26/00097/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. 26/243) Proposal: Siting of 7 caravans for holiday use, formation of internal accesses, parking, hardstanding and landscaping works (revised layout and design for plots 1-4,6-8 of 19/01648/AML) Location: Land 250 metres south of Gellybank Farm, Kinross Ref. No: 26/00097/FLL Ward No: P8 - Kinross-shire Summary This report recommends approval of a detailed planning application for changes to 7/8 holiday accommodation units on a consented, and commenced site located outside of Kinross as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. Background and Description of Proposal 1 This planning application seeks to amend the design of seven holiday units on a consented and commenced site outside of Kinross, near Gellybank Farm. The approved scheme comprised eight units of a log cabin appearance. 2 The proposal proposes to replace 7 of the 8 units with smaller units, which by virtue of their character, means of fixings, accommodation space and heights all now fall within the legal definition of a ‘caravan’. 3 Plots 1-4 and 8 were all previously approved as 3 bed units and will remain as such. 4 Plots 6-7 were previously approved as 1 bed units but are now proposed to be 2 bed units of the same design as Plots 1-4 and 8, but with a marginally smaller floor area. Collectively, the proposed changes result in the development going from the approved 5 x 3 bed units and 2 x 1 bed units, to 5 x 3 bed units and 2 x 2 bed units. 5 All the units will remain for holiday use only, and the general location of all the units on the site remains the same as previously consented – as does the road layout,
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landscaping and drainage arrangements. Some of these elements have been fully delivered as per the approved permission, some partly. 6 To accommodate the siting of the caravans, there will be a degree of engineering operations at each of the individual plots to create concrete bases and driveways. Each of the plots will have an ancillary outside decking area, private driveway/parking space and a small area of amenity space. 7 The applicant had made a request for the proposed changes to be considered as a non-material amendment to the approved plans, but the collective reduction in sizes (floor space and height) was considered to be a material change in the development and a new planning application was requested. It was also the case that the move from buildings to ‘caravans’ was also considered to be a material change in the nature of the development 8 In terms of Plot 5, it is proposed to retain the previously approved larger log cabin. It is presumed the applicant may look to seek a further planning permission in the future for use of this unit to utilise it as a permanent manager accommodation. At the moment, the use of Plot 5 for a manager or onsite permanent residency would be a breach of planning control. 9 The Council has verified the commencement of the 2019 planning application by virtue of the internal road and drainage engineering operations taking place, in accordance with the approved plans and within the prescribed timelines. At the present time, the applicant is exercising his permitted development rights by living on the site in temporary accommodation whilst the development remains within the construction phase. It would be the exception of the Council that in the absence of a planning permission stating otherwise, once the development is complete (for holiday use), the onsite permanent accommodation will cease. Site History 10 An in principle permission (15/00669/IPL) was initially approved on the site for the creation of a holiday park, and that application was later renewed in 2018 (18/01315/IPL). The details relating to the in principle permission was subsequently approved in 2019 (19/01648/AML), with the details showing the siting of 8 holiday accommodation units as well as other associated development. That permission commenced by virtue of a minimal start associated with the access road and is now considered to be live and no longer time barred. Environmental Impact Assessment 11 The proposal is considered to be a scheduled 2 development of the EIA Regulations, and has been subject to a screening opinion. That opinion was that the development is not of the scale which requires to go through EIA regulations.
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Pre-Application Consultation 12 The proposed development is not classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. The applicant was not required to undertake not any formal pre-application consultation with the local community. Development Plan 13 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. National Planning Framework 4 14 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. 15 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings • Policy 14: Design, Quality and Place • Policy 29: Rural Development • Policy 30: Tourism Perth and Kinross Local Development Plan 2019 16 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. 17 The site is located within the landward area of the LDP2, and within the Loch Leven Catchment area where the following policies are applicable, • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 8: Rural Business and Diversification
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• Policy 9: Caravan sites, chalets and timeshare developments • Policy 38: Environment and Conservation • Policy 41: Biodiversity • Policy 46: Loch Leven Catchment Areas • Policy 55: Nuisance from artificial light and light pollution • Policy 56: Noise Pollution • Policy 60B: Transport Standards and Accessibility Requirements Statutory Supplementary Planning Guidance 18 The following statutory SPGs are applicable to this proposal, • Placemaking Guide 2020 • Development Contributions and Affordable Housing 2023 OTHER MATERIAL CONSIDERATIONS PKC Non Statutory Planning Guidance 19 The following non-statutory planning guidance is applicable to this proposal, • Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning for Nature National Planning Guidance 20 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 21 Biodiversity, 2025 National Roads Development Guide 2014 22 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 23 Local Place Plans (LPP) 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 are no LPP which affect this development.
