Agenda Document Pack - Planning and Placemaking Committee - 08/07/2026
Perth and Kinross Council · 8 July 2026
Back to Planning and Placemaking Committee — 8 July 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 30/06/2026 A hybrid meeting of the Planning and Placemaking Committee will be held in the Council Chamber on Wednesday, 08 July 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 212
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Planning and Placemaking Committee Wednesday, 08 July 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/SUBSTITUTES 2 DECLARATIONS OF INTEREST 3 MINUTE OF MEETING OF THE PLANNING AND PLACEMAKING COMMITTEE OF 10 JUNE 2026 (copy herewith) 7 - 12 4 DEPUTATIONS 5 APPLICATIONS FOR DETERMINATION 5(1) MAJOR APPLICATIONS 5(1)(i) 25/01836/FLM - FORMATION OF A 39MW SOLAR FARM COMPRISING GROUND-MOUNTED SOLAR PV ARRAY, BATTERY ENERGY STORAGE SYSTEM (BESS), A SUBSTATION, INVERTERS, TRANSFORMERS, WELFARE CONTAINERS, FENCING, CCTV CAMERAS, VEHICULAR ACCESS AND ASSOCIATED WORKS, LAND 890 METRES EAST OF THE BYRE, BALVAIRD FARM, STRATHMIGLO, KY14 7SR Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/203) 13 - 44 5(1)(ii) 26/00067/FLM - INSTALLATION OF 49.9MW BATTERY ENERGY STORAGE SYSTEM (BESS), FORMATION OF SUDS, ASSOCIATED INFRASTRUCTURE AND LANDSCAPING WORKS, LAND 200 METRES NORTH WEST OF JAMESFIELD GARDEN CENTRE, NEWBURGH, CUPAR, KY14 6EW Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/204) 45 - 74 Page 3 of 212
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5(1)(iii) 26/00228/42M - S42 APPLICATION TO VARY CONDITIONS 1, 3, 4, 5, 6, 7, 8, 12, 15, 19, 22, 23, 24, 26, 32, 33, 34, 35, 36, 38, 39, 40, 41, 42, 43, 45, 46, 49, 50 AND 53 OF PLANNING PERMISSION IN PRINCIPLE 20/00667/IPM, PERTH WEST (MU70) OLD GALLOWS ROAD, PERTH Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/205) 75 - 104 5(1)(iv) 19/01927/MWM - MINERAL EXTRACTION AND PROCESSING INCLUDING ALTERATIONS TO VEHICULAR ACCESS, ERECTION OF ANCILLARY BUILDINGS, LANDSCAPING, REINSTATEMENT AND ASSOCIATED WORKS (PHASE 3) (IN PART RETROSPECT), LAND SOUTH WEST OF ARNS FARM, AUCHTERARDER Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/206) 105 - 132 5(2) LOCAL APPLICATIONS 5(2)(i) 26/00045/FLL - CHANGE OF USE OF QUARRY TO GUN DOG TRAINING CENTRE, ERECTION OF KENNELS, VETERINARY PRACTICE, RECEPTION BUILDING, INDOOR ARENA, MAINTENANCE BUILDINGS, STAFF AND STUDENT ACCOMMODATION, INSTALLATION OF PV AND ASHP AND ASSOCIATED WORKS, LAND SOUTH WEST OF ARNS FARM, AUCHTERARDER Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/207) 133 - 164 5(2)(ii) 25/01794/FLL - ERECTION OF 8 HOLIDAY ACCOMMODATION UNITS AND ASSOCIATED WORKS, LAND SOUTH WEST OF MILTON OF PITCASTLE, STRATHTAY, PH9 0PJ Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/208) 165 - 192 6 PROPOSAL OF APPLICATION NOTICES (POAN) 6(i) 26/00005/PAN - RESIDENTIAL DEVELOPMENT AND ASSOCIATED WORKS, LAND 100 METRES WEST PF 28 STRATHMORE TERRACE, ALYTH, BLAIRGOWRIE, PH11 8DP Pre-Application Report by Development Management and Building Standards Service Manager (copy herewith 26/209) 193 - 202 6(ii) 26/00006/PAN - ERECTION OF AN OFFICE BUILDING, FORMATION OF ACCESS AND PARKING AREA AND 203 - 212 Page 4 of 212
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ASSOCIATED WORKS, LAND 880 METRES NORTH OF BERTHA PARK FARM, PERTH, PH1 3EQ Pre-Application Report by Development Management and Building Standards Service Manager (copy herewith 26/210) Page 5 of 212
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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 10 June 2026 at 9.30am. Present: Councillors I Massie, G Stewart, K Allan, B Brawn, K Harvey, D Illingworth, I James, G Laing (substituting for Councillor D Cuthbert), I MacPherson (substituting for Councillor R Watters), Bailie C McLaren and Bailie M Williamson. In Attendance: Councillor P Barrett; S Merone, Strategic Lead - Economy, Development and Planning; S Durning, R Haines, L McLean, B Murray, L Reid, K Smith. K Stevens and P Williamson (all Economy, Development and Planning); A Brown, N Edwards, G Fogg, V Jordan, J Kirkwood and M Pasternak (all Legal and Governance). Apologies: Councillors D Cuthbert and R Watters. 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 13 May 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. 25/01678/FLL 5(1)(i) 26/00303/FLL 5(1)(ii) 3 Page 7 of 212
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5. Applications For Determination (1) Local Applications (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 No. 26/165) The Clerk read a statement by Ms K MacCorquodale, objector. Mr M Alexander, applicant and Mr M Richardson, agent 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. 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. Page 8 of 212
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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. 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 Page 9 of 212
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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. 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 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 10 of 212
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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 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. 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/binrequests Page 11 of 212
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(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 No. 26/166) Councillor P Barrett, local member followed by Ms E Ritchie, on behalf of the applicant, supported by Mr A Cameron, architect (via telephone), addressed the Committee and answered members questions. Resolved: Minded to Approve, subject to consideration by Scottish Ministers, following the submission of suitable terms, conditions and informatives to be drawn up by the planning officer. Justification Although the application is contrary to Policy 22 of National Planning Framework 4 and Policy 52 of the Local Development Plan 2 there are material considerations which justify the planned departures, including: • the long-running failure of the Planning Authority to identify any other suitable gypsy/traveller transit site within or around Perth City and there being no prospect of any other site being found; • the public sector duties of the Planning Authority under the Equality Act 2010 to gypsy travellers and, in particular, their accommodation needs; • the long established, unauthorised occupation of the wider area of the site by gypsy/travellers which the Council, as both Housing and Planning Authority, has been unable to prevent; • that considering that gypsy travellers will continue to use the area as a transit site in any event, their safety and wellbeing will be more secure at an authorised site, with flood mitigation measures operating, including a flood evacuation plan, than can be provided for an unauthorised encampment with no such measures in place; • the site is modest and the loss of employment land is not significant. 6. Proposal of Application Notices (PoAN) (i) 26/00004/PAN - Erection of residential development, landscaping and associated infrastructure, land 60 Metres South of 43 Duntaylor Avenue, Aberfeldy PH15 2BX (Report No. 26/167) Bailie M Williamson requested that consideration is given to the tree which has a tree protection order during the construction period, the possibility of run off from the fields that surround the site and how this is managed and traffic management during the construction phase. The contents of the Report by the Development Management and Building Standards Service Manager, were noted. Page 12 of 212
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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. 26/203) Proposal: Formation of a 39MW solar farm comprising ground-mounted solar PV array, battery energy storage system (BESS), a substation, inverters, transformers, welfare containers, fencing, CCTV cameras, vehicular access and associated works Location: Land 890 metres east of The Byre, Balvaird Farm, Strathmiglo, KY14 7SR Ref. No: 25/01836/FLM Ward No: P9 - Almond and Earn Summary This report recommends approval of the proposed solar farm and BESS 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. The proposed solar farm and associated BESS are considered to provide positive renewable energy benefits whilst impacts on biodiversity, landscape, visual and residential amenity, improvements to access, drainage, water supplies, natural heritage, archaeology/heritage assets and loss of agricultural land are acceptable in the context or can be mitigated. Background and Description of Proposal 1. The proposals relate to land some 4km north-west of Strathmiglo and 5km north- east of Glenfarg. The site extends to circa (c.) 58.85 hectares (ha). The landform is gently sloping, with elevation varying c.245m above ordinance datum (AOD) at the eastern edge to c.205m in the south-west part. 2. The site is currently used for rough grazing and growing of arable crops. The Scotland Soils website indicates that the soils therein are Agricultural Land Capability (ALC) Class 4.1 (land capable of producing a narrow range of crops) in the eastern part and Class 5.1 (land capable of high-quality grassland) to the west. The site is c.1km south-east of the Binn Eco Park. Access is from the west via Millden Road, which connects to the A912. There are no other recognised 5(1)(i) Page 13 of 212
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walking routes, rights of way, or core paths in the immediate vicinity. Otherwise, there are some residential properties in the vicinity, the closest being Gamekeeper’s Cottage (c.140m to the north of the NE corner of the site), a small group of houses at Balvaird (to the west) and which are along side the Millden Road. Ther are also the small settlements of Glentarkie (to the southeast) and Pittuncarty (a little further southeast). The closest designated heritage asset is the Category ‘C’ listed Balvaird Farmhouse, to the west off Millden Road. 3. There are no watercourses running through the site. In landscaping terms a stand of coniferous woodland sits beyond the northern boundary, but there are no trees within the site itself. Neither are there any designated ecological sites within the site boundaries, however there are two Special Protection Areas (SPAs) and Ramsar sites designated for pink-footed goose within 10 km. The site is considered within core foraging distance for these geese and thus there is a possible functional link with these European/international sites. 4. The area is considered a fringe upland landscape characterised within the immediate wider context by agricultural buildings, there is also an off-road driving centre, and the industrial buildings and activity at Binn Eco-Park. 5. The non-statutory landscape designation is the Ochil Hills Local Landscape Area (LLA), with the Lomond Hills LLA 2.7 km to the south-west. No Abnormal Indivisible Load Vehicles (AILVs) will be needed to deliver components to the proposed development. Site History 6. 25/00007/PAN A Proposal of Application Notice (PoAN) was submitted on 3 June 2025 for the installation of a 39MW solar farm comprising ground mounted solar array, battery energy storage system (BESS), vehicular access and associated works. The notice was considered sufficient and the consultation proposals accepted. 7. 25/00009/PAN A further PoAN was submitted on 19 June 2025 in relation to the: Installation of a 39MW solar farm comprising ground mounted solar array, battery energy storage system (BESS), vehicular access and associated works. The notice was considered sufficient and the consultation proposals accepted. 8. 25/01164/SCRN- A Screening Request was received and an Opinion issued by the Council on 3 September 2025 relating to - Binn Farm, Proposed Solar and BESS. Opinion – the proposals are not EIA development. 9. 25/00007/PAN - received on 3 June 2025 for the Installation of a 39MW solar farm comprising ground mounted solar array, battery energy storage system (BESS), vehicular access and associated works. The notice was considered sufficient and the consultation proposals accepted. Page 14 of 212
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10. 25/00009/PAN- received on 19 June 2025 for the installation of a 39MW solar farm comprising ground mounted solar array, battery energy storage system (BESS), vehicular access and associated works. The notice was considered sufficient and the consultation proposals accepted. Environmental Impact Assessment 11. As noted above an EIA Screening has been undertaken and an Opinion issued by the Council. The proposal is a Schedule 2 Development in terms of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. In the case of these regulations, planning permission cannot be granted to “EIA development” unless an environmental impact assessment has been undertaken. The Screening Opinion (Planning Ref: 25/01164/SCRN) was issued by PKC on 3 September 2025 which confirmed that the application would not require to be accompanied by an EIA. 12. The Council is of the opinion that it does not constitute EIA development, and that sufficient information has been submitted with the application to enable a determination in consideration of all relevant environmental matters. These environmental aspects requiring further consideration, are noise, landscape and visual amenity, trees and biodiversity, roads and transportation and flood / drainage matters. Pre-Application Consultation 13. Pre application Reference: 25/00011/PREAPM. As a result, the proposed application was, generally, supported. However, concerns were raised regarding the potential impact on local heritage assets, and the necessity for a robust and comprehensive screen planting scheme. 14. The proposed development is classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009; therefore, the applicant was required to undertake formal pre-application consultation with the local community. 15. The applicant has undertaken pre-application consultation as required under sections 35A (1) and B of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning Etc. (Scotland) Act 2006 and in compliance with the Part 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, (as amended) by the Town and Country Planning (Pre-Application Consultation) (Scotland) Amendment Regulations 2021) Summary of Pre- Application Public Consultation 16. ● Glenfarg Community Council (GCC) contacted and updated regularly on the project, including the applicant presenting to two GCC meetings. Page 15 of 212
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● Ward Councilors, the constituency and regional MSPs and the constituency MP were all sent introductory emails with project information and offered meetings with the applicant. ● A project website was launched on 30 May 2025 (https://www.blcenergy.com/projects/Binn/) and updated throughout the consultation process; exhibition materials and news articles were added. ● Two public exhibitions were held at Glenfarg Community Centre. These on 25 June and 8 October 2025. The events were advertised in the local media at least two weeks in advance and included: a description and location of the proposed development; where to find further information; date and location of the public event; how and when to submit comments to the applicant and a statement that comments to the applicant were not formal representations to Perth and Kinross Council. • A virtual presentation was held after both public exhibitions for those who could not attend. This was followed by question-and-answer sessions. ● An invitation flyer was delivered to 50 households, within a 2km distance of the site, also two weeks prior to both public events. ● Feedback forms were provided at both public events, and people were also invited to give their feedback by completing forms or online or by email. ● The first exhibition had seven pull up banners and six ‘kappa’ boards displayed. The second exhibition had nine banners and seven boards. A 3D model was also available at each public exhibition, showing a clear visual of the solar panels in situ. ● A poster was sent to the local shop in Glenfarg. ● The project team responded to requests for information submitted by email throughout the consultation and attended all the public and online events. Development Plan 17. 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 18. 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. 19. 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 Page 16 of 212
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• Policy 5: Soils • Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 11: Energy • Policy 12: Zero Waste • Policy 14: Design, Quality and Place • Policy 29: Rural Development Perth and Kinross Local Development Plan 2019 20. 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. 21. The principal relevant policies are: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 6: Settlement Boundaries • Policy 8: Rural Business and Diversification • Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments • Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy • Policy 35: Electricity Transmission Infrastructure • Policy 39: Landscape • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 50: Prime Agricultural Land • Policy 51: Soils • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • 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 22. • 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) Page 17 of 212
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Other Material Considerations PKC Non-Statutory Guidance 23. • 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) National Guidance 24. 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 25. The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 69 Planning and Building standards Advice on Flooding • PAN 75 Planning for Transport Creating Places 2013 26. Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. National Roads Development Guide 2014 27. 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 28. As part of the planning application process the following bodies were consulted: External 29. Historic Environment Scotland - No objection. Advise that it is not considered that there will be significant adverse impacts from the proposed development on the integrity of the setting of scheduled monuments in the vicinity. Page 18 of 212
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30. Transport Scotland - No objection. Do not advise against the granting of permission. 31. Friends of the Ochils - No objection. Raise concerns in relation to: impacts on views, such as from Balvaird Castle are screened or mitigated and that HES should be consulted; loss of agricultural land, etc.; although the proximity to Binn Ecopark is noted and reduced the level of concern. 32. Scottish Environment Protection Agency - No objection. Confirm that as proposals are being considered as compliant with NPF4 Policy 22a (i) and no land raising is proposed, the proposals fall below the threshold where SEPA provide site specific advice. As such consideration is directed towards SEPA’s Flood Risk Standing Advice. 33. Dundee Airport Ltd - No objection. Advise that the position and height of proposed development will not infringe the safeguarding criteria and operation of Dundee Airport. 34. Scottish Water - No objection. Advise that the applicant should be aware that this does not confirm that the proposed development can currently be serviced. Further guidance provided. 35. NatureScot - No objection. It has been advised that although there are natural heritage interests of international importance nearby, with the site offering foraging opportunity, it is not itself an identified asset, and NatureScot’s advice is that the natural heritage interests will not be adversely affected by the proposal. Furthermore, although the development will result in the loss of suitable foraging habitat, the extent of other suitable foraging fields will ensure there is no adverse effect on the integrity of the Loch Leven Special Protection Area (SPA) and Ramsar and Firth of Tay and Eden Estuary SPA and Ramsar. 36. Perth and Kinross Heritage Trust (PKHT) - No objection, subject to a condition that the details of a programme of archaeological work should be clarified within a Written Scheme of Investigation, to be submitted to PKHT for approval. Internal 37. Environmental Health (Contaminated Land) - No objection, subject to an informative advising of process should historic ground contamination be discovered. 38. Environmental Health (Noise Odour) - No objection, subject to conditions relating to potential noise and mitigation, glint and glare, external lighting, construction working hours and the submission of a Construction Environment Management Plan (CEMP). 39. Environmental Health (Private Water) - No objection, subject to a condition relating to details of any septic tanks, soakaways, private water sources and Page 19 of 212
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private water supply storage facilities. Two standard informatives are also recommended. 40. Transportation And Development - No objection, subject to a condition relating to visibility splays onto the A912 and two informatives relating to site access arrangements for the Fire and Rescue Service. 41. Development Contributions Officer - No contributions required. 42. Biodiversity Officer - No objection, subject to conditions relating to the supporting Biodiversity Study, a Non – Native Species Control Plan and an updated Biodiversity Enhancements Plan. 43. Development Plan Team - No objection, subject to a recommended condition relating to the details of the proposed fencing and the location of badger gates. However, advise that no palisade fencing should be used unless absolutely necessary, with a preference that weld mesh fencing be used. This has been covered by the inclusion of Condition 17 44. Planning Enforcement Officer (Trees) - No objection. Advise that the landscape scheme has addressed issues raised and the proposed landscaping is acceptable. 45. Structures And Flooding - No objection, subject to an informative relating to the Council’s supplementary flood guidance. Representations 46. One letter of representation was received, seeking assurance that the proposed screen planting will be sufficient to protect views of the site from local viewpoints. Additional Statements Screening Opinion Submitted. EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact e.g. Flood Risk Assessment Submitted Battery Safety Management Plan Submitted Landscape and Visual Assessment Submitted Transport Statement Submitted Historic Environment Desk Study Submitted Page 20 of 212
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Water Environment Appraisal Submitted Glint and Glare Assessment Report Submitted Ecological Impact Assessment Submitted Design and Access Statement Submitted Planning Statement Submitted Grid Connection details Submitted Supporting Environmental Information Report Submitted Ornithology Report Submitted Pre – application Consultation Report Submitted Appraisal 47. Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 48. The site is in proximity to an available National Grid connection point at Abernethy Substation, 5 km to the north-east. The Applicant advises that a grid connection offer has been accepted for 2030. 49. Policy considerations seeking to assess its suitability in principle are: LDP2 Policies 1A,1B: Placemaking; 8: Rural Diversification; 33A: Renewables and Low Carbon Energy; 50: Prime Agricultural Land; and 51: Soils. The relevant NPF4 policies are Policies 1: Tackling the Climate and Nature Crises; 2: Climate Mitigation and Adaptation; and 11: Energy. 50. NPF4 sets out six overarching spatial principles with “Just Transition” relating to the construction of renewable energy and their contribution to achieving net zero. NPF4 in its section on Sustainable Places emphasises the link to Scotland’s Climate Change Plan and sets the approach to achieving net zero emissions by 2045 and making significant progress by 2030. The NPF4 also links to Scotland’s Energy Strategy and highlights the importance of land and sea to be critical in delivering renewable energy developments. NPF4 provides detailed policy on Climate Change and Energy and details developer expectations of how proposed schemes will accord with the policies set out in the document. The overarching Page 21 of 212
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policy intent in NPF4 is to encourage, promote and facilitate all forms of renewable energy development onshore and offshore. 51. Policy 33A of LDP2 and Policies 1, 2 and 11 of NPF4 specifically encourage low carbon energy solutions where specific grid connection or the use of established infrastructure can occur. Therefore, on balance, and given the physical and visual relationship with Binn Ecopark, as well as the availability of a grid connection (5km away) with limited adverse impacts associated, the proposed development can be supported in principle. Furthermore, the proposals are in accordance with NPF4 Policy 11, and any negative impacts will be outweighed by the long term energy benefits. However, consideration must be given to the finite lifespan of this facility. Whilst the overall operational life will be some 40 years, limited day to day access to the site will be required, and, therefore, operational activity impacts will be low. The predicted low level of impact throughout the life of the development, will also enable the pre-existing land use to resume after the life of the development has ceased. Design and Layout 52. LDP2 Policy 1A: Placemaking, requires new development to positively contribute to the quality of the surrounding built and natural environment. It further requires development to accord with a series of place making criteria outlined in part B of the policy. On this basis, the physical nature of the proposal in terms of design, layout and physical characteristics must also be considered. 53. The Proposed Development will comprise a ground-mounted solar photovoltaic (‘PV’) array and associated infrastructure with an export capacity of up to 30 MW. The array will comprise PV modules arranged in rows with a clearance of approximately 1 m Above Ground Level (AGL) and a maximum height of 2.7 m AGL. 54. The Proposed Development also includes a BESS with an export capacity of up to 6 MW. The BESS will store excess energy generated by the solar PV array during periods of low demand or high generation and release it during periods of high demand or low generation. The BESS compound will consist of approximately 48 battery components measuring approximately 1.3 m x 1.3 m and installed in a rows of 6. There will be 8 rows x 6 rack containers, measuring a maximum of 8.3 m (l) x 3.1 m (w) x 2.6 m (h). 55. Two associated Power Conversion Systems (PCS) units will be located adjacent to the BESS containers, to allow the batteries to switch between inverter and charger modes. They measure approximately 9.2 m (l) x 5.3 m (w) x 2.3 m (h). The BESS and PCS units will be located in a compound in the north-west of the Site. 56. The infrastructure associated with the Proposed Development will include: • PV module mounting frames; Page 22 of 212
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• Battery units housed in containers; • Substations; • Inverter cabins to convert direct current (DC) electricity into usable alternating current (AC) power; • Transformers; • Underground cabling; • Internal access tracks; • Temporary construction compound; • Spares container; • CCTV cameras mounted on posts; • Perimeter fencing; • Site drainage; and • Biodiversity and landscaping enhancements. Landscape and Visual Amenity 57. NPF4 Policy 4: Natural Places states that development proposals which by virtue of type, location or scale will have an unacceptable impact on the natural environment, will not be supported. Furthermore, development proposals that are likely to have a significant effect on an existing or proposed European site (Special Area of Conservation or Special Protection Areas) and are not directly connected with or necessary to their conservation management are required to be subject to an “appropriate assessment” of the implications for the conservation objectives. 58. Perth and Kinross Council LDP2, Policy 39: Landscape states that development and land use change, including the creation of new hill tracks, should be compatible with the distinctive characteristics and features of Perth and Kinross’ landscapes. Accordingly, development proposals will be supported where they do not conflict with the aim of maintaining and enhancing the landscape qualities of Perth and Kinross, or the quality of landscape experience. 59. There are no national or international landscape designations within the site. However, the location is within the Ochil Hills Local Landscape Area (LLA). The proposal sits on top of an undulating plateau to the south of Binn Farm, the southern third of the site slopes towards the south. From lower elevations to the north, the proposed development is largely obscured by topography and existing commercial planting. 60. Operational visual effects will be limited given the site’s location, which is spatially remote from any sizeable residential settlements and busy travel routes. Notable effects would be experienced by residents at Gamekeepers Cottage, Easter Catochil, and Catochil Farm Cottage, located to the north or north- northeast; as well as Rosiebank and MacGregor House, located to the southeast and west. These effects would reduce over time in accordance with the establishment of the proposed screen planting, although screening of development in its entirety would not be possible. Page 23 of 212
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61. Based on its proximity to proposed development and views to localised parts of the solar array in the southwestern part of the site, effects on views from Balvaird Castle would be notable. However, the proposed landscaping scheme, which sees an intervening buffer of woodland and scrub planting introduced, would lessen / soften the direct adverse effect of the southern extent of the array on this cultural heritage asset. Furthermore, neither HES nor PKHT have objected to the proposals. 62. In this instance, a Landscape and Visual Impact Assessment (LVA) has been submitted, which identified the potential landscape and visual effects that would occur. A 3 km radius Study Area was been adopted, informed by analysis of Zone of Theoretical Visibility (ZTV) maps and an early appraisal of potential effects. It considers that any notable landscape or visual effects would be confined within this geographical area. The LVA concludes that there will be moderate visual impacts on local residences while the landscape impacts will be localised. 63. The proposal is on the edge of the Ochil Hills LLA and will result in some loss of natural cover and associated habitat. However, the proposed development will have limited impact on other special qualities, given the overall distance and existing screening from the local core paths and that there will be limited impact on views towards the site. Although there are limited in-combination effects with existing and other proposed developments, there is a cumulative impact on the rural landscape character, and in particular the LLA. Such as that within Binn Ecopark and set out below. However, the limited addition to adverse impacts on the special qualities is considered to be outweighed by the contribution of the proposal to the national renewable energy targets under NPF4 Policies 1, 4(d) and 11. 64. There is potential for landscape and visual effects on a number of landscape and visual receptors including residential properties, designated assets and landscape character. However, the advantages of the site location from a landscape and visual perspective are that it: • Is located away from most visual receptors, such a residential, with the closest receptors being a small number of properties to the north-east and south. • It takes advantage of the existing screening along the northern boundary in placing the BESS further away from residential receptors and in a well screened location behind the woodlands. • The additional landscaping proposals within the Landscape Enhancement and Mitigation Plan (LEMP) (Annex D of the LVA Report) would be beneficial to the landscape fabric of the local and wider area. 65. The proposed development will introduce industrial elements to a rural environment, However, the nearby Binn Ecopark is an existing large-scale waste management complex that exerts a notable characterising influence across the Page 24 of 212
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local landscape. This facility comprises of three large wind turbines, an array of existing buildings; structures; storage areas; and associated infrastructure elements / access, all of which is visible from local viewpoints and which has had an adverse impact on the local landscape character and appearance. In light of this, and given the scale of the Ecopark, it is not considered that the proposed development would be out – of- keeping with the character and appearance of the wider area, particularly to the north. 66. Furthermore, the siting and design of the proposed development has been sensitive to the local landscape context and utilises existing screening and landscape topography to minimise landscape and visual effects through project design and mitigation. Given the elevated nature of the site and its existing context, blanket boundary mitigation planting of trees was not deemed an appropriate option. 67. Considered and sensitive landscape solutions have been proposed, which will soften direct and indirect adverse impacts on identified sensitive receptors. The proposed landscaping / planting will also be of benefit to local and wider habitats by introducing biodiversity, which will, in turn, result in a reduction in more intensive grazing and land management. 68. In addition, the location of the BESS is well screened. Existing external roads and tracks allow for minimal disruption outside of the site boundary, while new internal tracks will match existing agricultural construction / formation methods. 69. In light of the above, the proposed development is considered to be in accordance with NPF4 Policies 1, 4 and 11 and LDP2 Policy 39. Residential Amenity 70. NFP4 Policy 23 (e) states that development proposals that are likely to raise unacceptable noise issues will not be supported. 71. LDP2 Policy 17: Residential Areas, highlights that areas of residential and compatible uses inside settlement boundaries will see existing residential amenity protected and, where possible, improved. In this instance, it is proposed to locate the BESS at least 500m and the solar infrastructure at least 100m away from neighbouring residential receptors. 72. The closest residential properties have seen careful consideration given to the visual effects on them, particularly those within 1km. Mitigation planting is proposed in order to protect residential visual amenity and further enhance the overall visual appearance of the proposals. Furthermore, the effects are considered to be local in nature and not resulting in unacceptable effects on residential visual amenity. 73. Overall, visual effects are restricted based on the site location, which is spatially remote from sizeable residential settlements and busy travel routes. However, a Page 25 of 212
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condition is recommended that a Construction Environmental Management Plan (CEMP), including a Noise Management Plan and Dust Management Plan is submitted for approval prior to the commencement of development. (Condition15) 74. LDP2 Policy 55: Nuisance from Artificial Lights and Light Pollution states that consent will not be granted for proposals where the lighting would result in obtrusive and/or intrusive effects. The Council can control any issues through the use of planning conditions, and in this instance it has been covered through the inclusion of Condition 14. 75. A Glint and Glare Assessment (GGA) supports the application. Overall, the GGA provides a conservative assessment of potential glare impacts, incorporating worst-case assumptions such as daily sunny conditions, and real-world impacts are expected to be lower. The assessment has concluded that the impacts on sensitive receptors would be low, and PKC Environmental Health having reviewed the GAA have no objections subject to a condition relating updating the Glint and Glare Assessment if there are any complaints once the development was in situ. (Condition 16) 76. LDP2 Policy 56: Noise Pollution presumes against development proposals which will generate high levels of noise near noise sensitive land uses and vice versa. 77. In this instance, the predominant source of operational noise will be from the BESS facility. The solar array will have inline inverters, rather than a centralised large inverter, thus producing limited noise. 78. The applicant has submitted a Noise Impact Assessment (NIA) which assesses the potential operational noise impacts on the closest noise sensitive receptors (NSRs): residential properties at Milden Road (NSR1) and Balvaird (NSR2). 79. The NIA concludes that no specific additional mitigation is required for the operational phase, as effects from noise are not significant. The NIA included an assessment of the cumulative effects from approved schemes within a 5km radius. This indicating the cumulative effect at NSRs is expected to be negligible. 80. In light of the above, conditions have been included to ensure that all plant and equipment is enclosed and does not exceed noise ratings for different times of day, a Construction Environment Management Plan (CEMP), complaints from the public to the Council regarding noise, and construction working hours (Conditions 10, 11,12, 13 and 15) 81. Furthermore, LDP2 Policy 55: Nuisance from Artificial Light and Light pollution is of relevance in the assessment of this application. In this instance, there is the potential for amenity issues in relation to lighting during the construction phase. To address this, a condition has been included that all external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land. (Condition 14) Page 26 of 212
