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26/00060/Fll

Perth and Kinross Council · 9 September 2026
Back to Planning and Placemaking Committee — 9 September 2026 and its agenda

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Perth and Kinross Council 
Planning and Placemaking Committee - 9 September 2026 
Report of Handling by Development Management and Building Standards Service
Manager
(Report No. 26/242) 
Proposal: Change of use from vehicle sales forecourt to petrol filling station,
formation of wash bay, installation of communications cabinet and
associated works (part retrospective) 
Location: Cargill Autos, Main Street, Bridge of Earn, Perth, PH2 9PJ 
Ref. No: 26/00060/FLL
Ward No: P9 - Almond and Earn 
Summary 
This report recommends a conditional approval of a detailed planning application for the
change of use of a former vehicle sales forecourt area to a petrol service station, with
ancillary car care services at Cargill Autos, Bridge of Earn.  The development is
considered to comply with the relevant provisions of the Development Plan and there are
no material considerations apparent which outweigh the Development Plan. The
application is partly in retrospect. 
Background and Description of Proposal 
1 The proposal seeks to obtain detailed planning permission for the change of use of
an existing car sales forecourt area to an automated petrol sales facility on a site in
Bridge of Earn which is currently trading as Cargill’s Autos. Cargills Autos is a mix of
a regular garage offering repairs and MOTs, and car sales. Members should be fully
aware that this application relates to the change of use and ancillary developments
within the forecourt area only and does not relate to any new uses or changes to the
existing building/reception/office or the garage/car sales elements. The current
owner Cargill’s will be continuing with the activities associated with the existing
garage but has entered into a lease agreement with petrol station operator (Oilfast)
for the forecourt area only. The red line of the planning application reflects this
position. 
2 If the proposal were to be successful, all car sales which are currently taking place
in the forecourt area would cease, but sales of cars would continue within the land
to the rear. Sales currently occur in the rear area already as well as general car
maintenance/repairs and MOT servicing, and this is considered by the Council to be
an established use.

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3 In addition to the proposed change of use, a number of physical changes are
proposed and the majority of these have now been implemented. These include, 
• The installation of new pump islands, and 2no hose pumps with integrated
automated payment terminals; 
• Installation of new jet wash; 
• Installation of new air and water machine; 
• Installation of new drainage, vents and offset fills 
• Associated underground drainage works; 
• GRP (Glass Reinforced Plastic) communication cabinet 
• Proposed canopy lighting and new CCTV cameras. 
4 A steel storage crate for gas cylinders has recently been installed on the site along
the northern boundary, adjacent to the communications cabinet, but this is not part
of this planning application. 
5 Within the applicants planning submission it has been suggested that planning
permission is not required for the proposed use, and the various ancillary
developments relating to the proposed petrol sales. This is incorrect. From a
Council perspective, it is unequivocally the case that planning permission is
required to move from a car sales use to a petrol filling station as both would be
considered separate and distinct uses, and both are considered to be a sui generis
use (i.e. not falling within a specific use class). Planning permission is needed to
move between one sui generis use to another. 
Site History 
6 The site does have some planning history dating back to 2007 (07/01881/FUL)
when a detailed proposal for a residential development comprising nine townhouses
was recommended for approval, but was ultimately refused by the then
Development Control Committee. Those proposals were not progressed any further
thereafter. 
7 A Petroleum Storage Certificate has been granted for the development by Perth and
Kinross Council as the relevant Petroleum Enforcement Authority (PEA). The
certificate is valid between 1 April 2026 – 31 December 2026. 
Environmental Impact Assessment 
8 The development is not considered either a Schedule 1 or 2 development. 
Pre-Application Consultation 
9 The proposal has been subject to enforcement discussions. The Council formally
served a Section 33 notice on the landowner, which required all ongoing
developments to cease, and for a formal planning application to be submitted to a)
regulate the unauthorised development (so far) and b) to address the intention of
opening up the forecourt area for petrol sales.

