Agenda Document Pack - Planning and Placemaking Committee - 09/09/2026
Perth and Kinross Council · 9 September 2026
Back to Planning and Placemaking Committee — 9 September 2026 and its agenda
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Ambition | Compassion | Integrity Our vision is for a Perth and Kinross where everyone can live life well, free from poverty and inequality Council Building 2 High Street Perth PH1 5PH 31/08/2026 A hybrid meeting of the Planning and Placemaking Committee will be held in the Council Chamber on Wednesday, 09 September 2026 at 10:30. If you have any queries please contact Democratic Services on (01738) 475000 or email Committee@pkc.gov.uk. THOMAS GLEN Chief Executive Those attending the meeting are requested to ensure that all notifications are silent on their device and other devices are in silent mode. Please note that the meeting will be broadcast online and recorded. The recording will be publicly available on the Council’s website following the meeting. Members: Councillor Ian Massie (Convener) Councillor Grant Stewart (Vice-Convener) Councillor Keith Allan Councillor Bob Brawn Councillor Dave Cuthbert Councillor Ken Harvey Councillor David Illingworth Councillor Ian James Bailie Claire McLaren Councillor Richard Watters Bailie Mike Williamson Page 1 of 118
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Planning and Placemaking Committee Wednesday, 09 September 2026 Agenda Members are reminded of their obligation to declare any financial or non- financial interest which they may have in any item on this agenda in accordance with the councillors’ code of conduct. 1 WELCOME AND APOLOGIES/SUBSTITUTES 2 DECLARATIONS OF INTEREST 3 MINUTE OF MEETING OF THE PLANNING AND PLACEMAKING COMMITTEE OF 12 AUGUST 2026 FOR APPROVAL (copy herewith) 5 - 8 4 DEPUTATIONS 5 APPLICATIONS FOR DETERMINATION 5(1) MAJOR APPLICATIONS 5(1)(i) 24/01616/FLM - FORMATION OF OPERATIONS COMPLEX COMPRISING ERECTION OF WELFARE BUILDINGS, OFFICE BUILDING, LAUNDRY FACILITIES, WORKSHOP, ALTERATIONS TO EXISTING ACCESS, FORMATION OF ROADS, PARKING AREAS AND ASSOCIATED WORKS, LAND 600 METRES NORTH EAST OF SEALTAINN, BOLFRACKS, ABERFELDY, PH15 2EY Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/240) 9 - 48 5(2) LOCAL APPLICATIONS 5(2)(i) 25/01468/FLL - ERECTION OF CHILDREN'S PLAY AREA, FORMATION OF 36 CAR PARKING SPACES, 4 EV CHARGERS AND BICYCLE RACK AND ASSOCIATED WORKS, SEAMAB SCHOOL, RUMBLING BRIDGE, KINROSS, KY13 0PT Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/241) 49 - 72 Page 3 of 118
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5(2)(ii) 26/00060/FLL - CHANGE OF USE FROM VEHICLE SALES FORECOURT TO PETROL FILLING STATION, FORMATION OF WASH BAY, INSTALLATION OF COMMUNICATIONS CABINET AND ASSOCIATED WORKS (PART RETROSPECTIVE), CARGILL AUTOS, MAIN STREET, BRIDGE OF EARN, PERTH, PH2 9PJ Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/242) 73 - 96 5(2)(iii) 26/00097/FLL - 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), LAND 250 METRES SOUTH OF GELLYBANK FARM, KINROSS Report of Handling by Development Management and Building Standards Service Manager (copy herewith 26/243) 97 - 118 Page 4 of 118
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Planning and Placemaking Committee Minute of hybrid meeting of the Planning and Placemaking Committee held in the Council Chambers, 2 High Street, Perth, on Wednesday 12 August 2026 at 9.30am. Present: Councillors I Massie, G Stewart, K Allan, B Brawn, D Illingworth, K Harvey, I James, G Laing (substituting for (D Cuthbert), R Watters and Bailie M Williamson. In Attendance: S Panton and K Smith (all Economy, Development and Planning); A Brown, C MacLeod, E Ferguson and M Pasternak (all Legal and Governance). Apologies: Councillor D Cuthbert and Bailie C McLaren. Councillor I Massie, Convener, Presiding. 1. Welcome and Apologies The Convener welcomed everyone present to the meeting and noted apologies as above. 2. Declarations of Interest There were no Declarations of Interest made in terms of the Councillors Code of Conduct. 3. Minutes The minute of meeting of the Planning and Placemaking Committee of 10 June 2026 was submitted and approved as a correct record. 4. Deputations There were no deputations requested, however it was noted that Mr P Scott, agent on behalf of the applicant for Item 5(1)(i) was present and available to answer members questions. 5. Applications for Determination (1) Major Application (i) 26/00122/FLM - Change of use of holiday cottages to allow holiday use or residential use as staff accommodation for employees of Taymouth Castle Estate, Moness Resort, Aberfeldy, PH15 2FS (Report No. 26/211) Mr P Scott, agent, answered members questions. Resolved: Grant, subject to the following terms, conditions and informatives: 3 Page 5 of 118
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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 units hereby approved shall be used solely for holiday accommodation or for staff accommodation in connection with the Taymouth Castle Estate only. For the avoidance of doubt, occupation for staff accommodation shall be limited to employees (and, where applicable, their immediate families) of the Taymouth Castle Estate only. The operator shall maintain an up-to-date register of occupants, including details of employment (where relevant) and duration of stay, which shall be made available to the Planning Authority on request. Reason - To ensure that the accommodation can be utilised for both tourism accommodation or for staff accommodation does not give rise to unrestricted residential use, in the interests of proper planning and in accordance with the approved use of the site. 3. Prior to any of the units being utilised for staff accommodation, a detailed design for the proposed secure covered cycle parking facility for a minimum of 20 cycles shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The design shall also show the location of the cycle parking which shall take account of the visual amenity of the area and setting of nearby listed buildings. The cycle parking, as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority prior to the development being brought into use. Reason - To encourage active travel and meet advice within Scottish Planning Policy on transport. 4. Prior to any of the units being utilised for staff accommodation a Green Travel Plan (GTP), aimed to encourage more sustainable means of travel, shall be submitted to and subsequently approved in writing by the Planning Authority in consultation with Transport Planning. The GTP will have particular regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided (including the provision of new cycle storage, path links), the system of management, monitoring, review, reporting and the duration of the plan. This can be based upon the Draft Green Travel Plan submitted with the application (doc ref:19). The GTP shall include measurable targets for a percentage reduction Page 6 of 118
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in single-occupancy car use, a percentage target for shuttle service use and a percentage target for car-share uptake. The GTP shall also include the following: • What are the targeted modal splits/expected outcomes for shuttle vs car etc • Shuttle service commitments (minimum service levels/manage over subscription/future demand) • Reducing car use (how will this be done, incentives for shuttle use, disincentives for unnecessary single vehicle trips (e.g parking management, priority for car share) • Travel Demand Management - Co-ordination of shift times to ensure car sharing/car parking allocations/encouraging staff without car to use Moness accommodation. • The monitoring period for the travel plan for this scale of site would probably need to be longer than 18 months. The GTP as approved in writing shall be adhered to for the lifetime of the development and shall be a fluid document. Any changes proposed should be submitted to the Planning Authority for written approval. Reason - To promote sustainable transport options and to meet advice within Scottish Planning Policy on transport. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. 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. The proposal does not involve an increase in the vulnerability of the land use and therefore the submission of a Flood Action Plan has not been required as a condition of this permission. However, it is recommended that the applicant gives consideration to the preparation and Page 7 of 118
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implementation of a Flood Action Plan as a precautionary measure. This would assist in enhancing resilience to potential flood events and support the safety of occupants and the continued operation of the development. 4. The internal site is to remain private and as such will not be maintained by Perth & Kinross Council, nor will it be suitable for future adoption. The Waste Services team have requested that if the developer would like the Waste Collection Vehicle to enter the site to collect waste, then the developer will be required to indemnify the Council through a signed waiver. 5. The applicant can seek guidance on the detailed design and positioning of the cycle storage from Transport Scotland's Cycling by Design 2021 or similar design guide. 6. Proposal of Application Notices (PoAN) (i) 26/00007/PAN - Erection of a primary school, playground areas, grass pitches, MUGA, car parking, landscaping and associated works, land 250metres south west of Bertha Park High School, Adamson Avenue, Perth, PH1 0AU (Report No. 26/212) Bailie Williamson requested that consideration be given to the orientation of the MUGA and grass pitches to optimise the amount of sunlight the grass receives in order to limit moss growth and slime mould; and the level of drainage required. Councillor James requested that cognizance of any issues for the local residents. The contents of the Report by the Development Management and Building Standards Service Manager, were noted. Page 8 of 118
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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. 26/240) Proposal: Formation of operations complex comprising erection of welfare buildings, office building, laundry facilities, workshop, alterations to existing access, formation of roads, parking areas and associated works Location: Land 600 Metres North East Of Sealtainn, Bolfracks, Aberfeldy, PH15 2EY Ref. No: 24/01616/FLM Ward No: P4 - Highland Summary The proposed Back of House Operations Village is recommended for approval as essential permanent operational infrastructure required to support the management and operation of Taymouth Castle Estate, an established rural business and tourism destination of economic significance. It replaces temporary facilities in a more sensitive part of the estate. The development principle is supported by Perth and Kinross Local Development Plan (LDP2) Policy 8 and National Planning Framework 4 (NPF4) Policy 29, which encourage the growth and diversification of existing rural businesses. Supporting information shows that alternative estate locations are constrained by heritage, landscape, flood risk and operational considerations, the proposal representing the most suitable option. While there will be localised landscape change within the Taymouth Castle Garden and Designed Landscape, the proposal is carefully designed (as amended) to minimise impacts via siting, scale, materials, landscaping and screening. Technical assessments and consultation responses confirm that impacts on landscape, ecology, the River Tay SAC, trees, noise, lighting, air quality, drainage, flood risk, transport and archaeology can be satisfactorily mitigated through planning conditions. The proposal will also support the continued investment, employment and economic benefits associated with the wider Taymouth Estate. The operational need, policy support, lack of suitable alternatives, and acceptable environmental impacts weigh significantly in favour of the development and overall the positives significantly outweigh the negatives. Accordingly, the proposal is considered to accord with the Perth and Kinross Local Development Plan and NPF4 and is recommended for approval subject to conditions. 5(1)(i) Page 9 of 118
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Background and Description of Proposal 1 This proposal is the erection of a “Back of House” Operations Village some 600 metres (m) north-east of Sealtainn, Bolfracks, Aberfeldy. This part of the wider ongoing redevelopment and restoration of the Taymouth Castle Estate, a nationally important heritage asset including a Category A listed building and designated Designed Garden and Landscape. 2 Comprising a purpose-built operations village and provide essential infrastructure for the management, maintenance and operation of the estate. This includes a range of facilities such as administration offices, staff welfare and service buildings, a commissary (staff restaurant/food store) and associated infrastructure including access improvements, internal roads, parking, and supporting development comprising a greenhouse and link road. 3 The development is required to replace existing temporary ‘back of house’ facilities currently located just north of the A listed Taymouth Castle and not providing a sustainable long-term solution, reflected by the time-limited consent expiring in 2029 (ref: 23/02148/FLL). This area eventually proposed as a formal landscaped garden. The relocation of facilities site reflects the needs of the estate while reducing operational pressures within the sensitive core of the designed landscape. 4 The location is set within Newhall Woods, in the far east of the main estate. This area characterised by woodland, former plantation forestry and overhead powerline infrastructure corridors. Thus whilst within nationally and locally designated landscapes, it is considered a less sensitive part of the wider designed landscape. The proposals taking this into account and resulting in a design responding to the constraints, topography, and landscape context. 5 The proposals include: • Upgrade of an existing vehicular access from the A827 adjacent to East Lodge • Formation of a road, parallel to A827 • Security parking and kiosk • Roundabout and turning area • Two lane loop around buildings • Internal bus stops for shuttle service to remainder of estate • Access road connecting west into the Taymouth Estate • Commissary building – delivery hub with kitchen, bakery, canteen, lockers and support services • Administration offices – offices, meeting rooms and estate management functions • Laundry building – processing estate laundry (relocated from temporary location north of castle, ref:23/02148/FLL) • Staff gym and lounge – welfare facilities • Security/management kiosk – controlling site access • Vehicle wash bay – for cleaning estate vehicles • Refuse and recycling area Page 10 of 118
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• Greenhouse – growing food and flowers for estate use (subject to separate application currently under consideration 24/01618/FLL) • Car Park (subject to separate application also currently under consideration 24/01617/FLL) • SSE Substation (subject to separate applications – 26/00740/FLL under consideration and 26/01016/FLL - currently awaiting validation) 6 The proposal is designed sustainability and with efficient use of existing resources, reusing some of the operational buildings currently closer to Taymouth Castle within the proposed Operations Village. These include existing delivery, laundry and storage facilities, to be adapted for staff welfare, maintenance and estate management uses. 7 The supporting documents accompanying the application (Design and Access Statement, Landscape and Visual Impact Assessment, Transport Assessment, Flood Risk Assessment, and other technical reports) set out the design rationale, environmental considerations, and policy context. Site History • 24/01617/FLL – Formation of Car Park – Under consideration. • 24/01618/FLL - Erection of greenhouse and formation of access road – Under Consideration. • 26/00740/FLL - Land engineering operations to form platform for future works – Under Consideration • 26/01016/FLL - Installation of switchroom, statcom unit and 2 transformers, formation of access track and associated works – Awaiting validation/registration Environmental Impact Assessment 8 A screening exercise was undertaken by the Planning Authority in August 2024 (ref:24/01282/SCRN) in accordance with the EIA (Scotland) Regulations 2017 which concluded that this development, whilst falling under Schedule 2 (10) and (12) of the above regulations relating to Urban Development Projects and Tourism and Leisure, was unlikely to result in significant environmental effects. It was therefore concluded that the proposal was not EIA development. Pre-Application Consultation 9 The proposed development is classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. Therefore, the applicant was required to undertake formal pre application consultation with the local community. The content of the Proposal of Application Notice (PoAN) (ref. 23/00007/PAN) was approved by Perth and Kinross Council in April 2023 and two public consultation events were subsequently held at the Page 11 of 118
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Kenmore Hotel on 17 May and 21 June 2023, alongside supporting engagement including a dedicated project website, neighbour notification and press advertisements. 10 Public comment during the PAC process, as outlined in the submitted PAC Report, identified a range of matters including the scale and visual impact of the development within the rural landscape, potential ecological impacts, effects on access and road safety, and the implications of specific elements such as the originally proposed biomass plant. There was a mixed overall response, with support noting economic benefits, job creation and the role of the development in supporting the Taymouth Estate, while concerns focused on environmental and landscape impacts. The applicant has confirmed that feedback has informed the evolution of the proposals, including the removal of the biomass plant and incorporation of mitigation measures. 11 The PoAN was considered by the Planning and Development Management Committee on 14 June 2023 with Members noting the proposed consultation approach. Development Plan 12 The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance. National Planning Framework 4 13 The National Planning Framework 4 (NPF4) is the Scottish Government’s long-term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve peoples lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 14 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 18: Infrastructure First • Policy 22: Flood Risk and Water Management • Policy 23: Health and Safety • Policy 29: Rural Development • Policy 30: Tourism Page 12 of 118
