Minute of meeting of 8 July 2026
Perth and Kinross Council · 12 August 2026
Back to Planning and Placemaking Committee — 12 August 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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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 8 July 2026 at 9.30am. Present: Councillors I Massie, G Stewart, K Allan, B Brawn, D Cuthbert, A Forbes (substituting for D Illingworth), K Harvey, I James, Bailie C McLaren and R Watters. In Attendance: S Merone, Strategic Lead - Economy, Development and Planning; L McLean, C Morilly, S Panton, L Reid and K Smith (all Economy, Development and Planning); A Brown, C Elliott and M Pasternak (all Legal and Governance). Apologies: Councillor D Illingworth and Bailie M Williamson. Councillor I Massie, Convener, Presiding. 1. Welcome and Apologies The Convener welcomed everyone present to the meeting and noted apologies as above. Members unanimously agreed to vary the order of business and consider the applications at Item 5(1)(iv) and 5(2)(i) first. 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 10 June 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. 25/01836/FLM 5(1)(i) 26/00067/FLM 5(1)(ii) 19/01927/MWM 5(1)(iv) 26/00045/FLL 5(2)(i) 25/01794/FLL 5(2)(ii)
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5. Applications for Determination (1) Major Applications (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 No. 26/206) 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. 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, 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
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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). 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
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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. 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
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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; (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.
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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. 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 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
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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. 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 16 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. 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. (2) Local Applications (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 No. 26/207) Mr M Richardson, agent, and Mr C Thornburn, applicant, addressed the committee and answered members questions.
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Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason: This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The 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. 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.
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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. 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
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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, 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
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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 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.
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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 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. (1) Major Applications (cont.) (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 No. 26/203) Mr S Panton introduced the report and advised members that if minded to approve the application, in line with the update circulated to members, it was also recommended that Condition 15 be reworded and Informatives 8, 16, 17, 18, 19 and 21 removed as they are duplicates. Mr N Linsday, applicant, addressed the committee and answered members questions.
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Resolved: Grant, subject to the following amended terms, conditions and informatives: Conditions General 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason: This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 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 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
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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 6. 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. Flooding and Drainage 7. 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 8. 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
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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 9. 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. 10. 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. 11. 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 12. 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. 13. 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. 14. Prior to the commencement of the development the applicant shall submit a Construction Environmental Management Plan (CEMP) to be submitted and agreed in
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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. The CEMP shall also include a Dust Management Plan which shall include a Dust Risk Assessment (DRA) and site- specific dust mitigations derived from outcome of DRA. There after, the agreed CEMP shall be adhered to in full for the duration of the construction period. Reason: In the interests of protecting environmental quality and biodiversity; to ensure no adverse impact on the construction environment and residential amenity. 15. 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. Fencing Details 16. 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 17. 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.
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Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. 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. The applicant is reminded that, should any protected species be present, a license may be required from
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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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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
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of design from Scottish Water and the Scottish Environment Protection Agency. 14. 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/. 15. 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. 16. 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. 17. 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. (The committee took a short recess at this point)
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(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 No. 26/204) Mr S Panton introduced the report and advised members that if minded to approve the application, in line with the update circulated to members, updated wording for condition 17, additional conditions 20 and 21 and additional informatives 18 and 19 would be required. Ms T Fletcher, applicant, addressed the committee and answered members questions. (The Committee took a short recess at this point) Motion (Councillors B Brawn and I James) Refuse, on the basis that the proposal is contrary to National Planning Framework 4 (2023), Policy 5 Soils and Perth and Kinross Local Development Plan 2 (2019), Policy 50 Prime Agricultural Land as the proposal is not on a suitable site as it involves the loss of prime agricultural land and will, by virtue of its cumulative impact with other consented developments, industrialise the area. Amendment (Councillors I Massie and G Stewart) Grant, subject to the amended terms, conditions and informatives contained in Report No. 26/204. In terms of Standing Order 21.5 a roll call vote was taken. 6 members voted for the Motion as follows: Councillors K Allan, B Brawn, D Cuthbert, A Forbes, I James and Bailie C McLaren. 4 members voted for the Amendment as follows: Councillors K Harvey, I Massie, G Stewart and R Watters. Resolved: In accordance with the Motion. (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 No. 26/205) Mr S Panton introduced the report and advised that if members are minded to approve the application a minor amendment would be
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required to condition 35 to specify that the required document is a Design and Access Statement. Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 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.
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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".
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No further development shall take place until the review has been 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
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scheme as approved shall be implemented prior to the occupation of the 100th dwellinghouse. Reason: In the interests of road safety. 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 submitted to and approved in writing by the Planning Authority in conjunction with
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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
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vehicles are not impeded; co-ordination with other significant developments known to use roads affected by construction traffic; traffic arrangements in the 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 monitoring, reporting, and updating the plan as
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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.
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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.
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• 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. • 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
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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: • 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 Design and Access Statement 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
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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 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
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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 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
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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 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,
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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 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.
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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 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
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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. 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
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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. (2) Local Applications (cont.) (ii) 25/01794/FLL - Erection of 8 holiday accommodation units and associated works, land south west of Milton of Pitcastle, Strathtay, PH9 0PJ (Report No. 26/208) Ms H Houston and Mr S Cullen, objectors to the application, and Mr G Salisbury, agent on behalf of the applicant, addressed the committee and answered members questions. (The committee took a short recess at this point) Motion (Councillor D Cuthbert and Bailie C McLaren) Refuse, on the basis that the application is contrary to the Planning (Listed Building and Conservation Areas (Scotland) Act 1997, Section 64(1); National Planning Framework 4 (2023), Policy 7d: Historic Assets and Places; and Perth and Kinross Local Development Plan 2 (2019), Policy 28A: Conservation Areas – New Development as the proposal fails to preserve or enhance Grandtully and Strathtay Conservation Area by introducing modern design built development in an open area important for the setting of that conservation area. Further, the modern design and layout does not reflect the pattern and styles within the conservation area. Amendment (Councillors I Massie and G Stewart) Grant, subject to the terms, conditions and informatives contained in Report No. 26/208. In terms of Standing Order 21.5 a roll call vote was taken. 8 members voted for the Motion as follows: Councillors K Allan, B Brawn, D Cuthbert, A Forbes, K Harvey, I James, Bailie C McLaren and R Watters. 2 members voted for the Amendment as follows: Councillors I Massie and G Stewart.
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Resolved: In accordance with the Motion. 6. Proposal of Application Notices (PoAN) (i) 26/00005/PAN - Residential development and associated works, land 100 metres west of 28 Strathmore Terrace, Alyth, Blairgowrie, PH11 8DP (Report No. 26/209) Bailie McLaren requested that consideration is given to path networks and active travel routes through the site. The contents of the Report by the Development Management and Building Standards Service Manager, were noted. (ii) 26/00006/PAN - Erection of an office building, formation of access and parking area and associated works, land 880 metres north of Bertha Park Farm, Perth, PH1 3EQ (Report No. 26/210) Councillor James requested that consideration is given to the whether the local services are sufficient for the building. The contents of the Report by the Development Management and Building Standards Service Manager, were noted.