26/00245/Amm
Perth and Kinross Council · 14 October 2026
Back to Planning and Placemaking Committee — 14 October 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Perth and Kinross Council Planning and Placemaking Committee - 14 October 2026 Report of Handling by Development Management and Building Standards Service Manager (Report No. 26/280) Proposal: Erection of 110 dwellinghouses and 4 flats and associated works (phases 3 and 4) (change of house types on plots 31-69, 100, 112, 115-187, layout and phasing approved under 19/01130/AMM) (approval of matters specified in conditions of planning permission in principle 17/00088/IPM) Location: Land at Stanley Village (H30), Stanley Ref. No: 26/00245/AMM Ward No: P5 - Strathtay Summary This report recommends approval of the Approval of Matters Specified by Condition (AMSC) application for the erection of 110 dwellinghouses and 4 flats and associated works (phases 3 and 4) (change of house types on plots 31-69, 100, 112, 115-187, layout and phasing approved under 19/01130/AMM) (approval of matters specified in conditions of planning permission in principle 17/00088/IPM). Overall the proposal remains consistent with the Development Plan and approved masterplan and is recommended for approval, subject to conditions. Background and Description of Proposal 1 The application site relates to land to the west of Perth Road, Stanley. The applicant is proposing a remix of the housing on Phases 3 and 4 due to changing economic conditions and market demand. The proposal is to revise the house types to align with the amended Phase 2 layout, as these are performing better in the current market. Phase 2 private units are nearing completion. 2 Muir Homes Ltd has advised that to maintain momentum and secure their 2026/27 budget, they need to progress onto the private plots in Phase 3. Their proposal is to retain Plots 29–35 and 69–72 as per the existing permission with the remaining plots to be remixed with the new house types, and the phasing will be amended so that the 31 affordable units are delivered as a single phase, reflecting discussions with PKC Affordable Housing Team who will be their client for these units.
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3 This application therefore seeks an AMSC for the erection of 110 dwellinghouses and 4 flats, landscaping and associated works (change of house types on plots 31-69, 100, 112, 115-187). Single garages have been introduced to some plots. The proposal will not increase the number of units originally approved. The proposal includes a minor amendment to the approved phasing, with the 31 affordable housing units now proposed to be delivered following in Phase 3B, rather than within Phase 4 as previously approved. 4 It should also be noted that the revised layout includes the removal of the LPG tanks to the west of plot 72, albeit outwith the red line site boundary of this application and solar PV panels have been replaced with ASHPs. 5 The site is allocated in the Perth and Kinross Local Development Plan (2019) (LDP2) as H30. This allocations forms part of a wider masterplan and allocation for residential development across Stanley comprising five site allocations (H30- H34). Cumulatively, the LDP2 allocations total an area of 25.7 hectares (ha), with the indicative range of 248-387 residential units. 6 Planning Permission in Principle (PPP) was granted as one application across the entire H30-H24 allocation in August 2018 (Ref: 17/00088/IPM), which was subject to a Section 75 legal agreement and planning conditions, including an Approval of Matters Specified in Condition (AMSC) requiring detailed layout and design detail for all sites by August 2023. A masterplan and indicative layout plan were submitted with the PPP application indicating 465 units in total for all sites, with 125 dwellings on H30; however, these elements were not approved. Condition 7 of the PPP does limit the permission to 431 residential units across the H30-H34 allocations. 7 The site (H30) extends to approximately 14.6ha and benefits from planning permission for 183 dwellinghouses and 4 flats, by virtue of permission 19/01130/AMM. This site is the southern-most site in the proposed Stanley masterplan, located to the southwest of the village and is bound by residential properties to the north, A93 to the east, agricultural land to the south and a core path and railway line to the west. The topography is mixed with a hill and high point to the south and a series of undulations towards the northern boundary. Site History 8 15/00010/PAN Proposed masterplan for village expansion 18 June 2015. 9 17/00088/IPM Mixed use development (in principle). Application approved 24 August 2018. 10 19/01130/AMM Erection of 183 dwellinghouses and 4 flats, formation of a vehicular access, play park, landscaping and associated works (approval of matters specified in conditions of 17/00088/IPM) (allocated site H30). Application approved 3 June 2020.