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Development Plan 
10 The Development Plan for the area comprises National Planning Framework 4, the
Perth and Kinross Local Development Plan 2 (2019) and statutory supplementary
planning guidance (SPG). 
National Planning Framework 4 
11 The National Planning Framework 4 (NPF4) is the Scottish Government’s long-term
spatial strategy with a comprehensive set of national planning policies.  This
strategy sets out how to improve people’s lives by making sustainable, liveable and
productive spaces.  NPF4 has an increased status over previous NPFs and
comprises part of the statutory development plan. 
12 The Council’s assessment of this application has considered the following policies
of NPF4: 
• Policy 1: Tackling the Climate and Nature Crises
• Policy 2: Climate Mitigation and Adaptation
• Policy 3: Biodiversity
• Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings
• Policy 13: Sustainable Transport
• Policy 14: Design, Quality and Place 
Perth and Kinross Local Development Plan 2 (2019) 
13 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the
area and states that, “Our vision is of a Perth and Kinross which is dynamic,
attractive and effective which protects its assets whilst welcoming population and
economic growth.” It is the most recent statement of Council policy and is
augmented by Supplementary Guidance. 
14 The site is located within the settlement boundary of Bridge Earn, where the
following policies are applicable. 
• Policy 1A: Placemaking
• Policy 1B: Placemaking
• Policy 17: Residential Areas 
• Policy 41: Biodiversity
• Policy 55: Nuisance from Artificial Light and Light Pollution
• Policy 56: Noise Pollution
• Policy 57: Air Quality
• Policy 60B: Transport Standards and Accessibility Requirements

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Statutory Supplementary Planning Guidance 
15 The following statutory SPGs are applicable to this proposal, 
• Placemaking Guide 
• Developer Contributions and Affordable Housing 
• Flood Risk and Flood Risk Management 
Other Material Considerations 
PKC Non-Statutory Guidance 
16 The following non-statutory planning guidance is applicable to this proposal, 
• Planning for Nature 
National Planning Guidance 
17 The Scottish Government expresses its planning policies through Planning Notes,
Creating Places, Planning Guidance, Designing Streets, National Roads
Development Guide and a series of Circulars in addition to NPF4. Those relevant
are listed below. 
Planning Guidance 
18 Biodiversity, 2025 
National Roads Development Guide 2014 
19 This document supports Designing Streets and expands on its principles and is the
technical advice that should be followed in designing and approving of all streets
including parking provision. 
Local Place Plans 
20 Local Place Plans are community-led plans setting out proposals for the
development and use of land and set out a community’s aspirations for its future
development. There is no LPP which is relevant to this proposal. 
Consultations 
21 As part of the planning application process the following bodies were consulted: 
External 
22 SEPA have commented on the proposal and rasied no objections in terms of their
statutory remit. They have confirmed that petrol stations are regulated by SEPA
under EASR for the activity of unloading of petrol at a service station and some for

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unloading and refuelling at a service station, which means that they only regulate
the emissions involved in these two activities - unloading from a tanker into
stationary storage and refuelling a car at the petrol pump. SEPA also confirmed that
for this case, Perth and Kinross Council as the PEA is the lead for anything to do
with the actual storage tanks and to ensure that the tanks would be up to an
acceptable standard for storage, including during potential flood events. 
23 Earn Community Council have commented on the proposal and objected to the
proposal on the grounds that due to insufficient information on the impacts on the
environment, traffic, flooding and general background data a full assessment cannot
take place.   
Internal 
24 Development Contributions Officer has indicated that there is no requirement for
any developer contributions as no new floorspace is being provided. 
25 Transportation and Development have indicated that from a road safety
perspective the proposal raises no issues subject to the use of planning conditions. 
26 Environmental Health have commented on the proposal in terms of contaminated
Land, and noise, odours, lighting, and air quality and have raised no concerns
subject to conditions. 
27 Flooding team have commented on the proposal and indicated that a flood risk
assessment is not required for this development, and they have no objections
subject to the final surface water drainage plans being submitted for further
approval. 
Representations 
28 Objections from five individual households have been received, over two notification
periods. All of these are objecting to the proposal. In addition to those
representations, an objection from Earn Community Council has been received, as
noted above. The main issues raised within the representations are: 
• Contrary to the Development Plan 
• Impact on residential amenity (noise, external lighting, odour, air quality)
• Road safety concerns 
• Pollution risk in event of a flood 
• Enforcement issues 
• Insufficient information submitted to make a judgement / assessment 
28 These issues are addressed in the Appraisal section of the report. In addition to the
above, potential devaluation of property has been cited. Devaluation of property (or
the potential for) is not considered a valid planning consideration.