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82. Given the above, and subject to the recommended conditions, it is considered that the proposals are in accordance with NPF4 Policy 23e) and LDP2 Policies 17, 55 and 56. Roads and Access 83. Policy 15: Public Access states that development proposals that would have an adverse impact upon the integrity of any (including proposed) core path, disused railway line, asserted right of way or other well-used route and connectivity proposals identified in the Regional Transport Strategy and Delivery Plan will not be permitted. 84. Access will be from Millden Road at its existing junction with the A912. Large vehicles will use the A912 to the south of Millden Road, via the A91 and M90. Immediate entry will be via an existing farm track on the north-west side. Internally, it is proposed that existing tracks will be used where possible. 85. LDP2 Policy 60A: Existing Infrastructure, sees existing transport infrastructure identified, and encouragement given to the retention and improvement of these facilities provided the improvements are compatible with adjoining land uses. 86. The junction visibility splays at the A912 junction are required to be improved, the guidance being 160mx160m, a splay of 160m to the south can be provided, whilst to the north a reduced 143m can be achieved, with vegetation management. This being the case, a condition has been included in relation to the set-back and design of the proposed visibility splays (Condition 7). 87. Furthermore, there are no Core Paths within or near the site. The closest are Core Paths ABNY/26 and ABNY/22 c.1.6 km to the east. There are no dedicated cycling facilities in the vicinity and the A912 does not form part of the National Cycle Network. 88. In light of the above, the proposed solar farm and BESS is considered to be in accordance with LDP2 Policies 15: Public Access and 60: Transport Standards and Accessibility. Drainage and Flooding 89. NPF4 Policy 22: Flood Risk and Water Management states that development proposals must have regard to the water environment and drainage, including floodwater management, within any proposal. 90. LDP2 Policy 52: New Development and Flooding, states that the Council supports the actions and objectives to avoid increased, reduce overall, and more generally manage flood risk in alignment with SEPA Strategies and Plans. 91. A Water Environment Environmental Appraisal has been undertaken, with a Flood Risk and Drainage Impact Assessment (FRDA) included detailing the Page 27 of 212
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Sustainable Drainage System (SuDS) proposed. This will ensure that surface water runoff is appropriately managed onsite. The design will be controlled via a recommended planning condition (Condition 8). 92. The attenuation sees a detention basin east of the compound eventually drain to the Binn Burn. Potential impacts on Private Water Supply is also mitigated by the design. 93. Furthermore, no Ground Water Dependent Terrestrial Ecosystems (GWDTE’s) are identified. Additionally, FRDA confirms only small, isolated areas of potential surface water flooding. Safe access/egress avoiding areas at risk is to be afforded by the existing tracks with no alterations required. The panels are to be raised a minimum of 1m above ground level, which has been shown to be sufficient to allow 600 mm freeboard from maximum surface water flood depths. 94. In light of the above, and subject to condition, it is considered that the proposed solar farm / BESS is considered to be in accordance with NPF4 Policy 22 and LDP2 Policy 52 Conservation Considerations 95. Polices 26A and 26B of the LDP2 and Policy 7 of NPF4 are relevant. In general, the site is not well documented in terms of potential historic environment assets, with no previous invasive archaeological work within the boundary. However, archaeological activity in the wider area identifies both designated and undesignated heritage assets, and there is considered to be potential for unknown buried remains. In their consultation response, PKHT have stated that the submitted Historic Environment Desk Based Assessment Report recognises that the location of the application site directly adjacent to Bein Law Hillfort increases the potential for archaeology within the development area. Furthermore, the proposed development would be partially visible from the scheduled monument at Balvaird Castle (SM 90027) in views to the north-east and this has also been assessed to have a potential for negative effect. 96. However, the assessment concludes that key views along the valley and towards Balvaird Castle will remain unaffected and that the proposals will result in only a minimal impact on its setting. Furthermore, embedded landscape and visual mitigation measures to lessen the visibility of the proposed development from Balvaird Castle are proposed. These include the planting of a screening area of native woodland on the south-western border of the proposed development. 97. A recent walkover survey, undertaken as part of planning condition associated with Bein Law Fort, has confirmed that the above ground archaeology has largely gone, with only a few potential fragments of rampart surviving. However, below ground remains are still likely to remain. Regarding designated sites and any potential negative visual impacts, with particular relevance to Balvaird Castle, HES agree that there is some negative impact on the castle’s setting. Page 28 of 212
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98. However, HES are broadly content that the proposed development would not have a significant impact on the integrity of the setting of the Balvaird Castle. Although it would be visible, it would not adversely impact on key views to and from the castle as it would be situated fairly low to the ground beside an existing, wooded small hill. This being the case, HES do not object. 99. In line with the recommendations in the Heritage Environment Assessment, PKHT recommend that archaeological evaluation be undertaken, to determine any surviving archaeological remains. Thus, a programme of archaeological works should be secured via condition to assess the presence / absence, character and significance of any archaeological deposits (Condition 2). 100. Therefore, subject to condition, the proposals are considered to accord with NPF4 Policy 7 And LDP2 Policies 26A and 26B. Natural Heritage and Biodiversity 101. NPF4 Policy 3: Biodiversity seeks development proposals to contribute to the enhancement of biodiversity, by restoring degraded habitats and building and strengthening nature networks and their connection. Also, by integrating nature- based solutions. Furthermore, major developments will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity, including nature networks so they are in a demonstrably better state than without intervention. This will include future management. To inform this, best practice assessment methods should be used. 102. In this instance, the submitted Landscape Plan contains native mixed hedgerows. However, the hedgerow mix has not been extended to form a more complete/comprehensive boundary treatment, which would connect the proposed native scrub and woodland areas, and where there is an absence of existing scrub and woodland areas. The use of hedgerows could be extended along the track sides at the north and at the west boundaries to improve connectivity. In light of this, a condition has been included that a revised Biodiversity Enhancement Plan is submitted for approval. (Condition 5). A further condition is recommended to ensure that the conclusions and recommendations of the Biodiversity Study are delivered. (Condition 3) 103. NPF4 Policy 4: Natural Places states that development proposals that are likely to have an adverse effect on protected species will only be supported where the proposal meets the relevant statutory tests. If there is reasonable evidence to suggest that a protected species is present on a site or may be affected by a proposed development, steps must be taken to establish its presence. The level of protection required by legislation must be factored into the planning and design of development, and potential impacts must be fully considered prior to the determination of any application. 104. In this instance, the Preliminary Ecological Appraisal Report states the design of the proposed development shall be reviewed to determine if a 30 m no- Page 29 of 212
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disturbance buffer can be maintained between the trees and the construction works area, in the interest of bat foraging habitat. 105. However, a letter dated 9 March 2026 from SLR Consulting states a 30m exclusion zone will be maintained and an Environmental Clerk Of Works (ECOW) will oversee the works to avoid the need for further survey. Furthermore, and given that two invasive non-native species were noted during the survey, a control plan is required (Condition 4). 106. LDP2 Policy 40: Forestry, Woodland, and Trees requires Tree Surveys accompany applications where the site contains trees, with a presumption of protecting woodland resources. 107. LDP2 Policy 41: Biodiversity seeks to protect and enhance all wildlife and wildlife habitats, whilst taking into account the ecosystems and natural processes in the area. 108. In this instance, there is ancient woodland within 2km. There are no trees within the site or to be felled beyond. The landscape plan has taken account of PKC feedback and includes a woodland mix, native scrub, native hedgerows, feathered tree stock, and a variety of woodland meadow mixes. Furthermore, the plan advises that low level grazing will still be achievable with the panels in place, managing the existing grass areas and augmented with a wildflower meadow mix. 109. PKC’s Tree Officer is satisfied that the landscape scheme is appropriate. 110. In light of the above, the proposed solar farm / BESS is considered to be in accordance with NPF4 Polices 3,4 and LDP2 Policies 40, 41. Low and Zero Carbon Generating Technologies 111. Given that the proposed development will include new buildings, LDP2 Policy 32 and NPF4 Policy 2 are relevant. However, given the nature of the proposals, and that the buildings will not be habitable, heated or cooled, it is considered that the solar farm and BESS are in accordance with the Development Plan. Lifespan of Facility / Decommissioning 112. The submission commits to decommissioning and restoring the site to its previous agricultural use after the operational lifespan. In the event the decision was made that the Site could be repowered, then a new consenting process would be required. 113. Prior to decommissioning, a Restoration and Decommissioning Plan (RDP) will be produced to reflect the current legislation and policy at that point in time and will be agreed with the relevant statutory authorities Page 30 of 212
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114. Condition 9 is recommended to ensure that should operations cease for more than 12 months, or after 40 years, that the site is then decommissioned and re- instated to its original use. Grid Connection 115. The proposed point of connection is the Abernethy Substation, 5 km to the east. The date of connection is currently anticipated to be 2030. The cable route will be subject to a separate consenting process, which has been accounted for in the EIA Screening Opinion. Developer Contributions 116. The Developer Contributions Guidance is not applicable to this application, and therefore, no contributions are required in this instance. Economic Impact 117. The direct economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. The proposal will support local renewable energy generation by helping balance fluctuations of intermittent energy generation. It will assist in the creation of a national grid asset of regional significance for the Perth and Kinross area. 118. No information has been provided on how the local community will benefit from this application to satisfy the requirement in NPF4 Policy 11(c) (excluding consideration of direct community benefit payments). Consideration should be given to consideration of local priorities, maximising use of local supply chains and opportunities for local training. Consideration should be given to how the development can support NPF4 Policy 25. This consideration has been addressed via recommended Condition 18. Variation of Application Under Section 32A 119. 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 landscaping and planting, biodiversity enhancements and ecological surveys. Planning Obligations and Legal Agreements 120. None required. Direction By Scottish Ministers 121. Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions Page 31 of 212
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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 122. 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 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. Archaeology and Cultural Heritage 2. 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 to, 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 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 Page 32 of 212
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Reason: In the interest of protecting archaeological interest within the site. Biodiversity 3. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document 39 relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development. Reason: In the interests of protecting environmental quality and of biodiversity 4. Prior to the commencement of the development hereby approved, an Invasive Non-Native Species Control Plan shall be submitted to, and approved in writing by, the Council as Planning Authority. The plan shall contain measures to eradicate and control invasive non-native species. Thereafter, the agreed scheme, and its requirements and recommendations, shall be implemented in full during the construction phase. Reason: In the interests of protecting environmental quality and of biodiversity 5. Prior to the commencement of the development hereby approved, an updated Biodiversity Enhancement 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. The plan shall include a commitment to submit species records found during survey to the National Biodiversity Network Gateway and reference the requirements set out in the PKC Planning for Nature Guidance. 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). Roads and Transportation 7. Prior to the commencement of the development hereby approved, full visibility splays shown in drawing 405-065788-00001-TRA-0001a along the channel line shall be provided to the left and right of the access, at a set-back of 2.4 metres measured 1.05m above the road level to the standard and specification required by the Council as Roads Authority. The visibility splays shall be physically formed on the ground and any existing fences, walls, hedges or other means of enclosure or obstructions within the splays shall be removed and relocated out with the splays. Once formed, the visibility splays shall be permanently retained thereafter, and no visual obstruction of any kind shall be permitted within the visibility splays so formed. Reason: In the interest of road safety. Page 33 of 212
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Flooding and Drainage 8. Prior to works commencing on site, full drainage calculations and the final layout and depth of the proposed SUDS ponds and associated infrastructure shall be submitted to, and agreed in writing by, the Council as Planning Authority, in consultation with Perth and Kinross Council Flooding Team. The agreed detail shall thereafter be implemented prior to the completion of development. Reason: In the interests of best practice surface water management; to avoid undue risks to public safety and flood risk. Facility Lifespan 9. In the event the hereby approved development fails to generate and store electricity on a commercial basis for a continuous period of 12 months, or after operating for more than 40 years, 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 a timescale as agreed 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. Environmental Health 10. 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. 11. Noise from the battery storage facility shall not exceed 29dB LAeq, (15 min), 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 residential amenity. 12. 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. Page 34 of 212
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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 residential amenity 13. 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. Reason: In the interest of residential amenity. 14. 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 residential amenity. 15. Prior to the commencement of the development the applicant shall submit a Construction Environmental Management Plan (CEMP) to be reviewed and agreed in writing by the Planning Authority. The CEMP shall include a Noise Management Plan which shall include the BS5228 construction noise limits stated in section 1.6.4 of the NIA SLR Project No.: 405.0065788.00001 dated 15 December and Dust Management Plan which shall include a Dust Risk Assessment (DRA) and site-specific dust mitigations derived from outcome of DRA. Reason: In the interests of protecting environmental quality and biodiversity; to ensure no adverse impact on the construction environment and residential amenity. 16. 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 interest of residential amenity. Page 35 of 212
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Fencing Details 17. Prior to development commencing on site, details of all fencing, including above ground measurements and locations of badger gates, and gaps shall be submitted to, and approved in writing by, the Council, as Planning Authority. Thereafter, the fencing shall be erected in full accordance with the approved scheme. Reason: In the interest of visual amenity, and to ensure that badgers,hedgehogs and amphibians can freely use the site. Maximising Local Net Economic Benefits 18. Prior to the commencement of the development herby approved a statement shall be submitted for the prior written approval of the Planning Authority, setting out the approach taken by the developer to address the requirements of NPF4 Policies 11(c) and 25, in relation to maximising net economic impact (employment/local business and supply chain benefits), community wealth building and socio-economic benefits as a result of the development. The statement should set out proposed strategies and how these would be implemented to achieve these benefits, with an emphasis on long-term outcomes and collaboration with stakeholders. Reason: In order to demonstrate the net economic impact of the development has been maximised in the interests of the locality. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes Not applicable to this application. Informatives 1. 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. 2. 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. 3. The applicant shall ensure the private water supply for the dwellinghouse/ development complies with the Water Scotland Act 1980 (Section 63), The Page 36 of 212
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Private Water Supplies (Scotland) Regulations 2006 and The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. Detailed information regarding the private water supply, including the nature, location and adequacy of the source, any storage tanks/ pipework and the filtration and disinfection treatment proposed to ensure provision of an adequate and consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above Act and Regulations. 4. The applicant should note the site access requirements contained in the guidance note - National Fire Chiefs Council’s guidance for Battery Energy Storage Systems. Building Standards technical handbook 2022 – Dead End Route – Fire and rescue service vehicles should not have to reverse more than 20m from the end of an access road. Where the dead-end route is more than 20m long turning facilities should be provided. 5. 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. 6. As soon as it is 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. 7. An application for a Building Warrant may be required. 8. This planning permission will last only for three years from the date of this decision notice, unless the development has been started within that period (see section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 9. 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. 10. 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. Page 37 of 212
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• Readily visible to the public. • Printed on durable material. 11. 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. 12. 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. 13. 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. 14. The applicant should be advised that in terms of Section 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority consent to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 15. 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/. 16. 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. 17. 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 Page 38 of 212
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Human Consumption (Private Supplies) (Scotland) Regulations 2017. Detailed information regarding the private water supply, including the nature, location and adequacy of the source, any storage tanks/ pipework and the filtration and disinfection treatment proposed to ensure provision of an adequate and consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above Act and Regulations. 18. The applicant should note the site access requirements contained in the guidance note - National Fire Chiefs Council’s guidance for Battery Energy Storage Systems. 19. Building Standards technical handbook 2022 – Dead End Route – Fire and rescue service vehicles should not have to reverse more than 20m from the end of an access road. Where the dead-end route is more than 20m long turning facilities should be provided. 20. A review of the proposed development site did not raise any real concerns, although historical mapping indicates that there is a disused quarry at the NW boundary of the site. Based on the mapping the quarry has been disused for many years. The developer should satisfy themselves that the site is suitable for the proposed use and 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. 21. 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. 22. Due to the nature of the proposal, it is important to keep in mind the possibility of finding bats when undertaking construction works. If bats are found during works, the work should stop immediately, and you should contact NatureScot Species Licensing Team 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. 23. Trees and scrub are likely to contain nesting birds between 1st March and 31st 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 for a development does not provide a defence against prosecution under this Act. Page 39 of 212
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Background Papers Letters of representation 1 Authors Name Designation Contact Details Alan Atkins Planning Officer (Majors) 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Kristian Smith Service Manager 26 June 2026 Page 40 of 212
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¯ Formation of a 39MW solar farm comprising ground-mounted solar PV array, battery energy storage system (BESS), a substation, inverters, transformers, welfare containers, fencing, CCTV cameras, vehicular access and associated works 25/01836/FLM Date 17/06/2026 Scale 1:25,000 Planning and Placemaking Committee - 8 July 2026 © 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. 5(1)(i) Page 41 of 212
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¯ Formation of a 38MW solar farm comprising ground-mounted solar PV array, battery energy storage system (BESS), a substation, inverters, transformers, welfare containers, fencing, CCTV cameras, vehicular access and associated works 25/01836/FLM Scale 1:15,000 Planning and Placemaking Committee - 8 July 2026 © 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. 5(1)(i) Page 43 of 212
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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. 26/204) Proposal: Installation of 49.9MW battery energy storage system (BESS), formation of SUDS, associated infrastructure and landscaping works Location: Land 200 Metres North West of Jamesfield Garden Centre, Newburgh, Cupar, KY14 6EW Ref. No: 26/00067/FLM Ward No: P9 - Almond and Earn Summary This report recommends approval of the application as the proposed BESS 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 purpose of the facility is to provide a range of stability services to the grid. BESS are required to compensate for the loss of inertia and other electrical characteristics resulting from the replacement of thermal generators by renewable energy generation. 2. The site is located to the west of an unnamed road which serves the Jamesfield garden centre, farm shop and restaurant all located to the east. The Abernethy substation is located to the south and bound by Abernethy Road beyond. 3. The northern and western boundaries of the site are bound by agricultural fields with Balgonie Cottage located further to the west. The Abernethy Road, located to the south of the adjacent substation, runs west to east connecting Abernethy village to the west and Newburgh to the east. Furthermore, a Scottish Gas Networks owned high pressure gas transmission pipeline runs west to east 450m from the application site’s northern boundary. Further south, the land rises to the Ochil Hills. 4. The site itself is within an area of low-lying farmland which is located near the confluence of the River Earn and the River Tay 1.5km to the north. Topography 5(1)(ii) Page 45 of 212
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is relatively flat, if sloping to the northwest. As open and operational arable farmland there are no significant landscape features within the site, which is classified as Grade 2 Prime Agricultural Land. Two pylons sit within the site and others beyond, with overhead lines running northwest to southeast across the north-eastern part between pylons. A second powerline route between pylons which sit outwith the site cross above the north-western corner. There are no core paths running through the site and the nearest core path runs to the north, outwith the north boundary. It connects Abernethy Primary School to Newburgh. The nearest buildings are to the east at Jamesfield Garden Centre, farm shop and restaurant. 5. The facility is advised to have capacity to power up to circa (c.)161,898 houses over a 4-hour period and that 20 direct jobs will be created during the construction period. 6. The proposal has evolved since initial engagement with the Council, addressing matters raised during the pre-application process. The proposal includes: • 132/33kV Sub-station • Hardstanding (e.g., for manoeuvring and parking of trucks); • Access Tracks. • Up to 48 containerised Battery Storage Units. • Up to 12 inverter/transformer units. • Switch Room. • Subterranean fire water tanks. • Welfare Unit (with chemical toilet). • 2.4m Perimeter security fencing. • CCTV columns. • Profiled development platform and associated cuttings and embankments • SUDs pond. • Landscape works including tree and shrub planting. • 1.5 m high timber post and wire perimeter deer proof fencing. • External artificial lighting to specific work areas. • An underground cable connection to the substation to the south (c.770m). Site History 7. 25/00014/PAN A Proposal of Application Notice (PoAN) was submitted on 17 September 2025 for the installation of a 49.9MW Battery Energy Storage System (BESS) and associated infrastructure and landscaping works. The notice was considered sufficient and the consultation proposals accepted. 8. 25/01769/SCRN A Screening Request was received and a Screening Opinion issued by the Council on 16 December 2025 in relation to the installation of a 49.9MW Battery Energy Storage System (BESS) including associated infrastructure and landscaping. Given the low level of potential impact on the environment, the proposed development was deemed not to be EIA development. Page 46 of 212
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Environmental Impact Assessment 9. As noted above an EIA Screening has been undertaken and an Opinion issued by the Council. The proposal is a Schedule 2 Development in terms of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. In the case of these regulations, planning permission cannot be granted to “EIA development” unless an environmental impact assessment has been undertaken. The Screening Opinion (Planning Ref: 25/01769/SCRN) was issued by PKC on 16 December 2025, which confirmed that the application would not require to be accompanied by an EIA. The Council is of the opinion that it does not constitute EIA development, and that sufficient information has been submitted with the application to enable a determination in consideration of all relevant environmental matters. These environmental aspects requiring further consideration, are noise, landscape and visual amenity, trees and biodiversity, roads and transportation and flood / drainage matters. Pre-Application Consultation 10. Pre application Reference: 25/00025/PREAPM. As a result, the proposed development was, generally, supported. Given its proximity to the Abernethy Substation, the choice of site was considered appropriate. However, concerns were raised regarding the potential impact on landscape character and appearance, and the necessity for a robust and comprehensive screen planting scheme. 11. The proposed development is classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009; therefore, the applicant was required to undertake formal pre-application consultation with the local community. 12. Prior to the submission of the application for planning permission, a Proposal of Application Notice (PAN) was submitted to Perth and Kinross Council relating to the intended programme of pre-application consultation. The Council have, subsequently, agreed the proposed consultation approach. 13. A public notice was published in a local newspaper, the Perthshire Advertiser, on 25.09.25, and a second notice for a second event on the 27.10.25, meeting statutory requirements. Following the first public notice, a total of 213 flyers were locally circulated to further notify the community of the consultation event. Further, a website was set up with project detail and other information related to the consultation The first consultation event was held on 9.10.25 and the second on 6.11.25 both at Williamson Hall, Kirk Wynd, Abernethy. Development Plan 14. 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 47 of 212
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National Planning Framework 4 15. 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. 16. 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 5: Soils • Policy 6: Forestry, Woodland and Trees • Policy 14: Design, Quality and Place • Policy 29: Rural Development Perth and Kinross Local Development Plan 2019 17. 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. 18. The principal relevant policies are, in summary. • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 8: Rural Business and Diversification • Policy 15: Public Access • Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy • Policy 35: Electricity Transmission Infrastructure • Policy 39: Landscape • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 47: River Tay Catchment Area • Policy 50: Prime Agricultural Land • Policy 51: Soils • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment Page 48 of 212
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• 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 19. • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) Other Material Considerations PKC Non-Statutory Guidance 20. • 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) National Guidance 21. 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 22. The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 69 Planning and Building standards Advice on Flooding • PAN 75 Planning for Transport Creating Places 2013 23. 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. Page 49 of 212
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National Roads Development Guide 2014 24. 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 26. As part of the planning application process the following bodies were consulted: External 27. SSEN - No objection, subject to conditions relating to the access track ground levels, the storage of materials and an updated Construction Traffic Management Plan (CTMP) 28. Scotland Gas Networks (SGN) - No objection, subject to a condition relating assessment of potential interference on the adjacent pipeline. 29. Transport Scotland - No objection, subject to conditions relating to a Construction Traffic Management Plan (CTMP), details of routes for any abnormal loads, accommodation measures and temporary traffic control measures 30. Perth and Kinross Heritage Trust (PKHT) - No objection, subject to a condition relating to a Written Scheme of Archaeological Investigation (WSI) 31. Historic Environment Scotland (HES) - No objection. Internal 32. Environmental Health (Noise Odour) - No objection, subject to conditions relating to plant enclosure, noise complaints to the Council, external lighting and construction hours. 33. Environmental Health (Contaminated Land) - No objection. Advise that review of the proposals raised no concerns related to historical use of the land and surrounding area. 34. Environmental Health (Private Water) - No objection, subject to a condition relating to the safeguarding the operation, or replacement, of any sceptic tanks and private water sources 35. Development Plan - No objection, subject to a condition relating to further screen planting. 36. Biodiversity - No objection, subject to conditions relating to: the retention of trees unless approved, the conclusions and recommendations of the submitted Biodiversity Study, an updated ecology survey be submitted and approved, Page 50 of 212
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measures to prevent animals from being trapped in excavations, and a site Biodiversity Action Plan. 37. Roads and Transportation Team - No objection, subject to conditions relating to: visibility splays, vehicle accesses and passing places, and the submission of a Construction Traffic Management Strategy. 38. Planning Enforcement Officer (Trees) - No objection. Advise the revised landscape scheme is acceptable. 39. Floods and Structures - No objection, subject to conditions relating to a detailed design for SuDS, and to ensure that storm water from all paved areas is disposed of via SuDS. Representations 40. One representation was received, the main issues raised are: • Adverse impact due to level of construction traffic. • Fire safety issues. • Landscape and visual impact. • Noise issues. • Loss of prime agricultural land. • No community benefits proposed. 41. These issues are addressed in the Appraisal section of the report. Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations AA not required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Submitted Appraisal 42. 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, Page 51 of 212
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this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 43. Policy considerations seeking to assess its suitability in principle are: LDP2 Policies 1A, 1B, Placemaking; 8 Rural Diversification; 33A Renewables and Low Carbon Energy; 50 Prime Agricultural Land; and 51 Soils. The relevant NPF4 policies are 1 Tackling the Climate and Nature Crises; 2 Climate Mitigation and Adaptation; and 11 Energy. 44. The proposal would provide essential energy balancing services to the National grid, actively contributing towards Scotland's CO2 reduction targets, supporting the principles of Scotland’s Energy Strategy (SES). Specifically, electricity would be drawn from the grid at times of low demand, stored and released back as required. When demand is higher, greater generation from non-renewable sources is required and energy storage facilities such as that proposed could reduce reliance on non-renewable resources, thus decreasing CO2 emissions. 45. NPF4 sets out six overarching spatial principles with “Just Transition” relating to the construction of renewable energy and their contribution to achieving net zero. NPF4 in its section on Sustainable Places section emphasises the link to Scotland’s Climate Change Plan and sets the approach to achieving net zero emissions by 2045 and making significant progress by 2030. The NPF4 also links to Scotland’s Energy Strategy and highlights the importance of land and sea to be critical in delivering renewable energy developments. NPF4 provides detailed policy on Climate Change and Energy and details developer expectations of how proposed schemes will accord with the policies set out in the document. The overarching policy intent in NPF4 is to encourage, promote and facilitate all forms of renewable energy development onshore and offshore. 46. Policy 33A of LDP2 and Policies 1, 2 and 11 of NPF4 specifically encourages low carbon energy solutions where specific grid connection or the use of established infrastructure can occur. Therefore, on balance, and given the site-specific reasoning for the location of the battery storage unit, the proposed development could be supported in principle. In this instance, the grid connection will only require a total of 253m of underground cabling. Furthermore, consideration must be given to the finite lifespan of this facility. Whilst the overall operational life will be some 30 years, minimal disturbance to the site will be required, allowing the pre-existing land use to resume afterwards. Design and Layout 47. LDP2 Policy 1A: Placemaking, requires new development to positively contribute to the quality of the surrounding built and natural environment. It further requires development to accord a series of place making criteria outlined in part B of the policy. On this basis, the physical nature of the proposal in terms of its design, layout and physical characteristics, must also be considered. Page 52 of 212