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11 19/01373/FLL Alterations to public road, formation of vehicular access and associated works. Application approved 2 July 2020. 12 20/00096/FLL Formation of a crossing point and associated works. Application approved 3 July 2020. 13 22/00545/ADV Advertisement Consent for display of 10 flagpoles and 4 signs. Approved 17 May 2022. 14 22/00602/FLL Full Planning Permission for siting of a sales cabin and associated works (for a temporary period). Application approved 10 June 2022. 15 23/00674/FLL Full Planning Permission for erection of 9 dwellinghouses (change of house type), alterations to road layout and landscaping works. Application approved on 3 October 2023. 16 24/01485/AMM Full Planning Permission for erection of 41 dwellinghouses, landscaping and associated works (change of house type plots 15-28 and 73-99 of 19/01130/AMM) (allocated site H30). Application approved on 12 March 2025. Environmental Impact Assessment 17 An Environmental Impact Assessment Report is not required. The wider development (183 dwellinghouses and 4 flats) was previously screened under application ref. 16/01867/SCRN and was not considered to constitute EIA development. 18 The current proposal relates solely to a change in house types and phasing within that approved development and does not alter the overall scale, nature or extent of development. There are no new or different likely significant environmental effects arising from the proposed amendments. Accordingly, the conclusions of the previous screening remain applicable and no EIA is required. Pre-Application Consultation 19 As an AMSC application, there is no formal further pre-application consultation with the local community required. Development Plan 20 The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance. National Planning Framework 4 21 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies.
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This strategy sets out how to improve peoples’ lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 22 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 6: Forestry, Woodland and Trees • Policy 7: Historic assets and places • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 15: Local Living and 20 Minute Neighbourhoods • Policy 16: Quality Homes • Policy 18: Infrastructure First • Policy 19: Heating and Cooling • Policy 20: Blue and Green Infrastructure • Policy 21: Play, Recreation and Sport • Policy 22: Flood Risk and Water Management Perth and Kinross Local Development Plan 2019 23 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 24 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 14B: Open Space Retention and Provision: Open Space within New Developments • Policy 15: Public Access • Policy 17: Residential Areas • Policy 20: Affordable Housing • Policy 23: Delivery of Development Sites • Policy 25: Housing Mix • Policy 27A: Listed Buildings • Policy 28A: New Development • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development
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• Policy 34A: Sustainable Heating & Cooling: Heat Networks, Major Development and LDP Site Allocations • Policy 38A: Environment and Conservation: International Nature Conservation Sites • Policy 38B: Environment and Conservation: National Designations • Policy 38C: Environment and Conservation: Local Designations • Policy 39: Landscape • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 47: River Tay Catchment Area • Policy 50: Prime Agricultural Land • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 56: Noise Pollution • Policy 57: Air Quality • Policy 60A: Transport Standards and Accessibility Requirements: Existing Infrastructure Statutory Supplementary Guidance • Supplementary Guidance - Air Quality (adopted in 2020) • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) • Supplementary Guidance - Placemaking (adopted in 2020) OTHER MATERIAL CONSIDERATIONS PKC Non Statutory Guidance • Planning Guidance - Delivery of Development Sites • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity • Conservation areas
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National Guidance 25 The Scottish Government expresses its planning policies through Planning Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Those relevant are listed below. Planning Advice Notes 26 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 1/2011 Planning and Noise • PAN 65 Planning and Open Space Creating Places 2013 27 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 28 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 29 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. Local Place Plans 30 Local Place Plans are community-led plans setting out proposals for the development and use of land and set out a community’s aspirations for its future development. There are no Local Place Plans for this site. Consultations 31 As part of the planning application process the following bodies were consulted:
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Internal 32 Conservation Team – no comment. 33 Structures and Flooding – no objection. 34 Environmental Health (Contaminated Land) – no objection. 35 Development Contributions Officer – no objection. 36 Transportation and Development – no objection subject to conditions. 37 Development Plan – no comment. 38 Planning Enforcement Officer (Trees) – no comment. 39 Biodiversity - An Ecological Impact Assessment (EcIA) and Biodiversity Action Plan were requested by the Biodiversity Officer. However, as this application seeks approval solely for changes to house types and rephasing within an already approved development, it is not considered an appropriate stage in the planning process to require new ecological assessments. Instead, the biodiversity and natural heritage conditions attached to planning permission 19/01130/AMM are recommended to be re-applied should the current application be approved, to ensure the continued delivery of the mitigation and enhancement measures secured under the wider development. 40 Affordable Housing Enabler – no objection to revised phasing. External 41 Scottish Water - no comments. Representations 42 One letter of representation was received. The main issues raised within the representation are: • access arrangements; • road safety; • road calming; • electric car charging points. 43 These issues are addressed in the Appraisal section of the report.