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Perth and Kinross Local Development Plan 2019 15 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. 16 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 6: Settlement Boundaries • Policy 8: Rural Business and Diversification • Policy 15: Public Access • Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments • Policy 29: Gardens and Designed Landscapes • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 38A: Environment and Conservation: International Nature Conservation Sites • Policy 39: Landscape • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 52: New Development and Flooding • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 55: Nuisance from Artificial Light and Light Pollution • Policy 56: Noise Pollution • Policy 57: Air Quality • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 17 • Supplementary Guidance - Air Quality (adopted in 2020) • Supplementary Guidance - Delivering Zero Waste (adopted in 2020) • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) Page 13 of 118
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Other Material Considerations PKC Non Statutory Guidance 18 • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft) National Guidance 19 The Scottish Government expresses its planning policies through various documents including the National Roads Development Guide and a series of Circulars in addition to NPF4. Those relevant are listed below. National Roads Development Guide 2014 20 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 21 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 Local Place Plan in place covering this area. Consultations 22 As part of the planning application process the following bodies were consulted: External 23 Perth and Kinross Heritage Trust - No objection, but advise the site is archaeologically sensitive, with potential for prehistoric remains and features associated with Taymouth Castle and its designed landscape. PKHT supports the submitted assessment and recommends that archaeological evaluation and recording works be secured through a Written Scheme of Investigation (WSI) via planning condition. 24 Historic Environment Scotland - The principle of the development is considered acceptable, being located within a less sensitive part of the Taymouth Castle Designed Garden and Landscape. The western parts of the development would be visible from the A827 where there are open views west across the designed landscape and down to Kenmore. The assessment of potential setting and landscape impacts submitted with the application are welcomed as are the proposed mitigation measures. Page 14 of 118
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25 Kenmore Community Council - No comments 26 Scottish Water - No objection 27 Scottish Environment Protection Agency - No objection, but highlight there may be surface water run-off from drain B. Advising this is for the local authority to take a view on. 28 NatureScot - No objection, subject to mitigation. Advise that the development is likely to have a significant effect on the River Tay SAC and therefore requires an Appropriate Assessment. But conclude that there will be no adverse effect on site integrity provided a Construction Method Statement (CMS) is implemented to control pollution and sediment run-off during construction. Also advise that impacts on protected freshwater pearl mussels can be avoided through the proposed mitigation measures, including an appropriate sewage treatment plant and implementation of the CMS. Internal 29 Conservation Team - No objection in principle, notes that, although the site lies within a less sensitive part of the Taymouth Castle Garden and Designed Landscape, the scale of the development will result in a significant change to the rural landscape character. Recommend that buildings remain single storey, that natural and sympathetic materials are used, hard landscaping is minimised, and landscaping and tree protection measures are secured by condition to reduce visual impacts. 30 Flooding - No objection, subject to conditions requiring the submission of a detailed Drainage Strategy and SUDS scheme. Advise the site lies outwith the River Tay floodplain and recommends a CMS to avoid impacts on the River Tay SAC. 31 Environmental Health (Contaminated Land) - No objection 32 Environmental Health (Noise Odour) - No objection. Advise the submitted Noise Impact Assessment and Air Quality Impact Assessment are accepted and conclude that operational noise, traffic and air quality impacts would not be significant. Recommend conditions relating to operating hours for the workshop and vehicle wash bay, noise limits for plant and equipment, external lighting, construction hours, dust management and controls on vehicle idling. 33 Transportation and Development - No objection, subject to conditions. Advise satisfaction with the proposed access arrangements, parking provision, internal road layout and transport assessment, but recommend conditions relating to access construction, visibility splays, a Construction Traffic Management Plan, bus stop infrastructure, covered cycle parking, a Green Travel Plan, and servicing arrangements for the wastewater treatment plant. 34 Development Contributions Officer - Advise no contributions are required. Page 15 of 118
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35 Commercial Waste Team - Advise the proposed waste storage facilities are acceptable. 36 Enterprise Team - No comments 37 Biodiversity Officer - No objection, subject to conditions. Advise the submitted ecological assessments are in accordance with best practice, with all mitigation measures required to be implemented. Conditions are recommended to secure a revised Biodiversity Enhancement Plan, an Invasive Non-Native Species Control Plan, updated ecological surveys where necessary, and species protection measures during construction. Also note the presence of bat roosts requiring licensing from NatureScot and highlights concerns regarding the loss of trees within an area of ancient woodland, requiring appropriate mitigation and compensation. Representations 38 5 objections have been received, a summary of the issues are: • Traffic generation and impact • Road Safety • Contrary to Development Plan • Alternative sites preferable • Timing ang and hours of operation • Noise and residential amenity impact • “Salami” slicing of site • Impact on tourism • Waste management • Impact on River Tay Special Area of Conservation • Lighting impact • Out of character with area • Over intensive development • Lack of Environmental Impact Assessment • Flood Risk • Loss of trees • Loss of open space • Impact on ecology 39 These concerns are addressed in the Appraisal section below. Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed AA completed Page 16 of 118
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Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact e.g. Flood Risk Assessment Flood Risk Assessment (FRA) Landscape and Visual Impact Assessment (LVIA) Drainage Report (DR) Transport Statement (TS) and Draft Green Travel Plan (DGTP) Draft Construction Method Statement (DCMS) Drainage Impact Assessment (DIA) Energy Statement (ES) Ecological Appraisal (EA) Arboricultural Impact Assessment (AIA) Noise Impact Assessment (NIA) Planning Statement (PS) Air Quality Report (AQR) PAC Report Economic Impact Assessment (EcIA) Archaeology Report (AR) Appraisal 40 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance as identified above. Principle 41 The principle of developing the site for a Back of House Operations Village falls to be assessed against Policy 8 (Rural Business and Diversification) of the Perth and Kinross Local Development Plan 2019 (LDP2) and NPF4 Policy 29 (Rural Development), taking account of both the operational requirements of the Taymouth Castle Estate and the environmental sensitivities of the site and its surroundings. 42 The proposal is fundamentally linked to the ongoing redevelopment and operation of Taymouth Castle Estate, which is an established and consented development of considerable scale. Planning permissions across the estate include the refurbishment of the castle, numerous listed buildings, development of the golf course and the delivery of around 150 estate properties alongside associated tourism and leisure uses, reflecting a significant long-term investment in the site and its economic role within the area. The scale and complexity of this operation Page 17 of 118
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inevitably generates a requirement for a coordinated and properly designed back of house facility to support estate management, servicing and staff functions. 43 At present, these operational needs are being met through temporary facilities located within the estate adjacent to Taymouth Castle, providing key services including laundry, storage and staff welfare. However, these are approved on a temporary basis and are not suitable as a permanent solution, particularly given their location in proximity to the Category A listed castle and within a sensitive part of the designed landscape. The application therefore seeks to replace this interim arrangement with a permanent, consolidated facility designed to meet the long-term operational needs of the estate. 44 In this context, the proposal aligns positively with Policy 8 of the LDP, which supports the expansion and diversification of existing rural businesses where development is directly related to an established activity or site-specific opportunity. The operations village is clearly not a standalone or speculative development; rather, it represents essential supporting infrastructure required for the continued and longer-term functioning and management of the developing Taymouth Estate. This direct functional relationship is a key material consideration weighing in favour of the principle of development. 45 Similarly, the proposal accords with the intent of NPF4 Policy 29, which promotes rural economic activity, diversification and investment where these contribute to the sustainability of rural businesses and communities. The development forms part of a wider programme of investment that will support tourism, employment and estate management functions, thereby contributing to the local economy and helping to secure the long-term future of the estate as a significant rural enterprise. 46 Notwithstanding this support in principle, the assessment must also recognise that the site lies within a highly sensitive landscape context, including designation as part of the Taymouth Castle Garden and Designed Landscape. Development therein being inherently constrained and must be carefully justified, particularly where it introduces new built form into an undeveloped area. The scale of the proposal is c.11.9 hectares, emphasising the need to carefully balance operational requirements against potential impacts on landscape character. 47 The Planning Statement (PS) acknowledges these constraints and explains that the ability to accommodate development of this scale/nature within the wider estate is limited. Large areas being constrained by their proximity to listed buildings, their role within the designed landscape, existing land uses such as the golf course, and issues such as flood risk, particularly in areas closer to the castle. While the estate itself is extensive, the realistic opportunities for locating the proposed development without unacceptable environmental or heritage impacts are restricted. 48 In response, the applicant has undertaken an assessment of alternative sites within their ownership and concluded that the proposed ‘Newhall’ location represents the least sensitive and most suitable option available. The site is removed from the core of the designed landscape and principal listed buildings, thereby limiting impacts on the most sensitive heritage assets, while still maintaining a functional connection to Page 18 of 118
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the estate through existing access routes through Newhall Woods. The sites selection reflects a balance between operational necessity and environmental constraints, although it does result in the introduction of development into a currently undeveloped area. 49 The scale and form of the proposal also reflects the operational requirements of the estate. The range of facilities proposed—including administrative buildings, staff welfare facilities, servicing areas and associated infrastructure—corresponds with the needs of a large, actively managed rural estate and is supported by detailed justification within the submitted documents. While the overall footprint is substantial, it is clear that the scale is driven by functional necessity. Nevertheless, it is recognised that it will represent a significant change to the immediate character of the surroundings, and its location outwith any defined settlement boundary reinforces the need for robust justification. The separation of the operations village from the core estate, while beneficial in reducing impacts on heritage assets, also introduces built development into a new part of the landscape, which must be carefully weighed in the overall planning balance. 50 Taking all of these factors into account, the principle of development is considered to be supported by the strong operational need for the facility, its clear functional relationship to the Taymouth Castle Estate, and the broader policy support for rural diversification and economic development. These considerations are balanced against the sensitivity of the site and the scale of the proposal. However, the evidence demonstrates that alternative locations within the estate are either constrained or unsuitable, and that the chosen site represents the most appropriate option available. 51 On this basis, and subject to detailed consideration of landscape, visual and environmental impacts, the principle of the development is considered to accord with Policy 8 of the Perth and Kinross LDP2 and NPF4 Policy 29. Landscape and Visual Impact Assessment 52 The proposed development has been assessed against the relevant provisions of LDP2, in particular Policies 1A and B: Placemaking and Policy 39 (Landscape), together with NPF4 policies relating to design, placemaking and the protection of valued landscapes (including Policies 14, 20 and 29). Collectively these seek to ensure that development responds sensitively to landscape character, safeguards important views and designed landscapes, and achieves a high standard of design, informed by site context. 53 In this regard, the proposal incorporates an appropriate palette of materials, including timber cladding and dark, non-reflective corrugated finishes, reflecting a contemporary rural aesthetic and ensuring the development integrates with its landscape setting. The buildings are predominantly single storey, reinforcing a low- profile and subservient/appropriate form within the landscape. 54 Particular attention has been given to the design and scale of the estate administration building (Building 2). The initial design considered to be of a scale Page 19 of 118
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and massing not appropriate for this sensitive setting, with its design dominating the overall composition of what is otherwise a grouping of small-scale rural structures. Following a meeting with the project architect, amended plans were submitted significantly reducing its scale and prominence. The revised design now allows the proposal to be read as a cohesive grouping of related buildings rather than being dominated by a single structure. This through a reduced overall massing, simplified form, reduced gable heights, and a lowering of the roof pitch. In addition, associated plant and solar panels have been repositioned and are now discreetly accommodated at upper level, limiting their visibility in the wider landscape. The updated material palette, including corrugated metal roofing and black wall cladding, further reinforces the appearance of a cluster of ‘agricultural’ buildings, ensuring a more sympathetic relationship with its rural context. 55 In tandem, the originally proposed workshop building has been removed. This has created space for the introduction of an SSEN substation at the western end of the site. Two separate planning applications have been submitted: one by the current applicant, relating to the formation of a concrete platform on which the substation will be located (ref: 26/00740/FLL), and a second application submitted by SSEN for the substation equipment and associated infrastructure (ref: 26/01016/FLL). These applications are programmed to be determined following this committee meeting. 56 The Planning Authority’s preference was for the substation to be incorporated within the current application for the operations village as a single, comprehensive proposal. However, due to operational and legal constraints between the developer and SSEN, this has not been possible. While this presents more complex procedural work, the principle of the substation’s location remains unchanged. 57 Following pre-application discussions, it was agreed that the substation would be most appropriately located as part of the grouping of buildings within the operations village. This approach avoids the need to site such infrastructure elsewhere within the designed landscape, where its landscape and visual impact could be more pronounced. A detailed assessment of the landscape and visual effects of the substation will be set out within the planning report for the relevant applications, which concludes that the impacts are acceptable when considered within the context of the wider operations village. 58 As said the site lies within the Taymouth Castle Garden and Designed Landscape (GDL), a designation of national importance, and within the wider Lower Upland Glens Landscape Character Type. The submitted LVIA, together with subsequent addendum, states that the development will result in localised, significant landscape effects within the site itself and its immediate surroundings, reflecting the scale of the proposal and the introduction of built form into a currently semi-natural area. The addendum to the LVIA have been prepared to reflect the design amendments to Building 2 and the proposed siting of the SSEN substation; however, the overall conclusions of the assessment remain unchanged. The findings indicate that the proposed substation would be viewed in the context of the wider Operations Village and associated built development, with the effects of existing vegetation, buildings and proposed planting providing a degree of screening. The updated assessment does not identify any materially different landscape or visual effects from those Page 20 of 118