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48. In terms of design, the proposed BESS will include containers to be laid out in rows running south-west to north-east. Each row will be fronted by an access track, as well as a perimeter track. Access to the ‘compound’ will be from the northeast via the unnamed road which also serves Jamesfield. There is also an alternate access point at the southeast. An underground cable will connect the battery storage facility to its grid connection at the substation directly to the south. 49. The battery storage facility is deliberately sited adjacent to the substation. Co- locating presenting the most viable arrangement and offers a range of benefits by maximising the efficiency of the battery storage facility and making best use of the existing grid capacity. The proposals also include a switchroom (15.2m in length and 3.2m in width), a control room (12.1m in length, 4m in width and 3.2m high), containers (12.1m in length and 2.4m in width), auxiliary transformers (1.7m in height and 2.2m in width) and battery storage units (6m in length and 2.8m in width). Landscape and Visual Impact 50. NPF4 Policy 4: Natural Places states that development proposals which by virtue of type, location or scale will have an unacceptable impact on the natural environment, will not be supported. Furthermore, development proposals that are likely to have a significant effect on an existing or proposed European site (Special Area of Conservation or Special Protection Areas) and are not directly connected with or necessary to their conservation management are required to be subject to an “appropriate assessment” of the implications for the conservation objectives. In this instance, the application site is currently an agricultural field and is not located within the Green Belt or any other designated landscape areas. 51. Perth and Kinross Council LDP2, Policy 39: Landscape states that development and land use change should be compatible with the distinctive characteristics and features of Perth and Kinross’s landscapes. Accordingly, development proposals will be supported where they do not conflict with the aim of maintaining and enhancing the landscape qualities of Perth and Kinross. 52. In this instance, a Landscape and Visual Impact Assessment (LVIA) has been submitted, which states that due to the low-lying form, modest scale of the proposed development and close visual relationship with Abernethy Substation, any changes to the landscape character and views would be contained and highly localised. Furthermore, visibility would be notably restricted by existing vegetation and built features, and where views are available the proposed development would appear as an incremental addition to an already modified setting. 53. These impacts will be further reduced through a planting strategy which would provide high levels of additional screening to a proposed development which has already limited visual impacts. It is proposed to plant both coniferous and deciduous woodland to strengthen the character and pattern of woodland in the Page 53 of 212
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area, adding to the existing characteristic of the baseline landscape. Post mitigation the magnitude of impact reduces to low given this reduced visibility and integration into the existing landscape pattern, resulting in a moderate/minor level of effect. The proposed BESS will result in an extension to the north and west of the overall extent of BESS development in and around Abernethy. However, according to the LVIA, the magnitude of change to the Local Landscape Areas are moderate to minor. Again, this impact is likely to reduce further once the proposed landscape mitigation is established. Thus, it is considered that the proposed landscaping scheme mitigates the visual impact of the proposed development whilst maintaining views over the Tay estuary. 54. In light of the above, and subject to the maturation of the approved landscape and planting scheme, the proposed BESS is considered to be in accordance with NPF4 Policy 4 and LDP2 Policy 39 Prime Agricultural Land and Soils 55. In this instance, the relevant policies are LDP2 Policy 50: Prime Agricultural Land, Policy 51: Soils, and NPF4 Policy 5: Soils. 56. NPF4 Policy 5 provides for renewable energy development where decommissioning can be secured. It further states that: a) Development proposals will only be supported if they are designed and constructed: i. In accordance with the mitigation hierarchy by first avoiding and then minimising the amount of disturbance to soils on undeveloped land; and ii. In a manner that protects soil from damage including from compaction and erosion, and that minimises soil sealing. b) Development proposals on prime agricultural land, or land of lesser quality that is culturally or locally important for primary use, as identified by the LDP, will only be supported where it is for: i. Essential infrastructure and there is a specific locational need and no other suitable site; ii. Small-scale development directly linked to a rural business, farm or croft or for essential workers for the rural business to be able to live onsite; iii. The generation of energy from renewable sources or the extraction of minerals and there is secure provision for restoration; and In all of the above exceptions, the layout and design of the proposal minimises the amount of protected land that is required. 57. A detailed soil survey was carried out in November 2025, and a Land Capability for Agriculture (LCA) report was submitted in support of this planning application. Given that BESS is defined as renewable energy generation and so, whilst the site may be Prime Agricultural Land (PAL), development can be considered acceptable where a Decommissioning Plan is provided secured, which can be Page 54 of 212
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secured by condition. (Condition 18). This will ensure that proposed mitigation measures in terms of prime agricultural land and soils are implemented in full. 58. LDP2 Policy 50: Prime Agricultural Land states that outside the identified settlements, development on prime agricultural land will not be permitted, unless it is necessary to meet a specific established need, such as a major infrastructure proposal and only when there is no other suitable site available on non-prime land. Small scale development directly linked to rural business, including housing, may also be acceptable on prime agricultural land, providing it is compatible with all other aspects of the policy framework of the Plan and there are no other suitable non-prime land sites available, and it does not adversely affect the viability of the agricultural unit. 59. LDP2 Policy 51: Soils states that the Council seeks to protect soils from damage such as erosion or compaction. Developments located on areas of good quality agricultural soils will only be supported where they: (a) minimise impact on soil resources; (b) Implement appropriate soil management measures, particularly for valuable soils such as good-quality agricultural soils*, and soils with a high organic content; (c) adopt best practice when moving, storing and reinstating soils (d) consider opportunities to re-use soils necessarily excavated from the site. 60. In this instance, the site is on prime agricultural land (class 2). NPF4 Policy 5 provides for essential infrastructure on prime agricultural land provided that the layout and design of the proposal minimises the amount of land that is required. Overall, the proposed BESS will result in a loss of 5 hectares of medium-term loss of Class 2 land. Furthermore, it is anticipated that the proposed BESS has the potential to supply 161,898 homes over 4 hours and given that the proposed BESS is located in an area that has had several industrial elements introduced to the landscape over the last 20 years. This being the case and given that the proposed development has included appropriate soil management measures, the predicted loss in Class 2 land is not considered to be significant. Therefore, the proposed BESS is in accordance with LDP2 Policy 50: Prime Agricultural Land and Policy 51: Soils. Residential Amenity 61. NFP4 Policy 23 (e) states that development proposals that are likely to raise unacceptable noise issues will not be supported. 62. LDP2 Policy 17: Residential Areas, highlights that areas of residential and compatible uses inside settlement boundaries will see existing residential amenity protected and, where possible, improved. 63. This application includes 48 containerised battery storage units, 12 inverters/transformer units, a switch room, subterranean fire water tank, welfare unit, CCTV, and external lighting. The containers will be set in rows. An existing Page 55 of 212
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substation is immediately to the south and there are several other consented renewable infrastructure projects and BESS’s in the locality. 64. The closest residential property is approximately 350 metres to the southwest. In light of this distance the submitted Noise Impact Assessment considers there will be no adverse impact on residential amenity. 65. LDP2 Policy 55: Nuisance from Artificial Lights and Light Pollution states that consent will not be granted for proposals where the lighting would result in obtrusive and/or intrusive effects. The Council may secure the regulation of lighting installations and their maintenance through the use of conditions attached to the granting of planning permission. In order to ensure that no loss of residential amenity results from any of the proposed external lighting, condition has been included (Condition 10). 66. LDP2 Policy 56: Noise Pollution states that there will be a presumption against the siting of development proposals which will generate high levels of noise in the locality of existing or proposed noise sensitive land uses and similarly against the locating of noise sensitive uses near to sources of noise generation. 67. The submitted Noise Impact Assessment (NIA) has assessed the noise impact of this proposed BESS and cumulative effects of the five consented developments and a proposed development. Predicted noise levels at Noise Sensitive Receptors (NSRs) are concluded to meet the adopted daytime and night-time criteria at the closest (worst-affected) NSR by a comfortable margin in all octave bands. The NIA advises that there will be no detrimental impact on noise sensitive receptors from the operation of the proposed BESS, including cumulatively with other known developments. 68. Overall, there are no adverse noise issues. However, in order to further protect residential amenity, conditions are recommended in relation to plant or equipment enclosure, noise complaints to the Council, construction working hours. (Conditions 8, 9, and 11). Subject to compliance with conditions, the proposed BESS is considered to be in accordance with NPF4 Policy 23, and LDP2 Policies 17, 55, and 56 Roads and Access 69. LDP2 Policy 15: Public Access states that development proposals that would have an adverse impact upon the integrity of any (including proposed) core path, disused railway line, asserted right of way or other well-used route and connectivity proposals identified in the Regional Transport Strategy and Delivery Plan will not be permitted. The policy seeks to preserve the amenity of existing public footpaths. Core Path ABNY/1 is located nearly 500m to the north of the site. An assessment of the potential for visual effects on popular routes in the area has been undertaken. For the Core Path 40/1, the LVIA confirms that visibility would only be possible from around half of the path, and this view would generally be oblique, especially while travelling north, with only a short section of the path would generate direct views when travelling south. When viewing the Page 56 of 212
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development from the north the existing substation would be seen in the background. The magnitude of change is considered to be low, resulting in a moderate level of effect. 70. Furthermore, As a mitigation measure, the proposed landscape planting scheme includes vegetation along northwest corner, extending north-east to provide year- round screening. In addition, an outer band of deciduous trees will provide a more natural and softer edge enhancing the visual character of the area. In light of this, it is considered that the proposed development is in accordance with LDP2 Policy 15. 71. LDP2 Policy 60A: Existing Infrastructure, sees existing transport infrastructure identified, and encouragement given to the retention and improvement of these facilities provided the improvements are compatible with adjoining land uses. 72. All development proposals that involve significant travel generation should be well-served by, and easily accessible to all modes of transport. In this instance, it is not considered that the proposed development will involve significant travel generation, and there are a number of traffic management measures that are proposed to reduce the impact during the construction period. The Construction Traffic Management Plan (CTMP) demonstrates that the delivery and construction/installation period of the proposed BESS is anticipated to take place over a nine-month period. Access to the site will be taken via an upgraded field access on the U75 which forms a cul-de-sac to the north and connects with Abernethy Road to the south via a simple priority T-junction. A condition has been included to ensure that the CTMP is adhered to in full throughout the development (Condition 17) 73. The road forms a two-way single carriageway that varies in width between approximately 4.1m and 4.5m and is subject to a 40mph speed limit. The expected vehicle trip generation for the proposed BESS development is expected to be low and there are a number of traffic management measures that are proposed to reduce the impact during the construction period. 74. Generally, the BESS will operate on an unmanned basis. However, it is understood that the proposed development will generate approximately between 10 and 15 visits per month (20- 30 two-way vehicle movements) to support site operations and general maintenance activities at the facility. These trips will be typically made by cars or LGVs (e.g. vans). Whilst the temporary construction compound will be removed following construction completion, space will be retained on-site for LGVs to turn around, ensuring that vehicles can enter and exit in a forward gear. In the interest of road safety and site access, a further two conditions have been included. (Conditions 15 and 16). In light of the above, and subject to conditions, it is considered that the proposed development is in accordance with LDP2 Policies 15 and 60A. Page 57 of 212
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Drainage and Flooding 75. NPF4 Policy 22: Flood Risk and Water Management states that development proposals at risk of flooding or in a flood risk area will only be supported if they are for: i. essential infrastructure where the location is required for operational reasons. 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 sites in built up areas where the LDP has identified a need to bring these into positive use and where proposals demonstrate that long-term safety and resilience can be secured in accordance with relevant SEPA advice 76. The protection offered by an existing formal flood protection scheme, or one under construction, can be taken into account when determining flood risk. 77. LDP2 Policy 52: New Development and Flooding, states that the Council supports the actions and objectives to avoid increased, reduce overall, and more generally manage flood risk in alignment with SEPA Strategies and Plans. NPF4 Policy 22 states that development proposals must have regard to the water environment, and drainage, including floodwater management, within any proposal. 78. The proposed development is not within an area at risk of flooding and so is out with flood risk areas that required development to be exceptional or otherwise compliant with the criteria set out by NPF4 Policy 22. In this instance, a Flood Risk Assessment (FRA) has been submitted as part of the application. The FRA has demonstrated that the application site’s flood risk is Low/No Risk from all sources. Furthermore, the Drainage Strategy is well designed and compliant with PKC and national guidance, and the SuDS basin and controls are appropriately sized. Furthermore, PKCs Flood Team consider that maintenance and construction-phase measures have been satisfactorily addressed 79. LDP2 Policy 53C: Surface Water Drainage, requires Sustainable Urban Drainage Systems (SUDS) measures including relevant temporary measures at the construction Phase. 80. In this instance, the proposed surface water management strategy with sustainable drainage principles allow the site to remain free of flooding during design storm events, whilst ensuring no increase of flood risk to offsite receptors and ensures no deterioration of the water environment. However, a condition has been included that prior to any development commences on-site, a detailed SuDS shall be submitted for approval (Condition 12). Furthermore, an additional condition has been included to ensure that surface water from all areas of hardstanding /paving can be disposed of by means of a suitable SuDS (Condition 13). LDP2 Policy 53E. states that all new development must be served either by Page 58 of 212
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a satisfactory mains or private water supply complying with the Water (Scotland) Act 1980 and associated Private Water Regulations, without prejudicing existing users. It will be the responsibility of the developer to demonstrate that any new supply is suitable and is safe to be consumed as drinking water in line with the above act and regulations. In terms of the potential impact on any septic tanks and soakaways, private water sources, etc Condition 14 has been included to ensure that detailed measures to safeguard and allow the continued operation of any private water sources, are submitted for approval. 81. In terms of a private water supply, the applicant has indicated that they do not require a connection to a private water supply. In light of thre above, the proposed BESS is considered to be in accordance with NPF4 Policy 22 and LDP2 Policies 52,53C and 53 E Conservation Considerations 82. LDP2 Polices 26A, 26B and Policy 7 of NPF4 are considered applicable. The location is considered a rich archaeological landscape with evidence of activity spanning across multiple periods with particularly strong evidence of Roman activity. PKHT are in agreement that there is medium potential for unknown Buried remains on site. 83. Furthermore, PKHT also agree with the impacts outlined, in particular the negative impacts on Carpow Roman Fortress. There is also an accumulative impact of development that could be considered from a landscape/ setting perspective. PKHT have strongly recommended that appropriately sited and designed environmental screening is undertaken, in order to mitigate the visual impacts on the known historic environment assets. As evidenced and outlined in the supporting Desk Based Assessment, it is recommended that a programme of archaeological works assesses the presence/ absence, character, and significance of archaeological deposits on the site. This has been covered by the inclusion of Condition 19. In light if the above, and subject to condition, the proposed BESS is considered to be in accordance with NPF4 Policy 7 and LDP2 Policies 26A and 26B. Natural Heritage and Biodiversity 84. NPF4 Policy 3 Biodiversity states that proposals for local development will include appropriate measures to conserve, restore and enhance biodiversity, in accordance with national and local guidance. Measures should be proportionate to the nature and scale of development 85. NPF4 Policy 4: Natural Places states that development proposals that are likely to have an adverse effect on species protected by legislation will only be supported where the proposal meets the relevant statutory tests. If there is reasonable evidence to suggest that a protected species is present on a site or may be affected by a proposed development, steps must be taken to establish its presence. The level of protection required by legislation must be factored into the Page 59 of 212
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planning and design of development, and potential impacts must be fully considered prior to the determination of any application. 86. NPF4 Policy 6: Forestry, Woodland and Trees states that development proposals will not be supported where they will result in adverse impacts on native woodlands, hedgerows and individual trees of high biodiversity value, or identified for protection in the Forestry and Woodland Strategy. 87. The submitted Preliminary Ecological Appraisal Report (PEAR) is considered to be of good quality and undertaken at the correct time of year. Furthermore, the PEAR lists comprehensive enhancement measures in accordance with NPF4 and the PKC Planning for Nature Supplementary Guidance. Proposed enhancement includes planting of c.130m of species rich hedgerows, species rich wetland planting within the SuDS design, a wildflower mix and further woodland planting. Furthermore, conditions are recommended requiring an updated Ecology Study, and measures to prevent animals being trapped are outlined in full prior to development commencing (Conditions 5 and 6) 88. LDP2 Policy 40: Forestry, Woodland, and Trees states that Tree Surveys, undertaken by a suitably qualified professional, should accompany applications where sites contain trees and that there is a presumption in favour of protecting woodland resources. 89. In this instance, it is acknowledged that all existing trees, hedgerows and woodlands will be retained. With mature trees at the southeast and west boundary, and several smaller trees along the south boundary, shown on the planting plan. However, a condition has been included to ensure that retained trees are fully protected (Condition 3). Furthermore, and in order to provide better screening, additional hedgerow planting is provided along the north-eastern edge. In addition, along the western edge, the proposed shelter belts have been extended with additional tree planting. Following the advice of PKC’s Tree Officer, light standards have also been introduced along the southern edge. Overall, light standard planting forms a total of 15% of the proposed planting. 90. LDP2 Policy 41: Biodiversity states that the Council will seek to protect and enhance all wildlife and wildlife habitats, whether formally designated/protected or not. All whilst taking into account the ecosystems and natural processes in the area. In accordance with NPF4, development proposals for major development will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity, including nature networks so they are in a demonstrably better state than without intervention. This will include future management. 91. In this instance, conditions have been included that the action points and recommendations of the submitted Biodiversity Study shall be adhered to and implemented in full, and that a Site Biodiversity Action Plan is submitted for approval, prior to development commencing. Page 60 of 212
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92. In light of the above, and subject to conditions, the proposed BESS is considered to be in accordance with NPF4 Policies 3, 4, 6 and LDP2 Policies 40 and 41. Low and Zero Carbon Generating Technologies 93. 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. Given that the proposed development will include new buildings, LDP2 Policy 32 and NPF4 Policy 2 are relevant. However, given the nature of the proposals, and that the buildings will not be habitable, heated or cooled, it is considered that the proposed BESS is in accordance with the Development Plan. Grid Connection 94. The proposed point of connection is the Abernethy Substation, which is located adjacent to the application site. The connection will take the form of an underground cable, with an approximate length of approximately 253m. Lifespan of Facility / Decommissioning 95. The Applicant is committed to decommissioning and restoring the Site to its previous agricultural use at the end of the projects predicted 40-year lifespan. In the event the decision was made that the Site could be repowered, then a new consenting process would be required. 96. Prior to decommissioning, a Restoration and Decommissioning Plan (RDP) will be produced to reflect the current legislation and policy at that point in time and will be agreed with the relevant statutory authorities. 97. The lifespan of the facility is not specifically stated. However, based on the expected lifespan of similar facilities approved within Perth and Kinross and the expected battery life, a lifespan of approximately 40 years is anticipated. As such, Condition 18 has been included to ensure that should the energy storage facility not be in use for a continuous period of 12 months, or at the conclusion of this term, that the site is then decommissioned and re-instated to its original use. Developer Contributions 98. The Developer Contributions Guidance is not applicable to this application, and therefore, no contributions are required in this instance. Page 61 of 212
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Economic Impact 99. The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. However, the proposal will support local renewable energy generation by helping balance fluctuations of intermittent energy generation. It will assist in the creation of a national grid asset of regional significance for the Perth and Kinross area. 100. No information has been provided on how the local community will benefit from this application to satisfy the requirement in NPF4 Policy 11(c) (excluding consideration of direct community benefit payments). Consideration should be given to consideration of local priorities, maximising use of local supply chains and opportunities for local training. Consideration should be given to how the development can support NPF4 Policy 25. Variation of Application Under Section 32A 101. 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 landscaping and planting, and ecological surveys Planning Obligations And Legal Agreements 102. None required. Direction By Scottish Ministers 103. 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 104. 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: Page 62 of 212
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Conditions and Reasons for Recommendation 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. No works shall commence on site until the applicant has undertaken an assessment and modelling as required to determine the interference levels on the Scotland Gas Networks’ adjacent pipeline from steady state and fault conditions of the electrical infrastructure associated with the proposed development, taking into consideration the nearby SGN pipeline and associated equipment. This includes: • Any steady state AC or DC Interference • Fault Condition Interference in accordance with the limits in BS EN50122- 1:2022 • If required, the applicant shall also design appropriate mitigation to ensure that levels of AC and DC interference are within acceptable limits (as described by SGN/PM/ECP/2, BS EN ISO 18086:2020 and BS EN 50162:2004). The results of this modelling (and mitigation, if required) will be submitted for the prior written approval of Scotland Gas Networks and the Planning Authority before any work commences on site. Reason: In the interest of worker safety and to safeguard the integrity of the adjacent SGN pipeline Biodiversity and Trees 3. All trees on site, other than those marked for felling on the approved plans, shall be retained. Reason: In the interests of protecting environmental quality and of biodiversity 4. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document 25 relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development. Reason: In the interests of protecting environmental quality and of biodiversity 5. 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 Page 63 of 212
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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). 6. 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 150mm outside diameter being blanked off at the end of each working day. 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). 7. Prior to the commencement of the development hereby approved, a Site Biodiversity Action Plan including the location, quantity, specification and maintenance requirements for the recommended biodiversity enhancement measures within the supporting biodiversity survey submitted and hereby approved (document 25 relates) shall be submitted for the further written agreement of the Council as Planning Authority. It shall include: a) Species rich hedgerow and woodland planting. b) Species rich wetland planting within the SUDs design and between the pond and BESS site. c) Enhancement of suitable habitat for badgers by planting trees and hedgerows along site boundaries and leaving undeveloped areas within the site boundary as rough grassland d) A section on artificial lighting of site boundaries (both during construction and operation) including positioning of cowls, or timers to prevent spill on to woodland edges, hedgerows and watercourses. e) At least five Schwegler 1F bat boxes and one barn owl box f) Commitment to submit all species records from ecological survey reports to NBN Gateway. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the 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). Page 64 of 212
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Environmental Health 8. 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 residential amenity. 9. 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 residential amenity 10. 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 residential amenity 11. 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. Reason: In the interest of residential amenity. Flood and Drainage 12. Development shall not commence on site until a detailed sustainable urban drainage system (SUDS) has been submitted for the written agreement of the Council as Planning Authority, in consultation with SEPA where necessary. 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 and shall incorporate source control. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason: In the interests of best practice surface water management; to avoid undue risks to public safety and flood risk. Page 65 of 212
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13. Storm water drainage from all paved surfaces, including the access, shall be disposed of by means of suitable a Sustainable Urban Drainage System to meet the requirements of best management practices. Reason: In the interests of best practice surface water management; to avoid undue risks to public safety and flood risk. Private Water Supply 14. Prior to the commencement of the development hereby approved, details of the location and measures proposed for the safeguarding and continued operation, or replacement, of any septic tanks and soakaways, private water sources, private water supply storage facilities and/or private water supply pipes serving properties in the vicinity, sited within and running through the application site, shall be submitted to and approved in writing by the Council as Planning Authority. The subsequently agreed protective or replacement measures shall be put in place prior to the development being brought into use and shall thereafter be so maintained insofar as it relates to the development hereby approved. Reason: In the interest of residential amenity and water quality. Roads and Transportation 15. Prior to the commencement of the development hereby approved, full visibility splays, as detailed in the Transport Statement, shall be provided along the channel line to the left and right of the access, at a set-back of 2.4 metres measured 1.05m above the road level to the standard and specification required by the Council as Roads Authority. The visibility splays shall be physically formed on the ground and any existing fences, walls, hedges or other means of enclosure or obstructions within the splays shall be removed and relocated out with the splays. Once formed, the visibility splays shall be permanently retained thereafter, and no visual obstruction of any kind shall be permitted within the visibility splays so formed. Reason: In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 16. Prior to commencement of any development on site, a detailed design for the passing place and vehicle accesses on the U75 shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The passing place and vehicle access, as approved in writing, shall be constructed prior to any construction works taking place on site, in accordance with the approved details. Reason: In the interests of road safety and free flow traffic. 17. The Construction Traffic Management Strategy provided as part of the application, and hereby approved, shall be adhered to at all times throughout the development Page 66 of 212
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Reason: In the interests of road safety Facility Lifespan 18. In the event the hereby approved development fails to store electricity on a commercial basis for a continuous period of 12 months, or after operating for more than 40 years, 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 a timescale as agreed 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. Archaeology and Cultural Heritage 19. 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 to 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 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: In the interest of protecting archaeological interest within the site. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes Not applicable to this application Page 67 of 212
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Informatives 1. 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. 2. 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. 3. 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. Detailed information regarding the private water supply, including the nature, location and adequacy of the source, any storage tanks/ pipework and the filtration and disinfection treatment proposed to ensure provision of an adequate and consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above Act and Regulations. 4. The applicant should note the site access requirements contained in the guidance note - National Fire Chiefs Council’s guidance for Battery Energy Storage Systems. Building Standards technical handbook 2022 – Dead End Route – Fire and rescue service vehicles should not have to reverse more than 20m from the end of an access road. Where the dead-end route is more than 20m long turning facilities should be provided. 5. 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. 6. As soon as it is 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. 7. An application for a Building Warrant may be required. 8. This planning permission will last only for three years from the date of this decision notice, unless the development has been started within that period (see section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 9. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to Page 68 of 212
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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 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. Page 69 of 212
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15. 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). 16. It is noted that a geo-environmental report submitted as part of the application recommends chemical analysis of soils as a precautionary check. Should any contamination be identified the Land Quality team should be contacted on 01738 475000 or contaminatedland@pkc.gov.uk for further advice. 17. The applicant should note the site access requirements contained in the guidance note - National Fire Chiefs Council’s guidance for Battery Energy Storage Systems. Background Papers Letters of representation 0 Authors Name Designation Contact Details Alan Atkins Planning Officer (Major) 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Kristian Smith Service Manager (Development Management and Building Standards) 25 June 2026 Page 70 of 212