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Consultations 24 As part of the planning application process the following bodies were consulted: External 25 Scottish Water have commented on the proposal and raised no objections. 26 Kinross Community Council have objected to the proposal largely on the grounds that the holiday accommodation is being delivered by using caravans and not buildings and the impact that would cause on the character of the area. Internal 27 Transportation and Development have commented on the proposal in terms of road related matters and have no objections. 28 Environmental Health have commented on the proposal in terms of noise and odours and have raised no objections subject to conditions being attached to the permission. Representations 29 57 letters of representations have been received, of which 16 are objecting and 41 are in support. In terms of the letters of objections, the principal areas of concerns are, • Contrary to the Development Plan • Impact on the visual amenity of the area • Impact on the landscape character of the area • Potential for unauthorised uses to occur 30 Cleish and Blairadam Community Council (whose boundary is 900 m south of the application site) have also objected to the proposal largely on the grounds that the holiday accommodation is being delivered by using caravans and not buildings and the impact that would cause on the character of the area. 31 These issues are addressed in the Appraisal section of the report. 32 In terms of the letters of support, these highlight the need for more holiday facilities in the area, the economic benefit the proposal would bring and the compliance with the Development Plan policies.
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Additional Statements Screening Opinion EIA required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations AA not required Design Statement or Design and Access Statement Not required Report on Impact or Potential Impact Not required Appraisal 33 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. 34 In terms of other material considerations, this involves considerations of the Council’s other non-statutory policies and guidance as well as the sites planning history and status. Policy 35 There are relevant policies contained in all parts of the Development Plan. 36 In terms of the NPF4, Policies 1 (Tackling the Climate and Nature Crises) and 2 (Climate Mitigation and Adaptation) look to ensure that all new developments take into account climate change implications, and its impacts. Policy 3 (Biodiversity) looks to ensure that all new developments provide a proportionate level of biodiversity enhancements, whilst Policy 4 (Natural Places) looks to ensure that our environmental designated assets are not adversely affected by new developments. Policy 9 (Brownfield, Vacant and Derelict Land and Empty Buildings) offers support for new development on greenfield land provided the proposal complies with the relevant polices in the LDP. Policy 14 (Design, Quality and Place) looks to ensure that all new developments are of a high design standard, whilst Policy 29 (Rural Development) supports new rural development providing they do not result in environmental harm and are compatible with existing uses. Policy 30 (Tourism) support tourism in suitable locations. 37 In terms of the LDP2, Policies 1 (Placemaking), 38 (Designated Sites), 41 (Biodiversity), 47 (Loch Leven), Policy 55 (Artificial light and light pollution), 56 (Noise Pollution) and 60 (Transport Standards and Accessibility Requirements) are all applicable.