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Additional Statements 
Screening Opinion EIA not required
Environmental Impact Assessment
(EIA): Environmental Report
Not applicable
Appropriate Assessment under Habitats
Regulations
AA not required
Design Statement or Design and
Access Statement
Submitted
Report on Impact or Potential Impact Submitted 
Appraisal 
30 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as
amended) require the determination of the proposal to be made in accordance with
the provisions of the Development Plan, unless material considerations indicate
otherwise.  The Development Plan comprises NPF4, LDP2 and statutory SPGs.
The relevant policy considerations are outlined in the policy section above and are
considered in more detail below.  In terms of other material considerations, this
involves considerations of the Council’s other non-statutory policies and
supplementary guidance. 
Policy 
31 There are relevant policies contained within all parts of the Development Plan. 
32 In terms of the NPF4, Policies 1(Tackling the Climate and Nature Crises) 2 (Climate
Mitigation and Adaptation) looks to ensure that climate change and its impacts are
fully considered as part of all proposals, whilst Policy 3 (Biodiversity) looks to
ensure that all new proposal provide a proportionate level of biodiversity
enhancements. Policy 9 (Brownfield, Vacant and Derelict Land and Empty
Buildings) generally favours the reuse of existing buildings and previously
developed land ahead of greenfield sites, whilst Policy 13 (Sustainable Transport)
looks to ensure sustainable means of travel and transport for all proposals. Policy
14: Design, Quality and Place looks to ensure that all new proposals are of a high
design standard. 
33 In terms of LDP2, the site is located within the settlement boundary of Bridge of
Earn, where Polices 1 (Placemaking), 17 (Residential Areas), 41 (Biodiversity), 55
(Nuisance from Artificial Light and Light Pollution), 56 (Noise Pollution), 57 (Air
Quality), 60B (Transport Standards and Accessibility Requirements) are all
applicable. Policy 1 looks to ensure that all new do not have an adverse impact on
the existing character and amenity, whilst Policy 17 looks to ensure that all new
proposals are compatible with existing land uses, and do not have an adverse
impact on the existing character and amenity of the area concerned. Policy 41 looks
to ensure that both protected and local wildlife are fully considered as part of the
assessment of applications, whilst Policies 55 and 57 look to ensure that nuisance
from both light and noise are fully considered and assessed as part of the

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assessment of applications. Policy 60B looks to ensure that all new developments
do not have an adverse impact on the local road network and do nor comprise road
and pedestrian safety. 
34 In terms of statutory SPGs, the Council’s policies on Placemaking and Developer
Contributions are applicable. 
Land Use Acceptability 
35 The site was previously a purpose built petrol filling station and operated as a
manned petrol station up until around 2007, when the use ceased. Since then, the
forecourt area of the former petrol station (which is subject to this application) has
either been vacant or has been used as an extension of the separate garage / car
sales businesses which occupies the kiosk building, and the workshop buildings and
associated land to the rear (west). 
36 Whilst this position is a material consideration, it remains the case that the proposed
use (albeit reinstating the sites original use) must still be considered on its own
planning merits and assessed against the relevant policies contained within the
Development Plan. The most important and relevant ones being those relating to
residential amenity. 
37 The site is located within an area which has been identified within the LDP2 as white
land within the settlement, which essentially means that the area is typically
considered to be residential, with other compatible land uses. Those existing other
uses include the existing garage/sales associated with Cargills Autos, and retail
offerings further to the south along Main Street (A912). Immediately adjacent to the
site to the north and south are existing residential properties. The majority of the
comments which have been received in relation to this application relate to the impact
that the proposed use would have on existing residential amenity through noise,
external lighting and odours/air quality nuisances. Protection for all these areas of
nuisance is provided within the Development Plan, and more specifically through
LDP2 policies 55, 56 and 57. 
Noise Nuisance 
38 There are potential sources of noise from a number of areas, including the pumps
and the ancillary car care elements i.e. the jet wash, and air/water/vacuums hoses. It
is noted that concerns had initially been made from neighbours concerned about
noise from the GRP communications cabinet. The cabinet and its content are known
to generate a negligible amount of noise, so it has not been specifically included
within the NIA. 
39 The applicant has submitted a noise impact assessment (NIA) in support of the
application and this is available to view on the e-portal (Plan 11). The NIA was
undertaken in accordance with the recognised standards. As part of the NIA,
background noise surveys were taken in the local area (a Tuesday / Wednesday in
February) which showed the typical background noise levels were approx. 47db