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¯ Installation of 49.9MW battery energy storage system (BESS), formation of SUDS, associated infrastructure and landscaping works 26/00067/FLM Scale 1:10,000 Planning and Placemaking Committee - 8 July 2026 © 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. 5(1)(ii) Page 71 of 212
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¯ Installation of 49.9MW battery energy storage system (BESS), formation of SUDS, associated infrastructure and landscaping works 26/00067/FLM Scale 1:5,000 Planning and Placemaking Committee - 8 July 2026 © 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. 5(1)(ii) Page 73 of 212
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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. 26/205) Proposal: S42 application to vary conditions 1, 3, 4, 5, 6, 7, 8, 12, 15, 19, 22, 23, 24, 26, 32, 33, 34, 35, 36, 38, 39, 40, 41, 42, 43, 45, 46, 49, 50 and 53 of planning permission in principle 20/00667/IPM Location: Perth West (MU70) Old Gallows Road, Perth Ref. No: 26/00228/42M Ward No: P9 - Almond and Earn Summary This report recommends approval of the application as the proposed revised wording of the above conditions of 20/00667/IPM, and development of the various elements of that application, which would result, is considered to comply with the relevant provisions of the Development Plan. Furthermore, there are no material considerations apparent which outweigh the Development Plan. Background and Description of Proposal 1 The application site extends to approximately 257 hectares (ha), of which 161ha forms part of the 262.3ha Perth and Kinross Local Development Plan 2019 (LDP2) allocation, referenced as MU70 and generally referred to as ‘Perth West’. The application site therefore includes 95ha of land outwith the MU70 allocation. Of the land outwith the site, this comprises: 84 hectares of woodland at ‘West Lamberkin Wood’, located in the western part of the site; and a further 11 hectares of woodland at ‘Lamberkin Wood’, on the south side of the A9. A smaller parcel of circa 1.1ha is situated on the east side of the A9, at Broxden Business Park and is to accommodate a point of access. 2 The overall MU70 allocation is identified within LDP2 for: 2,210-3,453 homes; 25+ hectares of employment land; two local employment and community focussed centres; land for a medical centre; land for two ‘double stream’ primaries; and land for cemetery provision, within either the MU70 allocation or Lamberkin Woodland. 5(1)(iii) Page 75 of 212
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3 As the name would suggest, the application site is located immediately to the west of Perth, beyond the A9(T). It is generally characterised by open arable agricultural land, related landscaped shelterbelts, with active farm groupings at East Mid-Lamberkin and West Mid-Lamberkin. There are seven other residential properties within the site: Mid Lamberkin Cottages (two), Cotton Cottages (three) and Windyedge Cottages (two). 4 Other site surroundings are: further farmland and forestry to the south, west and north. To the north-east and west of the A9, there is a collection of buildings around ‘Glendevon Farm’, adjacent to Old Gallows Road and known as ‘Noah’s Ark’. That complex mainly comprises of business uses and leisure facilities. All these properties are accessed from Perth by a single-lane road bridge over the A9. 5 A key component of the proposals is the development of a ‘Perth Eco-Innovation Park’ (PEIP), comprising circa 26 ha in the southern and eastern part of the site. This PEIP proposes a grouping of businesses within the energy, logistics and mobility sectors co-located with academic institutions, to form a ‘knowledge hub’. The PEIP also seeks to take advantage of the locational attributes of Perth: as an axis with the north-east, north-west, and central belt of Scotland, whilst capitalising on future investment in energy, mobility, and data sectors. 6 Within the PEIP, a ‘Perth Innovation Highway’ (PIH) is included and proposes to develop and implement a new strategy of how people and goods move in and out of Perth; and inform the land uses which would enable future mobility patterns to be decarbonised, connected and accessible. The PIH will be the first stage of creating a city/region link between the PEIP site and Perth city centre. PIH benefits from funding from the UK Government, via the Tay Cites Deal. The PIH is identified as a corridor of land, to contain physical and digital infrastructure that will connect and enable delivery of land uses, including: a freight consolidation centre; and ‘last mile’ logistics centre and integrate these with existing and future neighbourhoods. It proposes to facilitate route prioritisation for public transport, support active travel, and enable new models of urban logistics, which would be integrated with digital infrastructure (e.g. smart lighting, responsive traffic lights). Site History 18/01184/SCOP - EIA Scoping Request for Mixed Use Development. Content of EIA Report agreed September 2018. 20/00001/PAN - Proposal of Application Notice for Mixed Use Development, Contents of PoAN accepted February 2020 20/00667/IPM - Mixed use development comprising residential, business (class 4), general industry (class 5), storage and distribution (class 6), shops (class 1), financial, professional and other services (class 2), food and drink (class 3), hotels (class 7), non-residential institutions (class 10), bus depot, car parking, Perth Innovation Highway, hydrogen fuelling/charging centre, formation of road Page 76 of 212
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junction, underpass and road network, road alterations, footways, cycleways, greenspace, landscaping, and associated works (in principle). Granted 1.06.21 Environmental Impact Assessment 7 The proposal is of a type listed within Schedule 2 of the EIA Regulations and overall agreement between PKC and the applicant was reached, without the need for screening, that the proposals comprised EIA development. As such the proposal was the subject of an EIA scoping (18/01184/SCOP) to determine what subject areas required to be assessed and included in an EIA Report. An EIA Report was consequently submitted with this application. Pre-Application Consultation 8 The proposed development is classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. However, given that this application is to vary the wording of certain conditions associated with 20/00667/IPM, the applicant was not required to undertake any formal pre-application consultation with the local community. Development Plan 9 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 10 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. 11 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 5: Soils • Policy 14: Design, Quality and Place • Policy 15: Local Living and 20 Minute Neighbourhoods • Policy 16: Quality Homes • Policy 17: Rural Homes • Policy 22: Flood Risk and Water Management • Policy 23: Health and Safety Page 77 of 212
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• Policy 26: Business and Industry Perth and Kinross Local Development Plan 2019 12 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. 13 The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 1C: Placemaking • Policy 1D: Placemaking • Policy 2: Design Statements • Policy 4: Perth City Transport and Active Travel • Policy 5: Infrastructure Contributions • Policy 7B: Employment and Mixed Used Areas: Mixed Use Sites • Policy 13: Retail and Commercial Leisure Proposals • Policy 14A: Open Space Retention and Provision: Existing Areas • Policy 14B: Open Space Retention and Provision: Open Space within New Developments • Policy 15: Public Access • Policy 16: Social, Cultural and Communities Facilities • Policy 20: Affordable Housing • Policy 23: Delivery of Development Sites • Policy 25: Housing Mix • Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 27A: Listed Buildings • Policy 30: Protection, Promotion and Interpretation of Historic Battlefields • Policy 31: Other Historic Environment Assets • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy • Policy 34A: Sustainable Heating & Cooling: Heat Networks, Major Development and LDP Site Allocations • Policy 34B: Sustainable Heating & Cooling: Co-Location of Heat and Cooling Users / Producers • Policy 38B: Environment and Conservation: National Designations • Policy 38C: Environment and Conservation: Local Designations • Policy 39: Landscape • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy Page 78 of 212
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• Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 43: Green Belt • Policy 47: River Tay Catchment Area • Policy 50: Prime Agricultural Land • Policy 51: Soils • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 53E: Water Environment and Drainage: Water Supply • Policy 54: Health and Safety Consultation Zones • 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 59: Digital Infrastructure • Policy 60A: Transport Standards and Accessibility Requirements: Existing Infrastructure • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • (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) Other Material Considerations PKC Non-Statutory Guidance • 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 Page 79 of 212
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National Guidance 14 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 15 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 75 Planning for Transport Creating Places 2013 16 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. National Roads Development Guide 2014 17 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 18 As part of the planning application process the following bodies were consulted: External 19 Transport Scotland - No objection, subject to a revision in the wording of Conditions 4 and 5, to include Transport Scotland’s involvement 20 Perth and Kinross Heritage Trust (PKHT) - No objection. However, given the sensitivities around developing on a designated battlefield and the requirement/ intent to develop in a manner that is appropriate to the place and the character of this site, it is the opinion of PKHT that a Design and Access Statement should still be required, as per the wording of the existing condition. Furthermore, PKHT would need to see some reference to them in Condition 38, in order to ensure that it is fit for purpose. Internal 21 Development Plan Team - No objection. The proposed variations are largely considered justified and necessary. Page 80 of 212
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22 Biodiversity - No objection. The proposed revision to the relevant biodiversity and trees conditions are considered reasonable. 23 Planning Enforcement Officer (Trees) - No objection. 24 Transportation and Development - There is no objection to this application, subject to the original conditions being applied. However, it is recommended that the proposed wording of the following conditions is revised: 1,3,5,6,7,8,12,15,22,23,24,45. 25 Structures and Flooding - No objection. The proposal seeks to amend the wording and timing of conditions associated with Planning Permission in Principle 20/00667/IPM to reflect revised phasing. No changes are proposed to the layout of the site or to the established principles for drainage and flood risk management. However, the requirement for submission and approval of an updated Flood Risk Assessment and detailed Drainage Strategy, including SUDS design, remains secured through existing planning conditions and will be addressed at the relevant stages. 26 Environmental Health (Contaminated Land) - No objection. There are no adverse comments in relation to the s42 application to vary condition 34 contaminated land of planning permission in principle 20/00667/IPM. 27 Environmental Health (Noise Odour) - No objection. There are no adverse comments in relation to the s42 application to vary condition 32 Air Quality and Condition 33 Noise of planning permission in principle 20/00667/IPM. 28 Developer Contributions Officer - No objection, subject to a Members Update to be drafted, which outlines the variation to the Section 75 Agreement that is still pending. Representations 29 No representations were received. Additional Statements Screening Opinion EIA required Environmental Impact Assessment (EIA): Environmental Report EIA required Appropriate Assessment under Habitats Regulations AA not required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Submitted Page 81 of 212
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Appraisal 30 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 31 PKC Local Development Plan 2, MU70, is allocated for mixed used development including up to 3,453 homes; 25+ hectares employment land; 2 local employment and community centres; medical centre, 2 double-stream primaries and cemetery provision (within the allocation or within Lamberkin Woodland). In terms of the LDP2 MU70 allocation, approximately 50% is incorporated into the application site. MU70 is intended to support the growth and expansion of Perth. 32 The principle of the overall development, approved by the parent application, has been previously established, ultimately through the approval of the extant planning permission (20/00667/IPM). This is a significant material consideration and therefore, the principle of the development is well-established and does not need reviewed through this S42 application. However, the changes sought to the conditions must still align with the provisions of the aforementioned Development Plan. 33 The changes sought to the conditions have been requested to ensure that information is submitted at the appropriate time of the development. Many of the conditions in their current wording would require an extensive amount of information to be submitted as part of the first approval of matters application. This would make the first approval of matters application have significant requirements. This is no longer considered to be appropriate as the first approval of matters application is likely to be an infrastructure only application. It is not considered proportionate that all of the information currently required is submitted for an application such as this. Consequently, it is sought to amend a number of conditions to ensure that the information sought is only required at the required phase of the development. This will ensure that smaller scale infrastructure only applications, or similar, are not met with significant requirements. It is important to note that it is not sought to delete any of the requirements attached to the parent permission through this section 42 application. Instead, it is only sough to amend the timing of the requirements to be proportionate to the phase of the development. All relevant consultees have been contacted, none of which have any objection to the proposed re-wording of the conditions. 34 The technical variation of conditions 1, 3, 4, 5, 6, 7, 8, 12, 15, 19, 22, 23, 24, 26, 32, 33, 34, 35, 36, 38, 39, 40, 41, 42, 43, 45, 46, 49, 50 and 53 of permission Page 82 of 212
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26/00228/42M, is therefore not considered contrary to the general terms of the Development Plan. The content of the conditions will still be required to be adhered to, although will now be timed more appropriately to accord with the overall phasing of the development. Developer Contributions 35 Not applicable to this application. Economic Impact 36 Not applicable to this application Variation of Application Under Section 32A 37 This application was not varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. Planning Obligations and Legal Agreements 38 None required. Direction By Scottish Ministers 39 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. Other Matters 40 As part of this application, it is appropriate to consider and review other material considerations and associated conditions in the extant planning permission. There were 57 planning conditions associated with planning application 20/00667/IPM, and it Is good practice, where seeking to approve a S42 application, to review and update conditions to meet current regulations and requirements. Similarly, any conditions that still require to be addressed or adhered to, should remain. The original suite of conditions has therefore been reviewed and updated reflective of the ongoing nature of the development. Conclusion and Reasons for Recommendation 41 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 Page 83 of 212
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the Development Plan. Accordingly, the proposal is recommended for approval subject to the following conditions. Recommendation Subject to the following conditions: Conditions and Reasons for Recommendation NB. The changes to the conditions from the previous permission are identified by red. 1. The Permission hereby approved shall be limited to: • residential development of a maximum of 1,500 dwellings; • commercial development of 26 hectares comprising: business (class 4); general industry (class 5); storage and distribution (class 6); shops (class 1); financial; professional and other services (class 2); food and drink (class 3); hotels (class 7); and non-residential institutions (class 10); and • Infrastructure development comprising: bus depot; car parking; Perth Innovation Highway; hydrogen fuelling/charging centre; formation of road junction; underpass and road network; road alterations; footways; cycleways; greenspace; landscaping; and associated works. No works in connection within any individual phase of the development hereby approved shall take place until full details of the siting, design, external appearance and landscaping of the development and the means of access serving the development of that phase (hereinafter referred to as the 'matters specified by condition') have been submitted to and approved in writing by the Planning Authority. The specified matters, where relevant to that phase, shall include: i. a detailed updated phasing and delivery plan (incorporating commercial, residential, transport infrastructure, drainage infrastructure and open space) which shall specify that commercial uses are delivered in the first zones within Phase 1a and Phase 1b and for the delivery of Phases 1-3 to accord with the Transport Assessment (Ref: 20/00667/15); ii. a detailed levels survey (existing and proposed) and cross sections showing proposed finished ground and floor levels of all buildings forming part of each development phase, relative to existing ground levels and a fixed datum point. iii. the siting, design, height, and external materials of all buildings or structures iv. the details of all access, car parking, public transport facilities, footpaths/cycleways, the road layout, design, and specification (including the disposal of surface water) and related structures throughout the relevant phase of the development. Page 84 of 212
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v. details of any screen walls/fencing including any retaining walls to be provided. vi. for each building, specifying measures to maximise environmental sustainability through design, orientation and planting or any other means. These measures shall include a scheme that demonstrates how current carbon emissions reduction set by the Scottish Buildings Standards will 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; vii. details of any landscaping, structure planting, boundary treatments and screening associated within the relevant phase of the development; viii. full details of the proposed means of disposal of foul and surface water from the development; ix. noise impact assessment x. lighting details; xi. bin storage, collection location, recycling facilities provision and access; xii. biodiversity action plan xiii. a green travel plan including provision of electric vehicle (EV) charging points; xiv. archaeological working scheme of investigation; xv. updated Transport Assessment; Each phase of the development shall thereafter be carried out in full accordance with the details approved for that phase and any approved Phasing and Delivery Plan, unless otherwise agreed in writing by the Planning Authority. Reason: This is a Planning Permission in Principle under Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended). 2. The submitted Masterplan (Ref: 20/00667/15) and Development Parameters Plan and Schedule of Uses and Floorspace (Ref: 20/00667/5) are purely indicative only and are not approved. Reason: The application is for planning permission in principle only at this stage. 3. As part of any application for the Approval of Matters Specified by Condition (AMSC) under Condition 1(iv), all matters shall be in accordance with the standards required by the Council as Roads Authority (as detailed in the National Roads Development Guide). Reason: In the interests of road safety. 4. The development of the application site, shall be reviewed by 2035 or when there have been 1,001 housing units or 20 hectares of employment land developed, whichever comes first, to reassess the impact on the road network and the amount of modal shift. The applicant shall refer to LDP2 Main Issue Report or page 52/189 of the Perth West: Transport Assessment Ref: GB01T20A18.2PROJ.10964013 (SYSTRA, 22/05/20) for details of the "Pause and Review". No further development shall take place until the review has been Page 85 of 212
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undertaken, submitted, and agreed in writing by the Council as Planning Authority. Reason: In the interests of road safety. 5. As part of the first Approval of Matters Specified by Condition (AMSC) application, if relevant to that phase, details of the proposed multi-storey car park shall be submitted for the approval of the Council as Planning Authority. For the avoidance of doubt the multi-storey car park must occur before the implementation of any parking restrictions on Lamberkine Drive or Tweed Place and continue to be available for the vehicles displaced as result of the restrictions. The number of parking spaces to be made available for displaced vehicles shall be agreed with the Council as Planning Authority before the first AMSC application. Reason: In the interests of road safety. 6 As part of any Approval of Matters Specified by Condition (AMSC) application, all external lighting and streetlighting details relevant to that phase, submitted under Conditions 1 (iv) and/or (x) shall be designed to 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 minimising light pollution, protecting amenity and road safety. 7. As part of the first Approval of Matters Specified by Condition (AMSC) application, if relevant to that phase of the development, a detailed design for the signalisation identified for the A93/Lamberkine Drive shall be provided and including the upgrade of the zebra crossing on Lamberkine Drive to a controlled crossing, to reduce the impact of queueing from the development. A detailed design shall be undertaken, along with a date for their implementation by the developer and shall be agreed in writing by the Council as Planning Authority. Thereafter the development shall be fully undertaken in accordance with the approved scheme. Reason: In the interests of road safety. 8. As part of the first Approval of Matters Specified by Condition (AMSC) application if relevant to that phase of the development, a scheme for mitigation measures for the core path CTYS/112; Cycleway, Lamberkine Drive & Cedar Drive to Fairhill View & Glasgow Road at Woodlands, where it crosses Lamberkine Drive, shall be submitted to and approved in writing by the Council as Planning Authority. This scheme shall include a detailed design that facilitates the safe crossing of pedestrians and cyclists and must also specify a date for its implementation by the developer. The scheme as approved shall be implemented prior to the occupation of the 100th dwellinghouse. Reason: In the interests of road safety. Page 86 of 212
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9. As part of any application for the Approval of Matters Specified by Condition (AMSC), the phasing of the project as part of any approval under Condition 1(i) of this permission, will be such that the upgraded A9(T) Tibbermore grade- separated junction shall be operational by the completion of the 1,001st housing unit on the site. Reason: In the interests of road safety. 10. No development shall commence until appropriate mitigation measures have been agreed to address the impact of the development at the Broxden Roundabout on the A9 trunk road. The nature of the mitigation shall either be physical improvements to this junction in the form of traffic signals and widening of approaches, or a financial contribution in lieu of the said physical works. The details of the physical works or the level of financial contribution required shall be agreed in writing with the Planning Authority, in consultation with Transport Scotland. Reason: To mitigate the adverse impact of the development on the safe and efficient operation of the trunk road network. 11. Prior to the commencement of any works on site, a scheme for the delivery of the proposed Broxden Underpass shall be submitted to and approved in writing by the Planning Authority, in conjunction with Transport Scotland. Thereafter, the approved details shall be implemented in accordance with the approved timescales. Reason: To mitigate the impact of the development on the safe and efficient operation of the trunk road. 12. Prior to the occupation of any unit on site, a scheme for the delivery of a signal controlled A93 / Lamberkine Drive junction shall be submitted to and approved in writing by the Planning Authority in conjunction with Transport Scotland. Thereafter, the approved details shall be implemented in accordance with the approved timescales. Reason: To mitigate the impact of the development on the safe and efficient operation of the trunk road. 13. Prior to the commencement of any works on Phase 3 of the development, a scheme for the delivery of the proposed Tibbermore grade-separated junction shall be submitted to and approved in writing by the Planning Authority in conjunction with Transport Scotland. Thereafter, the approved details shall be implemented in accordance with the approved timescales. Reason: To mitigate the impact of the development on the safe and efficient operation of the trunk road. 14. Prior to the commencement of any works on Phase 3 of the development, a scheme for the delivery of the proposed Tibbermore Link Road shall be Page 87 of 212
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submitted to and approved in writing by the Planning Authority in conjunction with Transport Scotland. Thereafter, the approved details shall be implemented in accordance with the approved timescales. Reason: To mitigate the impact of the development on the safe and efficient operation of the trunk road. 15. Prior to the commencement of any works on site, a scheme for the delivery of the proposed temporary emergency access shall be submitted to and approved in writing by the Planning Authority in consultation with Transport Scotland. Thereafter, the approved details shall be implemented in accordance with the approved timescales. The temporary access shall be closed once the A9 Tibbermore grade-separated junction becomes operational. Reason: To mitigate the impact of the development on the safe and efficient operation of the trunk road. 16. Prior to the commencement of any works on site, a Construction Traffic Management Plan (CTMP) for each phase of the development, covering the construction of that phase, shall be submitted for prior approval of the Planning Authority, after consultation with Transport Scotland as the Trunk Road Authority. Reason: To minimise interference with the safety and free flow of the traffic on the trunk road; to ensure the safety of pedestrians and cyclists using the trunk road and adjacent facilities; and to be consistent with current guidance and best practice. 17. 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 (CTMS) which shall include the following: a) b) c) d) e) f) g) h) i) j) k) l) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; 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; a code of conduct for HGV drivers to allow for queuing traffic to pass; arrangements for liaison with the Roads Authority regarding winter maintenance; emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; 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; arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; 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; details of information signs to inform other road users of construction traffic; arrangements to ensure that access for emergency service vehicles are not impeded; co-ordination with other significant developments known to use roads affected by construction traffic; traffic arrangements in the Page 88 of 212
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immediate vicinity of temporary construction compounds; m) the provision and installation of traffic counters at the applicant's expense locations to be agreed prior to the commencement of construction; n) monitoring, reporting and implementation arrangements; o) p) arrangements for dealing with non- compliance; and details of HGV movements to and from the site. The CTMS as approved shall be strictly adhered to during the entire site construction programme. Reason: In the interests of road safety. 18. All vehicles transporting construction material to and from the proposed development shall be sheeted. Reason: To ensure that material from the site is not deposited on the trunk road to the detriment of road safety. 19. Prior to the commencement of any works on each phase of the development, vehicle wheel cleaning facilities shall be installed and brought into operation on the site, the design and siting of which shall be subject to the prior approval of the Planning Authority, after consultation with Transport Scotland as the Trunk Road Authority. Reason: To ensure that material from the site is not deposited on the trunk road to the detriment of road safety. 20. Prior to the occupation of any part of the phased development, a comprehensive Residential Travel Plan that sets out proposals for reducing dependency on the private car shall be submitted to and approved in writing by the Planning Authority, after consultation with Transport Scotland as the Trunk Road Authority. The Travel Plan shall identify measures to be implemented, the system of management, monitoring, review, reporting and the duration of the plan. Reason: To be consistent with the requirements of PAN 75 Planning for Transport. 21. Prior to the occupation of any part of the phased development, a comprehensive Commercial Travel Plan that sets out proposals for reducing dependency on the private car shall be submitted to and approved in writing by the Planning Authority, after consultation with Transport Scotland as the Trunk Roads Authority. The Travel Plan shall identify measures to be implemented, the system of management, monitoring, review, reporting and the duration of the plan. Reason: To be consistent with the requirements of PAN 75 Planning for Transport. 22. Development shall not commence until a detailed phased Green Travel Plan (GTP), aimed at encouraging more sustainable means of travel, as required under Condition 1 (xiii), has been submitted to and agreed in writing by the Council as Planning Authority. A strategy shall be included in the GTP for Page 89 of 212
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monitoring, reporting, and updating the plan as necessary. The GTP will have particular regard to provision for: a) b) c) d) e) walking and cycling; public transport access to and within the site; provision of electric vehicle (EV) charging points within all residential, commercial and community use development parcels; identify measures to be provided (including the provision of new and/or enhanced public transport services); any phasing, the system of management, monitoring, review, reporting and the duration of the Plan. The GTP as agreed shall be fully implemented by the applicant. Reason: In the interests of sustainable transport. 23. Prior to the commencement of any phased development, with the exception of any infrastructure only phases, a Development Phasing Strategy shall be submitted to and agreed in writing with the Planning Authority, after consultation with Transport Scotland as the Trunk Road Authority, that establishes what level of development mitigation interventions will be required. Reason: To minimise any interference with the safety and free flow of traffic on the trunk road network. 24. Prior to the commencement of any phased development, if relevant to that phase of the development, a Public Transport Strategy shall be submitted to and agreed in writing with the Planning Authority, after consultation with Transport Scotland as the Trunk Road Authority, that considers the various public transport improvements cited in the Transport Assessment. Reason: To ensure that the development is adequately served by public transport services; and to minimise any interference with the safety and free flow of traffic on the trunk road network. 25. A barrier of a type approved by the Planning Authority, after consultation with Transport Scotland as the Trunk Road Authority, shall be provided and maintained by the developer or subsequent owner of the land along the boundary of the site with the trunk road. Reason: To minimise interference with the safety and free flow of the traffic on the trunk road; and to minimise the risk of pedestrians and animals gaining uncontrolled access to the trunk road with the consequential risk of accidents. 26. Prior to the commencement of any works on site, details of the lighting relating to that phase of works shall be submitted for the approval of the Planning Authority, after consultation with Transport Scotland as the Trunk Road Authority. Reason: To ensure that there will be no distraction or dazzle to drivers on the trunk road and that the safety of the traffic on the trunk road will not be diminished. 27. There shall be no drainage connections to the trunk road drainage system. Reason: To ensure that the efficiency of the existing drainage network is not affected. Page 90 of 212
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28. The proposed development shall be limited to the scale assessed within the Transport Assessment (Ref: 20/00667/15). Reason: To ensure that the scale of development does not exceed that assessed by the supporting Transport Assessment and to ensure that the scale of development is commensurate with the infrastructure required to support the development. 29. 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 outwith these times or at any time on Sundays or bank holidays (as identified by the Scottish Government). Reason: To ensure a satisfactory standard of local environmental quality. 30. As part of any Approval of Matters Specified by Condition (AMSC) application, 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 in consultation with NatureScot, Scottish Environment Protection Agency (SEPA) and Environmental Health. 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. The CEMP shall include noise & vibration and dust assessments; to assess the impacts from construction operations. The CEMP shall also include procedures, limit values and mitigation measures to control noise and vibration and a detailed quantitative dust assessment shall be undertaken. Thereafter the development shall be fully undertaken in accordance with the agreed CEMP. Reason: In the interest of proper site management and to protect the amenity of the area. 31. Prior to the commencement of the development hereby approved, an independent and suitably qualified Ecological Clerk of Works (ECoW) shall be appointed at the developers' expense. Details of this appointment shall be subject to the prior written agreement of the Council as Planning Authority. The appointed person will remain in post for the duration and subsequent restoration of the proposed development. The ECoW shall have responsibility for the following: • Implementation of the Construction Environmental Management Plan (CEMP) approved by this permission. Implementation of the Aftercare Monitoring Plan (AMP) required by this permission. • Authority to stop operations or to alter construction methods should there be any works occurring which are having an adverse impact on the natural heritage. Page 91 of 212