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38 Policy 1 looks to ensure that all new developments contribute positively to the area concerned whilst Policy 38 looks to ensure that our environmentally designated sites are protected from inappropriately new developments. Policy 41 looks to ensure that both protected and local wildlife are fully considered in the consideration of planning applications. Policy 47 seeks to ensure that the environmental interests of Loch Leven are taken into account. Policy 55 looks to ensure that light nuisance and pollution does not occur unnecessary, and Policy 56 looks to protect noise sensitive receptors from noisy land uses. Policy 60 looks to ensure that all matters relating to road and transport matters accord with both the standards of the Council and those of the NRDG. 39 In terms of statutory SPG, the Councils policies on Placemaking and Developer Contributions are applicable. Land Use Acceptability 40 The site benefits from detailed planning permission for the creation of a holiday development. That permission has commenced, is now no longer time barred and the approved details of 19/01648/AML can be built out. 41 The planning status of the site is a significant material consideration in the assessment of this application, but it needs to be acknowledged that there has been a material change in planning policy since the earlier approval with the introduction of the NPF4. Equally, whilst the holiday use is remaining and occupancy levels remaining essentially the same, how the units are being delivery has changed from the approved buildings comprising a more permanent structure to ‘caravans’. This has been raised within all the objections as an area of concern. 42 The NPF4 offers general support for new tourism development (which includes caravan sites) within Policy 30(a). This policy states that new proposals will be supported in locations identified within the LDP, and part (b) then goes on to say that proposals for tourism related developments will take into account (amongst other things), the compatibility with the surrounding area in terms of the nature of the development the impact of increased visitors. 43 Whilst the site is not allocated within the LDP, the site does have an existing planning permission for a holiday use and this would ordinarily outweigh a LDP allocation for a holiday use. The proposal would only marginally increase the overall number of guests across the site (2 extra beds), and this would have a negligible additional impact on the local area in terms of increased visitors from what already has permission. In terms of the general scale of the development, this is not really changing from what has been consented already with the same number of units proposed in a similar layout and arrangement from the approved details, but the nature of the development is nevertheless changing by virtue of the development moving from buildings to ‘caravans’. It could be argued that the extant permission was for a holiday park and the current proposal is for a caravan park, simply by definition.
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44 In Scotland, the definition of a ‘caravan’ is set out in the Caravan Act of 1960 Act (subsequently amended over the years), and this states that a ‘caravan’ is a structure designed or adapted for human habitation which- a) is composed of not more than two sections separately constructed and designed to be assembled on a site by means of bolts, clamps or other devices; b) is, when assembled, physically capable of being moved by road from one place to another (whether by being towed, or by being transported on a motor vehicle or trailer), shall not be treated as not being (or as not having been) a caravan within the meaning of Part I of the Caravan Sites and Control of Development Act 1960 by reason only that it cannot lawfully be so moved on a highway road when assembled. 45 The dimensions when assembled shall not exceed any of the following limits, namely • length (exclusive of drawbar): 65.616 feet (20.00 metres); • width : 22.309 feet (6.80 metres); • height: 10.006 feet (3.05 metres). 46 The sizes listed above allow for the larger twin unit caravans to still fall under the definition of a caravan. These larger units are now common across many holiday parks and are often referred to as lodges by both their manufactures and the operators of holiday sites. They look different than a typical single unit static caravan, and provide more space and luxury than single units. They are now often used for residential accommodation due to their quality, and ‘Park Homes’ are essentially the style of units proposed here. 47 The units will be externally clad, have private decking areas and whilst they will be made off site and then transported to the site in parts, they will be modified onsite with individual basecourses to ensure that no jacks or wheels are visible, and they will ultimately look like a permanent building when finished. Whilst they will remain a caravan (by definition), they would very much appear like a holiday lodge as opposed to a typical static caravan. In direct comparison what benefits from planning permission, the shallower pitch would be the principal change in their visual appearance. 48 In essence, the change from a holiday log cabin to a large holiday lodge (which is a caravan by definition) would result in a change in the nature of the development but only in the physical construction and not necessary in the appearance or use. 49 Accordingly, the proposal is considered to be consistent with part (b) of Policy 30 of the NPF4. 50 Policy 29 (Rural Development) of the NPF4 offers general support for new development in rural areas which encourages economic activity and where the developments are suitably scaled, sited and designed to be in keeping in with the character of the area concerned. As the proposed change of design of the holiday units would have little impact on the economic (tourism) benefit to the area from