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ADDITIONAL STATEMENTS Screening Opinion No new screening opinion required Environmental Impact Assessment (EIA): Environmental Report not required Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed AA not required Design Statement or Design and Access Statement not required Report on Impact or Potential Impact eg Flood Risk Assessment not required Appraisal 44 Section 42(1) of the Town & Country Planning (Scotland) Act 1997 (as amended) relates to applications for planning permission for the development of land without complying with conditions subject to which a previous permission was granted. 45 Section 42(2) requires that the Planning Authority shall consider only the question of the condition(s) subject to which planning permission should be granted, and: (a) If they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it would be granted unconditionally, they shall grant planning permission accordingly; (b) If they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application. 46 The determining issues in this case are whether the proposal complies with Development Plan policy or if there are any other material considerations which justify a departure from that policy. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 47 The key determining policy issues for this proposal include the provision of high- quality, affordable and sustainable homes (Policies 20, 24 and 25 of LDP2 and Policy 16 of NPF4), liveable places (Policies 1, 2, 56 and 57 of LDP2 and Policy 14 of NPF4), flooding and the water environment (Policies 52 and 53A of LDP2
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and Policy 22 of NPF4), residential amenity (Policy 17 of LDP2 and Policy 15 of NPF4), biodiversity and ecological impacts (Policies 40 and 41 of LDP2 and Policy 3 of NPF4), and transport considerations (Policy 60A of LDP2 and Policy 13 of NPF4). 48 The principle of residential development is well established through the allocation of Site H30 in LDP2, PPP 17/00018/IPM approved in 2018 and 19/01130/AMM for 183 dwellinghouses and 4 flats, approved in 2020. 49 The principle of residential development is thus established. It is, however, necessary to undertake an assessment of the detail of this proposal. Design, Layout and Phasing 50 Policy 14: Design, Quality and Place, Policy 15: Local Living and 20 Minute Neighbourhoods and Policy 16: Quality Homes of NPF4 are relevant as are LDP2 Policy 1: Placemaking, Policy 14B: Open Space within New Developments, Policy 17: Residential Areas, Policy 25: Housing Mix and Policy 42: Green Infrastructure. 51 This application relates to Phases 3 and 4. The overall site delivers 187 units, comprising 140 private and 47 social housing units. Private housing is dominated by 3 and 4-bed detached units, with a more limited proportion of semi-detached. Affordable housing is entirely 2 and 3-bed, comprising terraced houses and flatted blocks only, with no semi-detached or detached provision. 52 There are a total of 119 plots in Phases 3 and 4, however 5 of the plots will remain unchanged from the previous approval - Plots 29, 30, 70, 71 and 72. The red line boundary has excluded these plots. 53 Following a review of the planning layout for Phases 3 and 4, Muir Homes Ltd is seeking a variation to the approved scheme. The proposed change involves a substitution of house types and minor adjustments to the phasing. This revision is required to respond to changing market conditions and to align the delivery of affordable housing with discussions held with the Housing Strategy team regarding the 31 affordable plots. The updated layout reflects house types approved and constructed in Phase 2, while re-phasing the affordable plots to ensure effective delivery. 54 The plots being remixed are Plots 31 to 69, and Plots 119 to 187 inclusive. 55 The proposed revisions are as follows: • Plot 100 re-introduced into Phase 3. Was removed through planning permission 24/01485/AMM. • Plot 112 re-introduced into Phase 3. Was removed through planning permission 23/00674/AMM.