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• Prior to the commencement of development, they shall provide an environmental / ecological toolbox talk for construction staff. • They will have authority to amend working practices in the interests of natural heritage. Any amendments shall be submitted to the Council as Planning Authority as an addendum to the approved CEMP. • They shall make weekly visits to the development site at a time of their choosing. No notification of this visit is required to be given to the developer or contractor. • Within 10 working days of the end of each calendar month, they are required to submit a detailed monthly report for the review of the Planning Authority in consultation with Scottish Environment Protection Agency (SEPA) for the duration of development. • They shall notify the Council as Planning Authority in writing of any requirement to halt development in relation to this condition as soon as reasonably practicable. The above shall be implemented throughout the construction, re-instatement and de commissioning of the development hereby approved unless otherwise agreed in writing with the Council as Planning Authority. The CEMP shall contain a site-specific Construction Method Statement (CMS) which will provide concise details for the implementation of the CEMP for site operatives. Reason: In the interest of proper site management and to protect the amenity of the area. 32. As part of any Approval of Matters Specified by Condition (AMSC) application, a detailed Air Quality Assessment (AQA) must be prepared by a suitable qualified party and shall be submitted for the approval of the Council as Planning Authority. Thereafter the plan will be implemented in full accordance with the agreed scheme. Reason: To ensure a satisfactory standard of local environmental quality. 33 As part of any Approval of Matters Specified by Condition (AMSC) application, a detailed Noise Impact Assessment (NIA) must be prepared by a suitable qualified party and shall be submitted for the approval of the Council as Planning Authority. Thereafter the plan will be implemented in full accordance with the agreed scheme. Reason: To ensure a satisfactory standard of local environmental quality. 34 As part of any Approval of Matters Specified by Condition (AMSC) application, an evaluation for the potential of the site, relevant to that phase of the development, to be affected by contamination by a previous use has been undertaken and, as a minimum, a Preliminary Risk Assessment (Phase 1 Page 8 of 16 Desk Study) has been submitted for consideration and accepted by the Council as Planning Authority. If the preliminary risk assessment identifies the need for further assessment, an intrusive investigation shall be undertaken to identify: Page 92 of 212
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• the nature, extent, and type(s) of contamination on the site measures to treat/remove contamination to ensure the site is fit for the use proposed • measures to deal with contamination during construction works • condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason: In order to deal with any potential contamination of the site as a result of its former use. 35. As part of any Approval of Matters Specified by Condition (AMSC) application sought under Condition 1 a detailed phased report setting out protection of key heritage assets and their settings shall be submitted to and approved by the Planning Authority in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter the agreed actions will be implemented in full accordance with the agreed scheme. Reason: The protection of key heritage assets. 36. No development shall take place within the development site until the developer has secured the implementation of a programme of archaeological works in accordance with a Written Scheme of Investigation which has been submitted by the applicant, relating to that phase of works, agreed by Perth and Kinross Heritage Trust, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken in line with the agreed measures. Reason: To safeguard archaeology in the area. 37. As part of any Approval of Matters Specified by Condition (AMSC) application, a scheme detailing the provision and timing of protective fencing shall be submitted to the Council for approval as Planning Authority, in consultation with Perth and Kinross Heritage Trust. Once approved, the fencing shall be erected around the historic battlefield area in a manner as approved and retained in accordance with the approved scheme. No works shall take place within the area inside that fencing without prior written agreement of the Council as Planning Authority in consultation with Perth and Kinross Heritage Trust. Reason: To ensure the preservation of the historic environment. 38. As part of any Approval of Matters Specified by Condition (AMSC) application sought under Condition 1 an Updated Battlefield Conservation Plan (BCP), if relevant to that phase of the development, shall be submitted for the approval of Page 93 of 212
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the Council as Planning Authority. Thereafter the agreed scheme will be implemented in full accordance with the agreed details. Reason: To ensure the preservation and enhancement of the historic environment. 39. As part of any application for the Approval of Matters Specified by Condition (AMSC) sought under Condition 1, a detailed landscaping and planting scheme for each phase shall be submitted for the approval of the Council as 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 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. Reason: To ensure a satisfactory standard of local environmental quality. 40. Prior to the occupation of the development or any phase of the development, whichever is the sooner, a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas (other than small privately-owned domestic gardens) shall be submitted to and agreed in writing by the Council as Planning Authority, for its approved use. The landscape management plan as agreed shall, where appropriate, include phased implementation concurrent with the development and shall be fully implemented in accordance with the agreed scheme. Reason: To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 41. As part of any Approval of Matters Specified by Condition (AMSC) application, a 1:200 site plan, which identifies the Construction Exclusion Zone (CEZ), relevant to that phase of the development, shall be submitted for the written agreement of the Council as Planning Authority. This plan shall ensure all fencing adheres to BS 5837 2012: Trees in Relation to Design, Demolition and Construction are provided to demarcate the CEZ and protect trees. The CEZ as subsequently agreed shall be strictly adhered to during construction of the development. Reason: To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 42. As part of any Approval of Matters Specified by Condition (AMSC) application, a Tree Protection Plan for all trees on site (other than those marked for felling), relevant to that phase of the development, and those which have Root Protection Areas which fall within the site shall be submitted for the written agreement of the Page 94 of 212
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Council as Planning Authority shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. The Tree Protection Plan as subsequently agreed shall be strictly adhered to during construction of the development. Reason: To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 43. As part of any Approval of Matters Specified by Condition (AMSC) application, details of the proposed boundary treatments relevant to that phase of the development, shall be submitted for the written agreement of the Council as Planning Authority. The scheme as subsequently agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason: To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 44. The asserted right of way/core paths METH/121, METH/13, METH/131 and CTYS/112 must not be obstructed during building works or on completion of the development. Any damage done to the route and/or the associated signage during building works must be made good before the development is completed or brought into use, whichever is the earlier. Reason: To ensure continued public access to the public paths and in the interests of public safety within the site. 45. As part of any Approval of Matters Specified by Condition (AMSC) application, a phased management plan indicating any temporary diversions and signage needed to facilitate the development and/or any works proposed to the right of way/core path as part of the development shall be submitted for the agreement of the Council as Planning Authority. The plan as agreed shall be implemented in accordance with the timings identified in the plan. Reason: To ensure that public access is maintained at all reasonable times, to the local path network. 46. As part of any Approval of Matters Specified by Condition (AMSC) application, a phased Biodiversity Action Plan shall be submitted to and approved in writing by the Council as Planning Authority. Any action or mitigation incorporated within the approved Biodiversity Action Plan shall be implemented in accordance with the approved plan. Reason: To ensure a satisfactory standard of local environmental quality; to safeguard the welfare of any protected wildlife. 47. As part of any Approval of Matters Specified by Condition (AMSC) application, an updated Ecological Assessment including breeding birds, protected species and deer shall be submitted to and approved in writing by the Council as Planning Page 95 of 212
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Authority. The conclusions and recommended action points shall be fully adhered to, respected, and undertaken as part of the construction phase of development. Reason: To ensure a satisfactory standard of local environmental quality; to safeguard the welfare of any protected wildlife. 48. 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: To ensure a satisfactory standard of local environmental quality; to safeguard the welfare of any protected wildlife. 49. As part of any Approval of Matters Specified by Condition (AMSC) application, details of the location and specification of the swift brick(s) or swift nest box(s) shall be submitted for the written agreement of the Council as Planning Authority, if relevant to that phase of the development. Thereafter, the swift brick(s) or swift nest box(s) shall be installed in accordance with the agreed details prior to the occupation of the relevant residential unit. Reason: In the interests of protecting environmental quality and of biodiversity. 50. As part of any Approval of Matters Specified by Condition (AMSC) application, details of the location and specification of the bat brick(s) or bat nest box(s) shall be submitted and approved in writing by the Council as Planning Authority, if relevant to that phase of the development. Thereafter, the bat brick(s) or bat nest box(s) shall be installed in accordance with the agreed details prior to the occupation of the relevant residential unit. Reason: In the interests of protecting environmental quality and of biodiversity. 51. As part of any Approval of Matters Specified by Condition (AMSC) application, an Updated Flood Risk Assessment, shall be submitted for approval of the Council as Planning Authority, in consultation with SEPA where necessary. Thereafter the development shall be fully undertaken in accordance with the agreed Flood Risk Assessment. Reason: To reduce flood risk. 52. As part of any Approval of Matters Specified by Condition (AMSC) application, an updated Drainage Strategy including detailed sustainable urban drainage system (SUDS) shall been submitted for approval of the Council as Planning Authority, in consultation with SEPA where necessary. The strategy and 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 Page 96 of 212
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Developer Guidance and shall incorporate source control. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason: To ensure the provision of provide effective drainage for the site. 53. Concurrent with the initiation of the phased development hereby approved and for the duration of construction, a temporary surface water treatment facility shall be implemented on site and maintained for the duration of the approved development works. The temporary surface water treatment facility shall remain in place until the permanent surface water drainage scheme is implemented unless otherwise agreed in writing by the Council as Planning Authority. Reason: To ensure the appropriate management of construction surface water run-off to minimise flooding and avoid discharge of sediment/pollution to the local water environment or neighbouring property, in the interests of residential and environmental amenity. 54. As part of any Approval of Matters Specified by Condition (AMSC) application, following consultation with SEPA and NatureScot a detailed Blue/Green Infrastructure Scheme, shall be submitted for approval of the Council as Planning Authority. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason: To ensure the provision of provide effective drainage for the site in line with Councils policies on good placemaking. 55. As part of any application for the Approval of Matters Specified by Condition (AMSC), an updated, detailed Energy Statement supporting a zero-carbon development shall be submitted for the written agreement of the Council as Planning Authority. The statement must include timescales for the provision of zero carbon developments within the site. The agreed energy measures and zero-carbon initiatives shall thereafter be implemented in accordance with the agreed details and timescales. Reason: To reduce reliance on fossil fuels and to deliver a zero-carbon development at Perth West. 56. Prior to the commencement of works on site, detailed drawings showing waste and recycling facility enclosures or waste and recycling facility storage areas and associated locations for bin presentation shall be submitted for the written agreement of the Council as Planning Authority. None of the commercial or residential units shall be occupied until the agreed scheme has been provided in full. Reason: In order to ensure adequate servicing facilities are provided. 57 Perth & Kinross direct that Section 59 of the Town and Country Planning (Scotland) Act 1997 applies as respects the Planning Permission in Principle (20/00667/IPM) with the substitution of the period of 5 years referred to Section59(2A) (a), with Page 97 of 212
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the period of 10 years. Reason: This is an application in principle for which, in view of the scale of the proposed development, this extended period is appropriate. 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 Permission shall not to be issued until the Section 75 Agreement has been signed and registered to take account of this application. The legal agreement should be concluded and completed within 4 months of the date of any Committee approval. Failure to conclude a legal agreement within 4 months will result in the planning application being re-assessed through failing to comply with the associated developer contributions policy and may be ultimately recommended for refusal under delegated powers Informatives 1. 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. Please send the required information to us at developmentmanagement@pkc.gov.uk. Please be aware that the Council has two months to consider the information (or four months in the case of a Major planning permission). You should therefore submit the required information more than two months (or four months) before your permission expires. We cannot guarantee that submissions made within two months (or four months) of the expiry date of your permission will be able to be dealt with before your permission lapses. 2. 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. 3. Trees and scrub are likely to contain nesting birds between 1st March and 31st 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 for a development does not provide a defence against prosecution under this Act. 4. The applicant should be advised that in terms of Section 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority consent to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. Page 98 of 212
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5. The applicant should be advised that in terms of Section 56 of the Roads (Scotland) Act 1984 he must obtain from the Council as Roads Authority consent to open an existing road or footway prior to the commencement of works. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 6. The applicant is advised to refer to Perth & Kinross Council's Supplementary guidance on Flood Risk and Flood Risk Assessments 2014 as it contains advice relevant to your development. 7. For information, foul flows only will be allowed to discharge to the public system. The Developer should arrange to dispose of surface water privately, to the satisfaction of the statutory Drainage Authority. 8. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 9. The applicant is advised that the granting of planning permission does not guarantee a connection to Scottish Water's assets. The applicant must make a separate application to Scottish Water Planning & Development Services team for consent to connect to the public wastewater system and/or water network and all their requirements must be fully adhered to. 10. The granting of planning permission does not stop the continued right of public access along the existing core paths METH/121, METH/13, METH/131 and CTYS/112. An order under the Town and Country Planning (Scotland) Act 1997, Section 208 or an amendment of the Core Path Plan under the Land Reform (Scotland) Act 2003 should be sought in advance of any works authorised by this planning permission being commenced. All relevant approvals should be in place prior to any stopping up and diversion of the core path taking place. 11. There is a Section 75 legal obligation associated with this planning permission, which relates to affordable housing provision (25%); primary education (provision of a new primary school); and transport infrastructure including public transport, open space, play areas, sports pitch provision, health care provision, maintenance and core path connections, and establishment of Project Design Team for any detailed applications. A copy is available to view on the Council's Public Access portal. Background Papers Letters of representation 0 Authors Name Designation Contact Details Alan Atkins Planning Officer (Major) 01738 475300 developmentmanagement@pkc.gov.uk Page 99 of 212
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Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 25 June 2026 Page 100 of 212
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¯ S42 application to vary conditions 1, 3, 4, 5, 6, 7, 8, 12, 15, 19, 22, 23, 24, 26, 32, 33, 34, 35, 36, 38, 39, 40, 41, 42, 43, 45, 46, 49, 50 and 53 of planning permission in principle 20/00667/IPM 26/00228/42M Scale 1:25,000 Planning and Placemaking Committee - 8 July 2026 © 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. 5(1)(iii) Page 101 of 212
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¯ S42 application to vary conditions 1, 3, 4, 5, 6, 7, 8, 12, 15, 19, 22, 23, 24, 26, 32, 33, 34, 35, 36, 38, 39, 40, 41, 42, 43, 45, 46, 49, 50 and 53 of planning permission in principle 20/00667/IPM 26/00228/42M Scale 1:15,000 Planning and Placemaking Committee - 8 July 2026 © 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. 5(1)(iii) Page 103 of 212
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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. 26/206) Proposal: Mineral extraction and processing including alterations to vehicular access, erection of ancillary buildings, landscaping, reinstatement and associated works (Phase 3) (in part retrospect) Location: Land south west of Arns Farm, Auchterarder Ref. No: 19/01927/MWM Ward No: P7 - Strathallan Summary This report recommends approval of the application for the cessation of mineral extraction and accelerated restoration of Craigrossie Quarry, as the revised proposals are considered to deliver a positive environmental outcome and an appropriate long- term restoration of the site. The proposals represent a material change from the previously approved scheme by bringing forward the cessation of quarrying activities and securing restoration within a significantly shorter timeframe. While the Development Plan, in particular Policy 49B of LDP2 and associated Supplementary Guidance, would normally require the provision of a financial restoration bond secured through a legal agreement, this has not been achievable despite prolonged efforts over a period exceeding six years. In these specific and exceptional circumstances, it is considered that strict adherence to this requirement would continue to delay or prevent restoration rather than secure it. Accordingly, the recommendation represents a departure from the usual policy requirement for a financial bond, however this is justified on a pragmatic basis given the scale and viability of the operation and the need to secure a deliverable restoration outcome. It is therefore considered that, on balance, the proposed approach of securing restoration through planning conditions, including a defined programme for cessation of quarry operations, represents the most effective and proportionate solution. The application is therefore recommended for approval, subject to conditions. Background and Description of Proposal 1 Craigrossie Quarry has been the subject of a long‑standing discussions between the Council and applicant regarding the issuing of a decision associated to this 5(1)(iv) Page 105 of 212
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application, this relating to the securing of a financial bond should the proposed restoration after quarrying not take place. This bond requirement in line with the relevant policies and guidance and as per the decision taken at the Planning and Placemaking Committee in March 2020, where Members resolved to approve the proposal subject to conditions and the conclusion of a Section 75 Legal Agreement, including provision of a financial restoration bond. However, since then, for a number of reasons it has not been possible to conclude that agreement or secure such a bond, and the application has therefore remained formally undetermined. 2 This report relates to updated restoration proposals, which represent a material change to that previously reported. The previous proposal presented to Committee in 2020 sought to regularise ongoing extraction and facilitate further quarry expansion, including sandstone extraction and a long-term phased restoration extending to 2033. Now, the revised strategy involves the cessation of all mineral extraction activities and the implementation of an accelerated restoration programme. 3 The submitted information confirms that restoration phases are to be brought forward, with the site now proposed to be fully restored by circa (c.)2027. The updated phasing schedule shows that areas previously identified for continued extraction are now to be restored without further working, while existing infrastructure, including the quarry compound, is to be removed as part of early closure works. The accompanying restoration masterplan sets out the regrading of the site to a more natural landform, incorporating meadow grassland, woodland planting and wetland areas, and establishes a coherent framework for the long-term restoration and after-use of the quarry. 4 By way of context, the site extends to c.21.77 hectares and lies between Aberuthven and Auchterarder, to the south of the A9, with some intervening woodland and north of the Stirling to Perth rail line. To the west is the B8062, from which access is taken, whilst east is some agricultural land and a further area of woodland. It has for many years operated as by a small-scale sand and gravel quarry, comprising a compound area, processing plant, silt ponds, access tracks and areas of previously worked or partially restored land. The wider setting sits low within a wider rural landscape. 5 A separate planning application (ref. 26/00045/FLL) for a gun dog training facility (“Dog Ranch”) is reported elsewhere on the Agenda of this Committee. While clearly related, each application requires to be considered on its own merits. However, the proposals are intrinsically linked in that the cessation of quarrying and delivery of restoration provides the context for the proposed new use, which is intended to occupy part of the restored site rather than operate alongside active extraction. For clarity, the applicant for this proposal, Mr John Lockett, is the same as the applicant when the application was originally reported to Committee in March 2020. However, the site is currently under contract to the operator of Mor Dor Gundogs (the applicant for the aforementioned gun dog ranch), who intends to purchase the entire quarry site subject to obtaining Page 106 of 212
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planning permission. Subject to obtaining planning permission, the intention would be for the restoration works to be tendered to a competent contractor. 6 This report therefore focuses on the acceptability of the revised restoration strategy and its environmental implications, noting that: • quarry operations are proposed to cease; • restoration is to be accelerated; and • the Dog Ranch proposal represents a separate, though related, development within the restored landscape. 7 The acceptability of the restoration proposals under this application must be considered separately and independently from the associated gun dog facility application, and does not predetermine its outcome, nor vice versa. 8 Nevertheless, the two proposals are interrelated, and when viewed together they present an opportunity to resolve the long-standing unresolved regulatory planning position at Craigrossie Quarry, by securing both a deliverable restoration strategy and a viable future use for the restored site. Site History 9 08/00423/FUL Full Planning Permission was approved on 21 July 2009 for the re-alignment of a farm access road and second phase of sand and gravel extraction. 10 08/00428/MW Mineral Works application was approved on 21 July 2009 for the re-alignment of a farm access road and second phase of small scale sand and gravel extraction. 11 18/00009/PAN on 14 August 2018 a Proposal of Application Notice PoAN was submitted for a Phase 3 of small scale minerals extraction and processing activities (in part retrospect), including reinstatement, restoration, landscaping, processing building and ancillary accommodation, access and associated works – the intended approach to consultation was accepted. 12 18/01423/SCRN On 14 August 2018 Perth and Kinross Council issued Screening Opinion advising that proposals for a Phase 3 of minerals extraction. and processing activities did not constitute EIA development. 13 26/00045/FLL An application for Full Planning Permission for the Change of use of quarry to gun dog training centre, erection of kennels, veterinary practice , reception building, indoor arena, maintenance buildings, staff and student accommodation, installation of PV and ASHP and associated works – Pending Consideration and also presented for determination at this Committee. Environmental Impact Assessment 14 A screening exercise (ref:18/01423/SCRN) was undertaken by the Planning Authority in September 2018 in accordance with the EIA (Scotland) Regulations Page 107 of 212
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2017 which concluded that this development, whilst falling under Schedule 2 (3) of the above regulations relating to extractive industry, the development was unlikely to result in significant environmental effects. The Opinion concluded that the proposal was not EIA development. Waste Management Regulations 2010 15 The Management of Extractive Waste (Scotland) Regulations 2010 remain the relevant regulatory framework for mineral developments and associated waste. However, the revised proposals differ from the previously assessed scheme in that no further mineral extraction is proposed, and the site is to move directly into the restoration phase. 16 As such, the generation and ongoing management of extractive waste associated with active quarrying will no longer occur. Instead, existing materials on site will be utilised as part of the restoration process, including regrading and infilling works. These activities are considered to fall within normal site restoration operations and do not give rise to the need for a formal extractive waste management plan as previously envisaged. 17 Notwithstanding this, all works must be undertaken in accordance with relevant environmental controls, including measures to ensure the stability of placed material and to prevent pollution. These matters can be appropriately regulated through recommended planning conditions and separate environmental legislation where relevant. Pre-Application Consultation 18 The proposed development is classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. Therefore, the applicant was required to undertake formal pre application consultation with the local community. The content of the Proposal of Application Notice (PoAN) (18/00009/PAN) was approved in August 2018 and a public consultation was held at Aberuthven Village Hall on Tuesday 21 August 2018. Given that the application has effectively been under consideration since its submission in November 2019 no additional or refreshed public consultation is considered to be required. 19 Public comment during the PAC process, as outlined in the PAC Report, related to: • Use of heavy traffic between the A824 and the B8062 and potential requirement for road improvements. 20 The PoAN was reported to the Planning and Development Management Committee for comment on 26 September 2018 (Report: 18/299). Members noted the report and made no further comments. Page 108 of 212
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Development Plan 21 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 22 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 peoples lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 23 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 5: Soils • Policy 6: Forestry, Woodland and Trees • Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings • Policy 13: Sustainable Transport • Policy 20: Blue and Green Infrastructure • Policy 22: Flood Risk and Water Management • Policy 26: Business and Industry • Policy 29: Rural Development • Policy 33: Minerals Perth and Kinross Local Development Plan 2019 24 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. 25 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 8: Rural Business and Diversification • Policy 15: Public Access • Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments Page 109 of 212
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• Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 36A: Waste Management Infrastructure: Existing Waste Management Infrastructure • Policy 36B: Waste Management Infrastructure: New Waste Management Infrastructure • Policy 38A: Environment and Conservation: International Nature Conservation Sites • Policy 38B: Environment and Conservation: National Designations • Policy 38C: Environment and Conservation: Local Designations • Policy 39: Landscape • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 49A: Minerals and Other Activities - Supply: Extraction • Policy 49B: Minerals and Other Activities - Supply: Restoration • 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 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 26 • Supplementary Guidance - Air Quality (adopted in 2020) • Supplementary Guidance - Airfield Safeguarding (adopted in 2020) • Supplementary Guidance - Delivering Zero Waste (adopted in 2020) • Supplementary Guidance - Financial Guarantees for Minerals (adopted in 2021) • 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 - Housing in the Countryside (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) Other Material Considerations PKC Non Statutory Guidance 27 • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft) Page 110 of 212
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National Guidance 28 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. National Roads Development Guide 2014 29 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. Others 30 Tayside Landscape Character Assessment (TLCA) Consultations 31 The consultation responses summarised below relate to the original application proposals as submitted and considered by Committee in March 2020. Given that the revised submission solely relates to the cessation of mineral extraction and the acceleration of the previously approved restoration programme, and does not introduce new built development or materially increase the scope of environmental effects, it was not considered necessary to undertake a further round of consultation. The amendments are considered to represent a reduction in operational impacts and a progression towards site restoration, rather than anything which would require further consultation. 32 As part of the planning application process the following bodies were consulted: External 33 Nature Scot - No Objection. Advised of standing advice on protected species and to consider need for species licenses. 34 Historic Environment Scotland - No objection. Advised of proximity to three Scheduled Monuments. 35 Transport Scotland - No objection and did not advise against approval of the proposed development. 36 Auchterarder and District Community Council - No objection. 37 Network Rail - No objections, advisory notes recommended relating to the safety of the railway. 38 Scottish Water - No objection. Comment provided on drinking water protected areas (DWPA) but advised that development is a sufficient distance from the Page 111 of 212
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intake and is therefore considered to be low risk. Also advised that they will not accept surface water connections into their combined sewers. 39 Scottish Environment Protection Agency - No objection, subject to submission of a Water Management Plan. Reference also made to their regulatory requirements. 40 Perth and Kinross Heritage Trust - No objection Internal 41 Transportation and Development - No objection. Previously advised that an upgraded site access junction and creation of run off areas were required, when proposal involved ongoing extraction, but this is now not considered to be necessary given changes to proposals. Conditions recommended regarding control of traffic through site and traffic management. 42 Environmental Health (Noise Odour) - No objection, confirmed previously that the proposed quarry operational/working hours were acceptable and that the submitted Noise Assessment and Vibration Report demonstrated that impacts on nearby receptors would be minimal. The Operational Environmental Management Plan was also considered acceptable, with appropriate mitigation measures identified in relation to noise, dust and lighting, to be secured by condition. EH have not been re‑consulted on the revised proposals; however, given the nature of the changes the previous conclusions remain applicable, and the same recommendations and conditions are considered appropriate. 43 Community Greenspace - No objection. 45 Biodiversity Officer - No objection. Advise the supporting Ecological Appraisal shows no evidence of badger, bats, otter or red squirrel on site. Note that sand martin nesting sites are protected and maintained. Also that Non-Native Species Control Plan should be submitted. Finally that the mitigation measures listed in the Operational Environmental Management Plan (OEMP) should be adhered to in full with particular regard to protecting sand martin and limiting light spill into woodland areas. Conditions are recommended to ensure this. Representations 44 No representations have been received. Additional Statements Screening Opinion Undertaken EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed AA not required Page 112 of 212
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Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Environmental Appraisal Submitted which includes – Phasing Programme • Landscape and Visual Assessment • Ecological Appraisal • Noise Impact Assessment • Geo – Environmental Assessment • Draft Operational Environmental Management Plan • Flood Risk Assessment • Transport Statement Appraisal 45 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance, as outlined above. Principle 46 It is important to note that application ref. 19/01927/MWM was previously reported to the Planning and Placemaking Committee in March 2020 with a recommendation of approval for mineral extraction and subsequent restoration of the site. That recommendation was agreed by the Committee, subject to conditions and the conclusion of a legal agreement. In this context, the principle of the development—including both extraction and the requirement for comprehensive restoration—has already been established and endorsed. Accordingly, it is not considered necessary to revisit the principle of the development as part of the current assessment. Instead, the focus of this report is on the material changes now proposed, namely the cessation of extraction and the introduction of an accelerated restoration programme, and whether these revisions represent an acceptable and deliverable solution for the site. Landscape and Visual Impact 47 National and local policy seeks to protect and enhance landscape character and visual amenity. In this regard, NPF4 Policies 4 (Natural Places), 6 (Forestry, Woodland and Trees) are of particular relevance, requiring development to Page 113 of 212