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what already benefits from planning permission, and the development is considered to be suitably sited and scaled and in keeping with the area, the proposal also aligns with this policy. 51 Policy 9 (brownfield, vacant and derelict land and empty buildings) of the NPF4 allows for new development on greenfield sites, but only where the development complies with the relevant policies contained in the LDP. There is no specific policy relating to new caravan sites within the LDP2, but there are broad policies relating to new rural businesses (Policy 8) and the need to ensure that all new development is compatible with existing land uses and does not result in any adverse impact on the environment or visual and residential amenity (Policy 1). 52 In terms of Policy 8, this policy goes on to say that new tourism related proposals will be supported where it can demonstrate that the proposal would improve the quality of new or existing visitor's facilities, allow for a new market to be exploited or expend the tourism season. The policy goes on to say that proposals for new tourism related development must be justified through a business plan. 53 This proposal does not relate to a new tourism development. It relates to an amendment to an existing approved tourism development by changing the design and nature of the proposed holiday units. Whilst it would have been useful for the applicant to provide some justification and a business model to help explain and justify the change in design approach to this development, it is not deemed absolute necessary as the holiday use has been established by the terms of the extant planning permissions. There does however remain a requirement for an assessment against how the amended proposals looks, and relates to the existing environment. 54 Policy 14 of the NPF4 relates to design standards, and looks to encourage, promote and facilitate well designed developments and to promote high standards for all new development. The amendments essentially look simply the designs of the units, generally make them smaller and whilst the applicant has indicated specially – reduce the costs of the development and to make it more viable in what is still a challenging financial climate for both the construction and tourism industry. The principle visual change from the approved details would inevitable be slightly shallower roof pitches, compared to those of the approved development. This would be a visual change, however the proposed changes would not necessarily look out of place in the context of the local area and with external cladding proposed, and onsite modifications likely to make the units appear more like lodges than a typical static caravans the proposal (once complete) is not likely to be incongruous. Landscaping and planting across the site has started, and whilst still in its infancy and not yet completed, what has so far been delivered shows good progress which will be continued with further planting and landscaping across the site (Condition 8). 55 In all, the proposal raises no conflict with Policy 14 of the NPF, subject to landscaping and planting measures continuing both internally and across the perimeter.
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56 Concerns have been raised within the letters of representations that the quality of the development now proposed is not the same as consented. It is not for the planning authority to base planning decisions for a new proposal on whether it is better or worse than a consented scheme. The assessment should be based on whether or not the proposal is acceptable in its own right. In this case, the proposal is considered acceptable in its own right– subject to conditions. 57 For a typical caravan site, there would be the ability for the owner to move caravans around without necessary obtaining a new planning permission and introduce more caravans under the terms of the site licence. For this site, and on the basis that approval has been recommended as a change of unit design only and not a change in density or numbers, a condition has been recommended to ensure that the layout shown on Plan 04 is delivered only, and no other variation (Condition 13). Conditions which control the occupancy of the units, and a requirement for advance signage alerting users of the site that this is a holiday site only, are also recommended (Conditions 2 and 3). Other Potential Uses 58 Some concerns have been raised that the development will progress to become a gypsy/traveller site, and the change of design and nature of the accommodation is to facilitate this. 59 There has been no suggestion by the applicant that this will be the case and any use of any of the units as permanent accommodation would require the benefit of planning permission. After inspecting the site, the progression of the landscaping is consistent with that of a holiday use. As is standard for developments which relate to holiday use, a condition will be attached to control the use (Condition 2). In addition to this, and to help reduce the risk of misinterpretation of what the use is onsite and what is consented, a condition which requires advance signage at the entrance of the site is also attached – with details to be agreed with the Council (Condition 4). Visual Amenity, Design and Layout 60 It is noted that the majority of the concerns raised within the letters of representations relate to the nature of the development moving from a more permanent building to caravans. As alluded to previously, caravans are legally defined by the Caravan Act (as amended), and what is now proposed for 7/8 units are caravans. However, the quality and general appearance of twin unit caravans have significantly improved over the years and whilst the slightly shallow pitches remain a tell of what they are, there is no doubt that these type of units can look more like holiday lodges (and cabins) or small bungalows, and can be adopted to look more permanent. 61 It would not be reasonable to refuse this application simply because the units are now ‘caravans’ as opposed to buildings. An assessment on what meaningful impact that change has is required, and in visual terms the impact would be marginal. The site is set back from the public road to the east, and views towards and into the site