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during the morning (6am-7am), 48db during the day (7am-8pm) and 42db in the
evening (8pm-11pm). 
40 In general terms, the background noise levels were higher than expected and
predominately road traffic related. 
41 The recommendations within the NIA are based on assumptions that the pumps will
be automated and unmanned, and would be available for use from 6am-11pm (not
24hrs), with no retail or payment options available in the reception/kiosk area, and
that the ancillary car care services will operate from 7am-8pm with their ‘end of
session’ timing alarms disabled. As a comparison of operational noise levels,
measurements of noise at the pumps during fuelling were taken at a similar facilities
using the same equipment and pumps at Guildtown and Balbeggie. Noise data
previously measured from similar facilities has been used for the car care elements,
which is standard practice 
42 On the basis of the data collected, the NIA concluded that noise from the fuel pumps
and car care facilities would have only a marginal impact on the noise sensitive
receptors above the background noise levels, subject to suitable control of hours of
operation and the removal of any beepers or alarms on the pumps. In terms of the
ancillary car care elements, the NIA concluded that noise levels from these sources
can be controlled so that they would have a low additional impact on the closest noise
sensitive receptors if mitigation measures are delivered and complied with. 
43 After the re-consultation following the submission of the NIA, a number of additional
comments and concerns concerning noise were received. Some of these comments
questioned the validity of the data, and whether it was appropriate to use data from
other sites which are currently under review for a breach of planning control. The data
which has been used and presented is acceptable to the Council, and the issue over
the lawfulness of the two other sites referred to, would not have affected the data
which was collected. The data would ultimately be the same whether or not the
development was lawful or not. 
44 After reviewing all the information which has been presented by the applicant via the
NIA, and the comments received by neighbouring properties, the Council is content
that any increase in noise levels as a result of the petrol station reopening can be
controlled and mitigated to ensure noise nuisance to unacceptable levels does not
occur (Conditions 3, 4, 6, 7, 8 and 9). 
External Lighting 
45 External lighting is proposed under the existing canopy and the new luminated
signage proposed will be subject to advertisement consent. Technical details of the
canopy lighting has been submitted by a recognised consultant, and this does not
show any light spillage outwith the development site. Subject to this being delivered,
which will be subject to a compliance condition (Condition 11), there should not be an
adverse impact on adjacent residential amenity by virtue of light spillage

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Air Quality 
46 Air quality, and in particular the smell, and effect of toxins from benzene on air quality
and health have been raised within the representation in detail and depth. Guidance
is offered concerning sites involving benzene within the Department for Environment
and Food and Rural Affairs, Local Air Quality Management Technical Guidance
(TG22) - which was published in 2022, and is applicable in Scotland. 
47 Via Table 7-3, the guidance includes a screening assessment which states which the
criteria are applicable determine if a detailed and bespoke air quality assessment
/dispersion modelling for benzene is required to support new proposals, and this is
set out below 
48 The pumps proposed would be within 10m of the residential curtilage of ‘Charleston’,
however the threshold referred to above requires the other criteria thresholds to also
be breached for a more detailed assessment to be triggered. Ultimately, the guidance
states that assessments/modelling are only required if the petrol throughput more
than 2,000m3 or 2 million litres per year, and near busy road (more than 30,000
vehicles/day), and would result in exposure within 10m from the pumps. Under the
‘notes’ section, the guidance also states that petrol stations fitted with Stage 2
recovery systems do not need to be considered for further assessments/modelling,
that diesel through put should be ignored and that only petrol throughput should be
considered. 
49 The applicant has stated in their supporting information that vapour recovery
equipment is proposed which will ensure that any vapour escapes will be reduced as
the vapour system returns these gases to the tank. The applicant has also indicated
that the overall estimated volume of fuel on site would be 1.25million litres per
annum, combining both unleaded and diesel fuel. The 2million figure listed within the
screening checklist is for petrol only. The location is also not adjacent to a busy road
which has more than 30,000 vehicles movements per day (which equates to approx.
20 vehicle movements per min). 
50 In light of the above and bearing in mind that there will be a vapour recovery system
at the site, the Council has no adverse comments to make with regards to air quality
and the emissions of benzene, and a full air quality and dispersing modelling for
benzene is not required or justified.