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previously assessed and concludes that the inclusion of the substation does not alter the overall landscape and visual impact of the scheme to a significant extent. An independent assessment of the substation will be undertaken as part of the consideration of applications 26/00740/FLL and 26/01016/FLL. 59 The overall impacts are largely localised, with the LVIA concluding that effects on the wider landscape character area and more distant receptors are negligible due to the containment. The use of recessive colours and naturally weathering materials further assists in limiting visual prominence. 60 In this regard, it is an important material consideration that the development is sited within a less sensitive part of the wider HGDL, which is already influenced by existing infrastructure, most notably the Beauly–Denny overhead transmission line. The presence of large-scale pylons and associated infrastructure introduces a strong man-made component to the landscape and reduces the relative sensitivity of this part of the HGDL compared to its core designed areas. The LVIA identifies these pylons as prominent features within views, with the proposed development typically read in this existing context rather than as an isolated or incongruous addition. The proposed agricultural-style building forms and subdued material palette reinforce this relationship with existing land uses and infrastructure. 61 Furthermore, the development is physically and visually removed from the principal listed buildings and key designed components of the estate, thereby limiting any impact on the setting of the most sensitive heritage assets within the GDL. While some tree loss and change within the immediate site will occur, the broader integrity and appreciation of the HGDL is largely preserved, consistent with the aims of LDP2 Policy 39 and NPF4 Policy 7(i). The simple, rural materiality and modest detailing of buildings ensure that the development does not compete visually with the historic architectural character of the estate. 62 The topography is also a key moderating factor. The land slopes from the A827 southwards down towards the River Tay, with the developable area positioned below the level of the A827. This landform, combined with existing woodland and boundary features, limits outward visibility, particularly from the A827 and wider receptors to the south. The LVIA confirms that visibility is largely restricted to the immediate vicinity and a limited number of receptors due to this combination of topography and vegetation. As such, while the development is of a relatively large scale (c.11.7ha), its perceived scale in the landscape is partly addressed by containment and screening, further mitigated by the materials used. 63 In addition, the siting reflects environmental constraints, with the layout influenced by flood risk associated with the River Tay and its floodplain to the south. This has necessitated positioning the development on higher ground. The compact arrangement of buildings, combined with the proposed materials, ensures that the visual effects of built form are appropriate. 64 In visual terms, the LVIA identifies significant effects primarily for receptors in close proximity, including sections of the River Tay Way and the immediate HGDL, particularly during construction. However, for the majority—including nearby Page 21 of 118
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settlements, road users and recreational routes—effects are assessed as moderate or negligible and not significant, largely due to distance, screening and the presence of existing built and infrastructural elements. Importantly, proposed mitigation, including structural planting and woodland restocking, together with materials that weather naturally and blend into the landscape, will further reduce visibility over time, with residual effects diminishing to negligible in many instances by year 10. 65 As mentioned above, separate applications have been submitted for additional car parking (ref: 24/01617/FLL), located immediately to the south of the proposed building group, and for a greenhouse and associated access track (ref: 24/01618/FLL), to the west of the operations village. The submission of these proposals as separate applications is a consequence of the evolution of the wider development proposals following the pre-application consultation process. The original Proposal of Application Notice (PAN) site extended northwards to the River Tay and included a significantly larger development area. However, subsequent site investigations identified that much of the land in the northern part of the site, adjacent to the River Tay, is affected by flood risk, thereby limiting its development potential. As a result, elements originally envisaged, namely the greenhouse and additional parking area, required to be relocated to land lying outwith the site area that was subject to the PAN process. Consequently, these components have had to be submitted as separate planning applications. 66 Notwithstanding their separate submission, both applications have been assessed in conjunction with the operations village proposal and are considered to be acceptable in the context of the wider operations village development. A detailed assessment of each proposal will be provided within the respective reports for those applications; however, reference is made to them here for completeness given their functional relationship with the operations village. These applications will be determined following a decision on this committee item. 67 Overall, while the development results in a degree of localised landscape change, it is considered that the proposal responds appropriately to its context, making use of a less sensitive part of the HGDL, taking advantage of existing screening and topography and the presence of the existing OHL and incorporating mitigation measures to reduce visual effects. The careful selection of timber, corrugated cladding and muted colours contributes positively to this approach. On balance, the proposal is considered to accord with the relevant provisions of LDP2 and NPF4 relating to landscape, visual impact, and placemaking, with no unacceptable impacts on the wider landscape character, key views, or the integrity of the designed landscape. Noise Impact and Residential Amenity 68 The potential impact of the proposed development on residential amenity, with particular regard to noise, has been assessed through the submitted Noise Impact Assessment (NIA) and the consultation response from Environmental Health (EH). This matter is primarily considered against Policy 56 (Noise Pollution) of the Perth and Kinross Local Development Plan 2019, which seeks to prevent unacceptable noise impacts on existing or proposed sensitive receptors, and NPF4 Policy 23 Page 22 of 118
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(Health and Safety), which requires that new development does not result in unacceptable risks to health, safety or amenity. 69 The NIA identifies three principal noise sensitive receptors, including nearby residential properties at Styx Cottage, Carse Farm and the Gatehouse, and assesses the impact of operational noise sources associated with the development, including plant, ventilation systems, workshop activities and the vehicle wash bay. The assessment has been undertaken in accordance with BS4142:2014, comparing predicted operational noise levels against measured background noise levels, which are derived from a site-specific baseline survey. 70 The results of the assessment indicate that, at all identified receptors, the predicted noise levels associated with the development are well below existing background levels, both during daytime and night-time periods. For example, rating levels are shown to be between 2 dB and 25 dB below background levels, depending on receptor and time of day, which equates to a low or negligible impact with a low likelihood of noise being perceptible. As such no specific mitigation measures are required in order to achieve acceptable levels. 71 These findings are supported by the consultation response from EH, who raise no objection. EH accepts the methodology and conclusions of the NIA and confirms that the development can be accommodated without adverse effects on nearby residential properties, subject to the imposition of planning conditions. These include restrictions on the hours of operation for the workshop and vehicle wash bay, and a requirement that all plant and equipment be controlled to specified noise rating limits at neighbouring properties (Conditions 5, 6, 7, 8 and 9). Such conditions provide additional safeguards to ensure that noise levels remain within acceptable thresholds over the lifetime of the development. 72 It is also relevant that the site is located approximately 300 metres or more from the nearest third-party residential receptors, within a predominantly rural environment where background noise is already influenced by traffic along the A827 and other factors. This separation distance alone, combined with the relatively low predicted noise levels, limits the potential for adverse amenity impacts. 73 Notwithstanding the positive findings, it is recognised that the development introduces new operational activity, including plant that may operate on a 24-hour basis. While the modelling demonstrates that noise levels remain below background levels, the introduction of continuous low-level noise in a rural setting has the potential to be perceptible in certain circumstances. However, the conservative assumptions applied in the modelling, alongside the recommended planning conditions, provide confidence that any such effects would be limited and would not rise to a level that would be considered unacceptable. 74 Overall, the evidence demonstrates that the proposal would not give rise to significant adverse impacts on residential amenity in terms of noise. Subject to the recommended conditions, the development is considered to comply with Policy 56 of the LDP2, in that it would not generate noise at a level that would adversely affect Page 23 of 118
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neighbouring receptors, and with NPF4 Policy 23, as it would not give rise to unacceptable impacts on health, safety or amenity. Lighting 75 The application is supported by a Lighting Technical Note (LTN) which sets out a strategy based on minimising light spill, glare and sky glow through the use of low- level, directional and dark-sky compliant lighting. This includes the use of low colour temperature (c.1750K) luminaires, zero upward tilt, shielding and controls such as timers and Passive Infrared (PIR) or ‘motion’ sensors to ensure lighting is only used when required. 76 It is acknowledged that the introduction of an operations village in this ‘dark’, rural location will inevitably result in a discernible change to the existing lighting environment. However, the level and extent of lighting has been carefully limited to essential operational areas, with boundary levels kept low (generally below 0.4 lux) to protect surrounding dark areas and ecological interests. 77 In assessing this impact, it is important to consider the findings of the wider siting and design assessment, which concludes that the chosen location reflects operational requirements and limited site availability within the Estate. In that context, the lighting is considered to be an anticipated and necessary consequence of the development, but one that has been appropriately mitigated through design. A condition is recommended to ensure limits on light spill beyond the site boundaries (Condition 7). 78 Overall, the proposal is considered to accord with LDP2 Policy 55 and NPF4 Policy 23, as the lighting strategy minimises adverse impacts on amenity, ecology and the night sky as far as reasonably possible. Subject to the submission and approval of an updated lighting plan and the implementation of the proposed mitigation and controls, the level of impact is considered acceptable. Air Quality 79 Th supporting Air Quality Impact Assessment (AQIA) considers the effects of operational and construction traffic, emissions from the laundry facility and construction dust. It follows recognised guidance and identifies that, while the development exceeds initial Stage 1 screening criteria, due to the scale of parking provision and combustion sources, it does not exceed Stage 2. As such, the overall effect of operational traffic and emissions is concluded to be not significant. 80 During the construction phase, the assessment identifies a medium risk of dust impacts on a nearby ecological receptor, with low risk associated with track out onto the A827. However, this is subject to the implementation of standard and site- specific mitigation measures, which are set out in the AQIA and are considered to appropriately manage these effects. Page 24 of 118
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81 The findings of the AQIA have been reviewed and accepted by EH, subject to conditions securing the recommended mitigation, particularly in regard to construction dust mitigation (Condition 9). 82 Having regard to LDP2 air quality policy requirements and NPF4 Policy 23, the proposal is considered acceptable in that it would not result in significant adverse impacts on air quality. The assessment demonstrates that both operational and construction effects can be effectively controlled, and the development is therefore considered to comply with the relevant policy framework. Flood Risk 83 The application is supported by a Flood Risk Assessment (FRA), which considers the potential for flooding from nearby watercourses, including the River Tay, the Croftmoraig Burn and the Tullichuil Burn, as well as smaller drainage channels. This is assessed against NPF4 Policy 22 and LDP2 Policy 52, which aim to avoid development in areas at risk of flooding and ensure risks are properly managed. 84 The FRA shows that while the site sits relatively close to the River Tay and is influenced by the Croftmoraig Burn and Tullichuil Burn, the buildings themselves are located on higher ground that is not at risk from predicted flooding, even during a very rare and severe event (a 1 in 200 year flood including climate change). Areas of lower ground closer to the River Tay could flood in such circumstances, but these are free from built development. The assessment also looks at smaller burns and drainage routes within the site, where water can flow during heavy rain. It notes there may be some localised surface water and minor ponding, particularly along these drainage channels, but this is not unusual and can be managed through standard drainage design approaches. 85 Consultation responses support these findings. The Scottish Environment Protection Agency (SEPA) confirms that the site is outwith areas at risk of flooding from the River Tay and the nearby burns, raising no objection. SEPA does note a small potential issue with surface water from one drain, but this is a detailed design matter rather than a constraint to development. 86 In addition, the Council’s flooding team has been consulted and has raised no objection, indicating that the approach taken is acceptable. 87 Overall, the development has been designed to avoid flood risk from the River Tay, Croftmoraig Burn and Tullichuil Burn, with any minor surface water issues capable of being managed through standard measures. On that basis, the proposal complies with NPF4 Policy 22 and LDP2 Policy 52, and would not result in unacceptable flood risk either on the site or elsewhere. Drainage 88 The application is supported by a Drainage Impact Assessment (DIA) which sets out how both foul and surface water will be managed. This has been assessed against Policy 53 (B and C) of LDP2 and NPF4 Policy 23, which seek to ensure that Page 25 of 118
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developments are properly drained, incorporate sustainable drainage systems (SuDS), and avoid harm to the water environment. Foul Drainage 89 Given the site is not connected to the public sewer network, a private foul drainage system is proposed. This will collect and direct wastewater to a specialist treatment plant, before controlled discharge to the River Tay, subject to the necessary SEPA authorisation and EASR Permit (formerly CAR license). 90 The system includes standard drainage arrangements, together with additional safeguards such as a grease separator for the kitchen facilities, a cooling tank for the laundry building, and covered washbay and refuse areas to prevent unnecessary contamination. These measures ensure that wastewater is appropriately treated prior to discharge and that risks of pollution are minimised. 91 This approach reflects the requirements of LDP2 Policy 53B and NPF4 Policy 23 by providing a suitable and controlled means of foul water treatment where a public sewer connection is not available. Surface Water and SuDS 92 Surface water from the development will be managed through a comprehensive SuDS strategy, designed to mimic natural drainage as far as possible. The proposals include a combination of: • Permeable paving for access roads, parking areas and yards • Roadside filter trenches to collect, treat and convey runoff • Underground storage and attenuation, ensuring flows are restricted • Rainwater harvesting within the greenhouse. 93 The Council’s Flooding and Drainage Team have accepted the principle of the proposed drainage system subject to a condition which requires the fully detailed design to be submitted for approval which can be secured by condition (Condition 25). 94 Overall, the proposed drainage strategy demonstrates that the development can be satisfactorily drained without adverse impact on the surrounding area or water environment. It incorporates appropriate foul treatment, a robust SuDS network, and effective pollution control measures, in accordance with Policy 53B and 53C of LDP2 and NPF4 Policy 23. 95 Accordingly, the drainage arrangements are considered acceptable. 96 A separate assessment of potential effects on the River Tay SAC is provided elsewhere within this report. Page 26 of 118