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are significantly restricted by natural vegetation and topography on surrounding local roads, as well as benefitting from the backdrop of a mature tree belt. 62 Some more direct views of the site would be achievable from the run of residential properties to the north, but the sites boundaries would be some 100m away. To the south and the west, the site is not visible with mature trees and hedges forming a natural boundary and visual screening. 63 In terms of other design and layout matters, all matters relating to internal access and drainage remain unaltered from the extant permission and these are now partly installed, but not entirely completed. Since the commencement of the extant permission, the applicant has invested heavily in landscaping with new landscaping to the north east of the units partly now in place, and starting to mature. Tree planting has also occurred along the eastern edge of the site adjacent to the public road. In general terms, the site is now starting to become visually attractive and beginning to provide some additional biodiversity interest– both of which is welcome. The landscaping and planting does remain unfinished, but the early progress is encouraging. Notwithstanding this position, a condition seeking clarification of the details which includes additional screening to the north will be attached to this permission (Condition 8). 64 In all, the proposal is considered to be acceptable from a visual amenity and design perspective, and raises no conflict with the relevant policies relating to Placemaking and Design contained across the Development Plan. Landscape 65 It has been raised within the letters of objections that the proposal would have an adverse impact on the qualities of the landscape of the area. The area is not in a protected landscape, is not part of a Local Landscape Area nor is it part of a Historic Garden and Designed Landscape. The site is located within the environmentally sensitive Local Leven Catchment area and Loch Leven is a SAC, but these designations are not landscape related but principally based on water quality, and ecological and wildlife. 66 In any event, bearing in what is proposed in terms of scale and significant, and the existing topography and landscape features, the proposal would not have any more of an impact on the landscape character of the area than the previously approved permission. Residential Amenity 67 The compatibility with existing land uses (residential) was previously considered as part of the assessment of the extant permission and subject to conditions, the two land uses were considered compatible. This position has not changed. 68 There would be some distance to the closest residential property, and subject to conditions relating to an operational management plan, and level of noise from plant and equipment and delivery times the residential amenity enjoyed by existing
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neighbours should be protected. As mentioned previously, an extra condition will be attached to this permission which will control a) the number of units (caravans) and b) ensure the ones which are consented are located as per the approved plans (Condition 13). This will avoid the potential for caravans to be sited closer to the existing residential properties which may result in more potential for nuisance to occur. 69 A standard condition concerning noise from plant and equipment is recommended (Condition 5), as is a requirement for a site specific operational management plan (OMP) to ensure that the site is managed appropriately and noise nuisance is managed and controlled (Condition 14). The applicant has not provided any details of their business model for the site, but it is expected that all the units would remain in the same ownership and not be sold on independently. Keeping all the units within the same ownership will make the delivery of a OMP more workable and enforceable, and conditional control can deliver this (Condition 15) 70 In terms of external lighting, conditional control will be attached to the permission which requires any lighting to be soft lighting, and design and sited in such a way as to not create light pollution or nuisance to neighbours (Condition 6). Subject to these conditions, the proposal raises no conflict with the various residential amenity policies contained in the Development Plan. Roads and Access 71 The proposal raises no issues in terms of the proposed vehicular access with the public road, or internal arrangements. The bellmouth area with the public road has been improved since the commencement of the extant permission, and the overall details remain unaltered from the extant permission and raise no concerns with the Transport Planning team. Drainage and Flooding 72 The site is not within a flood risk area, and suitable measures are in place to ensure that surface water is managed as to not shed onto neighbouring land. In terms of foul drainage, a new combined system has been installed on site which will take the foul waste from all of the proposed units. 73 The site is located within the Loch Leven Catchment area, where there is a requirement for phosphorus mitigation. The drainage arrangements for this development include a new system onsite and the upgrade of existing systems off site. Both the onsite and the upgrades have occurred and have been registered with SEPA. The population equivalent for the current proposal is slightly higher than that of the previously approved development (2 extra bedrooms), however the calculations previously presented showed a significant surplus of mitigation. Ordinarily, any excess in mitigation is ‘gifted’ to the loch and cannot be credited, however as this development is not a new one but a redesign and is yet to be occupied or used, it would not be reasonable to seek a further mitigation property. In all, the proposal remains consistent with the various phosphorous mitigation policies in the Development Plan.
