce three different styles of lodge and varied layout. There have continued to be many objections regarding the lodge design, layout and finishes and there is a difficult balance to be struck. The lodges proposed have maintained low ridge heights and modest timber clad finish with dark roofing materials. There is variation in the footprints, layout and orientation. The development is low impact and has no direct comparison with existing buildings being well screened and contained from the building group. The design is considered appropriate for the use and the simpler design, form and finish means the development can sit within the site reducing any wider visual impact. 83 There are no conservation concerns raised with the proposal to widen the existing site access, however large areas of hardstanding should be avoided within the site. Access within the site should be formed of gravel or similar to avoid detracting from the setting of the conservation area this will be conditioned via landscaping considerations (Condition 9). 84 The Design & Access Statement states hedgerows will be planted, however no detailed landscape plan is included. Formal landscaping of the site should be avoided, and hedgerows should only be planted along historic field boundaries. Landscaping along the riverbank should be native to support the local environment. As noted above a detailed landscape plan will be conditioned. (Condition 9) 85 The Conservation Planner notes the location plan and subsequent site plans do not identify the existing mill lade in relation to the exact siting of the chalets.
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However the site does not extend beyond the access track which the Mill lade lies to the south of, and the track is clearly noted on plans. There is an opportunity for onsite interpretation should evidence of the lade be found in good condition. (Condition 15) 86 The proposed development site lies within an area that is archaeologically sensitive as it is situated within known archaeology with the potential for further remains to be discovered. As part of pre application work the developer commissioned a Heritage Impact Assessment (HIA) of the area, which was undertaken by AOC Archaeology in June 2025 and forms part of this submission. PKHT agree with the results of this assessment, with the potential for unknown archaeological remains to exist alongside the known assets of MPK20544 (linear feature) and MPK20545 (curvilinear feature). Therefore, in line with the recommendations made in the HIA, should permission be granted for this development, it is recommended that a condition for a programme of archaeological works be attached to ensure an appropriate level of works to assess the area for potential, record where required and safeguard known archaeology where appropriate. (Condition 7) Natural Heritage and Biodiversity 87 NPF4 Policy 3: Biodiversity and Policy 6: Forestry, Woodland and Trees are relevant considerations, as are LDP2 Policies 40: Forestry, Woodland and Trees and 41: Biodiversity are relevant in the assessment of the application. 88 The application site is to the north of the River Tay and within the River Tay Special Area of Conversation (SAC). There are records of protected species in the area, the site is grassland with mature trees to the north (out with the site. There are no buildings or mature trees within the site. 89 All methods on the submitted Preliminary Ecology Survey and Ecological Assessment Report are in accordance with best practice. The proposed development will lead to a loss of grassland and it is recommended that his is compensated for by sowing native species rich wildflower mixes into retained areas of grassland around the site. All existing riparian habitat should be retained and all further recommendation in section 7 of the report must be adhered to in full (to be conditioned 10). Biodiversity enhancement and the measures to protect animals from being trapped in open excavations will also be added by condition. (Conditions 12 and 13) 90 NatureScot have also considered the proposal and note that there are natural heritage interests of international importance close to the site, however, their advice is that these will not be adversely affected by the proposal, provided all work is carried out in accordance with an appropriate Construction Environmental Management Plan (CEMP). (Condition 8) 91 A large number of issues with the survey have been raised in relation to the content and competency of the Ecologists report and in relation to the assessment provided by the Councils Biodiversity Officer. As noted above the
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site is grassland, has no mature trees within the site and there are no buildings on the site. The Biodiversity Officer confirms that the report is in accordance with published best practice. The Ecologist who undertook the assessment and wrote the report is a member of CIEEM who are the leading professional body for ecologists and environmental managers are. The survey is in accordance with published best practice, and the visits were undertaken during the optimal survey season. The survey included habitat, vegetation, bats, badgers, birds, pine martens, red squirrels, otters, beavers, water voles, amphibians, and reptiles. The Ecologist is qualified to survey for these species. 