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51 The proposal is therefore considered to be (subject to conditions) compatible with the
existing neighbouring residential uses and aligns with the requirements of the
relevant amenity Policies of 17, 55, 56 and 57 contained within the LDP2. In terms of
other land use policies, the Development Plan is generally supportive of new
developments which brings in economic benefits to an area, and whilst no figures or
data has been presented to the area, the nature of the development is such that there
would be some positive economic benefit. In general terms, there would be a benefit
for the local community of improved local provision of an important day to day
product. Whilst prices of fuel can vary and this would be outwith the scope of the
planning system, if the prices of fuel at this location are competitive, this would
inevitably be to the benefit of the local community as they would have an option of
refuelling in the village at a competitive price as opposed to having to refuel in Perth
or elsewhere further afield. 
Design, Layout and Visual Amenity 
52 In terms of the impact on the visual amenity of the area, the proposal would have a
negligible impact. New pumps and some ancillary development in the way of plant
and equipment are proposed, however the main canopy is already in situ. 
53 New signage has been installed, and this is to be subject of retrospective
advertisement consent, however bearing in mind there was already logos and
signage across the site, appropriately design new signage is not likely to look
incongruous or out of character with the area. In all, the proposal raises no issues
with the various design or placemaking policies of the Development Plan. 
Landscape 
54 Due to the proposed physical changes, and the context of the site (a former petrol
station), the proposal would have limited impact on the landscape character of the
area. 
Residential Amenity 
55 The majority of the representations relate to impacts on residential amenity via
noise, odours and external lighting nuisance, as well as a drop in and air quality. As
discussed on the sections above, subject to conditions relating to operation times,
and noise and light mitigation, there should not be any adverse on residential
amenity. Air quality is also not likely to be affected based on the characteristics of
the area and the scale of the operations. In all, the proposal is considered to be
compatible with existing land uses, those being predominantly residential. 
Roads and Access 
56 The initially submitted application did not include sufficient information to allow for a
full assessment of the road implications to take place. Further information in the
form of a Transport Statement (TS) was subsequently submitted, and after a review
of this, colleagues in the Transport Planning team have no concerns over the
proposal. It is noted that within a number of the representations, including that of the

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Community Council there are concerns that the TS does not fully consider the
existing level of traffic and parking requirements associated with the car sales and
garage business which currently operates and will continue to do so. 
57 The existing garage and car sales would typically generate a low level of car
movements, and not a steady stream of customers throughout the day. Some
potential customers may also walk to the premise. The TS makes some conclusion
on this point, and ultimately the Council agrees that a more focused assessment on
the level of impact which will likely be caused from the new development is
considered to be appropriate.   
58 There are a number of key areas to consider in terms of road related matters, and
these include, 
• Interaction with Dunbarney Primary School 
• Trip generation (increases) 
• General site layout 
• Means of deliveries 
59 A primary sensitivity in the local context is the presence of the Dunbarney Primary
School, which is located approximately 130m south of the site. School peak periods
typically occur between 830am–9am and 3pm–330pm, which may coincide with
general traffic peaks as residents go and return from work. Traffic signs are installed
on both approaches to the school to warn drivers of the presence of children
crossing, and the presence of a crossing patrol. 
60 During times of the school drop offs and pickups, there would inevitably be a strong
potential for an increased numbers of vehicle to be parked on local streets in
connection with the primary school, and the local convenience store. In isolation,
the proposed development is not anticipated to add to on street parking around the
school as all vehicles using the filling station will be parked on the forecourt.
Controlling cars parked on local roads which are maybe associated with the
separate garage / car sales is not part of this planning application. It would however
be entirely sensible for fuel deliveries to the site to avoid the school peak times, and
in that regard a compliance condition has been recommended (Conditions 4 and 5).
It would also be expectation of the Council that on commencement of the petrol
filling station, that no cars will be sited on the forecourt area which are associated
with car sales and that it is kept free for users of the petrol station only. A condition
has been added to this effect (Condition 15). 
61 It terms of trip generation, information and data have been provided which is based
on one of the applicants’ other sites in Perth and Kinross at Balbeggie, which has
been in operation for around 18 months. The data shows that the peak usage of the
Balbeggie site was between 5pm-6pm, which typically generated 16 trips in the area
(8 visits). During full operation period (6am-11pm) the average number of trips was
just over 10 per hour and this was slightly higher at just under 12 between 630am
and 8pm. On the assumption that Bridge of Earn will result in a similar usage, the
local road network will be able to accommodate these trips, and it needs to be