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• Revised phasing – 31 affordable plots were previously in Phase 4, now proposed in Phase 3B. • Affordable housing delivery redistributed: The 31 affordable units, previously delivered wholly within Phase 4 (Plots 115–130 and 173–187), are now distributed across multiple plot groupings (Plots 34–45, 100, 112, 115–127 and 166–169), with delivery brought forward into earlier phases. • Increase in Phase 4 private housing: Phase 4 private housing increases from 42 units to 56 units. • Reduction in Phase 3 private housing: Phase 3 private housing reduces from 44 units to 32 units. • Introduction of detached garages: Several house types now incorporate detached single garages within their plots, representing a change from the previously approved integral garage arrangements. • Change in house types and mix: The proposed development introduces revised house types (including semi-detached/detached units with detached garages and new detached bungalow types), replacing the previously approved mix and altering unit distribution and floorspace across the site. Change in house types and mix 56 In terms of private housing, a total of 46 semi-detached units are approved across Phases 3 and 4. The proposal would reduce this to 14 semi-detached units. Conversely, detached units would increase from 40 to 74, as set out in the table below. 57 The proposal results in a significant shift in the private housing mix, with semi-detached units reducing by 32 units and detached units increasing by 34, reflecting a marked move towards predominantly detached dwellinghouses following the removal of the Kinkell semi-detached villa type. 58 Using the approved and proposed private housing mix schedules for Phases 3 and 4, the bedroom mix would change as set out below. This includes the five plots which remain unchanged from the original permission.
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59 As can be seen from the table above, this represents a reduction in smaller two and three-bedroom private units and a significant increase in four-bedroom units, with the overall number of private dwellings increasing from 86 to 88 units across phases 3 and 4. 60 In isolation the current proposal does not comply with LDP2 Policy 25: Housing Mix, however, looking at the breakdown of housing across all phases, a total of 15 units (2 bedrooms) meets the 10% requirement across the private tenure of the whole site (140 units) as shown in the table below. As required by Policy 25 of LDP2, this provision is over and above the on-site affordable provision, which is 25%. The proposal therefore complies with LDP2 Policy 25, when considered in the context of the wider development. 61 Across Phases 3 and 4 combined, the proposed revisions reduce bungalow provision from 25 to 16 units, while villa (2 storey) provision increases from 61 to 72 units. Across the whole private housing element, bungalow provision reduces from 37 to 26 units, with villas increasing from 117 to 130 units as shown in the table below. The proposal therefore represents a shift away from single-storey bungalow accommodation towards a greater proportion of villa-style dwellings.
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62 In terms of the affordable housing, the proposed redistribution of the affordable housing does not alter the approved bedroom mix, which remains at 19 two- bedroom units and 12 three-bedroom units, with no four-bedroom provision. The proposal therefore maintains the approved affordable housing composition, with no change in unit numbers or mix. 63 In terms of materials, an acceptable palette of materials is proposed. The applicant proposes finishes in a mix of buff/white render and split-face random/regularised block in a combination of buff/natural, anthracite roof tiles with white doors and window frames. Whilst differing from the materials approved within some earlier phases, the proposed finishes are established elsewhere within the wider development and will maintain a coherent overall design approach whilst helping to integrate the development into the local area. 64 The massing and scale of the revised house types can be accommodated within the plots without having an adverse impact on the amenity of each other. As a result of the site’s location at the edge of a settlement, it is considered that the proposed density is acceptable and is in line with the previously approved masterplan. 65 The proposed change of house types raises no adverse concerns. Whilst there is an increase of 2 units within Phase 3, the overall number of units remains the same as originally approved across the wider site. The general layout is broadly similar to that approved. 66 The revised designs will be in keeping with the remainder of the development and will not appear out of place. The external finishing materials are also consistent and will therefore complement the rest of the development. 67 Overall, this proposal is in line with the approved masterplan and S75 legal agreement. The general layout, house designs and materials proposed are acceptable and contribute positively to the quality of the surrounding built and natural environment in compliance with relevant NPF4 and LDP2 policies. Furthermore, the proposal will provide a mix of open-market housing and affordable housing within the overall site that complies with the above-named policies.