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protect, restore and enhance landscape features, strengthen nature networks and deliver positive outcomes for biodiversity and green infrastructure. 48 At a local level, Policies 1A and 1B of LDP2 remain relevant in assessing whether development integrates appropriately with its surroundings and respects landscape character and important views. 49 The current proposals differ significantly from the previously assessed scheme in that they no longer seek to extend mineral extraction operations. Instead, the focus is on stopping quarrying and restoration of the site. As such, the assessment of landscape and visual effects is primarily concerned with the short-term restoration phase and the long-term restored landscape, rather than prolonged operational impacts. 50 The site lies within the Broad Valley Lowlands Landscape Character Area, as defined in the Tayside Landscape Character Assessment (TLCA), which identifies the historical influence of mineral extraction but emphasises the importance of restoring a landscape structure characterised by woodland, hedgerows, field patterns and integrated water features. 51 The revised restoration proposals seek to regrade the site and deliver a predominantly meadow grassland landscape with integrated woodland planting and wetland features, reflecting the surrounding landscape character. Existing woodland is retained and supplemented with additional native tree planting, to reinforce landscape structure and soften the edges of the restored landform. 52 The proposals also include the reshaping and retention of existing settlement ponds to create a series of more naturalistic waterbodies and wetland habitats, together with opportunities to safeguard and enhance ecological features such as sand martin nesting areas. The removal of quarry infrastructure, including the compound, processing buildings and haul roads, is a key component of the restoration strategy, with these elements either removed or integrated into a network of informal paths within the restored landscape. This is the same detailed physical restoration which was accepted by Committee in March 2020, albeit now accelerated. 53 In landscape and visual terms, the site remains well contained by existing topography and established woodland belts, particularly to the north and west. As previously identified, views into the site are generally limited, with the primary receptors being from elevated positions to the south, including the railway corridor and more distant viewpoints. The revised proposals would, over time, reduce the visual impact of the site through restoration and re-naturalisation of the worked landform. 54 In contrast to the previously proposed long-term extraction phases, the revised scheme significantly reduces both the duration and extent of potential adverse landscape effects, with restoration brought forward and delivered over a shorter timeframe. The final restored landform remains consistent with that accepted in 2020, with the same detailed sectional drawings now proposed for approval. As Page 114 of 212
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such, the end-state landscape is unchanged in design intent but delivered sooner, resulting in a landscape that is considered to better align with the underlying character of the area and the objectives of the Tayside Landscape Character Assessment (TLCA). 55 Overall, the revised restoration proposals are considered to represent a positive landscape outcome, restoring the site to a more natural and integrated rural landscape, as was originally envisioned. The proposals accord with the aims of NPF4 in delivering nature-based solutions, enhancing green infrastructure and improving landscape quality, and are consistent with the requirements of LDP2 Policies 1A and 1B. Restoration and Aftercare 56 An updated site-wide restoration strategy has been submitted which replaces the previously proposed long-term extraction-led programme. The revised approach being stopping quarrying operations and an accelerated delivery of restoration, rather than altering the ultimate restoration objective. Importantly, the overall restoration concept, final landform and finished site levels remain consistent with those previously accepted in 2020. 57 The restoration proposals include the removal of quarry infrastructure, with these areas recontoured and reintegrated into the wider landscape. Existing waterbodies are to be reshaped to more natural profiles, and additional native planting will reinforce landscape structure and biodiversity. The use of on-site materials in the regrading process will create a landform which reflects the surrounding landscape character. 58 The revised restoration framework also recognises that part of the restored site may be utilised for the proposed Dog Ranch development, the acceptability of which is being considered separately under application ref. 26/00045/FLL. The restoration proposals have therefore been designed to provide a suitable and integrated landscape setting for this potential future use, while ensuring that the overall restoration objectives for the quarry are achieved. 59 A condition (Condition 14) is recommended to ensure that the restoration and aftercare are implemented in accordance with the approved plans and revised phasing programme, thereby securing delivery of the agreed restoration outcome within a significantly shorter timeframe and ensuring a satisfactory long-term position in terms of landscape character, visual amenity and environmental quality. Ecology 60 Taking account of the submitted ecological information and the revised restoration-led nature of the proposals, the development is not expected to give rise to any significant adverse effects on protected species or valued habitats, subject to appropriate mitigation and best practice measures secured by condition. The proposals will result in the restoration of the site to a more natural Page 115 of 212
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and diverse landscape incorporating woodland, meadow and wetland habitats, thereby delivering biodiversity enhancements in line with the objectives of NPF4 Policies 3 and 4. On this basis, the proposals are considered acceptable in ecological terms. Trees 61 Relevant policy is set out in NPF4 Policy 6 (Forestry, Woodland and Trees), which seeks to protect existing woodland, expand tree cover and strengthen connectivity, alongside LDP2 Policies 40A and 40B. The site is currently well screened by established woodland belts, which are to be retained in full as part of the revised proposals. No tree felling is required in association with the updated restoration strategy. 62 The revised restoration framework integrates new native tree and woodland planting as a key component of the overall landscape strategy, with additional planting proposed to reinforce boundaries, soften restored landforms and enhance biodiversity. As such, the proposals not only safeguard existing tree resources but also provide opportunities for woodland expansion and ecological enhancement. 63 On this basis, the proposals are considered to accord with the objectives of NPF4 Policy 6 and LDP2 Policies 40A and 40B. Traffic and Transport 64 The relevant policy framework is provided by NPF4 Policy 13 (Sustainable Transport), which requires development to minimise the need to travel, reduce reliance on unsustainable transport modes and ensure that proposals do not have an unacceptable impact on the transport network or road safety. At a local level, Policy T60B of LDP2 requires a full assessment of impacts on road safety and accessibility. 65 The revised proposals differ significantly from the previously assessed scheme in that they no longer involve continued or expanded mineral extraction. Instead, the proposals provide for the cessation of quarry operations and an accelerated restoration of the site, resulting in the removal of HGV movements associated with mineral export over time. 66 As such, the previously anticipated traffic generation associated with ongoing sand and gravel and sandstone extraction is no longer applicable. Whilst there may be limited short-term traffic associated with restoration activities, including the potential import of materials where necessary, these impacts are temporary in nature and can be appropriately managed through condition. 67 Traffic associated with the proposed “Dog Ranch” development is considered separately under application ref. 26/00045/FLL and does not form part of the assessment of this application. Page 116 of 212
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68 Overall, given the cessation of mineral operations and the temporary nature of any restoration-related traffic, the proposals are not expected to give rise to any significant adverse impacts on the local road network and the previously recommended conditions regarding the upgrade of the access are not considered to be necessary. Subject to appropriate controls, the proposal is considered to accord with NPF4 Policy 13 and LDP2 Policy 60B. Impact on Water Environment 69 The relevant policy framework is set out in NPF4 Policy 22 (Flood Risk and Water Management) and Policy 5 (Soils), together with LDP2 Policies 53B and 53C, which require development to incorporate appropriate drainage and safeguard the water environment. Surface Water 70 The principal surface water features associated with the site are the Ruthven Water and the Pairney Burn, both of which have been identified as having a “High” Water Framework Directive (WFD) status. 71 A number of existing ponds and minor watercourses are present within the site, some of which ultimately connect to the Ruthven Water via an unnamed tributary. As previously identified, there is potential for indirect hydrological connectivity between the site and surrounding watercourses. 72 The revised proposals differ significantly from the previously assessed scheme in that they no longer include ongoing or expanded mineral extraction. Instead, they focus on the cessation of quarrying and the accelerated restoration of the site, including the reshaping and retention of existing ponds as naturalised water features within the restored landscape. 73 As a result, the risk of pollution associated with active extraction, processing and long-term stockpiling activities is substantially reduced. The restoration proposals are expected to improve the overall condition of the site through regrading, stabilisation of bare ground, and the establishment of vegetation cover, thereby reducing sediment runoff and improving water quality over time. 74 Notwithstanding this, short-term risks associated with restoration works, including earth movement and potential import of materials, remain. These can be appropriately managed through a detailed Water Management Plan, secured by condition (Condition 2), incorporating SEPA requirements and pollution prevention measures to protect downstream watercourses. Any discharges or abstractions will continue to require appropriate authorisation under the Water Environment (Controlled Activities) (Scotland) Regulations (CAR). Groundwater 75 The site lies within the Crieff and Path of Condie groundwater bodies, both of which hold a High WFD classification. Under the revised proposals, there is no Page 117 of 212
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longer any requirement for deep quarrying or potential dewatering associated with sandstone extraction, thereby reducing the potential for groundwater interaction or disturbance. 76 The restoration-led approach is therefore considered to present a reduced risk to groundwater, with the stabilisation of ground conditions and re-establishment of vegetation expected to provide long-term environmental benefits. Drinking Water Supply 77 Scottish Water has advised that the site lies within a drinking water catchment area but given the scale of the catchment and distance from abstraction points, the risk is considered low. This position remains unchanged under the revised proposals. Water Environment Conclusion 78 Overall, the cessation of mineral extraction and the implementation of an accelerated restoration strategy significantly reduces the potential for adverse impacts on the water environment. Subject to appropriate safeguards during the restoration phase, the proposals are not expected to adversely affect surface water or groundwater quality and will support long-term environmental improvement. 79 On this basis, the proposals are considered to accord with the objectives of NPF4 Policy 22 and LDP2 Policies 53B and 53C. Flooding 80 The relevant policy framework is set out in NPF4 Policy 22 (Flood Risk and Water Management), which seeks to avoid development in areas at risk of flooding and to ensure that proposals do not increase flood risk elsewhere, alongside LDP2 Policy 52. 81 SEPA flood mapping identifies an area of surface water flooding to the south of the railway line, outwith the site, and limited areas of surface water risk within associated with existing ponds and low-lying quarry workings. A Flood Risk Assessment previously submitted concluded that there would be no increase in flood risk as a result of the quarrying development then proposed. 82 As discussed the revised proposals differ, including the reprofiling of land levels and the retention and enhancement of ponds and wetland features. These measures are expected to improve drainage characteristics, reduce exposed and disturbed ground, and promote more natural water management across the site. 83 No new built development is proposed as part of the restoration strategy, and the proposals are not considered to introduce any additional flood risk on or off Page 118 of 212
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site. Instead, the restoration works are likely to provide a neutral or beneficial effect in terms of surface water management. 84 Subject to the implementation of appropriate surface water management measures secured by condition (Condition 2), the proposals are considered to comply with the requirements of NPF4 Policy 22 and LDP2 Policy 52. Residential Amenity 85 The relevant policy framework is set out in NPF4 Policy 23 (Health and Safety), which seeks to ensure that new development does not give rise to unacceptable impacts on residential amenity, including noise, dust, vibration and light pollution, alongside LDP2 Policies 55 and 56. Noise 86 Given the revised proposals, the long-term sources of operational noise associated with mineral working will be removed. 87 Noise impacts will therefore be limited to the short-term restoration phase, including plant and machinery associated with earthworks. These impacts are temporary in nature and can be appropriately controlled through conditions, including restrictions on hours of operation and adherence to an updated Operational Environmental Management Plan (OEMP) (Condition 4). 88 Environmental Health has previously confirmed that noise levels associated with the existing site are acceptable, and no complaints have been recorded. Given the reduced scale and duration of activity under the revised proposals, no significant adverse noise impacts are anticipated. Vibration 89 With the removal of ongoing extraction activities, including any requirement for intensive operations, the potential for vibration impacts is further reduced. Any minor vibration associated with restoration works is temporary and not expected to affect nearby sensitive receptors. Air Quality and Dust 90 The cessation of mineral extraction will significantly reduce the potential for dust generation compared to the previously assessed scheme. While some dust may arise during restoration works, these impacts are short-term and can be effectively mitigated through standard best practice measures secured within the OEMP (Condition 4). Lighting 91 No permanent operational lighting is proposed as part of the restoration strategy. Any temporary lighting associated with restoration works will be limited Page 119 of 212
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in duration and controlled to minimise light spill. Given the existing screening and rural context, no significant impacts on residential amenity are anticipated (Conditions 4 and 16). Residential Amenity Conclusion 92 Overall, the revised proposals are expected to result in an improved amenity outcome over the longer term, through the removal of quarrying activity and restoration of the site to a more natural landscape. Subject to appropriate conditions (Conditions 4, 7, 8, 9, 10, 12, 13, 15 and 16) controlling the restoration phase, the proposals are considered to comply with the requirements of NPF4 Policy 23 and LDP2 Policies 55 and 56, and are acceptable in terms of residential amenity. Socio-Economic Benefits 93 The relevant policy context is provided by NPF4 Policy 26 (Business and Industry), which supports sustainable economic activity and diversification, particularly in rural areas. 94 The revised proposals represent a significant shift from the previously assessed scheme, moving away from mineral extraction to restoration of the site. As such, while the existing quarry has historically provided local economic benefits through employment and the supply of materials to the construction industry, these benefits will reduce over time as operations cease. 95 Notwithstanding this, the accelerated restoration of the site provides an opportunity to secure a long-term beneficial future use, improving environmental quality and enabling alternative forms of rural economic activity. In this regard, the restoration proposals support a transition from extractive industry to a more sustainable land use, with potential economic benefits linked to environmental enhancement and the proposed Dog Ranch development considered separately under application ref. 26/00045/FLL. 96 On balance, the proposals are considered to accord with the broad objectives of NPF4 in supporting sustainable rural economic transition and diversification, and are acceptable in socio-economic terms. Quarry Cessation 97 The principle of mineral extraction and its cessation must be considered against the relevant provisions of LDP2, in particular Policies 49A and 49B, and NPF4 Policy 33: Minerals which together seek to ensure that mineral workings are properly restored in a timely and effective manner to an appropriate after-use. While the revised proposals involve the cessation of quarrying activity, which would result in the loss of an established mineral operation, they importantly provide a deliverable and secured restoration solution for the site. This is a significant material consideration given that an acceptable restoration scheme has not been achievable for a number of years. In this context, the proposals Page 120 of 212
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positively align with the objectives of both LDP2 and NPF4 in securing the restoration and aftercare of mineral sites and are therefore considered to represent an appropriate and beneficial outcome for the long-term management of Craigrossie Quarry. Section 75 Legal Agreement and Financial Bond 98 The proposal requires to be considered in the context of Policies 49A and 49B of LDP2, Policy 33 of NPF4, and the Council’s Supplementary Guidance on Financial Guarantees for Minerals, all of which seek to ensure the satisfactory restoration of mineral sites through appropriate financial safeguards. Members will recall that the previous “minded to grant” position for this application was expressly subject to the conclusion of a Section 75 Agreement and the provision of a financial restoration bond. However, owing to the limited scale of the quarrying activity ongoing at any one time and the constrained financial position of the applicant, it has proven difficult to secure such a bond, resulting in the application remaining undetermined for over six years. While the Supplementary Guidance anticipates that a bond and legal agreement will normally be required to guarantee restoration, the prolonged period since the earlier resolution has demonstrated that securing these mechanisms in this instance is unlikely to be achieved. This reflects the nature of the site as a relatively small-scale, low- output quarry with limited profitability, where the cost of obtaining a bond is disproportionate and has prevented meaningful progress. In these particular circumstances, there is a genuine risk that adherence to the standard policy approach would continue to delay or frustrate restoration rather than secure it. Accordingly, having regard to the specific circumstances outlined above, including the protracted but unsuccessful efforts to secure a bond and legal agreement, it is considered appropriate in this instance to depart from the requirements of Policy 49B and the associated Supplementary Guidance. On an exceptional and justified basis, it is considered both reasonable and pragmatic to advance the application without the provision of a financial guarantee, with restoration instead secured through appropriately worded planning conditions. This approach is considered to represent the most proportionate and effective means of ensuring that restoration is ultimately delivered in the context of this site. Conditions 99 The conditions recommended broadly reflect those originally set out at the time of the Committee’s resolution in March 2020; however, they have been updated to reflect the material change in circumstances now proposed, namely the cessation of mineral extraction and the delivery of an accelerated restoration of the site. A condition is also recommended (condition 18) requiring the submission of a detailed programme for the cessation of quarry operations, to ensure that there is a clearly agreed timescale and structured approach to the permanent cessation of mineral extraction. This will provide certainty that extraction activity is brought to an end within an appropriate and controlled timeframe, ensuring that the primary purpose of granting planning permission is to secure the timely restoration of the site. In particular, conditions have been Page 121 of 212
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refocused to regulate restoration activity and associated environmental effects, rather than ongoing quarry operations. While a number of conditions were previously recommended in relation to upgrading the site access to accommodate anticipated levels of quarry-related traffic, it is no longer considered proportionate to impose these requirements given that mineral extraction will cease and associated heavy goods vehicle movements will be significantly reduced, particularly in the longer term. Planning Obligations and Legal Agreements 100 None required. Direction By Scottish Ministers 101 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 102 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly the proposal is recommended for approval subject to the following conditions. Recommendation Approve the application subject to the following conditions: Conditions and Reasons for Recommendation 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason: This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. Within 6 months of the date of this decision, a detailed Water Management Plan shall be submitted to and approved in writing by the Planning Authority in consultation with SEPA. The Plan shall include full details of surface water management during restoration works, including earthworks and any stockpiling of soils, and shall include details of silt management devices, cut-off drains, Page 122 of 212
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drainage arrangements and any abstractions. The approved details shall be implemented in full during the restoration of the site. Reason: To ensure adequate management of water on site. 3. Within 6 months of the date of this decision notice, an Invasive Non-Native Species Control Plan shall be submitted to and approved in writing by the Planning Authority. The approved measures shall be implemented in full during restoration works. Reason: In the interests of protecting environmental quality and of biodiversity. 4. Prior to the commencement of restoration works, an updated Operational Environmental Management Plan (OEMP) shall be submitted to and subsequently approved in writing by the Planning Authority. The OEMP shall include mitigation measures to control noise, dust, vibration, and lighting associated with restoration activities and shall be implemented in full throughout the restoration period. The finalised OEMP can be based upon the draft OEMP (Appendix G of the Environmental Appraisal) submitted with the application. The OEMP is a live document which shall be updated to reflect changing site conditions as restoration works progress on site. The OEMP, as approved, shall be strictly adhered until the site is fully restored in accordance with the approved restoration plans. Reason: In the interests of neighbouring recreational and residential amenity; to ensure a satisfactory standard of local environmental quality is maintained. 5. The conclusions and recommended action points within the supporting biodiversity survey (19/01927/28) submitted and hereby approved shall be fully adhered to, respected and undertaken as part of the restoration works. 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). 6. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the restoration works. 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 150mm 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. 7. Noise from any plant and machinery associated with the development shall be controlled such that it does not exceed 55dBLAeq, 1 hour (free field) at 3.5m from the façade of noise sensitive properties (except during temporary operations as referred to in condition 8. Page 123 of 212
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Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 8. To allow for temporary operations such as soil stripping, removing soil heaps, creating earth bunds, crushing operations and restoration, noise levels measured at 3.5m from the façade of any noise sensitive dwelling shall not exceed 70dB LAeq, 1 hour (free field) for more than 8 weeks in any one year. Perth and Kinross Council, Environmental Health and all neighbouring noise sensitive dwellings should be advised in advance of the activities detailing the timings, actual activities to be undertaken and any additional noise mitigation measures. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 9. The hours of operation shall be limited to Monday to Friday 08:00 to 18:00 hours and 08:00 to 13:00 Saturdays. No workings permitted on Sundays. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 10. All vehicles, plant and machinery shall operate only during the permitted hours of operation and shall always be silenced in accordance with the manufacturer's recommendations and so operated as to minimise noisy emissions. The Council as Planning Authority reserves the right to insist on any reasonable additional measures to further minimise noise emissions, should it prove expedient to do so. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 11. The existing dry wheel bath on site shall be retained for the duration of the restoration and until all restoration works have been completed in accordance with the approved plans and shall be utilised at all times. The dry wheel bath shall be supplemented by a road brush as required. Reason: To ensure the public road is kept clear of debris from the site. 12. 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: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 13. No blasting shall take place on the site at any time. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. Page 124 of 212
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14. The restoration and aftercare of the site shall be carried out in accordance with the approved restoration plans and phasing programme. Reason: In order to ensure the development proceeds in accordance with the approved plans and documents and to serve the rights of the Council as Planning Authority. 15. If, in the opinion of the Planning Authority, the development gives rise to justified complaints relating to noise, dust or other environmental effects, the applicant shall, at their own expense, undertake monitoring by suitably qualified and experienced consultants. The scope and methodology of such monitoring shall be agreed in advance with the Planning Authority. The results of the monitoring shall be submitted to the Planning Authority, and any mitigation or remedial measures identified shall thereafter be implemented in full, unless otherwise agreed in writing by the Planning Authority. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 16. All external lighting shall be sufficiently screened and aligned 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. 17. Should any external materials be required for site restoration a detailed Traffic Management Plan (TMP) shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority prior to commencement of that phase of restoration. The TMP shall detail the number of HGV movements required for bringing additional materials into the site to complete the restoration phase. The Traffic Management Plan (TMP) 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) 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; Page 125 of 212
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(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) the provision and installation of traffic counters at the applicant's expense at locations to be agreed prior to the commencement of construction; (n) monitoring, reporting and implementation arrangements; (o) arrangements for dealing with non-compliance; and (p) details of HGV movements to and from the site. The TMP as approved shall be strictly adhered to during the entire site construction programme. Reason: To ensure adequate controls are put in place should there be a significant uplift in HGV movements to the site as a result of the restoration process. 18. Within 3 months of the date of this decision, a detailed programme for the permanent cessation of quarry operations, including clear timescales and phasing, shall be submitted to and approved in writing by the Planning Authority. Thereafter, the permanent cessation of quarry operations shall be carried out strictly in accordance with the approved cessation document. Reason: To ensure that mineral extraction is brought to an end in the interests of environmental protection and to facilitate the appropriate restoration of the site in accordance with Policies 49A and 49B of LDP2, Policy 33 of NPF4, and the Council’s Supplementary Guidance on Financial Guarantees for Minerals. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None Informatives 1. As soon as practicable after the development is complete, the person who completes the development is obliged by section 27B of the Town and Country Page 126 of 212
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Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. Please use the form attached herewith. 2. 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 38 of the Development Management Procedure (Scotland) Regulations 2008.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 38 the notice must be: • Displayed in a prominent place at or in the vicinity of the site of the development. • Readily available to the public • Printed on durable material. 3. Trees and scrub are likely to contain nesting birds between 1st March and 31st 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 for a development does not provide a defence against prosecution under this Act. 4. 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. 5. The applicant should be aware of the advice contained within SEPA's consultation response dated 28 January relating to pollution prevention control and the potential requirement for CAR Authorisation and should make contact with SEPA's regulatory team to discuss these matters. 6. The application should be aware of the guidance contained within Scottish Water's consultation response dated 16th December 2019 relating to Drinking Water Protected Areas. 7. Cranes and jibbed machines, used in connection with the works, must be so positioned that the jib or any suspended load does not swing over railway infrastructure or within 3 metres of the nearest rail if the boundary is closer than 3 metres. 8. All cranes, machinery and constructional plant must be so positioned and used to prevent the accidental entry onto railway property of such plant, or loads attached thereto, in the event of failure. Page 127 of 212
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9. Only inert spoil shall be used as the backfill material. In the event that biodegradable waste is imported to the site, Network Rail will hold the operator responsible for the escape of hazardous landfill gas or leachate which may affect railway operations or the safety of the public. 10. The applicant is reminded that there remains a duty to comply with other regulatory requirements, including the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended), the Waste Management Licensing (Scotland) Regulations 2011 and the Pollution Prevention and Control (Scotland) Regulations 2012. These regimes operate separately from planning control and may require separate consents or authorisations in relation to restoration works and any associated site activities. The applicant is advised to liaise with SEPA as appropriate to ensure all relevant regulatory requirements are met. Background Papers Letters of representation 0 Authors Name Designation Contact Details John Williamson Planning Officer 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Kristian Smith Service Manager 23 June 2026 Page 128 of 212
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¯ Mineral extraction and processing including alterations to vehicular access, erection of ancillary buildings, landscaping, reinstatement and associated works (Phase 3) (in part retrospect) 19/01927/MWM Scale 1:10,000 Planning and Placemaking Committee - 8 July 2026 © 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. 5(1)(iv) Page 129 of 212
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¯ Mineral extraction and processing including alterations to vehicular access, erection of ancillary buildings, landscaping, reinstatement and associated works (Phase 3) (in part retrospect) 19/01927/MWM Scale 1:5,000 Planning and Placemaking Committee - 8 July 2026 © 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. 5(1)(iv) Page 131 of 212
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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. 26/207) Proposal: Change of use of quarry to gun dog training centre, erection of kennels, veterinary practice, reception building, indoor arena, maintenance buildings, staff and student accommodation, installation of PV and ASHP and associated works Location: Land south west of Arns Farm, Auchterarder Ref. No: 26/00045/FLL Ward No: P7 - Strathallan Summary This report recommends approval of the application, subject to the conclusion of a legal agreement to secure the proposed residential elements as “employment-linked affordable housing”. The proposal is considered to accord with the Development Plan, comprising National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2 (LDP2), in that it supports rural business diversification and economic growth (NPF4 Policy 29; LDP2 Policy 8), makes effective use of a previously developed quarry site alongside an accelerated restoration strategy (NPF4 Policy 9), and provides a form of development that is appropriately located to meet its functional needs. The scale, siting and design of the development is considered acceptable and capable of integration within the landscape, while environmental impacts relating to noise, transport, drainage, ecology and light pollution can be satisfactorily mitigated through conditions. The inclusion of on-site accommodation is justified by operational requirements and secured as employment-linked affordable housing, aligning with LDP2 Policies 19 and 20 and NPF4 Policy 17. Subject to these controls and the associated legal agreement, no material considerations have been identified that would outweigh the Development Plan, and the proposal is therefore recommended for approval. Background and Description of Proposal 1 The proposal is to make use of parts of Craigrossie Quarry by the applicant ‘Mordor Gundogs’ as the “Dog Ranch”. Craigrossie Quarry being southwest of Hall Farm, between Auchterarder and Aberuthven. The proposed use and associated development works can be described as a mixed-use development comprising kennels, training and operational facilities, a veterinary practice, staff 5(2)(i) Page 133 of 212
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and student accommodation, and associated infrastructure, alongside the accelerated restoration of the quarry – the operation of which would cease to facilitate the use as the Dog Ranch. 2 The application site extends to approximately 1.9 hectares (ha) and sits within the wider Craigrossie Quarry (c.21.7ha). The quarry is located between the settlements of Aberuthven and Auchterarder, with the A9 forming the north-west boundary of the site and the Stirling–Perth railway line forming the southern boundary. Access is to the east off the B8062. The quarry has an extensive planning history associated with sand and gravel extraction and restoration, most recently under application reference 19/01927/MWM, which is reported elsewhere on the Agenda of this Committee. 3 The current application is closely linked to the long‑running planning situation at Craigrossie Quarry and the associated undetermined mineral extraction and restoration application associated with the wider quarry site. That application was submitted in 2019 and sought to secure continued mineral extraction alongside a structured and detailed restoration scheme post quarrying. The application was reported to the Planning and Placemaking Committee in March 2020 with a recommendation of approval, subject to conditions and the preparation and agreement of a financial restoration bond intended to protect the Council’s position in relation to the delivery of the approved restoration works. The Committee agreed that recommendation. 4 Despite sustained efforts by officers, it has proven very difficult to secure this legal agreement with the applicant/operator of the quarry. As a result, and notwithstanding the resolution of the committee, application 19/01927/MWM remains undetermined. 5 The current Dog Ranch proposals are associated to a new party, Mor Dor Gundogs, who has a contract in place to purchase the entire Craigrossie Quarry from the current owner, subject to receipt of planning permission. In parallel with this application, a revised set of quarry restoration proposals are being considered under application reference 19/01927/MWM. These revised plans demonstrate an accelerated programme for the cessation of quarry operations and the restoration of the site, designed to facilitate the delivery of the proposed Dog Ranch. 6 The updated proposals set out revised restoration proposals for application 19/01927/MWM considered elsewhere on this Committee’s Agenda. The accelerated restoration effectively addressing the long‑standing objective of the Council to secure the comprehensive restoration of the quarry, returning the land to a more natural state following mineral extraction, while enabling the redevelopment of part of the quarry as the Dog Ranch. 7 A detailed assessment of the quarry restoration proposals is set out in that separate report relating to application 19/01927/MWM. This report concentrating on the planning considerations associated with the proposed Dog Ranch use. Page 134 of 212