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borne in mind that some of these trips will already be occurring in any event as
people travel to and from their destinations. It is noted that concerns were raised
within the accuracy of the data and the level of transactions at Balbeggie which has
influenced the trip generation data. The Council does not have access to the
financial information for the Balbeggie site as this is commercially sensitive however
a comparative analysis of the trip information using industrial standard trip
generation software was undertaken. A comparison of the mainline traffic flows on
the A912 in bridge of earn and the A94 in Balbeggie was also undertaken to ensure
that the comparison between the two sites was representative.   
62 In terms of the site layout and its geometrics, the revised layout plan includes swept
path details which show that vehicles can use all the facilities without the need to
reserve either across the site or back onto the public road. There is also sufficient
space for tankers to deliver fuel safely, however when this is occurring the station
will be closed to customers as is standard for all petrol stations. Concerns have
been raised within the representations that the projected swept paths into the site
and visibility splays would be affected if cars are parking close to the existing
vehicular access. It would be the case that all vehicular access and visibility splays
would be compromised if vehicles are parked irresponsibly close to them. Issues
with pavement parking and parking dangerously close to private driveways or
access is ultimately a matter for the police to regulate. 
63 In terms of deliveries, the applicant operates its own dedicated fleet of fuel delivery
vehicles, the largest of which are currently 9m rigid tankers. The site layout,
including the arrangement of fuel bays and offset fill points shows that this size of
delivery tanker can safely access the site from the A912, manoeuvre within the site,
position appropriately for fuel delivery, service the site and then exit the site in a
forward gear. The tracking exercise confirms that all manoeuvres can be completed
wholly within the site boundary, without overrun of kerbs or encroachment onto the
public road. 
64 In reality, this reflects a realistic worst-case size of delivery vehicle for this size of
petrol station and ensures that all refuelling and servicing requirements are fully
accommodated within the design. However, to ensure that long tankers and HGV
up to 9m do arrive at the site, a compliance condition has been added (Condition 5). 
65 In light of the above, and subject to several road safety related conditions being
attached to the permission the proposal is considered to be acceptable and raises
no issues with the requirements of the NRDG or compliance with Policy 60B of the
LDP2. 
Drainage and Flooding 
66 There are some known surface water flooding in the area, however the known
areas on SEPA’s maps do not affect the forecourt area or the areas of tanks.
Minimal new physical development is proposed to facilitate the use proposed and
the development as a whole is not likely to result in any significant increase in
impermeable areas as the existing hardstanding area is being utilised. The
submitted drawings indicate that drainage measures, including a silt trap and

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interceptor are to be incorporated as part of the development. Clarification on final
detailed surface water drainage plan will be requested, and will be reviewed by the
Council’s Flooding Team thereafter (Condition 16). 
67 SEPA is the statutory regulator for pollution control during activities relating to the
unloading from a tanker into stationary storage and refuelling a car at the petrol
pump, and these activities require registration by SEPA. Perth and Kinross Council
(as the PEA) is responsible for the actual storage of fuel and the tanks, and the
approved certificate has a number of standing conditions relating the tanks which
will ensure they are fitted with suitable precautions to ensure that the potential for
pollution incidents to occur are minimised, and that suitable pollution prevention
measures are in place. As matters concerning the unloading of fuel, refuelling and
storage are covered by other legislation, it is not considered necessary to address
these issues via the planning application process. 
Contaminated Land 
68 The site has previously operated as a petrol station. An initial site investigation
report has been submitted as part of the application, and this highlighted some
areas of contamination, most likely from this previous operation of the site as a
petrol station.  Free product within some of the ground water samples (most likely
from a previous fuel leak) was identified in one of the boreholes.  Given the
proximity to neighbouring residential properties this requires further consideration
and if necessary suitable mitigation measures proposed and subject to verification.
A condition to this effect has been recommended (Condition 14). 
Waste Collection 
69 The proposal is unlikely to generate much waste due to the nature of the
development. There will be some waste such as disposable gloves, receipts etc
however this will be managed onsite via typical waste bins. It would be expected
that a commercial contract for emptying of the bins will be in place once the
development commences. Subject to this, the proposal raises no impact relating to
the provision of waste collection measures. 
Conservation Considerations 
70 The proposal does not affect any listed building, conservation area or local
archaeology. 
Natural Heritage and Biodiversity 
71 The proposal would have limited impact on existing biodiversity or ecology. There
would be minimal scope for planting or new trees onsite due to the nature of the
proposal, but there could be some scope for wildlife boxes to be attached to the
existing building or canopy and a condition has been added to this effect (Condition
2). This would be seen as a proportionate level of biodiversity enhancement, and
subject to this being delivered, the proposal would align positively with the
requirements of the various biodiversity policies of the Development Plan.