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Play Area 68 The approved play area remains located within the central area of the wider development between Phases 3 and 4 and is not proposed to be relocated. The play area was approved under planning permission 19/01130/AMM and was required by Condition 9 of that decision to be provided within six months of the occupation of the first dwelling. The play area has not been delivered and the development is therefore currently in breach of that condition. 69 The applicant has advised that delivery has been delayed because of the location of the play area and that construction of the Phase 3 road infrastructure is required before the play area can be installed. However, this position has been reviewed with the Council's Enforcement Monitoring Officer, who has advised that there is no apparent physical or practical reason why the approved play area could not be accessed and constructed from the southern part of the site in advance of the Phase 3 road infrastructure being completed. Accordingly, it has not been demonstrated that delivery of the play area is dependent upon completion of the Phase 3 road network. 70 Given that the play area should already have been provided in accordance with the requirements of planning permission 19/01130/AMM, it is considered appropriate that a revised condition be imposed requiring its provision within a specified period should permission be granted. This would ensure that the approved play facilities are delivered at the earliest opportunity and that existing residents of the development benefit from the recreational infrastructure originally envisaged as part of the approved masterplan. The submitted phasing strategy in respect to the play area is therefore not accepted insofar as it relates to the timing of delivery of the children's play area. A revised phasing strategy shall be submitted to reflect the updated delivery programme for the play area and associated infrastructure. These matters can be controlled by conditions 2 and 7. 71 It is considered that the location of proposed open space and landscape buffers is acceptable. The proposal, therefore, complies with NPF4 Policy 21: Play, Recreation and Sport and LDP2 Policy 14: Open Space Retention and Provision. Landscape and Visual Amenity 72 In terms of visual amenity, the wider residential development has already established the character and appearance of this part of the site. The proposed substitution of house types within Phases 3 and 4 would not result in a materially different visual impact from that previously approved and would remain consistent with the degree of change envisaged through the allocation of the site for residential development and the permissions granted under 17/00018/IPM and 19/01130/AMM. 73 The landscape plans for the wider site, as approved under permission 19/01130/AMM, sets out how the areas of landscaping will be managed and incorporated into the wider site. The proposed change of house types will not
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have a significant impact upon the approved landscaping. There will be minor changes to the landscaping as a result of the change of house types, however, this has been addressed in the submitted landscaping drawings (drawing numbers 28, 29, 30 and 31). To ensure satisfactory implementation of the landscaping and subsequent maintenance, a landscaping and planting condition will be applied. 74 The revised scheme will integrate well within the landscape and wider development and will not cause any unacceptable visual impacts. As such the proposal meets the objectives of Policies 4, 6 and 14 of NPF4 and LDP2 Policies 1, 39 and 40B with delivery of the landscaping being secured by condition as detailed above. Residential Amenity 75 Residential amenity requires to be considered under NPF4 Policy 14 and LDP2 Policies 1 and 17. Overlooking 76 The Council’s Placemaking Guidance generally seeks to ensure a minimum distance of 9 metres between windows and boundaries to mitigate overlooking. In this case, the proposed layout maintains compliance with this guidance, with each dwelling benefiting from rear gardens of at least 9 metres in depth and achieving separation distances in excess of the 18 metres window-to-window standard. The proposed changes of house types do not result in any additional or materially different overlooking impacts compared to the previous, approved scheme. Overshadowing, loss of sunlight and daylight 77 The Building Research Establishment (BRE) document Site Layout Planning for Daylight and Sunlight – A Guide to Good Practice (1991) provides guidance on assessing impacts on daylight and sunlight. While not mandatory, it is a material consideration in the assessment of residential amenity. 78 Having regard to the BRE guidance, the separation distances between dwellings, site layout and levels, it is considered that an acceptable level of daylight and sunlight will be maintained for all properties. The proposed amendments do not materially alter the relationship between plots and therefore do not give rise to additional overshadowing or loss of light compared to the approved scheme. Conclusion 79 Overall, the proposal is not considered to result in adverse impacts on residential amenity and is consistent with the requirements of NPF4 Policy 14: Design, Quality and Place and LDP2 Policy 1: Placemaking and associated Placemaking Guidance (2020) and LDP2 Policy 17: Residential Areas.