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74 As there will be a requirement for the continued maintenance of the onsite drainage system, conditions in relation to the foul drainage are recommended to be attached to the permission (Conditions 10, 11 and 12). Waste Collection 75 It would be expected that communal facilities will be provided at the entrance to the site, for collection via a commercial contract. A condition is attached to clarify the details of the presentation areas (Condition 7). Conservation Considerations 76 The proposal does not impact on any listed building, conservation area or local archaeology. Natural Heritage and Biodiversity 77 The site is essentially a grassed paddock area, with no trees directly affected. The biodiversity value of the site is low, but there would be an opportunity to enhance that by introducing new landscaping and planting which comprises native and bio- diversity flowers and trees, and wildlife boxes. This has started under the terms of the extant permission, however a condition is attached to seek an update from the applicant on their intentions as well as the delivery of wildlife boxes (Condition 13). Subject to this, the proposal aligns with the various biodiversity policies of the Development Plan and would provide a proportionate level of biodiversity enhancement. Impact on Trees 78 The development area is clear of trees (apart from the new ones planted), but there are some trees along the western boundary, and southern and these may have some roots which travel into the site. In order to ensure that these trees are not damaged during the construction phase, tree protection will be required with suitable CEZ identified (Condition 9). Subject to this, the proposal raises no issues in terms of tree issues. Low and Zero Carbon Generating Technologies 79 Policy 32 of the LDP2, states that proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. Whilst there are some exceptions, it would be expected that a statement of compliance is submitted for this proposal (Condition 16). Developer Contributions 80 The proposal is only seeking the change of design of units only and is not increasing the numbers of units. There is therefore no requirement for any new
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Development Contributions in relation to Transport Infrastructure. In relation to Affordable Housing and Primary Education, as these relate to housing proposals only, they are not applicable for this development. Economic Impact 81 The proposal would have a positive impact on the local economy due to the tourism nature of the development. Variation of Application Under Section 32A 82 The application has not been varied or amended. Planning Obligations and Legal Agreements 83 None required. Direction By Scottish Ministers 84 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 85 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 the following conditions. 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. The development hereby approved must be used solely for holiday accommodation and shall not be occupied as the sole or main residence of any occupant. This permission does not permit any onsite managers accommodation.
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Reason - In order to clarify the terms of this planning permission. 3. Prior to the commencement of the development hereby approved, details of advanced signage which clarify states the site is for holiday use only shall be submitted to and approved in writing by the Council as Planning Authority. The approved details shall be installed prior to the first use commencing, and thereafter retained. Reason - In order to reduce the risk that the approved units are used for permanent residency without the necessary planning permissions in place. 4. Prior to the commencement of the development hereby approved, details of the proposed internal boundary treatments between the holiday units shall be submitted to and approved in writing by the Council as Planning Authority. The approved details shall be implemented progressively as the development progresses. Reason - In the interest of proper site management 5. All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In the interest of protecting existing residential amenity. 6. 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 protecting residential amenity and road safety by avoiding excessive glare or brightness. 7. Prior to the commencement of the development hereby approved, detailed drawings showing waste and recycling facility enclosures or waste and recycling facility storage areas and associated locations for bin presentation shall be submitted to and approved in writing by the Council as Planning Authority. The approved details shall thereafter be implemented in full. Reason - In order to ensure that suitable waste and recycling facilities are provided. 8. Prior to the commencement of the development hereby approved, an updated landscaping and planting scheme for the site shall be submitted to and approved in writing by 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
