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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