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Roads and Access 80 The concerns raised within the letter of representation regarding access arrangements, road safety and traffic generation are noted. The proposed road layout and access strategy have been subject to consultation with Transportation & Development, who has not objected to the proposal. The single point access has not been revised from the original planning permission (19/01130/AMM). No changes are proposed in respect of the road layout, visibility splays, parking provision or access arrangements. 81 Matters relating to traffic management, road calming and the detailed design of roads, including potential traffic calming measures, are addressed through the Roads Construction Consent process. The provision of electric vehicle charging infrastructure is considered under current building standards and relevant policy requirements; however, its absence at this stage does not in itself warrant refusal. Overall, the proposal to change some house types, layout and phasing is not considered to give rise to unacceptable impacts in terms of road safety or network capacity. 82 Overall, the proposal complies NPF4 Policy 13: Sustainable Transport and LDP2 Policy 60: Transport Standards and Accessibility Requirements. Drainage and Flooding 83 Perth and Kinross Council’s Flooding and Structures Team has raised no objection to the proposal. The proposed change of house types is not considered to result in any additional or materially different impacts on drainage or flood risk compared to the previously approved scheme. 84 The proposal does not alter the drainage network layout or impact flood risk for the wider development. The drainage condition attached to planning permission 19/01130/AMM will be re-applied, ensuring the continued implementation and maintenance of the approved drainage infrastructure, 85 Subject to re-imposition of this condition, the proposal is considered to accord with NPF4 Policy 22: Flood Risk and Water Management and LDP2 Policy 52: New Development and Flooding and Policy 53: Water Environment and Drainage. Waste Collection 86 The proposed dwellings will be served by the Council’s standard four-bin waste collection system. An informative note regarding waste storage and collection arrangements will be attached to the permission. 87 Provision for a recycling facility has been secured under Condition 17 of planning permission 19/01130/AMM (Drawing Nos. 19/01130/170 and 19/01130/06). The
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approved recycling centre is located in the same position as previously approved, albeit outwith the red line boundary of the current application. 88 The ongoing provision and maintenance of the recycling facilities are secured through conditions attached to earlier permissions, and no further provision is required as part of this application. It is worth noting that should provision not be made in accordance with the earlier condition, action could be taken through enforcement powers. Conservation Considerations 89 The proposed change of house types is not considered to result in any additional or materially different impacts on built heritage or the historic environment compared to the previously approved development. The proposal does not alter the overall layout, site coverage or relationship with any heritage assets, and therefore does not affect their setting or character. The proposal is therefore in accordance with NPF4 Policy 7: Historic Assets and Places and LDP2 Policies 27A: Listed Buildings and 28A: Conservation Areas. Natural Heritage and Biodiversity 90 The proposed change of house types, layout and phasing is not considered to result in any additional or materially different impacts on natural heritage or biodiversity compared to the previously approved development. The proposal does not alter the overall site layout, extent of development, or established green infrastructure framework. 91 The development is therefore consistent with the objectives of NPF4 Policy 3: Biodiversity, which seeks to protect and enhance biodiversity, and LDP2 Policy 41: Biodiversity, which requires development to safeguard ecological interests and deliver positive effects where possible. 92 The Council’s Biodiversity Officer requested that an Ecological Impact Assessment (EcIA) and Biodiversity Enhancement Plan be submitted. However, as this is an AMSC application relating solely to changes in house types and phasing, it is not considered an appropriate stage in the planning process to require new ecological assessments. Informal discussions have taken place with the Biodiversity Officer and agreement has been reached that the natural heritage and biodiversity conditions attached to planning permission 19/01130/AMM will be re-applied to the current permission. This will ensure the continued delivery of the mitigation and enhancement measures secured as part of the wider development. Subject to these conditions, the proposal is not considered likely to give rise to adverse effects on biodiversity and is therefore compliant with the above policies.