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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. Any planting which fails within the first 5 years shall be replaced on a like for like basis within the next available planting season. Reason - In order to protect the visual amenity of the area. 9. Prior to the commencement of the development hereby approved, a 1:200 site plan which identifies the Construction Exclusion Zone (CEZ) shall be submitted to and approved in wiring by the Council as Planning Authority. This plan shall include protective fencing, which must adheres to BS 5837 2012: Trees in Relation to Design, Demolition and Construction. The CEZ as subsequently approved shall be strictly adhered to during construction of the development, and the approved fencing shall also remain in place for the duration of the construction phase. Reason - In order to ensure that the existing boundary trees are not adversely affected by the development. 10. Prior to the occupation of any of the approved holiday units, foul drainage infrastructure capable of achieving not less than 125% phosphorus mitigation associated with this development shall be undertaken in a phased manner: a) No development shall commence on the approved development site until the mitigating foul drainage infrastructure at the remote properties at Whistlebrae, Milnathort, KY13 0RP & Muirhead of Warroch, Milnathort KY13 9RS has been installed b) Following the installation of the foul drainage infrastructure at the remote property/properties, the development site shall only be occupied once the onsite foul drainage infrastructure for the development site has been installed. For the avoidance of doubt all installed drainage infrastructure must be retained and maintained inline with the manufactures’ specifications at all times. Reason - To ensure appropriate drainage arrangements are installed and retained to remove phosphorus from the Loch Leven Catchment Area thereby ensuring compliance with Policy EP7A, B & C: Drainage within the Loch Leven Catchment Area of the Adopted Perth and Kinross Local Development Plan 2014 and Enterprise and Infrastructure Committee Resolution of 28 August 2013. 11. Prior to the commencement of the development hereby approved, the permits granted under the Environmental Authorisations (Scotland) Regulations 2018 for the drainage infrastructure associated with this development shall be submitted to and approved in writing by the Council as Planning Authority Reason - To ensure appropriate drainage arrangements are installed and retained to remove phosphorus from the Loch Leven Catchment Area thereby ensuring
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compliance with Policy EP7A, B & C: Drainage within the Loch Leven Catchment Area of the Adopted Perth and Kinross Local Development Plan 2014 and Enterprise and Infrastructure Committee Resolution of 28 August 2013. 12. 10 bat boxes and 10 bird nesting boxes shall be installed across the site. The bat boxes shall be sited and installed as per the recommendations of the Bat Conservation Trust, whilst the bird nesting boxes shall be sited and installed as per the guidance of the Scottish Wildlife Trust. All the boxes shall be in place before the first use of any of the units commencing, and thereafter all shall be retained in a usable condition. Reason - In order to ensure a proportionate level of biodiversity enhancement is provided. 13. The development hereby approved relates to the siting of caravans in the locations shown on the approved Plan 04 only. No additional caravans or revised locations are approved under this planning permission. Reason - In order to clarify the terms of this planning permission. 14. Prior to the commencement of the development hereby approved, an Operational Management Plan (OMP) for the site shall be submitted to and approved in writing by the Council as Planning Authority. The OMP shall address noise mitigation measures and how anti-social behaviour is managed and controlled, and shall include a requirement for yearly reviews on its successfulness. The approved OMP shall be operated at all times. Reason - In order to protecting existing residential amenity. 15. All the approved holiday units shall remain with the same ownership, and shall not be sold off individually. Reason - In order to reduce the risk of adverse impact on residential amenity. 16. Prior to the commencement of the development hereby approved, a statement demonstrating that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies shall be submitted to and approved in writing by the Council as Planning Authority. The principles of the statement shall thereafter be adhered too. Reason - In order to comply with the terms of Condition 32 of the adopted Perth and Kinross Local Development Plan 2 (2019). Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan.
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Procedural Notes None applicable. 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 (or any other person(s) taking on this permission) should be aware that a caravan site licence will be required in terms of Section 1 of the Caravan Sites and Control of Development Act 1960 and therefore an application should be made to the Environmental Health if planning consent is approved. Background Papers Letters of representation 57 Authors 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