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Ecology 97 The application is supported by a comprehensive Ecological Impact Assessment (EcIA), which has been undertaken in accordance with recognised guidance and informed by detailed desk study and field survey work. The EcIA identifies a range of ecological receptors within and adjacent to the site, including the River Tay SAC, areas of ancient woodland, and a number of protected species such as bats, otter, freshwater pearl mussel and breeding birds. 98 The assessment concludes that, in the absence of mitigation, construction activities have potential for temporary significant effects on certain receptors, particularly in relation to water quality, habitat disturbance and protected species. However, the EcIA contains mitigation measures, including a Construction Environmental Management Plan, Ecological Clerk of Works supervision, pre-construction surveys, species protection plans and habitat management measures. Subject to these measures, the EcIA concludes that there would be no significant residual effects during either the construction or operational phases. 99 The Biodiversity Officer has reviewed the EcIA and confirms that it conforms with best practice and was undertaken at an appropriate time of year. Thus has no objection subject to conditions securing: mitigation, species licensing (in relation to bat roosts), and a revised Biodiversity Enhancement Plan (BEP). (Conditions 10- 16). They highlights the importance of fully implementing mitigation measures, strengthening enhancement proposals, and addressing invasive species. 100 Having regard to LDP2 Policy 41 and NPF4 Policy 3, the proposal demonstrates compliance with the mitigation hierarchy and ensures that impacts on protected species, habitats and designated sites are avoided, minimised and appropriately mitigated. Furthermore, subject to the refinement of the BEP through condition, the development has scope to deliver biodiversity enhancement in line with policy objectives (Condition 12). 101 A Fresh Water Pearl Mussel Survey was undertaken and accepted by Nature Scot, subject to submission and agreement on a Construction Method Statement and by installing an appropriately specified sewage treatment plant (Condition 27). 102 Overall, taking account of the EcIA findings and consultation responses, and subject to conditions securing mitigation, enhancement and ongoing management, the proposal is considered to accord with Policy 41 of LDP2 and Policy 3 of NPF4, as it will not result in unacceptable adverse impacts on biodiversity and provides an appropriate framework for ecological protection and enhancement. River Tay Special Area of Conservation 103 The EcIA identifies the River Tay SAC as an internationally designated site of high sensitivity, designated for qualifying features including Atlantic Salmon, brook, river and sea lamprey, otter and clear-water lochs with aquatic vegetation. An Appropriate Assessment has been undertaken, which considers the potential for likely significant effects on the integrity of the SAC. Page 27 of 118
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104 While construction activities have the potential to give rise to adverse indirect effects, particularly through impacts on water quality, such as sedimentation, pollution and hydrological change, the assessment confirms that these risks can be effectively mitigated. In particular, the implementation of a robust Construction Environmental Management Plan (CEMP) and detailed Construction Method Statements (CMS) would ensure appropriate controls are in place, including pollution prevention measures, buffer zones to watercourses and ecological supervision. Such measures reflect established approaches that have been successfully applied elsewhere within the wider Taymouth Estate. (Condition 16). 105 Subject to the implementation of these measures, the EcIA concludes that there would be no adverse effect on the integrity of the River Tay SAC, and no significant residual effects on its qualifying interests. As confirmed via the Appropriate Assessment. Accordingly, the impact on the SAC is considered to be appropriately addressed and acceptable in policy terms. Trees 106 The application is supported by an Arboricultural Impact Assessment (AIA) and Tree Management and Mitigation Plan (TMMP) prepared in accordance with BS5837. The AIA identifies 21 significant trees within and adjacent to the site, comprising a mix of high (Category A), moderate (Category B) and lower quality specimens, together with areas of mixed woodland and self-set planting. 107 The proposed development will require the removal of a number of trees, including 12 identified significant trees in addition to 2 Category U trees which are recommended for removal on arboricultural and safety grounds. This includes the loss of some higher value Category A and B trees, and it is acknowledged that this represents an impact on the existing tree resource and local landscape character. However, the wider assessment notes that much of the surrounding woodland is of limited quality, including commercial forestry with a higher risk of windthrow, and that some removal is necessary to facilitate safe access and development. 108 The proposal seeks to retain trees where feasible, the implementation of root protection areas during construction, and the provision of compensatory planting as mitigation. The TMMP demonstrates that substantial areas of woodland will be retained and supplemented by new planting, resulting in a longer-term enhancement of tree cover and habitat value. In addition, detailed measures including protective fencing, no dig construction techniques and arboricultural supervision are proposed to ensure the safeguarding of retained trees throughout the construction process. These measures are secured by condition (Condition 4 109 Having regard to LDP2 Policy 40B and NPF4 Policy 6, it is recognised that the proposal will result in some loss of trees and woodland, including individual trees of higher value. However, this must be considered in the context of the site’s characteristics and the operational requirements of the development. The submitted assessment demonstrates that tree loss has been minimised as far as reasonably practicable, that poorer quality and unsafe trees are prioritised for removal, and that mitigation and compensatory planting will secure a net improvement in arboricultural Page 28 of 118
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amenity over time. The compensatory planting will be secured by condition (Conditions 2 and 3). 110 Overall, subject to conditions securing the implementation of the Tree Management Plan, protective measures and replacement planting, the proposal is considered to comply with the aims of LDP2 Policy 40B and NPF4 Policy 6, in that impacts on trees are appropriately managed and mitigated, and the long-term woodland resource is safeguarded and enhanced. Landscaping and Tree Planting/Compensatory Planting 111 The proposals see retention of trees where feasible, the protection of root protection areas during construction, and the provision of compensatory planting. The submitted landscape proposals demonstrate a substantial level of replanting, including approximately 261 new trees (based on a 3:1 replacement ratio), comprising a mix of native and characteristic estate species such as oak, beech, lime, birch, rowan and cherry. These are supplemented by extensive structural planting, including over 300 linear metres of hedgerow, areas of shrub planting, and significant groundcover including circa 5,600m² of meadow and 900m² of lawn. The planting is focused on reinforcing and extending the riverside woodland corridor, strengthening landscape structure along the northern boundary, and providing screening and integration of the development, with particular emphasis on creating a continuous tree belt along the River Tay and enhancing ecological connectivity. All secured by condition (Conditions 2 and 3). 112 Having regard to LDP2 Policy 40B and NPF4 Policy 6, it is recognised that the proposal will result in some loss of trees and woodland, including individual trees of higher value. However, this must be considered in the context of the site’s characteristics and the operational requirements of the development. The submitted assessment demonstrates that tree loss has been minimised as far as reasonably practicable, that poorer quality and unsafe trees are prioritised for removal, and that mitigation and compensatory planting will secure a net improvement in arboricultural amenity over time. 113 Overall, subject to conditions securing the implementation of the Tree Management Plan, protective measures and replacement planting, the proposal is considered to comply with the aims of Policy 40B and NPF4 Policy 6 in that impacts on trees are appropriately managed and mitigated, and the long-term woodland resource is safeguarded and enhanced. Traffic and Access 114 The application is supported by a Transport Statement (TS) and Draft Green Travel Plan (DGTP), and PKC Transport Planning raise no objection subject to conditions. The site lies in a rural location within Taymouth Estate, the immediate surroundings see opportunities for walking and cycling limited due to distance and infrastructure constraints. While there are some core paths in the wider area and limited bus services connecting Kenmore and Aberfeldy, these options are not well aligned with staff travel patterns and are unlikely to serve as primary modes of access. Page 29 of 118
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115 In transport terms, the development is expected to generate approximately 139 two‑way trips per day; however, a substantial proportion of these trips already occur within the Estate and would simply be relocated. The net increase is therefore considered relatively small and anticipated as the development progresses to completion, and the assessment demonstrates that the A827 has sufficient capacity to accommodate this uplift without adverse impact. Transport Planning agree, and it is considered that the proposal complies with LDP2 Policy 60B in that it would not prejudice the safe and efficient operation of the local road network. 116 The proposed access arrangements involve upgrading the existing East Lodge junction onto the A827, including the provision of visibility splays to a 2.4m x 215m standard through removal or relocation of vegetation, fencing and other obstructions. Swept path analysis demonstrates that the junction can accommodate all likely vehicle movements, including service and emergency vehicles. Transport Planning recommend conditions to secure the construction of the access, visibility splays and a Construction Traffic Management Plan, subject to this the proposals are considered acceptable in road safety terms (Conditions 17, 18 and 19). 117 A key component is the emphasis on sustainable travel, particularly the provision of a staff shuttle bus. Information confirms that this already operates, serving locations such as Aberfeldy, Pitlochry and Perth, with an existing uptake of around 60% of operational staff. Th applicant (River Tay Development Ltd) is to continue this service as part of the Green Travel Plan, with a Travel Plan Co‑ordinator responsible for monitoring and reporting. This is a significant mitigation measure which will reduce reliance on private car use and is central to compliance with NPF4 Policy 13. A fully detailed Green Travel Plan and its implementation for the lifetime of the development is secured by Condition 22. 118 In terms of public transport infrastructure, Transport Planning have require a bus boarder be provided on the north (development) side of the A827, provision on the opposite side being constrained by visibility, safety considerations and third‑party land ownership. This approach also consistent with the previously approved West Gate access, where provision was similarly limited to one side of the road. A condition securing the delivery of the bus boarder on the development side is considered appropriate (Condition 21). Arrangements for west bound bus users associated to the applicant’s business should be set out in the GTP. (Condition 22). This may be a shuttle bus collection at the nearest suitable stop. 119 The development also incorporates supporting measures for sustainable travel, including covered cycle parking (Condition 23), shower and changing facilities, electric vehicle charging points and internal pedestrian connections. While the rural context limits the likely uptake of walking and cycling, these measures ensure that opportunities for alternative modes are provided where feasible. In addition, a GTP will be secured by condition 22, requiring ongoing monitoring, promotion of sustainable transport options and the long‑term operation of the shuttle bus service. 120 With regard to parking provision, the application includes a dedicated car park comprising 53 spaces, including 6 electric vehicle charging spaces and 11 Page 30 of 118
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accessible/disabled spaces. In addition, a separate car park providing a further 43 spaces is proposed under the associated planning application 24/01617/FLL. A total of 113 parking spaces would be available to support the proposed use. This level of provision is considered sufficient to accommodate staff and visitor demand, while also recognising the role of the staff shuttle service and other sustainable travel measures in reducing reliance on private vehicle travel. It should also be noted that a significant portion of staff who currently park at the temporary operations buildings immediately adjacent to Taymouth Castle will be relocated to the new operations village. 121 Overall, the proposal is considered to satisfy the requirements of NPF4 Policy 13 and LDP2 Policy 60B. The level of traffic generated is modest and can be accommodated within the existing network, safe access can be achieved, and a comprehensive package of sustainable transport measures is proposed. Subject to conditions, including the provision of the bus boarder and the implementation of the Green Travel Plan with ongoing shuttle service provision, the transport impacts of the development are considered acceptable. Archaeology 122 The application is supported by an Archaeological Desk-Based Assessment and Walkover Survey reflective of the location within the Taymouth Castle Inventory Garden and Designed Landscape and the potential for previously unrecorded buried archaeology. While no significant remains were identified within the site, the wider area is known to be archaeologically rich, and ground disturbance could affect unknown subsurface features. 123 Perth and Kinross Heritage Trust raise no objection but confirms the archaeological sensitivity and recommends a programme of archaeological works secured through a Written Scheme of Investigation (WSI) to ensure any remains are appropriately recorded (Condition 26). 124 Having regard to LDP2 Policy 26B and NPF4 Policy 7, the potential impacts are considered acceptable as they can be mitigated through evaluation, excavation and recording secured by condition. Subject to these measures, the proposal would safeguard archaeological interests and comply with policy. Economic Impact 125 The submitted Economic Impact Assessment identifies a range of economic benefits arising from the construction and operation of the proposed development, which weigh in favour of the proposal. In the short term, the construction phase is expected to support c.35 net additional jobs within Perth and Kinross, alongside £1.1 million in wages and £2.5 million in Gross Value Added (GVA), providing a temporary but positive boost to the local economy. 126 More notably, the longer-term operational impacts are more substantial. The development, as part of the wider Taymouth Estate, is estimated to support around 200 FTE jobs, with annual impacts of £8 million in wages and £14 million in GVA, Page 31 of 118
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equating to approximately £120 million in GVA and £60 million in wages over a 25- year period. These figures indicate a meaningful contribution to the rural economy, particularly in supporting employment and reinforcing the viability of the estate as a significant tourism and economic asset. The proposal also functions as enabling infrastructure, helping to facilitate and sustain these wider economic benefits. 127 However, the weight afforded to these impacts should be moderated. The figures represent modelled estimates rather than guaranteed outcomes, and are subject to assumptions around delivery, market conditions and operational performance. In addition, some benefits will be affected by leakage and displacement, and the scale of the economic impact largely reflects the performance of the wider estate rather than the operations village in isolation. 128 Overall, while there is some uncertainty around the precise scale of benefits, the proposal is likely to generate moderate to significant positive economic effects, and this carries material weight in support of the development, albeit not determinative on its own. Energy 129 The proposal has been assessed against LDP2 Policy 32 and NPF4 Policy 2, which require developments to reduce greenhouse gas emissions and incorporate low and zero-carbon technologies. The submitted Energy Statement confirms that the scheme adopts a fabric-first approach to minimise energy demand and will incorporate renewable technologies, including air source heat pumps and photovoltaic panels. Together with energy-efficient systems such as LED lighting and heat recovery ventilation, these measures demonstrate that the development is capable of meeting policy requirements and supporting climate mitigation objectives. SSE Substation and Phasing 130 The supporting information confirms that the delivery of a new electrical substation forms a key element of the wider Taymouth Estate infrastructure, required to provide a reliable energy supply to support the approved and emerging associated development. The substation, comprising transformers, a switch room and associated infrastructure, has been progressed in consultation with SSE and is proposed within the operations village site following an assessment of alternative locations and is subject to applications 26/00740/FLL and 26/01016/FLL. 131 In this regard, the Council has indicated that the substation should be integrated within the layout of the operations village, rather than located separately within the wider Historic Garden and Designed Landscape (HGDL), in order to minimise impacts on more sensitive parts of the designation. It is therefore considered that the substation would only be acceptable where it is visually and functionally associated with the operations village, forming part of a coherent built grouping. When viewed in this context, the substation would also be read alongside existing energy infrastructure, notably the Beauly–Denny overhead transmission line, thereby limiting its perceived impact on the landscape. Page 32 of 118