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8 The proposed development would be located within the core operational area of the quarry. The ‘red line’ boundary of the Dog Ranch encapsulating a substantially smaller area (1.9ha) than the wider quarry (21.7ha). It is located on an area of existing hardstanding, currently occupied by buildings, parking, and machinery storage, and therefore does not, in itself, require extensive restoration. The remainder of the quarry is intended to be restored to a mix of farmland, grassland, lochans and woodland in accordance with the proposed restoration framework. The submitted application proposes that quarrying activities would cease and that restoration of the quarry would be accelerated, with completion by 2027. 9 The applicant, Mordor Gundogs, is an established rural business founded in 2003 and currently operates from Craighead Farm near Perth. The business specialises in the breeding, training and support of gundogs and operates both nationally and internationally. Supporting information sets out that the proposed development is intended to consolidate and expand the existing business activities, including training, education, kennelling, veterinary services and on-site accommodation for staff and students. 10 The application is supported by a Planning Statement, a Design and Access Statement, and a range of technical and environmental assessments, including transport, ecology and noise. The proposal has been subject to pre-application consultation under reference 25/00090/PREAPL, and the application has been submitted as a local development in accordance with the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. An Environmental Impact Assessment screening process has been undertaken in accordance with the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 which concluded that the proposal was not EIA Development. Description of Development 11 The proposed layout comprises a series of distinct building groups within what would be the former quarry and arranged to reflect both operational requirements and a rural spatial pattern. Access is taken from the existing junction onto the B8062, leading into a tree-lined avenue to a cluster of buildings accommodating staff housing and student accommodation overlooking the access and acting as a gateway to the wider development. 12 Beyond this, to the northeast, the core operational area includes the reception building, indoor training arena and veterinary practice. These are supported by a range of kennel buildings, including ‘luxury’, ‘boarding’ and ‘gundog’ kennels, as well as a dog park area, all grouped together to reflect their functional relationship. A further ancillary general-purpose building is located to the northwest, to be used for maintenance and storage purposes. 13 The layout also incorporates a cottage and puppy kennels positioned slightly separate from the main kennel complex, to provide an appropriate level of supervision and operational segregation. Circulation within the site is achieved Page 135 of 212
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through an internal access route linking all building groups, with areas of parking and servicing located close to the main operational buildings. 14 The majority of the wider quarry site is given over to landscape restoration, including the creation of new woodland, open ground and water features associated with the quarry restoration works. Existing woodland belts are retained and supplemented with new planting to provide enclosure and integration of the development into the surrounding landscape. The restoration proposals are assessed separately under application 19/01927/MWM. 15 The acceptability of the gun dog facility proposed under this application must be considered separately and independently from the associated restoration application, and does not predetermine its outcome, nor vice versa. 16 Nevertheless, the two proposals are interrelated and, when viewed together, present an opportunity to resolve the long-standing planning position at Craigrossie Quarry by pairing a viable end use with a deliverable strategy for the restoration of the wider site. Site History 17 08/00423/FUL Full Planning Permission was approved on 21 July 2009 for Re- alignment of farm access road and second phase of sand and gravel extraction. 18 08/00428/MW A Mineral Works application was approved on 21 July 2009 for Re-alignment of farm access road and second phase of small scale sand and gravel extraction. 19 18/00009/PAN On 14 August 2018 a Proposal of Application Notice was submitted for Phase 3 small scale minerals extraction and processing activities (in part retrospect), including reinstatement, restoration, landscaping, processing building and ancillary accommodation, access and associated works – the intended approach to consultation was accepted. 20 18/01423/SCRN On 14 August 2018 Perth and Kinross Council issued a Screening Opinion advising that proposals for a Phase 3 of minerals extraction. and processing activities did not constitute EIA development. 21 19/01927/MWM A Major Application for Mineral Works was submitted in 2019 for Mineral extraction and processing including alterations to vehicular access, erection of ancillary buildings, landscaping, reinstatement and associated works (Phase 3) (in part retrospect) – Pending Consideration Environmental Impact Assessment 22 An Environmental Impact Assessment (EIA) screening exercise has been undertaken in accordance with the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. This established that, whilst the proposal falls within the scope of Schedule 2 development by virtue of its Page 136 of 212
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scale and nature, it is not considered to be EIA development having regard to the selection criteria set out in Schedule 3 of the Regulations. The assessment concluded that the proposed development would not be likely to give rise to significant environmental effects. On that basis, it has been determined that the submission of an Environmental Impact Assessment Report was not required. Pre-Application Consultation 23 Pre application Reference: 25/00090/PREAPL Major Application 24 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 25 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 26 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. 27 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 2: Climate Mitigation and Adaption • Policy 4: Natural Places • Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 15: Local Living and 20 Minute Neighbourhoods • Policy 17: Rural Homes • Policy 18: Infrastructure First • Policy 22: Flood Risk and Water Management • Policy 23: Health and Safety • Policy 29: Rural Development • Policy 33: Minerals Page 137 of 212
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Perth and Kinross Local Development Plan 2019 28 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. 29 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 8: Rural Business and Diversification • Policy 19: Housing in the Countryside • Policy 20: Affordable Housing • Policy 32: Embedding Low and Zero Carbon Technology • Policy 39: Landscape • Policy 48A: Minerals and Other Extractive Activities - Safeguarding: Sterilisation of Mineral Deposits • Policy 49A: Minerals and Other Activities - Supply: Extraction • Policy 49B: Minerals and Other Activities - Supply: Restoration • Policy 52: New Development and Flooding • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 55: Nuisance from Artificial Light and Light Pollution • Policy 56: Noise Pollution • Policy 58A: Contaminated and Unstable Land: Contaminated Land • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 30 • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Financial Guarantees for Minerals Development (adopted in 2021) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Housing in the Countryside (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) Page 138 of 212
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Other Material Considerations PKC Non Statutory Guidance 31 • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft) National Guidance 32 The Scottish Government expresses its planning policies through various documents including the National Roads Development Guide and a series of Circulars in addition to NPF4. Those relevant are listed below. Creating Places 2013 33 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. National Roads Development Guide 2014 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. Others 35 Tayside Landscape Character Assessment (TLCA) CONSULTATIONS 36 As part of the planning application process the following bodies were consulted: External 37 Scottish Water – No objection 38 Transport Scotland – No objection and did not advise against approval of the proposed development. Internal 39 Environmental Health (Noise/Odour) – No objection, subject to conditions controlling noise levels, operational activities and mitigation measures. This following additional information being submitted in relation to the initial Noise Impact Assessment. This incorporated background monitoring and a more robust Page 139 of 212
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methodology to demonstrate that noise impacts would be low and not result in unacceptable effects on nearby residential amenity. 40 Development Contributions Officer – No objection. This followed clarification over education contributions due to identified capacity constraints at Auchterarder Primary However, as the proposed residential units were (on clarification) accepted as ‘employment‑linked affordable housing’ (to be controlled through a legal agreement), no education contribution is considered required. Similarly, no contribution towards A9 Junction improvements is sought, as the development is not expected to increase traffic and would reduce travel demand from the existing use and through on‑site employment and accommodation provision. 41 Flooding – No objection. Advise that the proposed private foul and surface water drainage strategy, incorporating on‑site treatment and SuDS, is acceptable. No adverse environmental or flood risk impacts are identified. Subject to detailed design and regulatory approval, the proposal is considered to comply with relevant drainage and flooding policies. 42 Transportation and Development - No objection, subject to conditions. Advise the proposal would not adversely affect road safety or the network and benefits from reduced travel demand through on‑site accommodation and appropriate infrastructure provision. 43 Environmental Health (Private Water) – No objection. Advise the use of a private water supply via a borehole is acceptable, subject to registration and monitoring. Conditions are recommended to ensure this supply is appropriately managed and meets regulatory standards. 44 Environmental Health (Contaminated Land) – No objection subject to a condition associated to a site investigation to assess ground conditions and ensure the land is suitable for the proposed use, given the quarry use. Representations 45 One representation has been received which, whilst not objecting to the proposal raises the following issues. • Impact on residential amenity/noise control • Extent of dog training beyond red line planning boundary 46 These issues are addressed in the Appraisal section of the report. Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required Page 140 of 212
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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 Flood Risk Assessment Drainage Impact Assessment Noise Impact Assessment Appraisal 47 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance as outlined above. Principle of Gun Dog Training Facility 48 The proposal for a gun dog training facility, or ‘Dog Ranch’, at Craigrossie Quarry falls to be assessed against Policy 8: Rural Business of the Perth and Kinross Local Development Plan 2019 (LDP2) and Policy 29: Rural Development of National Planning Framework 4 (NPF4). 49 Policy 29 of NPF4 supports development proposals in rural areas that contribute to the viability, sustainability and diversity of rural communities and the rural economy, including the expansion and diversification of existing businesses, where these are appropriately located, scaled and designed. In a similar vein, Policy 8 of the LDP2 provides support in principle for new and expanding rural businesses where proposals demonstrate an appropriate relationship to their rural setting, do not give rise to unacceptable environmental or amenity impacts, and can be accommodated in terms of access and infrastructure. 50 The operational nature of the proposal is such that a countryside or location away from property where amenity may be adversely affected is appropriate and in effect fundamental to its function. Activities associated with gun dog training, kennelling, veterinary services and demonstration events are inherently land‑based and rely upon access to extensive outdoor areas, separation from sensitive residential environments, and a rural context that would not be achievable within a settlement. In this respect, the proposal aligns well with the type of development envisaged by both Policy 8 and Policy 29, which recognise the need for rural businesses to operate in locations dictated by their functional requirements. Page 141 of 212
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51 The specific location of the site is also considered to be favourable in principle. While rural in character, the site benefits from relative proximity to Auchterarder/Aberuthven and direct access to the wider trunk road network. This relationship provides an appropriate balance between seclusion and accessibility, allowing the operation to cater both for local customers and for a wider catchment drawing from across the Council area and beyond. This reflects the applicant’s stated business model and reduces pressure for more remote countryside locations to accommodate similar uses. In policy terms, the site can therefore be regarded as suitably located in relation to both the operational needs of the business and the accessibility considerations set out in Policy 8. 52 The planning history of Craigrossie Quarry and the long‑running objective of securing its effective restoration form an important part of the wider context for this application. The proposed gun dog training facility is closely linked to the accelerated restoration strategy submitted under application 19/01927/MWM, which would bring an end to mineral extraction and return the majority of the site to a more natural landscape, which the Planning Authority has been seeking to achieve for some time. This carries considerable weight in demonstrating a long‑term future for the site that moves away from extractive industry towards a more sustainable land use. 53 While the accelerated restoration proposals are a significant material consideration and clearly strengthen the overall planning position of the site, they are not, in themselves, sufficient to justify the development. The gun dog training facility must still be acceptable in terms of the requirements of Policy 8 and Policy 29, including matters of scale, environmental impact, landscape fit, traffic generation and compatibility with surrounding land uses. Those matters are addressed below. 54 On balance, it is considered that the principle of a rural business use of this nature, in this location, is consistent with the strategic direction of national and local planning policy. The proposal represents a form of rural economic activity that is appropriately sited, makes functional use of a previously disturbed site, and benefits from a location that combines rural characteristics with reasonable accessibility. Subject to detailed consideration of specific impacts, the proposal can therefore be regarded as acceptable in principle under Policy 8 of the Local Development Plan and Policy 29 of National Planning Framework 4. 55 The proposed residential accommodation associated with the operation raises separate policy considerations and will be assessed independently under the Housing in the Countryside policy framework below. Its acceptability does not automatically flow from the acceptability of the rural business use. Principle of On‑Site Accommodation/Housing 56 The application includes provision for five residential units, indicated as being associated with the proposed wider gun dog training and other facilities. As detailed in the supporting information, this comprises: two 2‑bed cottages, two 3‑bed cottages, and a 1‑bed flat located within the puppy kennel building. All are Page 142 of 212
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to be for staff use only and explicitly linked to the operation of the business. 57 The acceptability of the proposed accommodation must be assessed primarily against Policy 19: Housing in the Countryside of LDP2 and the associated Housing in the Countryside Supplementary Guidance (SG). Section 3.3 of the SG provides for housing associated with a proposed or expanded economic activity where it can be demonstrated that such accommodation is necessary for the operation, management or sustainability of the business, reflecting a broader policy objective of supporting rural employment, growth and diversification. This approach is broadly consistent with the national policy framework set out in NPF4, in particular Policy 17: Rural Homes, which supports housing in rural areas where it is demonstrably linked to and required for the operation of a rural business or economic activity, thereby reinforcing the principle of supporting sustainable rural development. 58 In this case, the proposed accommodation is directly related to the operational requirements of the gun dog training facility. The applicant has identified a clear functional need for an on‑site staff presence to support site security, animal welfare, veterinary oversight and the supervision of puppies, including overnight monitoring. Given the nature of the use, the welfare requirements of animals, and the scale of the operation proposed, it is considered reasonable that staff accommodation should be provided on site rather than relying on off‑site housing in nearby settlements. Furthermore, the facility is intended to accommodate staff and trainees attending for relatively short, intensive periods of training. This reinforces the need for on‑site accommodation, as it reduces the need for regular travel to and from the site and ensures that personnel can be readily available as required, thereby supporting both the efficient operation of the facility and the welfare of the animals. 59 The rural location of Craigrossie Quarry further reinforces this position. The site is located a reasonable distance from Auchterarder/Aberuthven and is not well served by public transport, particularly outside normal daytime hours. In this context, reliance on off‑site accommodation would raise practical concerns in terms of response times, staff availability, night‑time supervision and overall site security, while also increasing unsustainable travel patterns. The provision of accommodation on site therefore supports the efficient and responsible operation of the business. 60 The scale of accommodation proposed—five units in total—is considered proportionate to the size and functional needs of the operation as described. The inclusion of a dedicated flat within the puppy kennel building specifically to enable overnight supervision further demonstrates that the accommodation is operationally driven rather than speculative or residential in nature. Importantly, the units are intended solely for occupation by staff employed at the Dog Ranch, with their use tied to the business through tenure and title arrangements which can be secured via a Section 75 legal agreement. 61 On this basis, it is considered that the proposed on‑site accommodation satisfies the intent and requirements of Policy 19 of LDP2 and 17 of NFP4, insofar as it Page 143 of 212
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constitutes housing associated with a rural economic activity and supports the growth, diversification and sustainable management of that enterprise. The provision of on‑site housing of the scale proposed is therefore considered acceptable in principle. 62 An assessment of the design, form, siting and landscape impact of the proposed accommodation and other development is assessed below. Use of Wider Quarry Site 63 The application relates specifically to the defined red line boundary of approximately 1.9 hectares, which contains the proposed built development, associated access, parking areas and the enclosed outdoor dog park. The wider Craigrossie Quarry site, although intended to see ownership transferred to the applicant, if planning permission is granted, lies out with this defined area. Notwithstanding this, the supporting Planning Statement confirms that the restored quarry landscape—comprising grassland, lochans and woodland—will be utilised on a limited and ancillary basis for dog exercise and training activities. This use is described as low intensity and incidental to the primary operation, with no material change of use proposed for these areas, which will continue to function as restored agricultural and natural land managed through grazing and habitat creation. 64 The Council will retain the right to a future review of the extent and nature of activities taking place within the wider quarry area, should planning permission be granted, in order to ensure that the use remains ancillary to any approved development. Should the level or intensity of use extend beyond that described, or constitute a material change of use of the wider site/quarry, it may be necessary for the applicant to submit a further planning application to consider that more intensive use. Design and Layout 65 Generally, the design and scale of development should respect its surroundings and adhere to Policies 1A and 1B of LDP2, which relate to placemaking, alongside Policy 14 of NPF4 which seeks to deliver well-designed development. Further guidance is also provided within the associated Placemaking Supplementary Guidance. 66 The layout is arranged as a series of clearly defined building groups, reflecting both functional requirements and a rural settlement pattern. Staff and student accommodation is positioned at the site entrance to provide an active frontage and natural surveillance, while the main operational buildings, including reception, training facilities, veterinary practice and kennels, are clustered further to the north-east within an existing hardstanding area of the quarry to form the core of the development and allow for efficient day-to-day operation. Ancillary and service buildings are located in close proximity to support these uses. These arrangements reflect the established position of the site access. The wider quarry site is predominantly given over to landscape restoration, including new Page 144 of 212
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woodland planting and open areas, with existing vegetation retained and reinforced to provide enclosure and assist integration into the surrounding countryside. 67 However, it is noted that the submitted plans provide only limited detail in respect of the finalised layout, particularly in relation to detailed parking arrangements, servicing, and the precise extent and treatment of garden ground associated with the residential elements. Given the scale of the site and the evolving nature of the proposals, this level of detail is not considered sufficient. 68 Notwithstanding this, it is considered that the overall development framework is acceptable and capable of delivering an appropriate outcome. Furthermore, given the existing condition of the site as an operational quarry and the associated visual impact, there is an opportunity for significant environmental improvement through restoration and redevelopment. In this context, it is considered both reasonable and proportionate to address these detailed design matters through condition (Condition 12), requiring the submission of a more detailed layout plan for the approval of the Planning Authority prior to development taking place on the relevant parts of the site. 69 A key aspect of the proposal is the accelerated restoration of the former quarry, with all quarrying activities ceasing and the site being restored significantly earlier than previously envisaged, thereby establishing an appropriate landscape framework within which the development will sit. The buildings proposed across the site are of a simple and utilitarian form, reflecting their operational function and drawing on rural and agricultural building typologies, with materials such as timber cladding and anthracite grey metal cladding to both walls and roofs. The staff accommodation and housing adopts a similarly simple design with pitched roof forms, which is considered appropriate for the location. 70 In landscape terms, the site benefits from a degree of natural containment, including existing woodland to the north and the enclosing landform of the quarry, such that views from the wider area are limited, with the main receptors being the adjacent railway line and elevated positions within the Ochil Hills to the south. Taking all of these factors into account, and subject to the submission and approval of a more detailed layout as noted above, it is considered that the overall design, scale and layout of the development, alongside the accelerated restoration of the quarry, are appropriate to the character of the site and its surroundings and would not result in any unacceptable visual impact. Noise and Residential Amenity 71 The proposed development has the potential to give rise to noise impacts, given the use – primarily a gun dog training and kennelling facility. Noise and residential amenity impact must be 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. Page 145 of 212
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72 The proposal has the potential to generate noise from a range of sources, most notably dogs barking, in addition to general operational activity associated with training sessions, staff movements and vehicle activity within the site. Dog barking is inherently intermittent, impulsive and capable of carrying over long distances, and therefore requires a robust assessment which reflects how the site would operate in practice, including the number of dogs present, the frequency and duration of training sessions, and the spatial distribution of activities across the site. 73 An initial Noise Impact Assessment (NIA) was submitted in support of the application but was reviewed by the Council’s Environmental Health service and considered to require additional content. In particular, the assessment had not been undertaken in accordance with BS 4142, no background noise monitoring had been carried out, and insufficient information had been provided on the operational characteristics of the proposal, including the maximum number of dogs involved in training sessions/lessons. The assessment also failed to adequately consider the intermittent nature of barking noise or assess noise generation with reference to the use of individual areas of the site. 74 In addition, it was considered by EH colleagues that reliance on noise from the operational quarry as part of the baseline or context was not appropriate, as quarrying is unrelated to the proposed use and is intended to cease. The assessment therefore required to refocus solely on noise arising from the gun dog training facility itself. As a result, an updated NIA was submitted, the findings of which are considered below. 75 The updated NIA was informed by background noise monitoring undertaken at two representative locations over a defined survey period and assessed impacts at the four nearest noise‑sensitive receptors. Operational noise data was derived from measurements taken at the applicant’s existing gun dog training facility, supplemented where necessary by recognised acoustic data sources. The assessment considered a range of noise sources associated with the proposal, including kennel activity, external training exercises, dog barking, staff activity and fixed plant, as well as potential noise breakout from buildings using acoustic modelling. 76 The assessment adopted a precautionary approach, including the application of an acoustic correction to account for the potentially impulsive nature of dog barking. Predicted noise levels at all assessed residential receptors were found to be significantly below prevailing background sound levels (which include road and rail traffic) during both daytime and night‑time periods. On this basis, Environmental Health concluded that the proposed development would result in a low noise impact and would not give rise to unacceptable effects on residential amenity. 77 Environmental Health therefore raised no objection in respect of noise, subject to conditions (Conditions 4, 5, 6 and 7). These include controls on noise from plant and equipment, limits on operational noise relative to background levels, Page 146 of 212
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requirements for sound insulation to kennel buildings, restrictions on servicing and maintenance hours, and a mechanism for further noise assessment and mitigation should justified complaints arise. These conditions are considered necessary to ensure continued protection of residential amenity in accordance with the development plan and national planning policy. Traffic and Access 78 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. The Council’s Transport and Development team has confirmed that, subject to conditions (Conditions 3 and 12), the proposal raises no objection in transport terms. The assessment recognises that the existing quarry use generates significant HGV movements and that the proposed development would result in a different, and more dispersed, traffic profile, which has been considered acceptable for the local road network. On‑site staff accommodation, together with a managed approach to student travel, are material factors in reducing commuting trips, consistent with the sustainable travel hierarchy promoted by Policy 13 of NPF4. Students are expected to initially arrive into the local area by coach, with drop‑off at a central location within Auchterarder, before onward transfer to the site. This arrangement is supported by the provision of on‑site student accommodation, which minimises the need for repeated daily travel. Adequate parking provision, including EV charging and coach turning facilities, is proposed, and the vehicular access can be delivered to adoptable standards in accordance with the National Roads Development Guide. Importantly, the site lies immediately south of the consented Shinafoot junction improvements to the A9, and the submitted layout safeguards the necessary land and does not prejudice or constrain the delivery or future operation of that proposed junction. Transport Scotland has confirmed that it does not propose to advise against the granting of planning permission. On this basis, and subject to appropriate conditions, the proposal is considered to comply with the requirements of Policy 60B of the LDP2 and NPF4 Policy 13. Drainage 79 The proposal is to provide a private foul and surface water drainage solution. The principle of utilising private drainage infrastructure is acceptable in planning terms and 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, 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 designed to treat Page 147 of 212
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both domestic wastewater and operational flows associated with the kennel use, including washdown and veterinary facilities, with treated effluent discharged in a controlled manner and subject to regulatory approval. 80 Surface water is to be managed through a sustainable drainage (SuDS) approach, with runoff from roofs and hardstanding directed to an underground storm crate attenuation system providing both attenuation and partial infiltration. Flows are controlled to greenfield runoff rates via a flow restriction device, with exceedance managed through an overflow to an existing pond. Pre-treatment measures including silt traps and filter drains are incorporated to ensure adequate water quality treatment in line with CIRIA SuDS guidance and SEPA requirements. The drainage design is considered sufficient to address any localised surface water issues arising from the former quarry topography. Overall, the drainage strategy accords with relevant technical standards and demonstrates that the development can be adequately drained without giving rise to flood risk or adverse environmental effects. Flood Risk 81 The Council’s Flooding Team advised that, due to the known history of significant fluvial flooding affecting the B8062, in the vicinity of the site access, a Flood Risk Assessment (FRA) was required, together with a Drainage Impact Assessment given that the proposal exceeds the relevant impermeable area thresholds. These additional submissions have been provided in the form of a Flood Risk Review (April 2026) and the Fairhurst FRA for the adjacent Shinafoot Junction. This information confirms that flooding in the area is primarily associated with the Pairney Burn and Ruthven Water, with modelling demonstrating that the B8062 can be overtopped during extreme events, with flood depths of up to approximately 0.5m in a 1 in 200 year event plus climate change. However, this flooding is largely confined to sections of the road to the northwest of the proposed access, with ground level at the site access itself shown to remain above the design flood level. The review further confirms that the site is not at risk of fluvial flooding due to a significant level difference up from the road, and that only localised surface water ponding may occur, which can be addressed through reprofiling and drainage design. Importantly, the submitted assessments confirm that the proposal accords with the Council’s established position that development should not exacerbate existing flooding conditions on the B8062, with modelling and assessment demonstrating a neutral or negligible impact on flood risk elsewhere. Mitigation measures, including the preparation of a Flood Action Plan and connection to SEPA’s flood warning system, are also proposed to ensure user safety during extreme events. On this basis, and following review of the submitted information, the Flooding Team raise no objection to the proposal. The development is therefore considered, subject to condition (Condition 11) to comply with Policy 52 (New Development and Flooding) of the Perth and Kinross Local Development Plan 2 and Policy 22(f) of National Planning Framework 4. Page 148 of 212
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Ecology 82 Given the site’s established use as an operational sand and gravel quarry, together with its history of ongoing mineral extraction and disturbance, the land is considered to be of low ecological and biodiversity value. This conclusion is supported by the Preliminary Ecological Survey, which confirms that the working quarry itself is of negligible ecological value, with only small areas of poor semi‑improved grassland (low value) and peripheral planted broadleaved woodland (moderate value) present. While sand martins are known to utilise the wider quarry for nesting within exposed faces, the development proposed under this application is confined to the more active part of the quarry where levels of disturbance and built development are already high and where there are no existing excavations. As such, any impact on sand martins is considered to be negligible. 83 The survey identified no significant ecological constraints, with a low to negligible likelihood of protected species being present or adversely affected by the proposals. Notwithstanding this, appropriate safeguards can be secured by condition, including measures to ensure that any excavations or temporary works incorporate suitable escape provisions for mammals. (Condition 13) 84 In this context, it is considered that the level of ecological assessment undertaken is proportionate to the site’s limited baseline interest. Notwithstanding this, the proposals incorporate a range of mitigation and enhancement measures, including the retention and expansion of existing woodland, native planting, and the creation of species‑rich grassland and habitat features. These measures are expected to deliver a net enhancement in biodiversity across the site over time. 85 These mitigation and enhancement measures will be secured and delivered as part of the wider restoration strategy for the quarry, in accordance with the approved restoration framework under application ref. 19/01927/MWM, ensuring that biodiversity benefits are realised in a coordinated and comprehensive manner across the wider site. Developer Contributions Education Infrastructure 86 In terms of education infrastructure, the proposal has been assessed against the Council’s Developer Contributions Supplementary Guidance, which requires financial contributions towards primary school capacity where schools are subject to constraint. The site falls within the catchment of Auchterarder Primary School, where a capacity constraint has been identified. The development includes four dwellinghouses, one flat and student accommodation; however, it is accepted that the student accommodation would not likely place additional pressure on primary education provision. Notwithstanding this, initial consultation identified that a developer contribution may be required in respect of the residential units, subject to their tenure. Further information was subsequently sought from the applicant regarding the status of the proposed staff accommodation, including Page 149 of 212