92 In relation to issues regarding the behaviour of individuals in relation to ecology for example littering, disturbance etc. The Biodiversity Officer confirms that due to the Land Reform (Scotland) Act 2003, no habitat receives protection from disturbance from people wishing to exercise their access rights responsibly. Measures such as signage and directing people to established paths could be used to help protect habitats. Construction Period 93 The applicant has indicates that the site will be developed in phases and all developments have a level of impact during construction, and this is not the same as long-term impacts of the end development/use. In this case it is considered that a Construction Traffic Management Plan should be put in place to mitigate and manage potential impacts (Condition 20). In addition, construction hours can be controlled to limit the hours of noisy work (Condition 5) Low and Zero Carbon Generating Technologies 94 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. 95 A condition will be added to ensure that low and zero-carbon generating technologies are integrated into the proposal. (Condition 14) Developer Contributions 96 There are no developer contributions required. Economic Impact 97 The proposal will assist the existing business income, extend the visitor season, and attract a wider market. This modest expansion ensures the estate remains
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financially resilient, supports local employment, and continues contributing to the rural economy. Variation of Application Under Section 32A 98 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 site layout, lodges and access road. Planning Obligations and Legal Agreements 99 None required. Direction By Scottish Ministers 100 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application. Conclusion and Reasons for Recommendation 101 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly the proposal is recommended for approval subject to the following conditions. Recommendation Approve, subject to the following conditions: Conditions and Reasons for Recommendation 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason: This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The development hereby approved shall be used solely for holiday accommodation and shall not be occupied as the sole or main residence of any occupant.
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Reason: In order to clarify the terms of the permission; to control and restrict the use of the building. 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: In order to safeguard the neighbouring residential amenity in the area. 4. 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 order to safeguard the residential amenity of the area. 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. The above shall be implemented throughout the construction stage of the development unless otherwise agreed in writing with the Council as Planning Authority and Environmental Health. Reason: In order to safeguard the residential amenity of the area. 6. Prior to the development being brought into use a Noise Management Plan shall be submitted for the written approval of the planning authority. The plan shall include all sources of noise associated with the development, including user noise and the measures that will be put in place to minimise and/or control noise. 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 Noise Management Plan has been approved, it shall be fully implemented for the lifetime of the development. Reason: In order to safeguard the residential amenity of the area. 7. 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). 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
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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. 8. Development shall not commence until a detailed Construction Environmental Management Plan (CEMP) detailing environmental mitigation measures and construction method statements, including specific measures for environmental monitoring during construction, shall be submitted for the written agreement of the Council as Planning Authority. Such details shall be submitted not less than two months prior to the agreed scheduled commencement date and shall incorporate detailed pollution avoidance and mitigation measures for all construction elements. Thereafter the development shall be fully undertaken in accordance with the agreed CEMP. For clarification, the CEMP shall include information to satisfy the matters referred to in the consultation response from Nature Scot and dated 6th Nov 2025. Reason: In order to ensure the development does not impact negatively on the nearby Special Area of Conservation. 9. Prior to the commencement of the development hereby approved, a detailed landscaping and planting scheme for the site shall be submitted to and approved in writing by the Planning Authority. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including the construction material finish of the internal access roads and parking, materials and installation methods and, species, height, size and density of trees and shrubs to be planted. 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, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained to the satisfaction of the Council as Planning Authority. 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 to the satisfaction of the Council as Planning Authority. Reason: In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 10. The conclusions and recommended action points within the supporting ecology survey submitted by Tay Ecology dated 17th June 2025 and hereby approved (document(s) 07 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.