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132 Amended plans support this application, identifying the proposed location of the substation at the western end of the building cluster, ensuring it is physically and visually integrated with the operations village rather than being isolated. It is noted that the substation itself remains subject to separate planning applications (26/00740/FLL and 26/01016/FLL). 133 To ensure that the substation remains appropriately integrated and does not come forward in isolation, it is recommended that a condition is attached requiring the submission and approval of a Phasing and Implementation Plan for the wider operations village (Condition 28) in association with the substation, greenhouse and car park. This will secure the coordinated delivery of the substation alongside the wider development, including clear timing of works, provision of structural landscaping and boundary treatments, and defined trigger points for subsequent phases. The condition will also ensure that the substation cannot remain as a standalone feature in the longer term, with requirements for the timely commencement of the wider operations village and implementation of landscaping, thereby safeguarding the character and integrity of the HGDL. Variation of Application Under Section 32A 134 This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the design of Building 2 and amendments to accommodate the proposed SSEN substation. Planning Obligations and Legal Agreements 135 None required. Direction By Scottish Ministers 136 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 137 The proposed Back of House Operations Village is considered to constitute essential operational infrastructure required to support the long-term management and operation of the evolving Taymouth Castle Estate. The development has a clear functional relationship with an established rural enterprise and is supported in principle by LDP Policy 8 and NPF4 Policy 29. 138 While the proposal will introduce substantial new development within the Taymouth Castle Garden and Designed Landscape and result in localised landscape change and tree loss, the evidence demonstrates that alternative locations are constrained and that the application site represents the most suitable and least sensitive option available. Design revisions, the use of appropriate materials, structural landscaping, Page 33 of 118
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and significant compensatory planting have reduced the scale and visual impact of the proposal, with effects largely confined to the immediate area. 139 Technical assessments and consultation responses confirm that impacts relating to landscape, residential amenity, lighting, air quality, flood risk, drainage, ecology, the River Tay SAC, trees, transport and archaeology can be satisfactorily mitigated and managed through planning conditions. 140 The proposal will also deliver economic benefits through supporting the ongoing operation of the estate, employment opportunities and wider rural investment. 141 On balance, it is considered that the operational and economic benefits of the development outweigh the identified localised impacts, which can be appropriately mitigated. Subject to the recommended conditions, the proposal is considered to accord with the relevant policies of the Perth and Kinross Local Development Plan 2019 and National Planning Framework 4. Accordingly, the application is recommended for approval. Recommendation Approve the application subject to the following conditions: Conditions and Reasons for Recommendation 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The detailed landscaping and planting scheme hereby approved shall be implemented on a phased basis. Prior to the commencement of any development details of the phasing and timetable for the implementation of the landscaping and planting scheme shall be submitted to and approved in writing by the Planning Authority. The phasing and timetable shall accord with the Phasing and Implementation Plan required by Condition 27 of this permission. Each phase of landscaping and planting shall be implemented in accordance with the approved phasing and timetable. Thereafter, the approved scheme shall be maintained, with any planting which fails to become established within five years being replaced during the next planting season with others of a size and species previously approved. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 3. Prior to the commencement of each phase of development identified in the Phasing and Implementation Plan approved pursuant to Condition 27 of this permission, a Landscape Management Plan for that phase, including long-term design objectives, Page 34 of 118
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management responsibilities and maintenance schedules for all landscape areas within the phase, shall be submitted to and approved in writing by the Council as Planning Authority. The Plan shall provide for the management and maintenance of the landscaping and planting approved under Condition 2 and shall accord with the approved landscaping phasing and implementation timetable. Thereafter, the approved Landscape Management Plan shall be implemented and adhered to in full. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 4. Prior to the commencement of any hereby approved works, all trees on site (other than those marked for felling on the approved plans) and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction and the mitigation contained within the approved Tree Management Plan (doc ref: 80). Protection measures, once in place, shall remain in place for the duration of construction. Reason - To ensure the protection of retained trees on site. 5. The hours of operation of the hereby approved vehicle wash bay shall be restricted to between 0900 hours and 1700 hours daily. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 6. All hereby approved plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 7. All hereby approved external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 8. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at any time on Sundays or bank holidays (as identified by Scottish Government). Page 35 of 118
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Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 9. Prior to the commencement of development, a Construction Dust Management Plan (CDMP) shall be submitted to and subsequently agreed in writing by the council as Planning Authority and in consultation with Environmental Health. The approved CDMP shall be strictly adhered to for the duration of the construction of the development. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 10. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (documents 69-75 inclusive) shall be fully adhered to, respected and undertaken as part of the construction phase of development. Reason - In the interests of protecting environmental quality and of biodiversity. 11. An updated ecology survey will be required prior to the commencement of development, if development has not commenced within 24 months of the date of the ecology survey approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and development shall not commence until after such written agreement has been issued by the Council. Reason - In the interests of protecting environmental quality and of biodiversity. 12. Prior to the commencement of development, a revised Biodiversity Enhancement Plan/Action Plan, including the location, quantity, specification and maintenance requirements for all biodiversity enhancement measures, shall be submitted to and approved in writing by the Planning Authority. Thereafter, the biodiversity enhancement measures shall be implemented in accordance with the approved plan and retained and maintained in accordance with its provisions for the lifetime of the development. Reason - In the interests of protecting environmental quality and of biodiversity. 13. Prior to the commencement of development, an Invasive Non-Native Species Control Plan shall be submitted to and subsequently approved in writing by the Planning Authority. The plan shall contain measures to eradicate and control invasive non-native species. Thereafter, the agreed measures shall be implemented in full. Reason - In the interests of protecting environmental quality and of biodiversity. 14. Prior to the occupation of each phase of development identified in the Phasing and Implementation Plan approved pursuant to Condition 27 of this permission, wildlife kerbs shall be installed adjacent to all road gullies within that phase located within Page 36 of 118
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500 metres of a SUDS pond or watercourse. Thereafter, the wildlife kerbs shall be retained and maintained for the lifetime of the development. Reason - In the interests of protecting environmental quality and of biodiversity. 15. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day. Reason - In the interests of protecting environmental quality and of biodiversity. 16. Development shall not commence until a detailed Construction Environmental Management Plan (CEMP) detailing environmental mitigation measures and construction method statements, including specific measures for environmental monitoring during construction, shall be submitted to and subsequently agreed in writing by the Planning Authority. Such details shall be submitted not less than two months prior to the agreed scheduled commencement date and shall incorporate detailed pollution avoidance and mitigation measures for all construction elements and how the proposed development will be constructed to avoid conflict with the 400kV overhead transmission line running through the site. The CEMP must include measures to prevent harmful materials entering the River Tay SAC, which could reduce water quality and lead to a damaging impact on salmon, otter and lamprey interests. The CMS should include the following: a) pollution prevention safeguards including drainage arrangements and the possible use of siltation traps, settlement tanks and bunds b) storage and disposal of materials including the siting of stock piles, use of buffer strips and disposal methods c) construction site facilities including extent and location of construction site huts, vehicles, equipment, fuel, chemicals and materials compound d) timing, duration and phasing of construction particularly in relation to salmon and lamprey migration/spawning. e) how construction will proceed to avoid conflict with the overhead line. The CEMP and mitigations as agreed shall be fully implemented as part of the development of the site. Thereafter the development shall be fully undertaken in accordance with the agreed CEMP. Reason - To protect the River Tay Special Area of Conservation and the overhead transmission line. 17. Prior to any construction on site hereby approved, the vehicle access shown of approved Drawing 47 Appendix G, shall be constructed (using the Construction Page 37 of 118
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Type B from the Construction Details for Access Types, C, D and E) to the satisfaction of the Planning Authority in consultation with the Roads Authority. The Type B Road construction detail shall continue to the entrance for a minimum of 30 metres from the boundary of the public road surface. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 18. Prior to the commencement of any development, full visibility splays of 215 metres along the channel line shall be provided to the left and right of the access, at a set- back of 2.4 metres measured 1.05m above the road level to the standard and specification required by the Council as Roads Authority to the satisfaction of the Planning Authority. The visibility splays shall be physically formed on the ground and any existing fences, walls, hedges or other means of enclosure or obstructions within the splays shall be removed and relocated outwith the splays. Once formed, the visibility splays shall be permanently retained thereafter, and no visual obstruction of any kind shall be permitted within the visibility splays so formed. Reason - In the interests of road safety; to ensure the provision of adequate visibility of the vehicular access. 19. Prior to the commencement of the development hereby approved, the developer shall submit for the written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; c) a code of conduct for HGV drivers to allow for queuing traffic to pass; d) arrangements for liaison with the Roads Authority regarding winter maintenance; e) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; i) details of information signs to inform other road users of construction traffic; j) arrangements to ensure that access for emergency service vehicles are not impeded; k) co-ordination with other significant developments known to use roads affected by construction traffic; Page 38 of 118
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l) traffic arrangements in the immediate vicinity of temporary construction compounds; m) the provision and installation of traffic counters at the developer 's expense at locations to be agreed prior to the commencement of construction; n) monitoring, reporting and implementation arrangements; o) arrangements for dealing with non-compliance; and p) details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management. 20. All heavy commercial vehicles carrying materials to or from the site during the construction and operational phases of the development shall ensure that any loads liable to generate dust, debris, litter or other material capable of being deposited on the public road network are securely covered, contained or otherwise enclosed during transit, except where loads require inspection upon arrival at the site. Thereafter, all such vehicles shall operate in accordance with these requirements. Reason - To prevent the escape of dust, debris and litter from vehicles in the interests of road safety, residential amenity and environmental protection. 21. Prior to the commencement of any development on site, a detailed design for a bus stop facility comprising a bus boarder and flagpole on the north (development) side of the A827 shall be submitted to and subsequently approved in writing by the Planning Authority in consultation with the Public Transport Unit. The bus stop facility, as approved in writing, shall be implemented in accordance with the approved details prior to the development being brought into use and shall thereafter be retained for the lifetime of the development. Reason - To encourage the use of public transport and in the interests of road safety and sustainable travel. 22. No part of the development hereby approved shall be occupied until a Green Travel Plan (GTP) has been submitted to and approved in writing by the Planning Authority in consultation with Transport Planning. The GTP shall include: - Details of the client funded shuttle bus service, including routes, frequency, capacity and hours of operation. - A commitment to the ongoing operation of the shuttle bus service for the lifetime of the development. - Appointment of a Travel Plan Co-ordinator. - Measures to promote sustainable travel choice for staff, including walking, cycling and public transport. Including arrangements for staff arriving via public transport via all available routes (noting that a bus boarder/stop is not available nearby on the south side of the A827). - Monitoring, review and reporting arrangements, with survey results submitted to the Planning Authority at agreed intervals. Page 39 of 118
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The approved Green Travel Plan shall be implemented in full prior to the occupation of the development. Reason - To promote sustainable transport choices, reduce reliance on private car travel and accord with national and local transport policy. 23. Prior to the commencement of development, details of a secure covered cycle parking facility providing a minimum of 20 cycle spaces, including its location, design and the phase of development in which it is to be delivered in accordance with the Phasing and Implementation Plan approved pursuant to Condition 27 of this permission, shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The cycle parking facility shall thereafter be provided in accordance with the approved details and retained for that purpose. Reason - To encourage active travel and meet advice within NPF4. 24. Development shall not commence until a detailed Sustainable Urban Drainage System (SUDS) scheme, including details of the phase or phases of development it is intended to serve in accordance with the Phasing and Implementation Plan approved pursuant to Condition 27 of this permission, has been submitted to and approved in writing by the Council as Planning Authority, in consultation with SEPA where necessary. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council's Flood Risk and Flood Risk Assessments Developer Guidance and shall incorporate source control. The approved SUDS infrastructure for each phase shall be fully implemented and operational prior to the occupation or bringing into use of that phase. Thereafter, the approved scheme shall be retained and maintained. Reason - To ensure the provision of effective drainage for the site. 25. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) which has been submitted by the developer and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress. Page 40 of 118
