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Minute of meeting of 9 September 2026

Perth and Kinross Council · 14 October 2026
Back to Planning and Placemaking Committee — 14 October 2026 and its agenda

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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 9 September 2026 at
10.30am. 
Present: Councillors I Massie, G Stewart, K Allan, B Brawn, D Illingworth, I James,
G Laing (substituting for D Cuthbert), I MacPherson (substituting for R Watters) and
Bailie M Williamson. 
In Attendance: K Smith and P Williamson (all Economy, Development and Planning);
A Brown, C Elliott, E Ferguson and M Pasternak (all Legal and Governance). 
Apologies: Councillors D Cuthbert, K Harvey and R Watters. 
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
12 August 2026 was submitted and approved as a correct record. 
4.  Deputations 
In terms of Standing Order 13, the Committee agreed to hear deputations in
relation to the following planning applications: 
Planning Application No.  Item No. 
25/01468/FLL   5(2)(i) 
26/00060/FLL   5(2)(ii) 
It was also noted that Ms S-L Bow, 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) 24/01616/FLM - Formation of operations complex comprising
erection of welfare buildings, office building, laundry facilities,
workshop, alterations to existing access, formation of roads,

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parking areas and associated works, land 600 metres north
east of Sealtainn, Bolfracks, Aberfeldy, PH15 2EY (Report No.
26/240) 
Ms S-L Bow, agent, answered members questions. 
Resolved:
Grant, subject to the following terms, conditions and informatives: 
Conditions
1. This planning permission will last only for three years from
the date of this decision notice, unless the development has
been lawfully started within that period.
Reason - This is a Planning Permission in terms of Section
58 of the Town and Country Planning (Scotland) Act 1997,
as amended by Section 32 of the Planning (Scotland) Act
2019.
2. 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, 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.

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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).
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

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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 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.

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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 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

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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;
l) traffic arrangements in the immediate vicinity of
temporary construction compounds;

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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).

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- Monitoring, review and reporting arrangements, with
survey results submitted to the Planning Authority at
agreed intervals.
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

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occupied or brought into use until a Post-Excavation
Research Design (PERD) has been submitted to and
agreed in writing by the Council as Planning Authority, in
consultation with PKHT.  The PERD shall be carried out in
complete accordance with the approved details. 
Furthermore, the developer shall afford access at all
reasonable times to PKHT or a nominated representative
and shall allow them to observe work in progress.
Reason - 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

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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 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. 
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

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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.
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. 
(2) Local Applications 
(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 No. 26/241) 
Mr S Provan, applicant and Mr M Richardson, agent on behalf of
the applicant, addressed the Committee and answered members
questions. 
Resolved:
Grant, subject to the following terms, conditions and informatives: 
Conditions
1. This planning permission will last only for three years from
the date of this decision notice, unless the development has
been lawfully started within that period.
Reason - This is a Planning Permission in terms of Section
58 of the Town and Country Planning (Scotland) Act 1997,
as amended by Section 32 of the Planning (Scotland) Act
2019.
2. 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.

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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) 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

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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 submitted to
and approved in writing by the Council as Planning
Authority.  The approved details shall thereafter be
implemented in full.

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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. 
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. 
(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 No. 26/242) 
Mrs S Stewart and Mr I Bethune, objectors followed by Mr
S Anderson, applicant and Mr J Sutton, agent on behalf of the
applicant, answered members questions. 
Councillor D Illingworth put forward an Amendment to accept the
proposal with reduced opening hours of 7.00am-10.00pm. 
Following advice from Mr C Elliott, solicitor, the Amendment was
withdrawn. 
Resolved:
Grant, subject to the following terms, conditions and informatives: 
Conditions
1. This planning permission will last only for three years from
the date of this decision notice, unless the development has
been lawfully started within that period.
Reason - This is a Planning Permission in terms of Section
58 of the Town and Country Planning (Scotland) Act 1997,

Page 15

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. 
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

Page 16

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. 
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

Page 17

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. 
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)

Page 18

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. 
(The Committee took a short recess and then reconvened) 
(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 No. 26/243) 
Resolved:
Grant, subject to the following terms, conditions and informatives: 
Conditions
1. This planning permission will last only for three years from
the date of this decision notice, unless the development has
been lawfully started within that period. 
Reason - This is a Planning Permission in terms of Section
58 of the Town and Country Planning (Scotland) Act 1997,
as amended by Section 32 of the Planning (Scotland) Act
2019) 
2. The 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.
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.

Page 19

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 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

Page 20

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
writing 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 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.

Page 21

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. 
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

Page 22

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.