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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). 11. 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. 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). 12. 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. 13. Prior to the commencement of the development hereby approved, a detailed plan indicating location, quantity, specification and maintenance requirements for compensation and biodiversity enhancement measures shall be submitted for the further written agreement of the Council as Planning Authority. It shall include: - Retention of existing riparian vegetation. - Sowing native species-rich wildflower meadow mixes into retained areas of grassland as compensation. - Biodiversity enhancement measures over and above the measures required for compensation in accordance with the recommendations within the supporting biodiversity survey submitted and hereby approved. 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 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). 14. Development shall not commence until specifying measures to maximise environmental sustainability through design, orientation and planting or any other means has been submitted for the written agreement of the Council as Planning Authority. These measures shall include a scheme that demonstrates how current carbon emissions reduction set by the Scottish Buildings Standards will
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be met through the installation and operation of low and zero-carbon technologies, specifying what these technology types are, their location and ongoing operation and maintenance. All works shall be carried out in accordance with the agreed scheme and be operational prior to the use of the development. Reason: In the interest of protecting the environment and sustainability. 15. Prior to the commencement of development details of an interpretation board for the Mill Lade shall be submitted for the written approval of the Council as Planning Authority in consultation with the Council's Conservation Officer. The interpretation board shall be installed in a prominent and publicly accessible location. The interpretation board as agreed shall be installed prior to the use of the development. Reason: In the interest of maintaining the historic environment. 16. Prior to the occupation of first holiday accommodation unit, the vehicle access from the public road network to the site shall be surfaced in accordance with Perth & Kinross Council's Road Development Guide, using Construction Type B from the Construction Details for Access Types, C, D and E), for a minimum distance of 10 metres from the edge of the public road network into the site, with a suitable tie into the existing carriageway surface. Reason: In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 17. Prior to commencement of any development on site, a detailed design showing the locations of passing places shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. For the avoidance of doubt, the detailed design shall provide for passing places along the full length of the access track from the public road to the furthest most holiday accommodation units. The passing places, as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority and undertaken prior to the commencement of construction associated with this planning application (25/01794/FLL). Reason: In the interests of pedestrian and traffic safety 18. Prior to the commencement of works on site, detailed drawings showing waste and recycling bin presentation locations and strategy for presenting and collecting waste from the site, shall be submitted for the written agreement of the Council as Planning Authority. None of the holiday accommodation units hereby approved shall be occupied until the agreed scheme has been provided in full for all units. Reason: In the interests of road safety to prevent long reversing manoeuvres.
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19. Prior to the occupation of each holiday accommodation unit, the cycle and car parking facilities shown on the approved drawings shall be implemented and thereafter maintained. Reason: In the interests of road safety; to ensure the provision of adequate off- street car parking facilities and cycle storage facilities. 20. 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 Scheme (TMS) 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 and the Grandtully Bridge; (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 to ensure that access for emergency service vehicles are not impeded; (d) measures to minimise the level of dust, dirt and debris on the local roads; and (e) details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason: In the interest of proper site management Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None required 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
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Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. Please use the form attached herewith. 3. An application for Building Warrant may be required. 4. Part of the approved development includes 'caravans'. The developer is advised that caravans require to be licensed under the terms of Section 1 of the Caravan Sites and Control of Development Act 1960 and therefore a licence application should be made to Environmental Health. Application forms are available at https://www.pkc.gov.uk/article/15600/Licence-caravan-site. 5. 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. 6. Due to the nature of the proposed work it is important to keep in mind the possibility of finding bats when doing work on the existing roof. If bats are found during works, the work should stop immediately and you should contact NatureScot at Battleby immediately for advice. Building works should avoid the times of year when bats are most vulnerable to disturbance. The summer months, when bats are in maternity roosts, and the winter months when bats are hibernating, should be avoided. Typically, early spring and autumn months are the best times to do work that may affect bats. If you suspect that bats are present you should consult NatureScot for advice. For further information visit the Bat Conservation Trust website http://www.bats.org.uk/. Please note that bats are protected by law, and it is a criminal offence to deliberately harm, capture, kill or disturb a bat or its resting place. 7. 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 site layout, lodges and access road. 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. 9. 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 Environmental Protection Agency. 10. The internal site is to remain private and as such will not be maintained by Perth & Kinross Council, nor will it be suitable for future adoption. The Waste Services team have requested that if the developer would like the Waste Collection Vehicle to enter the site to collect waste, then the developer will be
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required to indemnify the Council through a signed waiver. 11. In accordance with Building Standards, 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. Background Papers Letters of representation 65 Authors Name Designation Contact Details Joanne Ferguson Planning Officer 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Paul Williamson Team Leader (Local Developments) 23 June 2026