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details of occupancy, management and rental arrangements. The submitted supplemental statement confirms that the five units are to be retained in single ownership, are tied to employment at the Dog Ranch, are not available on the open market and are to be provided as part of staff remuneration, effectively constituting employment-linked mid-market rental accommodation. Following review of this information and discussion with the Council’s Affordable Housing Officer, it is accepted that the units can reasonably be regarded as affordable housing in terms of Policy 20 of the LDP2 and NPF4 definitions. On that basis, and subject to appropriate controls to secure their occupation and tenure via a legal agreement, no Primary Education developer contribution is required, and the proposal is considered to comply with the relevant requirements of the Supplementary Guidance. A9 Junction Improvements 87 In terms of A9 junction improvements, the proposal has again been assessed against the Council’s Developer Contributions Supplementary Guidance, here in relation to the Auchterarder A9 Junction improvements. While the site lies within the Auchterarder and wider Strathearn housing market area where contributions would normally be sought towards junction upgrades, the guidance confirms that such requirements may not apply where development reduces the need to travel, for example through the provision of local employment. In this case, the application involves both the cessation of existing quarry operations and the redevelopment of the site for a dog training and boarding facility, including associated staff and student accommodation. When considering the net impact, it is noted that the current quarry generates regular HGV movements, whereas the proposed development would result in a different trip profile, with on-site staff accommodation reducing commuting requirements and students anticipated to arrive by coach. Furthermore, the proposal involves the relocation of an existing business from a more remote location, thereby providing local employment opportunities and reducing overall travel demand. Having regard to these factors and following discussions with the Council’s Developer Contributions Officer, it is considered that the development would not give rise to a net increase in traffic requiring mitigation at the A9 junction and would, overall, reduce the need to travel. Accordingly, an A9 Junction Improvement developer contribution is not required in this instance. Affordable Housing 88 Policy 20 of the LDP2 and the associated Supplementary Guidance refers to affordable housing and require the provision of affordable housing as part of qualifying residential developments. The proposal includes five residential units which were initially subject to scrutiny to determine whether they would trigger an affordable housing requirement or necessitate a commuted sum. As set out above in relation to education infrastructure, further information was sought from the applicant on the tenure and operation of these units. The submitted supporting information confirms that all five units are effectively form employment-linked mid-market rental accommodation. Following review of this information, and in consultation with the Council’s Affordable Housing Officer, it is Page 150 of 212
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accepted that the units meet the definition of affordable housing under Policy 20 and NPF4. On that basis, the proposal is considered to deliver 100% affordable housing on site, and therefore fully satisfies the requirements of Policy 20 without the need for any additional provision or commuted sum, subject to appropriate controls being secured through a legal agreement to ensure the units remain as affordable, employment-linked accommodation in perpetuity. Restoration Works to Quarry 89 The accelerated restoration works for Craigrossie Quarry are proposed to be secured through the revised plans submitted under application reference 19/01927/MWM. These revised restoration details, including the accelerated programme for the cessation of extraction and site reinstatement, are not determined as part of the current application but will instead be assessed separately under application 19/01927/MWM, which is also reported to this Committee. 90 It is important to note that the application site for the proposed dog ranch relates to a relatively small part of the overall quarry (1.9 hectares within a wider 21.7 hectare site) and is located on an existing area of hardstanding currently occupied by buildings, machinery and car parking. As such, this part of the quarry does not require significant restoration in its own right. Given both the limited extent of the red line boundary and the nature of the land within it, it would not be appropriate or reasonable to seek to secure the restoration of the wider quarry through the present application and this instead requires to be secured through application 19/01927/MWM. 91 Members will recall that application 19/01927/MWM was previously presented to the Planning and Placemaking Committee in March 2020 with a recommendation for approval, which was accepted, subject to conditions and the provision of a financial bond to secure restoration of the site. However, despite ongoing efforts by the Planning Authority, it was not possible to reach agreement with the applicant at that time on the necessary bond arrangements, and the application has therefore remained undetermined. Concerns have therefore persisted regarding the delivery of the overall reinstatement and restoration of the quarry. 92 The submission of revised restoration proposals under application 19/01927/MWM, alongside the involvement of a new party with an interest in the site, provides an opportunity to secure a clear, deliverable and accelerated restoration strategy for the wider quarry. That restoration can be undertaken around the proposed Dog Ranch use. For these reasons, it is essential that the accelerated restoration of the quarry is secured explicitly through application 19/01927/MWM, rather than through the current application. The separate consideration of these proposals ensures there is no ambiguity regarding the restoration strategy, while enabling each application to be assessed on its own merits. The proposed accelerated restoration works are considered appropriate, as detailed within the separate committee report. Page 151 of 212
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Private Water 93 The site is proposed to be served by a private water supply via a new borehole, which is considered to be acceptable given the rural location of the development and the absence of a public mains connection. The Council’s Private Water Supply Team has been consulted and advise that the supply will require to be registered with them to enable appropriate monitoring of water quality. To ensure that the proposed water supply is suitable for its intended use and maintained to an appropriate standard, a planning condition (Condition 10) and associated informative (Informative 7) are recommended requiring the submission of details, registration of the supply, and ongoing compliance with relevant regulatory requirements. 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. Further, NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ requires that development should be designed to reduce greenhouse gas emissions. In this instance, the proposal incorporates a range of integrated low‑carbon measures including roof‑mounted solar photovoltaic (PV) panels and air source heat pumps serving the principal buildings and accommodation, alongside a fabric‑first approach to building design. These technologies are identified within the supporting Planning and Design & Access Statements as enabling the development to exceed the 10% CO₂ emissions reduction requirement set by Scottish Building Standards. The proposal therefore complies with the relevant policies and no condition is considered to be required. Light Pollution 95 The proposed development has been assessed in respect of potential light pollution, having regard to Policy 55 (Lighting) of the Perth and Kinross Local Development Plan 2 and Policy 23 (Health and Safety) of National Planning Framework 4, both of which seek to ensure that external lighting does not result in obtrusive or intrusive impacts on neighbouring receptors, the rural environment or ecological interests. In this instance, the submitted details indicate that lighting will be limited in extent and primarily associated with low‑level, sensor‑controlled fittings to serve operational and safety requirements. Notwithstanding this, in order to ensure full compliance with the policy framework, it is considered necessary to attach a planning condition (Condition 9) requiring that all external lighting is appropriately designed, positioned and angled to prevent light spillage beyond the application site boundary. Subject to the imposition of this condition, it is considered that the proposal will not give rise to unacceptable light pollution and accords with the requirements of LDP2 Policy 55 and NPF4 Policy 23. Page 152 of 212
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Contaminated Land 96 The Council’s Contaminated Land Team has been consulted and has advised that a site investigation is required to assess ground conditions and ensure the land is suitable for the proposed use, having regard to its former quarry use (Condition 2). This approach accords with Policy 58A (Contaminated Land) of the Perth and Kinross Local Development Plan 2 and Policy 9(c) of National Planning Framework 4, which require that development is not adversely affected by contamination and that appropriate investigation and mitigation measures are secured. Economic Impact 97 The proposed Dog Ranch and associated gundog training facility would deliver clear and measurable economic benefits for the local area through both direct job creation and wider rural diversification. As set out in the Planning Statement, the expansion of the established Mordor Gundogs enterprise—an internationally recognised business would increase employment numbers from its current base which employs 13 people to over 30 full-time positions, creating at least 17 new permanent jobs across specialist roles including animal welfare, training, veterinary services and administration. This growth will not only provide meaningful employment opportunities for local residents but also support skills development through associated veterinary training programmes and educational partnerships. In addition, the facility will attract clients, students and visitors from across the UK and internationally, generating expenditure within the local economy and supporting secondary businesses such as accommodation, transport and services, consistent with the supporting Design and Access Statement which highlights the enterprise’s international reach and role in education and training. The development therefore represents a significant form of rural economic diversification, contributing to a more resilient local economy by introducing a high-value, year-round business use on a restored brownfield site, in line with national and local policy objectives to support sustainable economic growth in rural areas. 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 plan to accommodate the drainage system and minor amendments to the planning and design and access statement. Planning Obligations and Legal Agreements 99 A legal agreement is required to secure the occupation and tenure of the proposed residential units as employment‑linked affordable housing, ensuring they remain tied to the operational needs of the development and are not released to the open market. This mechanism is necessary to underpin the justification for waiving developer contributions, particularly in relation to Page 153 of 212
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education infrastructure, and to ensure the development continues to comply with relevant Development Plan policies and supplementary guidance over the long term. 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 the application subject to a legal agreement and 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 hereby approved development shall not commence on site until an evaluation for the potential of the site to be affected by contamination by a previous use has been undertaken and, as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been submitted for consideration and accepted by the Council as Planning Authority. If the preliminary risk assessment identifies the need for further assessment, an intrusive investigation shall be undertaken to identify; i. the nature, extent and type(s) of contamination on the site ii. measures to treat/remove contamination to ensure the site is fit for the use proposed iii. measures to deal with contamination during construction works iv. condition of the site on completion of decontamination measures. Page 154 of 212
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Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason: In order to deal with any potential contamination of the site as a result of its former use. 3. 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 E Figure 5.8 access detail, of Type C Road construction detail. Reason: In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 4. 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 the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 5. Noise from operations on site shall not exceed 5dBA above the L90 background level expressed as LAeq (1 hour) (0700-2300 hours) and LAeq (15 minutes) (2300-0700 hours), 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: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 6. 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 4 and 5 above. The assessment shall 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 4 and 5, 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: In the interests of residential amenity and to ensure ongoing compliance with noise control conditions. Page 155 of 212
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7. The sound insulation and sound transmission properties of all buildings hereby approved shall be such that any airborne noise from the operations within the premises does not constitute a statutory noise nuisance as determined by the Local Planning Authority. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 8. Servicing or maintenance at the site shall be carried out between 0800 and 1900 Monday to Saturday only. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 9. 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. 10. Prior to the commencement of the development hereby approved, details of the location and measures proposed for the safeguarding and continued operation, or replacement, of any septic tanks and soakaways, private water sources, private water supply storage facilities and/or private water supply pipes serving properties in the vicinity, sited within and running through the application site, shall be submitted to and approved in writing by the Council as Planning Authority. The subsequently agreed protective or replacement measures shall be put in place prior to the commencement of the development being brought into use and shall thereafter be so maintained insofar as it relates to the development hereby approved. Reason: To ensure the new development has an adequate and consistently wholesome supply of water and to maintain water quality and supply in the interests of residential amenity and ensure the private water supply or septic drainage systems of neighbours of the development remain accessible for future maintenance. 11. Prior to the commencement of development, a Flood Action Plan shall be submitted to and approved in writing by the Planning Authority. The Flood Action Plan shall identify potential flood risks affecting access to and from the site as detailed within the approved Flood Risk Assessment (doc ref:34) including flooding of the surrounding road network, and set out appropriate mitigation, management and emergency procedures. The approved Flood Action Plan shall thereafter be implemented in full and remain in place for the duration of the use of the site, Page 156 of 212
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Reason: To ensure that flood risk is appropriately managed, particularly in relation to site access and the surrounding road network, in the interests of public safety and in accordance with relevant flood risk and drainage policies. 12 Prior to the commencement of the development hereby approved, a detailed layout plan shall be submitted to and approved in writing by the Planning Authority. The plan shall include: • the precise siting and arrangement of all buildings; • detailed parking and turning areas, including servicing arrangements; • the extent, layout and treatment of all private and communal garden ground of residential properties; • boundary treatments; and • hard and soft landscaping proposals, including species, planting densities and implementation programme. The development shall thereafter be carried out in accordance with the approved details. Reason: In the interests of securing a satisfactory standard of design, layout, landscaping and residential amenity in accordance with Policies 1A and 1B of LDP2 and Policy 14 of NPF4. 13. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the restoration works. 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 150mm 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. Procedural Notes Permission shall not to be issued until the Section 75 Agreement has been signed and registered to take account of this application. The legal agreement should be concluded and completed within 4 months of the date of any Committee approval. Failure to conclude a legal agreement within 4 months will result in the planning application being re-assessed through failing to comply with the associated developer contributions policy and may be ultimately recommended for refusal under delegated powers Page 157 of 212
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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 work shall be commenced until an application for building warrant has been submitted and approved. 4. 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. 5. Lighting cable beneath access to be lowered and twin-wall ducted. Contact Perth & Kinross Council Street Lighting department for further details. 6. 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. 7. 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. Detailed information regarding the private water supply, including the nature, location and adequacy of the source, any storage tanks/ pipework and the filtration and disinfection treatment proposed to ensure provision of an adequate and consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above Act and Regulations. 8. 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 38 of the Development Management Procedure (Scotland) Regulations 2008.The form of the notice is set out in Schedule 7 of Page 158 of 212
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the Regulations and a draft notice is included for your guidance. According to Regulation 38 the notice must be: • Displayed in a prominent place at or in the vicinity of the site of the development. • Readily available to the public • Printed on durable material. Background Papers Letters of representation 1 Authors Name Designation Contact Details John Williamson Planning Officer 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Kristian Smith Service Manager 23 June 2026 Page 159 of 212
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¯ Change of use of quarry to gun dog training centre, erection of kennels, veterinary practice , reception building, indoor arena, maintenance buildings, staff and student accommodation, installation of PV and ASHP and associated works 26/00045/FLL Scale 1:10,000 Planning and Placemaking Committee – 8 July 2026 © 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. 5(2)(i) Page 161 of 212
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¯ Change of use of quarry to gun dog training centre, erection of kennels, veterinary practice , reception building, indoor arena, maintenance buildings, staff and student accommodation, installation of PV and ASHP and associated works 26/00045/FLL Scale 1:5,000 Planning and Placemaking Committee – 8 July 2026 © 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. 5(2)(i) Page 163 of 212
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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. 5(2)(ii) Page 165 of 212
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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; Page 166 of 212
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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: Page 167 of 212
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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: Page 168 of 212
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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. Page 169 of 212
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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. Page 170 of 212
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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. Page 171 of 212
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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. Page 172 of 212
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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 Page 173 of 212
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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 Page 174 of 212
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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. Page 175 of 212
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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 Page 176 of 212
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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. Page 177 of 212
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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 Page 178 of 212
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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 Page 179 of 212
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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. Page 180 of 212
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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 Page 181 of 212
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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. Page 182 of 212
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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 Page 183 of 212
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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. Page 184 of 212
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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 Page 185 of 212
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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 Page 186 of 212
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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 Page 187 of 212
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¯ Erection of 8 holiday accommodation units and associated works 25/01794/FLL Scale 1:15,000 Planning and Placemaking Committee – 8 July 2026 © 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. 5(2)(ii) Page 189 of 212
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¯ Erection of 8 holiday accommodation units and associated works 25/01794/FLL Scale 1:5,000 Planning and Placemaking Committee – 8 July 2026 © 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. 5(2)(ii) Page 191 of 212
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Perth and Kinross Council Planning and Placemaking Committee - 8 July 2026 Pre-Application Report by Development Management and Building Standards Service Manager (Report No. 26/209) Proposal: Residential development and associated works Location: Land 100 metres west pf 28 Strathmore Terrace, Alyth, Blairgowrie, PH11 8DP Ref. No: 26/00005/PAN Ward No: P2 - Strathmore Summary This report is to inform the Committee of a potential forthcoming planning application in respect of a major development for a residential development and associated works on land 100 Metres West Of 28 Strathmore Terrace, Alyth, Blairgowrie, PH11 8DP. 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 1 May 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 a residential development on land 100metres West of 28 Strathmore Terrace, Alyth. The site is within the settlement boundary of Alyth in the Perth & Kinross Local Development Plan 2 (2019). The site is not allocated although is immediately adjacent the H59 housing allocation. Pre-application reports give the Committee an opportunity to raise issues which it would like to see addressed in the planning application. 2. 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. 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. 6(i) Page 193 of 212
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Pre-Application Process 4. The PoAN (reference 26/00005/PAN) confirmed that a public exhibition will be held at Alyth Community Hall, Albert Street, Alyth, PH11 8AX. The first event was held on 25 May 2026 between 3:30pm and 7:30pm and the second event will be held on Thursday 2 July 2026 between 3.30pm and 7.30pm. The Ward Councillors and Alyth 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 crises • Policy 2: Climate mitigation and adaptation • Policy 3: Biodiversity • Policy 4: Natural places • Policy 5: Soils • 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 • Policy 16: Quality homes • Policy 18: Infrastructure first • Policy 20: Blue and green infrastructure • 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. Page 194 of 212
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10. The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: 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 24: Maintaining an Effective Housing Land Supply • Policy 25: Housing Mix • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 39: Landscape • Policy 40: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 51: Soils • 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 58A: Contaminated and Unstable Land: Contaminated Land • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 11. • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2020) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) PKC Non-Statutory Guidance 12. 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 Page 195 of 212
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National Guidance 13. 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 14. The following Scottish Government Planning Advice Notes are likely to be of relevance to the proposal: • PAN 65 Planning and Open space Planning Site History 15. 07/01505/FUL Full Planning Permission was Approved on 7 February 2008 for the erection of 34 detached two storey dwellings and associated site works 16. 07/02789/ADV Advertisement Consent was Approved on 19 February 2008 for the display of a sign 17. 08/01240/FUL Full Planning Permission was Approved on 16 July 2008 for the change of house types on plots 101, 102 and 103 (approved as plots 25, 26 and 27). Consultations 18. As part of the planning application process the following would be consulted: External • Scottish Water • Perth and Kinross Heritage Trust • Alyth Community Council Internal • Environmental Health • Development Plans • Development Contributions Officer • Community Greenspace including Access • Transportation and Development • Structures and Flooding • Waste Services • Biodiversity Officer Key Issues Against Which a Future Application Will Be Assessed 19. The key considerations against which the eventual application will be assessed include: Page 196 of 212
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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. Tourism and economy j. Impact on agriculture k. Archaeology and cultural heritage Additional Statements Which Will Be Required 20. 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 • Transport Assessment • Flood Risk and Drainage Assessment • Tree and Woodland Survey • Habitat Survey • Archaeological Assessment Conclusion and Recommendation 21. 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 Sean Panton Team Leader (Major Applications and Enforcement) developmentmanagement@pkc.gov.uk Approved Name Designation Date Kristian Smith Service Manager (Development Management and Building Standards) 9 June 2026 Page 197 of 212
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¯ Residential development and associated works 26/00005/PAN Scale 1:10,000 Planning and Placemaking Committee – 8 July 2026 © 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. 6(i) Page 199 of 212
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¯ Residential development and associated works 26/00005/PAN Scale 1:5,000 Planning and Placemaking Committee – 8 July 2026 © 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. 6(i) Page 201 of 212
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Perth and Kinross Council Planning and Placemaking Committee - 8 July 2026 Pre-Application Report by Development Management and Building Standards Service Manager (Report No. 26/210) Proposal: Erection of an office building, formation of access and parking area and associated works Location: Land 880 metres north of Bertha Park Farm, Perth, PH1 3EQ Ref. No: 26/00006/PAN Ward No: P5 - Strathtay Summary This report is to inform the Committee of a potential forthcoming planning application in respect of a major development for the erection of an office building, formation of access and parking area and associated works on land 880metres North of Bertha Park Farm, Perth, PH1 3EQ. 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 22 May 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 an office building, formation of access and parking area and associated works on land 880metres North of Bertha Park Farm, Perth, PH1 3EQ. The site is within the settlement boundary of Perth in the Perth & Kinross Local Development Plan 2 (2019) and forms part of mixed use allocations MU345 and MU168. Pre-application reports give the Committee an opportunity to raise issues which it would like to see addressed in the planning application. 2. 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. Environmental Impact Assessment (EIA) 3. The development is considered an EIA development under the EIA 2017 Regulations. A Scoping Request has been submitted (26/00553/SCOP) to 6(ii) Page 203 of 212
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establish the exact detailing required as part of the EIA submission. This Scoping Request was responded to by the Council as Planning Authority on 2 June 2026. Pre-Application Process 4. The PoAN (reference 26/00006/PAN) confirmed that two public exhibitions will be held at the Bertha Park Community Hub, 15 Adamson Avenue, Perth, PH1 0AL. The first event on 17 June 2026 between 2pm and 7pm and the second event on 26 August 2026 between 2pm and 7pm. The Ward Councillors, MSP’s, MP, Scone and District Community Council, and Luncarty, Redgorton and Moneydie Community Council have all 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 crises • Policy 2: Climate mitigation and adaptation • Policy 3: Biodiversity • Policy 4: Natural places • Policy 5: Soils • 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 • Policy 18: Infrastructure first • Policy 20: Blue and green infrastructure • Policy 22: Flood risk and water management • Policy 26: Business and industry Page 204 of 212
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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. 10. The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 7B: Employment and Mixed Use Areas: Mixed-Use Sites • 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 24: Maintaining an Effective Housing Land Supply • Policy 25: Housing Mix • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 39: Landscape • Policy 40: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 47: River Tay Catchment Area • Policy 50: Prime Agricultural Land • Policy 51: Soils • 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 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 11. • Supplementary Guidance - Air Quality (adopted in 2020) • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2020) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Page 205 of 212
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• Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) PKC Non-Statutory Guidance 12. 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 13. 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 14. 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 of Relevance 15. 15/01112/IPM - Residential development with community facilities, employment land, open space, landscaping and associated infrastructure (in principle) – Application Approved 16. 18/01800/IPM - Application under Section 42 of the Town and Country Planning (Scotland) Act 1997 to amend condition 1 (timescales for submission of Approval of Matters Specified by Conditions applications) and condition 2 (phasing of development) of planning permission 15/01112/IPM (residential development with community facilities, employment land, open space, landscaping and associated infrastructure (in principle)) – Application Approved 17. 26/00553/SCOP - On 2 June 2026 for Erection of an office building, formation of vehicular parking, installation of EV charging units, sustainable drainage systems, erection of security fencing, landscaping and associated works. Consultations 18. As part of the planning application process the following would be consulted: Page 206 of 212
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External • Scottish Water • Transport Scotland • Perth and Kinross Heritage Trust (PKHT) • Historic Environment Scotland (HES) • Scottish Environment Protection Agency Internal • Environmental Health (Odour and Noise) (Contaminated Land) • Development Plans • Development Contributions Officer • Transportation and Development • Structures and Flooding • Waste Services • Biodiversity Officer • Community Greenspace including Access • Economic Development Key Issues Against Which A Future Application Will Be Assessed 19. 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. Impact on agriculture k. Archaeology and cultural heritage l. Connection to active travel routes Additional Statements Which Will Be Required 20. The following documents should be submitted with any planning application: • Planning Statement / Design and Access Statement • Pre-Application Consultation (PAC) Report • Transport Assessment • Construction Traffic Management Plan • Travel Plan (including linkages to active travel routes) • Flood Risk and Drainage Assessment • Landscape and Visual Impact Assessment • Tree and Woodland Survey • Habitat Survey Page 207 of 212
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• Archaeological Assessment • Sustainability Assessment • Air Quality Assessment • Noise Impact Assessment Conclusion and Recommendation 21. 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 Sean Panton Team Leader (Major Applications and Enforcement) developmentmanagement@pkc.gov.uk Approved Name Designation Date Kristian Smith Service Manager (Development Management and Building Standards) 9 June 2026 Page 208 of 212
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¯ Erection of an office building, formation of access and parking area and associated works 26/00006/PAN Scale 1:20,000 Planning and Placemaking Committee – 8 July 2026 © 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. 6(ii) Page 209 of 212
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¯ Erection of an office building, formation of access and parking area and associated works 26/00006/PAN Scale 1:10,000 Planning and Placemaking Committee – 8 July 2026 © 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. 6(ii) Page 211 of 212
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