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Reason - The site lies adjacent to an area of archaeological interest. 26. Prior to the commencement of any development a detailed specification of the proposed sewage treatment plant and associated discharge arrangements shall be submitted to and subsequently approved in writing by the Planning Authority. The submitted details shall demonstrate that the system will not adversely affect the water environment, including freshwater pearl mussel populations or their habitat. Thereafter, the development shall be carried out and maintained in accordance with the approved details. Reason - To protect the water environment and freshwater pearl mussels from pollution arising from foul drainage and to address comments from Nature Scot. 27. No development shall commence until a Phasing and Implementation Plan for the Operations Village, including the approved substation subject to planning applications ref. 26/00740/FLL and 26/01617/FLL, greenhouse (ref: 24/01618/FLL) and car park (ref:24/01617/FLL) or any future amendments or follow up applications, has been submitted to and approved in writing by the Planning Authority. The Phasing and Implementation Plan shall include: i. the sequencing and timing of construction of all elements of the Operations Village, including the substation, car park and greenhouse. ii. full details of all structural landscaping, planting and boundary treatments associated with the substation and its integration within the wider Operations Village, together with a timetable for implementation; iii. trigger points and programme milestones for the delivery of subsequent phases of the Operations Village following completion of the substation. Thereafter, development shall be carried out in accordance with the approved Phasing and Implementation Plan. All structural landscaping associated with the development shall be implemented in accordance with the approved Phasing and Implementation Plan and landscaping timetable. Landscaping for each phase shall be completed no later than the first planting season (October to March) following the completion or bringing into use of that phase, whichever is the earlier. In the event that the next phase of the Operations Village has not substantially commenced within the period specified in the Phasing and Implementation Plan, following completion of the substation, a revised Phasing and Implementation Plan, including additional landscaping and planting mitigation measures for the substation and its setting, shall be submitted to and approved in writing by the Planning Authority within 6 months of that date. The development shall thereafter be carried out in accordance with the approved revised details. Reason - To secure the coordinated delivery of the Operations Village and associated substation, and to ensure that appropriate landscaping and mitigation Page 41 of 118
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measures are delivered at an early stage in the interests of visual amenity and integration with the surrounding landscape. 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 N/A 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. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 5. The developer should engage with the Council's Structures Team to confirm the scope of technical approval required for the retaining wall adjacent to the A827 and the need for Roads Construction Consent. 6. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 7. The developer is advised to contact Sophie Nicol, Historic Environment Manager (tel 01738 477027) Perth and Kinross Heritage Trust, to discuss terms of reference for work required. Page 42 of 118
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8. For the purposes of condition 28, "substantially commenced" shall mean the completion of foundations and works above ground level. 9. SSEN Transmission recommend the applicant/developer adheres to HSE (Health and Safety Executive) GS6: Avoiding Danger from Overhead Powerlines guidance for any work planned to take place within 15m of their overhead line. Additional advice can be sought from the following weblink: Helping you work safely near our network - SSEN Transmission 10. The applicant/developer shall contact SSEN Transmission at least 30 days in advance of commencing development at transmission.asset.management@sse.com to obtain safe working practises recommendations for working near and underneath the overhead transmission line. Background Papers Letters of representation 5 Authors Name Designation Contact Details John Williamson Planning Officer 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 18 August 2026 Kristian Smith Service Manager 26 August 2026 Page 43 of 118
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¯ © Crown copyright [and database rights] [2026] OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 9 September 2026 24/01616/FLM Formation of operations complex comprising erection of welfare buildings, office building, laundry facilities, workshop, alterations to existing access, formation of roads, parking areas and associated works on land 600 Metres North East of Sealtainn, Bolfracks, Aberfeldy Scale 1:25,000 5(1)(i) Page 45 of 118
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¯ © Crown copyright [and database rights] [2026] OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 9 September 2026 24/01616/FLM Formation of operations complex comprising erection of welfare buildings, office building, laundry facilities, workshop, alterations to existing access, formation of roads, parking areas and associated works on land 600 Metres North East of Sealtainn, Bolfracks, Aberfeldy Scale 1:10,000 5(1)(i) Page 47 of 118
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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. 26/241) Proposal: Erection of children's play area, formation of 36 car parking spaces, 4 EV chargers and bicycle rack and associated works Location: Seamab School, Rumbling Bridge, Kinross, KY13 0PT Ref. No: 25/01468/FLL Ward No: P8 - Kinross-shire Summary This report recommends approval of a detailed planning application for the formation of children’s play area, the permanent retention of an existing temporary car parking area, erection of 4 EV charging stations and other associated works on a site adjacent to Seamab School, Rumbling Bridge. 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 obtain a detailed planning permission for the permanent retention of an existing temporary car parking and play area on a site immediately to the east of Seamab School. A new replacement school, new onsite car parking and associated facilities obtained detailed planning permission in 2021, and has started to open on a phased basis. Landscaping and planting are currently on going and remain outstanding. 2 With Seamab remaining open during the construction phase, a temporary car parking area for staff (both those onsite, and visiting), visiting professionals, parents and construction workers was formed within a field to the east of the school – locally known as the ‘Cradle Field’. At the lower end of that field a zip line was also temporarily installed. 3 At the moment a soft transition is starting to occur with Seamab staff and visitors now using the new onsite parking area, with the temporary parking area now principally being used by construction staff and only used by Seamab staff and visitors as an overspill. 5(2)(i) Page 49 of 118
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4 This proposal essentially seeks to retain the existing temporary parking area and play provision on a permanent basis after the completion of the replacement school. The temporary parking area is accessed via an adjacent private road which serves the school, five residential properties and two farms. This arrangement will remain the case for the permanent proposal. 5 The proposed permanent parking area generally aligns with the arrangements which are currently in place for the temporary parking, namely three rows of parking spaces with the centre row being back to back double spaces. The existing temporary parking area (and site compound) was approved via the terms of the principal planning permission for the period of the construction phase only. The permanent retention of the parking area and the play area would however require planning permission, hence this planning application coming forward. 6 In total 36 permanent car parking spaces are proposed of which 4 are designated spaces for EV charging. A covered cycle storage shelter is also proposed. A short section of private access road which is also already in situ, will connect the principal parking area to the private road. The existing surface of the parking area will be improved from the existing temporary surface, but will remain a porous surface made up of a rolled Type 1 surface. 41 car parking spaces are also available within the wider school site to the west. 7 To the south of the parking area, the existing zip line is proposed to be made permanent, with a new permanent grass football pitch between the zip wire and the parking area. The grass football pitch will have 3m high netting on the eastern elevation, whilst the existing zip line has 3m high ‘tables’ at either end, as it currently does. The remainder of the site outwith the car park and play areas will be seeded with grass, landscaped with hedges, and have a wildflower edges. 8 In terms of other associated elements, the applicant was asked to include an external staircase which connects the existing temporary parking area to the school curtilage in this planning application. This has been installed but requires planning permission as it constitutes an engineering operation. As this staircase is intended to be retained on a permanent basis and is adjacent to the pending application, its inclusion in this application was considered to be practical to regulate a minor breach of planning control. 9 In terms of Seamab itself, the school is a charity that provides care and education for young people from all across Scotland who have complex needs and require specialised intensive support which mainstream schooling perhaps cannot provide. The former building was not fit for purpose, and the charity made the decision to replace it with a modern, fit for purpose building. The key principles of the replacement project was to improve standards for both young person’s attending the school and staff, as opposed to increasing the capacity for the number of young persons and this remains the case. The replacement school makes better use of available space, has fit for purpose internal and external areas and the ability to offer the young person’s improved education and care provision when attending Seamab. It is the case that the level of staffing and visitors do vary depending on the number of young person’s attending, but around 105 staff (85 full time Page 50 of 118
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equivalent) would be required to provide the required level of education, care and therapy services for 30 young persons. Around 40 of those staff are primary based at the school itself, with the others (including specialists) regularly visit Seamab to attend meeting/training etc, and to speak and work with the young persons. Procedural Matter Description 10 The description of the application has been amended during the course of the assessment to accurately reflect the development proposed. The initial description suggested that the proposed children’s play area was to be temporary (as it current is), but this application looks to regulate its permanent retention – similar to the car parking situation. Site History 11 Detailed planning permission was granted in 2021 (21/01467/FLL) for the erection of a replacement school, formation of multi-use games area, external play areas, vehicular accesses, parking areas, landscaping and associated works. Construction works associated with this development is currently underway with the area subject of this planning application currently being used as a temporary site compound, temporary parking and temporary play areas. 12 Some minor amendments have been made to the approved plans for 21/01467/FLL, but with the exception of the external staircase connecting the school to the temporary parking area (which is part of this current application), the other amendments were all considered to be non-material and updated plans which reflect those amendments are available to view on the 2021 online e-file. Environmental Impact Assessment 13 The proposal falls below the threshold which requires screening for EIA development. Pre-Application Consultation 14 The proposed development is not classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was not required to undertake not any formal pre- application consultation with the local community. Development Plan 15 The Development Plan for the area comprises National Planning Framework 4, Perth and Kinross Local Development Plan 2 (2019) and statutory supplementary planning guidance (SPGs). Page 51 of 118
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National Planning Framework 4 16 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. 17 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 • Policy 29: Rural Development Perth and Kinross Local Development Plan 2 (2019) 18 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. 19 The site lies within the landward area of the LDP2, and adjacent to the settlement boundary of Rumbling Bridge where the following policies are applicable, • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 6: Settlement Boundaries • Policy 55: Nuisance from artificial light and light pollution • Policy 56: Noise Pollution • Policy 58A: Contaminated and Unstable Land • Policy 60B: Transport Standards Statutory Supplementary Planning Guidance 20 Of relevance to this application are, • Developer Contributions & Affordable Housing (adopted in 2023) • Placemaking (adopted in 2020) Page 52 of 118
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Other Material Considerations PKC Corporate Plan Vision and Priorities 21 The proposed recommendation for approval raises no conflict with any of the Council’s priorities, and it aligns positively with the following specific priorities, • Developing a resilient, stronger and greener local economy • Tackling climate change and supporting sustainable places National Planning Guidance 22 The Scottish Government expresses its planning policies through Planning Notes, Planning Guidance, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. Planning Guidance 23 Biodiversity, 2025 National Roads Development Guide 2014 24 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. PKC Non Statutory Guidance 25 Of relevance to this proposal is, • Planning for Nature Local Place Plans 26 Local Place Plans are community-led plans setting out proposals for the development and use of land. The site is located within the Fossoway Local Place Plan, and whilst there are mentions of Rumbling Bridge, there are no specific aspirations or comments relating to this site. Consultations 27 As part of the planning application process the following bodies were consulted: External 28 Edinburgh Airport Ltd have commented on the proposal and raised no objection in terms of airport safeguarding. Page 53 of 118
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Internal 29 Fossoway and District Community Council have objected to the application on the grounds that the extra parking provision is not justified and that the proposal is contrary to the Development Plan. 30 Transportation and Development have no objection to the proposal in terms of road related matters. 31 Environmental Health have commented on the proposal in terms of noise and contaminated land and have no objection subject to conditions being attached. Representations 32 Thirteen letters of representations have been received, from eleven households. All the representations are objecting to the proposal and the main grounds for the objections are, • Contrary to the Development Plan • Impact on visual, and residential amenity • Impact of landscape • Loss of open space • Road and access issues • Contaminated land issues 33 These issues are addressed in the Appraisal section of the report. Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations AA not required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact Some supporting information submitted Appraisal 34 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 supplementary planning guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. Page 54 of 118
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35 In terms of other material considerations, this involves considerations of the Council’s other non-statutory policies and supplementary guidance and consideration of its Corporate Plan and Vison. Policy 36 There are relevant policies contained in all parts of the Development Plan. 37 In terms of the NPF4, Policies 1 (Tackling the Climate and Nature Crises) and 2 (Climate Mitigation and Adaptation) look to ensure that climate change and its impact(s) are fully considered as part of all proposals. Policy 3 (Biodiversity) looks to ensure that all proposals fully consider biodiversity issues, and that a proportionate level of enhancements are delivered as part of new developments. Policy 9 (Brownfield, Vacant and Derelict Land and Empty Buildings) states that new development on greenfield sites must comply with the relevant LDP policies, whilst Policy 13 (Sustainable Transport) looks to encourage, promote and facilities developments that priorities walking, wheeling, cycling and public transport and to reduce the need to travel unsustainably. Policy 14 (Design, Quality and Place) seeks to ensure that all new developments are of a high design standard, whilst Policy 29 (Rural Development) offers support for new rural developments in general, providing they do not adversely affect the area concerned. 38 In terms of the LDP2, the site is located immediately outwith the settlement boundary of Rumbling Bridge, where Policies 1A (Placemaking), 6 (Settlement Boundaries), 55 (nuisance from artificial light and light pollution), 56 (Noise Pollution) Policy 58A (Contaminated and Unstable Land), and 60 (Transport Standards) are applicable. Policy 1 looks to ensure that all new developments do not have an adverse impact on the area concerned and that the development is compatible with existing uses, whilst Policy 6 looks to control new development immediately adjacent to settlement boundaries and listed a number of possible exceptions, which includes development which is justifiable on the basis of a specific operational and locational need and that it can be demonstrated that there are no suitable sites available within the settlement boundary. 39 Policies 55 and 56 look to protect noise sensitive receptors from noisy land uses and light pollution, whilst Policy 58 looks to ensure that sites with either known contaminated land issues or unstable ground conditions are fully considered for their suitability for the use / development proposed. Policy 60 looks to ensure that all new developments complies with the standards of the Council and those of the NRDG in relation to parking, vehicular access arrangements and suitable modes of travel, and all other road related matters. 40 In terms of SPG, the Council’s policies on Placemaking and Developer Contributions are relevant. Land Use Acceptability 41 The principal land use consideration for this proposal is the acceptability of the principle of the proposal immediately outwith the settlement boundary of Rumbling Page 55 of 118