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Climate Change Implications 
72 The proposal principally comprises the sales of progressed fossil fuels, in the form
of unleaded petrol and diesel. Whilst the use of diesel cars is declining rapidly, the
benefit of using unleaded E10 to meet climate change targets remains questioned
by environmental groups. However, at the present time there is no national planning
policy or strategy which looks to control (or restrict) new petrol stations purely to try
and reduce the availability of fuel to encourage the transition to electric cars. At the
present time, planning decisions for new petrol stations are considered against the
relevant Development Plan policies. 
Developer Contributions 
73 Due to the nature of the proposal, there is no requirement for any Developer
Contributions in relation to either Primary Education or Affordable Housing. In terms
of Transport related contributions, the site is located within the catchment area for
contributions towards 
Economic Impact 
74 The proposal could have a positive impact on the local economy but the impact is
unquantified. 
Variation of Application Under Section 32A 
75 Additional supporting information was submitted by the applicant which included
technical reports and updated plans. Further notification of notifiable neighbours
and those who initially made represented occurred. 
Planning Obligations and Legal Agreements 
76 None required. 
Direction By Scottish Ministers 
77 Under the Town and Country Planning (Development Management Procedure)
(Scotland) Regulations 2013, regulations 30 – 33 there have been no directions by
the Scottish Government in respect of an Environmental Impact Assessment
screening opinion, call in or notification relating to this application. 
Conclusion and Reasons for Recommendation 
78 To conclude, the application must be determined in accordance with the
Development Plan unless material considerations indicate otherwise. In this
respect, the proposal is considered to comply with NPF4, the LDP2 and statutory
SPGs. Account has been taken account of the relevant material considerations and
none has been found that would justify overriding the Development Plan.
Accordingly the proposal is recommended for approval subject to conditions,

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Recommendation   
Approve the application subject to the following conditions: 
1. This planning permission will last only for three years from the date of this decision
notice, unless the development has been lawfully started within that period. 
Reason - This is a Planning Permission in terms of Section 58 of the Town and
Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning
(Scotland) Act 2019. 
2. Prior to the first use commencing, two bat boxes and two bird nesting boxes shall
be installed within the site, or on the adjacent site.  The bat boxes shall be sited
and installed as per the guidance and recommendations of the Bat Conservation
Trust and the bird boxes installed as per the guidance and recommendations of the
Scottish Wildlife Trust.  Thereafter, all the boxes shall be retained in a usable
condition. 
Reason - In order to provide a proportionate level of bio-diversity enhancements. 
3. The hours of operation for the unmanned forecourt fuel sales shall be restricted to
between 6am and 11pm daily and hours of operation for the Jetwash, Car Vacuum
and air & water Machine shall be restricted to 8am hours to 8pm hours daily. 
Reason - In the interests of visual amenity; to ensure a satisfactory standard of local
environmental quality. 
4. No fuel deliveries will be permitted between 8am and 915am and 245pm and 4pm
which are the peak hours associated with the nearby primary school, or before 8am
or after 8pm. 
Reason - In the interests of pedestrian and vehicle safety, and to protect existing
residential amenity. 
5. Deliveries and servicing to and from the site shall be undertaken by a rigid tanker of
maximum size 9 metres as detailed on page 12 of the Transport Statement (Plan
17) and the Swept Path Drawing on page 13 of the Transport Statement (Plan 17). 
Reason - In the interests of pedestrian and traffic safety and to ensure service and
delivery vehicles can safely manoeuvre within the forecourt. 
6. All plant or equipment shall be so enclosed, attenuated and/or maintained such that
any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300
hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any
neighbouring residential property, with all windows slightly open, when measured
and/ or calculated and plotted on a rating curve chart. 
Reason - In order to ensure that existing residential amenity is protected.

