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,
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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
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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
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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)
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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.
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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
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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.
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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
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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.