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Bridge, and this particular issue has been raised within many of the representations. From the outset, the applicant has indicated that the area proposed for the permanent parking and play areas is the only land in their ownership and that areas to the west, or south of the school, or land to the north of the private road are not likely to become available. Notwithstanding this position, there still needs to be a policy assessment of the acceptability of the proposal as just because the site is the only ‘option’, does not automatically supersede all other policy criteria. 42 Policy 6 of the LDP2 looks to restrict new development immediately outwith settlements as it can lead to sporadic expansion of settlements into areas which may have been purposely excluded from the settlement boundary for a specific reason. The policy does however go on to say that some forms of development can be supported adjacent to settlements when such proposals are considered to be justifiable on the basis of a specific operational and locational need, and it can be demonstrated that there are no suitable sites available within the settlement boundary. Policy 1 of the LDP2 also needs to be read in conjunction with parts of Policy 6 to some degree, and this policy looks to ensure (amongst other things) that all new developments are appropriately sited, are compatible with existing land uses and do not result in any environmental harm. 43 The proposal is principally for a new (permanent) parking provision, with an ancillary element of play provision. Both elements would be directly associated with the functions of the school. It would not be functional, practical or safe (especially for the play areas) for these facilities to be physically divorced from the school and located either within the settlement boundary of Rumbling Bridge, or further afield. The area between the existing school site and the settlement boundary is not particularly visually important, nor was it a functional area of open space before the temporary use of it commenced. 44 The area is not environmentally sensitive, and it is not protected from either a habitat or landscape perspective. 45 There would be a partial loss of a visual green ‘gap’ between the southwestern corner of the settlement and the existing school site, but this would not necessarily result in any harm to the character, appearance or visual amenity of the area. It also needs to be borne in mind that the proposed play provision and car park are not typical ‘buildings’ which would sit lower in the landscape than the settlement of Rumbling Bridge and would be subject to new landscaping and trees to help soften its appearance. 46 Policy 6 of the LDP2 does however look for justification for proposals which are immediately outwith settlements. In terms of the need and demand for new parking, a new parking area was included within the principal application for the replacement school and that showed provision for 33 cars, as well as drop off and minibus parking. This has since been increased to 41 spaces (including drop off spaces), and a designated mini-bus parking following a redesign of the parking area, the MUGA area and associated landscaping and has been approved as part of the 2021 development as a NMV. Page 56 of 118
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47 In light of this increase, this current proposal is seeking to create 77 parking spaces total (in two locations) which would be exclusively for the benefit of Seamab. 48 Seamab has capacity for 30 young persons at any one time, and it is the expectation that this capacity will be reached and thereafter maintained. 49 To deliver the level of care and education provision for 30 young persons, approx. 105 staff (85 FTE) is required across all the education and care sectors and administration, including 4 external specialists and a psychologist. Approx 40 of those staff will be based at the school (mix of professional and administration), with the other staff being regular visitors to the main building to attend meetings/training etc. Parents, carers and family members also visit Seamab at certain times. 50 As members will be aware, the young persons at Seamab typically have complex medical and social histories and are supported by a Team Around the Child (TAC). This involves multiple professionals who regularly attend Looked After and Accommodated Children reviews (LAAC) for each of young person. In practice, TAC meetings are specific for each young person and for each potential meetings taking place for 1 young person there could be around 10 people at the meeting which would typically generate 6/7 extra cars– bearing in mind some of the attendees will be at the school and some may opt to car share. Meetings such as these take place regularly for all the young persons. 51 With the improved facilities, Seamab will now have the ability to deliver in-house training for up to 15 people. These training events are not new, but previously would have occurred off site which was challenging in terms of maintaining practical cover for the school, costs with hiring venues, and not sustainable in terms of onsite staff having to go off site for training which may be delivered by Seamab staff. 52 The majority of children who attend the school live in residential accommodation about a mile away from the school and typically are transported to and from Seamab by school staff on a minibus every day. Some personal circumstances require transportation via individual vehicles, and bespoke arrangements. The majority of parking demand is therefore likely to arise from staff and visitors. 53 When the initial plans for the replacement school were being considered, it was envisaged that 33 spaces would have been sufficient to allow for the school to continue to operate and this would have been similar provision to what was initially on site before the former school was replaced. Since then, after a more detailed review of ongoing and likely parking demands has occurred, and Seamab considered it appropriate to maximise the parking area immediately to the school and have since increased the onsite parking level to 41 by amending the MUGA designs, and amenity/landscaping areas. Amenity space is an important aspect of the Seamab environment, and if the approved onsite parking area was to be expanded any further, it would inevitably erode some of the calming qualities of Seamab and adversely impact on the level of amenity the young persons would have access to too. Page 57 of 118
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54 Notwithstanding the staff numbers (on site and visiting) and other likely predicted visit, 41 spaces for drop offs and regular parking spaces would remain sufficient based on the standards listed in the NRDG for care/education situations, but it is likely that due to the level of extra support which the children at Seamab parking will be limited and at times, not available within the main parking area. 55 Having extra available car parking spaces in what would essentially be an overflow car parking area would be to the benefit of both Seamab and the amenity of the local area, as the school can safely accommodate any extra spike in parking demand without having to potentially reschedule TAC / LAAC meetings / reviews due to parking concerns. The school is aware that during some previous training days / events, visitors have had to park on local roads and in Rumbling Bridge due to the unavailability of parking onsite which has occasionally caused some issues with irresponsibly parking. 56 The existing temporary parking area is the only area which is within the control of the applicant, and its location immediately adjacent to the school makes it the preferred and logical location for a new area of parking. It has operated without incident or any road safety issues during the construction phase and ultimately the school sees the benefits in retaining the temporary parking permanently to complement the onsite provision. 57 In all, there is a justifiable case for the development in this location which is immediately outside the settlement boundary, which is one of the principal requirements for Policy 6 of the LDP2 concerning developments adjacent to settlements. 58 As will be discussed below, in terms of other matters such as residential and visual amenity, and general environmental harm, the proposal is not considered to a have a significant impact subject to conditions and ultimately from a land use perspective is considered to be acceptable and in accordance with the relevant polices of the Development Plan. Visual Amenity, Design and Layout 59 The proposal raises no issues in terms of visual amenity issues. 60 The site is highly visible from the south, and on the approach from the east but the development would sit fairly naturally into an area which is framed by the new school (west), existing dwellings behind (north) and the public road approach to the east. At the moment, there is little landscaping or planting across the wider site as this remains uncompleted and will likely to be the last phase of the development. New planting and landscaping is proposed surrounding the parking area, which will help to soften its impact as well as help provide a proportionate level of biodiversity enhancements. 61 However, there would be some scope for internal planting and landscaping to visually break up the rows of parking. This could be delivered by creating a small planting ‘gap’ across the midpoint in the car park and introducing low maintained Page 58 of 118
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trees or planters. This would be a preferred option than grasscrete surfacing which can be challenging to implement successfully and often doesn’t provide the ‘green’ benefit it promises. A condition concerning landscaping and planting arrangements has been recommended (Condition 3). 62 The external stair leading from the parking area to the principal school site is partly screened by existing trees, and whilst it is basic in its design, it is unoffensive and does not necessarily cause significant visual harm. It would be most prominent to users of the parking area, and when they are entering and leaving the parking area, and its impact on the wider visual amenity of the area would be limited. 63 In terms of other design and layout matters, the play area is positioned at the southern end of the site and would, after completion sit relevantly comfortably next to the school, and the car park. The school has a number of outside learning and breakout spaces, and the play area would essentially be an extension to the principal area. There is a small set of wooden stairs at the area of the proposed play area which is proposed to be removed shortly and these are not part of this current planning application. Landscape 64 The site is not part of a protected landscape, nor is it part of a local landscape area. Whilst there would be an impact on the landscape by the nature of the development, that impact is not considered to be significant in the context of the landscape character of the area. Residential Amenity 65 In terms of the impact on existing residential amenity from the car parking element, there are existing residential properties along the private access, and one property is directly opposite the entrance to the new parking area. During the winter, there could be some implications for headlights of cars to cause some light nuisance to the occupiers of this particular property, however any impact is likely to be limited to a short period of time over the winter and some mitigation is provided by existing vegetation and a small wall within the front garden. It does need to be borne in mind that the proposed parking area is essentially looking to better manage predicted parking demands and need and would not necessarily generate any more vehicle movements along the private road above what would ordinarily be occurring regardless of whether this extra parking was available or not and the extra parking provision would help to negate people parking within the settlement of Rumbling Bridge, which has been known to cause issues for local residents previously. 66 At the northern end of the site is a road bridge, with an existing arch where the former railway passed underneath. On the northern side of the archway is the private garden of ‘Glentor’. There would be an interaction between the parking area and the private garden area assoicated with this property, so it is recommended that details of a proposed screen is submitted to and approved to ensure the residential amenity of the occupiers of this property is protected (Condition 4). Page 59 of 118
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67 External lighting has been raised as an area of concern, and at the moment there are floodlights across the site which were temporary during the construction phase. As the principal construction phase is now coming to an end, the applicant has indicated that the existing temporary flooding will be removed from site shortly. 68 No floodlighting of the carparking area is proposed, but it is expected that there will be some soft low level lighting at the approach to the stairs, and on the stairs to ensure that during the winter users of the car park can safety enter and leave the car parking area. A condition has been added to this effect (Condition 2). 69 In terms of the impact from the proposed play area, whilst this is located at the southern end of the site there would still be the potential for noise nuisance to occur if suitable controls were not in place. To ensure that existing residential amenity is protected, conditions in relation to hours of operation / use (linked to a school day), a requirement for a noise management plan, controls over any lighting (which is not expected for the play area) and also a requirement for a noise impact assessment to be undertaken if noise nuisance is proven to be occurring are recommended (Conditions 6, 7 and 8). 70 In all, subject to these controls the use of both the parking area and the play areas raises no issues in terms of compliance with the relevant residential amenity policies across the Development Plan, particularly Policy 1 of the LDP2. Roads and Access 71 The proposal raises no issues in terms of road related matters. 72 The proposed vehicular access to the private road is acceptable and the same applies to the internal arrangements surrounding the parking spaces and EV charging areas. It is worth noting that the site has been operating as a temporary car park in essentially the same layout and form as what is permanently proposed for around 2 years without any concerns or issues. The Council’s Transport Planning team have commented on the proposal and have raised no objections in terms of the vehicular access arrangements, and the internal layout of the parking area. 73 It is noted that concerns have been raised regarding the potential increase in traffic on local roads as a result of this development. It would be unlikely that the availability of onsite parking would increase the level of traffic on the local roads as movements would inevitably occur regardless as people attend Seamab for work, meetings or visits. In any event, the public road network is capable of accommodating vehicle movements associated with the activities at Seamab. It would be beneficial if improvements were made to the bellmouth of the private road and the public road and for a short stretch in a western direction towards the school, however the ability of the school to deliver this is dependent on agreement from the relevant landowner and negotiations are still ongoing in this regards. 74 It should be noted that the terms of the planning permission for the replacement school looked to ensure that some resurfacing of the private access from the public Page 60 of 118
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road occurred. The applicant remains committed to undertaking this upgrade, however there remains ongoing discussions with the landowner concerning the finer details of this arrangement. As conditional control remains on the principal permission, which could be subject to an amendment if there remain difficulties in physically (and legally) being able to deliver the upgrade, it is not considered appropriate or necessary to reattach the requirement to this permission. 75 In all, the proposal complies with the requirements of Policy 60B of the LDP2 and the requirements of the NRDG. Drainage and Flooding 76 The area is not in an area which is at risk from flooding. The parking area will be formed by crushed Type 1 material which will allow surface water to drain naturally. There will be measures in place across the site to ensure that surface water is managed so that no water is shed onto neighbouring land, and any run off directed to appropriate soakaways. Some details on this remain outstanding, so a conditional requirement has been added to seek confirmation from the applicant of their final surface water drainage arrangements which will need to accord with best practice (Condition 5). Subject to this, the proposal raises with the various flooding and drainage policies contained within the Development Plan. Waste Collection 77 A condition will be attached to the permission to ensure that there is one recycling and one non-recyclable waste bin placed between the parking area, and the school (Condition 10). It will be a responsibility of the school to empty the bin regularly and add the waste to the principal bins at the school which will be collected by arrangement. Subject to this, the proposal itself raised no issues in terms of waste or recycling provision. Contaminated Land 78 The proposal has been reviewed by the Council’s Contaminated Land Team. 79 Historic mapping indicates that part of the site was former railway land, and as such there is the potential for ground contamination resulting from this former land use which could impact the suitability of the site for the proposed use. The CL team note that a number of comments have been submitted which indicate that waste materials, including asbestos, may have been disposed at this location. 80 Since the submission of the application, some further technical reports have been submitted informally, which do not show any significant levels of contamination however in this case it is prudent to attach a standard condition on this permission which requires the formal submission of a Phase 1 report, with recommended mitigations (Condition 9). Subject to this requirement, at this moment in time the proposal raises no significant issues with contaminated land and in most cases if any contamination is present on a development site, it can be resolved through remediation and then subsequent verification that any remediation has been Page 61 of 118