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7. Noise from all operations on site shall not exceed L A90,1 hour background noise
level plus 5dB (A), including any relevant penalties for tonality, impulsivity,
intermittency, or other sound characteristics when measured at any residential
property in accordance with BS4142:2014+A1:2019. 
Reason - In order to ensure that existing residential amenity is protected.  
8. In the event of a justified noise complaint being received by the Council as Planning
Authority, the operator shall, at its own expense, employ a consultant approved by
the Council as Planning Authority to carry out a further noise assessment to verify
compliance with conditions 6 and 7 of this decision notice.  The assessment will be
carried out to an appropriate methodology which must be approved in writing with
the Council as the Planning Authority in advance.  If the noise assessment shows
that the noise levels do not comply with conditions 6 and 7 of this decision notice, 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
Council as 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 order to ensure that existing residential amenity is protected. 
9. All audible alarms for the fuel pumps, jetwash and air & water and Vacuum
machines shall be disabled at all times. 
Reason - In order to ensure that existing residential amenity is protected. 
10. Prior to the commencement of use of the jetwash area hereby approved as part of
this permission, a 2-metre-high screen shall be installed to the southern boundary of
the jetwash area. 
Reason - In order to ensure that existing residential amenity is protected. 
11. All external lighting shall be sufficiently screened and aligned so as to ensure that 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.  Artificial lighting to the development must
conform to requirements to meet the Obtrusive Light Limitations for Exterior Lighting
Installations for Environmental Zone – E3 contained within Table 2 of the Institute of
Light Engineers Guidance Notes for the Avoidance of Obtrusive Lighting, GN01/26,
or any subsequently updated guidance. 
Reason - In order to ensure that existing residential amenity is protected. 
12. For the avoidance of doubt, no advertisements are approved as part of this planning
permission.   
Reason - In order to clarify the terms of this planning permission.

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13. The existing gas cylinder storage crate located on the northern boundary is not
approved as part of this planning application. 
Reason - In order to clarify the terms of this planning permission. 
14.  Prior to the use hereby approved commencing, an evaluation for the potential of the
site to be affected by contamination by a previous use, which includes as a
minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) shall be submitted
to and approved in writing 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 approved by the Council as Planning Authority.
Verification that the scheme has been fully implemented must be submitted to and
approved in writing by the Council as Planning Authority. 
Reason - In order to ensure the site is fit for the use proposed. 
15. No car sales or car storage shall take place within the forecourt area upon the
commencement of the development hereby approved.  The forecourt area shall
operate as a petrol filling station only. 
Reason - In order to clarify the terms of this planning permission. 
16. Prior to the use hereby approved commencing, details of the final surface water
drainage details shall be submitted to and approved in writing by the Council as
Planning Authority.  The approved details shall thereafter be implemented and
maintained in full. 
Reason - In order to clarify the final surface water details. 
Justification 
The proposal is in accordance with the Development Plan and there are no material
reasons which justify departing from the Development Plan. 
Procedural Notes 
None applicable.

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Informatives 
1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as
amended) the person undertaking the development is required to give the Planning
Authority prior written notification of the date on which it is intended to commence
the development.  A failure to comply with this statutory requirement would
constitute a breach of planning control under Section 123(1) of that Act, which may
result in enforcement action being taken.  Please use the form attached herewith. 
2. As soon as practicable after the development is complete, the person who
completes the development is obliged by Section 27B of the Town and Country
Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written
notice of that position.  Please use the form attached herewith. 
3. An application for Building Warrant may be required. 
4. The applicant (or any other person(s) taking on this permission should be aware
that the activities are regulated by SEPA and there is a requirement for registration
application to be made to SEPA under the Environmental Authorisations (Scotland)
Regulations. 
5. 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.  In accordance with
Regulation 41 the notice must be: 
• Displayed in a prominent place at or in the vicinity of the site of the
development  
• Readily visible to the public  
• Printed on durable material. 
Background Papers
Letters of representation 5 
Name Designation Contact Details
Andy Baxter Planning Officer 01738 475300
developmentmanagement@pkc.gov.uk 
Approved
Name Designation Date
Paul Williamson Team Leader (Local Developments) 25 August 2026

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