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successful submitted to the Council as Planning Authority to ensure that the land is ultimately fit for the use proposed. Conservation Considerations 81 The proposal does not affect any Listed Building, Conservation Area of local archaeology. Loss of Agricultural Land 82 The site is already in use for a temporary carpark, and site compound associated with the construction phase for the replacement school. The land in question is classified as 4.2 on the land classification maps, and before the site compound and temporary parking was created, Prior to the existing temporary uses occurring, the field in question was not readily used for crops but used casually for horses and animals. Private Water 83 There is a known private water pipe which crosses the wider Seamab site, under the proposed car park immediately adjacent to the school. This private water supply serves livestock. Concerns have been raised about the impact that Seamab development would have on this pipe, and the ability of interested parties to carry out repairs and maintenance – as requested. The grant of any planning permission does not supercede any existing land title burdens or servitude rights, so the position in terms of access and maintenance and retaining a wholesome supply will remain unaltered as a result of the planning decisions. Natural Heritage and Biodiversity 84 The proposed parking area is largely already in place, and has been for a number of months. Before that, the site was essentially a field which ordinarily would have had a low level of biodiversity interest. In light of this, the impact on any existing biodiversity interests is relevantly low, but there would be a welcomed opportunity to provide a passionate level of biodiversity enhancement by introducing some wildflowers and trees which are both native and biodiversity friendly into the area which is outwith the carpark and the functional recreational space. A condition has been added to this effect, which will require the submission of further details for the approval in writing by the Council as Planning Authority (Condition 3). Climate Change implications 85 The proposal does not involve any heating systems and does not involve any buildings as such. There is therefore no requirement for any statement on low and zero carbon generating technologies as per the requirements of Policy 32 of the LDP2. 86 The proposal is however providing EV charging stations, as well as cycle storage provision which supports the principles of more sustainable travel which is set out in Page 62 of 118
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Policy 13 of the NPF4, and parts of Policy 60B of the LDP2. New tree planting will be incorporated into both this particular element of the wider development as well as the principal school replacement, and this to will contribute to the lowering of CO2 emissions. 87 It is noted that a number of representations have suggested that the new parking provision would inevitable increase traffic on the local roads, which could increase CO2 emissions and affect air quality. As stated before, it is unlikely that the provision of this permanent new car parking area would increase the use of cars. It is far more likely that it will simply control the existing parking demand in a more formal, and planned manner. 88 It is also the case that whilst four EV charging stations are proposed, in reality it is highly likely that the number of electric cars within the car park at any one time will increase over time. Exact numbers will be difficult to quantify, but the clear trend of car ownership and usage is for more electric and hybrid cars to be circulation as opposed to the more traditional petrol and diesel. Data from the Society of Motor Manufacturers and Traders (SMMT) for car sales in February this year show that of the approx. 91 thousand new car registered in the month, just under half were either electric or hybrid cars. On the basis that the new parking area would not likely generate more parking demand and that there would be a rising number of electric vehicles, there is not likely to be an additional impact on CO2 emissions as a direct result of the development. 89 Ultimately, the policies and principles of NPF4 do not state that no new carparks for non-electric vehicles will be supported, but more to ensure that a balance is had between supporting our communities and community facilities and being conscious of climate change and the need to offer (and promote) sustainable travel. The proposed mix of regular parking, EV spaces and cycle storage facilities across the wider Seamab site does this successfully. Public Access 90 There are some core paths in the area, but the proposal would not directly impact on those established routes. In terms of the disused railway line, this separates the main school curtilage and the proposed car parking / play areas. This area is to remain unaffected with the existing trees (largely self-seeded) along the route being retained with the exception being the staircase which links the parking area and the main school curtilage. A path on the western side of the car parking and play area link will connect the southern amenity spaces on the principal site. 91 It is not proposed to have any formal enclosures or barriers to restrict public access across the proposed car parking or play areas but there will be a gate / barrier at the entrance point. Details of the barrier / gate shall be submitted for further approval by the Council as Planning Authority (Condition 11). Page 63 of 118
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Developer Contributions 92 Due to the nature of the proposal, there is no requirement for any developer contributions in relation to Affordable Housing, Primary Education or either of the Transport related contributions. Economic Impact 93 The nature of the proposal is such that there could be a local positive impact on the area, but this would not likely be significant. Variation of Application Under Section 32A 94 The application has been varied by the inclusion of the external stair case at the western side of the site. Planning Obligations and Legal Agreements 95 None required. Direction By Scottish Ministers 96 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 97 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 adopted 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. Page 64 of 118
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2. Prior to the installation of any external lighting, details of such lighting shall be submitted to and approved in writing by the Council as Planning Authority. Any lighting must be soft lighting which does not result in a light nuisance off site. The approved details shall be implemented in full thereafter. Reason - In order to clarify the terms of this planning permission and to ensure that unnecessary light pollution / nuisance does not occur. 3. Prior to the commencement of the development hereby approved, an updated landscaping and planting scheme shall be submitted to and approved in writing by the Council as Planning Authority. The details shall include details of both internal and perimeter planting which is both native and biodiversity friendly, wildflower edges and a timescale for implementation. The approved details shall be implemented in full within the approved timescales with any planting failing within the first 5 years replaced on a like for like basis within the next available planting season. Reason - In the interest of protecting visual amenity and to ensure a proportionate level of biodiversity enhancements are delivered. 4. Prior to the commencement of the development hereby approved, details of a screen / fence / landscaping on the southern side of the archway underneath the road bridge shall be submitted to and approved and in writing by the Council as Planning Authority. The details must ensure that maintenance of the bridge can be undertaken but protects the residential amenity of ‘Glentor’. The approved details shall be implemented in full, and prior to the use of the car park commencing on a permanent basis. Reason - In order to protect existing residential amenity. 5. Prior to the commencement of the development hereby approved, precise details of the proposed means of surface water disposal across the car parking area shall be submitted to and approved in writing by the Council as Planning Authority. The approved details shall be implemented in full as the development progresses. Reason - In order to ensure the site is adequately drained. 6. The hours of operation of the football pitch and zip line shall be restricted to 09:00 to 17:00 Monday to Thursday and Friday 09:00 to 16:00 hours only, with strictly no weekend use. Reason - In order to protect the residential amenity of the area. 7. Prior to the commencement of the development hereby approved, a detailed Noise Management Plan (NMP) shall be submitted to and approved in writing by the Council as Planning Authority. The plan shall include all sources of noise associated with the use of play area including user noise, including noise from antisocial behaviour, activity noise and the measures that will be put in place to minimise and/or control noise. The plan shall include measures for it to be a) Page 65 of 118
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reviewed on a regular basis or b) following receipt of a justified complaint or c) at the request of the Council as Planning Authority. The approved NMP shall be implemented in full at all times. Reason - In order to protect the residential amenity of the area. 8. In the event of a justified noise complaint being received by the Council as Planning Authority, the school shall at its own expense, employ a consultant approved by the Council as Planning Authority to carry out a noise assessment. The assessment will be carried out to an appropriate methodology which must be approved in writing with the Council as Planning Authority beforehand. A scheme of any proposed noise mitigation shall be included with the noise assessment, specifying timescales for the implementation of the scheme, and shall be submitted to and approved in writing by the Council as Planning Authority with 28 days of the assessment. The mitigation measures shall thereafter be implemented in accordance with the approved scheme and timescales. Reason - In order to protect the residential amenity of the area. 9. Prior to the commencement the development hereby approved, an evaluation for the potential of the site to be affected by contamination by a previous use must be undertaken and 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 should 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 approved measures to decontaminate the site shall be fully implemented as approved by the Council as Planning Authority. Validation that the scheme has been fully implemented must also be submitted to and approved in writing by the Council as Planning Authority. Reason - In order to ensure the site is fit for the land use proposed. 10. Prior to the commencement of the development hereby approved, details of onsite waste / recycling bins on site 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 the interest of proper site management. 11. Prior to the commencement of the development hereby approved, details of the proposed gate / barrier at the vehicular access to the parking area shall be Page 66 of 118
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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 clarify the terms of this planning permission. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None Informatives 1. 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. Background Papers Letters of representation 13 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 Page 67 of 118
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¯ © Crown copyright [and database rights] [2026] OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 9 September 2026 25/01468/FLL Erection of children's play area (for a temporary period), formation of 36 car parking spaces, 4 EV chargers and bicycle rack and associated works at Seamab School, Rumbling Bridge, Kinross, KY13 0PT Scale 1:25,000 5(2)(i) Page 69 of 118
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¯ © Crown copyright [and database rights] [2026] OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 9 September 2026 25/01468/FLL Erection of children's play area (for a temporary period), formation of 36 car parking spaces, 4 EV chargers and bicycle rack and associated works at Seamab School, Rumbling Bridge, Kinross, KY13 0PT Scale 1:10,000 5(2)(i) Page 71 of 118
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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. 5(2)(ii) Page 73 of 118
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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. Page 74 of 118
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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 Page 75 of 118
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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 Page 76 of 118
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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. Page 77 of 118
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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 Page 78 of 118
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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 Page 79 of 118
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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 Page 80 of 118
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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. Page 81 of 118
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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 Page 82 of 118
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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 Page 83 of 118
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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 Page 84 of 118
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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. Page 85 of 118
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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, Page 86 of 118
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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. Page 87 of 118
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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. Page 88 of 118
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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. Page 89 of 118
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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 Page 90 of 118
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¯ © Crown copyright [and database rights] [2026] OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 9 September 2026 26/00060/FLL Change of use from vehicle sales forecourt to petrol filling station, formation of wash bay, installation of communications cabinet and associated works (part retrospective) at Cargill Autos, Main Street, Bridge of Earn, Perth PH2 9PJ Scale 1:10,000 5(2)(ii) Page 93 of 118
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¯ © Crown copyright [and database rights] [2026] OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 9 September 2026 26/00060/FLL Change of use from vehicle sales forecourt to petrol filling station, formation of wash bay, installation of communications cabinet and associated works (part retrospective) at Cargill Autos, Main Street, Bridge of Earn, Perth PH2 9PJ Scale 1:5,000 5(2)(ii) Page 95 of 118
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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, 5(2)(iii) Page 97 of 118
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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. Page 98 of 118
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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 Page 99 of 118
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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. Page 100 of 118
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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. Page 101 of 118
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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. Page 102 of 118
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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. Page 103 of 118
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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 Page 104 of 118
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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. Page 105 of 118
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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 Page 106 of 118
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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 Page 107 of 118
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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. Page 108 of 118
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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 Page 109 of 118
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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. Page 110 of 118
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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 Page 111 of 118
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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 Page 112 of 118
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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. Page 113 of 118
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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 Page 114 of 118
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¯ © Crown copyright [and database rights] [2026] OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 9 September 2026 26/00097/FLL 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) on land 250 metres South of Gellyburn Farm, Kinross Scale 1:25,000 5(2)(iii) Page 115 of 118
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¯ © Crown copyright [and database rights] [2026] OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 9 September 2026 26/00097/FLL 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) on land 250 metres South of Gellyburn Farm, Kinross Scale 1:10,000 5(2)(iii) Page 117 of 118
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