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Low and Zero Carbon Generating Technologies 93 LDP2 Policy 32: Embedding Low and Zero Carbon Generating Technology in New Development states that proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. As this proposal includes the erection of new buildings, consideration must be given to this requirement. Further, NPF4 Policy 2: Climate Mitigation and Adaptation requires that development should be designed to reduce green gas emissions. 94 Solar panels were originally proposed; however, these have subsequently been replaced with air source heat pumps. The submitted information does not confirm whether the revised proposal achieves the required 10% reduction in carbon emissions / 10% contribution from low and zero carbon generating technologies, and further clarification is therefore required. 95 Accordingly, a condition will be attached requiring the submission and approval of details of low and zero-carbon generating technologies, together with a supporting carbon emissions statement, to ensure compliance with the above policies. Developer Contributions 96 The Council’s Development Contributions Officer was consulted as part of this application and confirmed that no further contributions are required as the overall number of units on the site will not be increasing. An informative (informative 6) will be added to the permission highlighting that the existing Section 75 associated with permission 17/00088/IPM remains applicable. Economic Impact 97 The development of 110 dwellinghouses and 4 flats will provide jobs directly and indirectly during construction and afterwards, have a positive impact through homeowners spending on local goods and services in the local economy in particular and further afield. Both will have a positive impact on the local area. Other Matters 98 It is good practice when determining a Section 42 application to review and update conditions to ensure they reflect current regulations, policy requirements and best practice. Equally, any conditions that remain outstanding or require ongoing compliance should be retained, with appropriate reference made to details or specifications approved through the discharge of conditions process under the existing AMSC permission. Accordingly, a number of conditions, as set out in the recommendation section below, have been updated to reflect current requirements, whilst previous Section 42 approvals have been incorporated to
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ensure that all relevant modifications are carried forward and recognised as part of this permission. Pre-Commencement Conditions and Notice of Initiation 99 Prior to the commencement of development associated with this planning permission, all pre-commencement conditions must be agreed in writing with the Planning Authority. In addition, a Notice of Initiation must be submitted, advising of the intended start date for the approved development. This is to ensure that all necessary requirements are in place before works commence and to provide clear communication regarding the commencement of development. 100 For the purposes of Section 27 of the Town and Country Planning (Scotland) Act 1997, as amended, development is deemed to have lawfully commenced only when any material operation forming part of the approved development is carried out. As such, commencement can only be established where the works undertaken clearly fall within the statutory definition of material operations and are consistent with the approved development plans and conditions. Legal Agreements 101 The site falls under the wider PPP approval 17/00088/IPM which has an associated Section 75 Legal Agreement which secures the necessary Developer Contributions including Affordable Housing. A minute of variation was undertaken through permission 23/00674/FLL as the agreement did not have a “future proofing” clause to accommodate for subsequent changes to the development. This has now been addressed through that minute of variation. No further action is therefore necessary for this proposal. Direction By Scottish Ministers 102 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application. Conclusion and Reasons for Recommendation 103 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for approval subject to the following conditions.
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Recommendation Approve subject to the following conditions: Conditions and Reasons for Recommendation 1. The development hereby approved shall be commenced no later than 24 August 2032. Reason - In order to meet the terms of the direction set out in planning permission in principle 17/00088/IPM. 2. No development shall commence until a detailed phasing strategy (supported by appropriate plans) is submitted to and approved in writing by the Council as Planning Authority. The phasing strategy shall include the following details: i. the timing and number of dwellings to be developed within each phase; ii. the timing and delivery of infrastructure, including paths, open space and landscape specification; iii. the timing and location of any temporary construction compounds and associated site facilities; and iv. the programme for the implementation of landscaping and open space provision. Thereafter, the development shall be carried out in accordance with the approved Phasing Strategy. The landscaping and planting associated with each phase shall be undertaken concurrently with the construction of that phase and completed prior to the occupation of the final dwelling within that phase. Any proposed amendment to the approved Phasing Strategy shall be submitted to and approved in writing by the Council as Planning Authority prior to implementation, and the development shall thereafter proceed in accordance with the revised approved Phasing Strategy. Reason - In order to ensure the satisfactory implementation and completion of the development. 3. Prior to the development hereby approved being completed or brought into use, all matters regarding access, car parking, in-curtilage electric car charging, road layout, design and specification, including the disposal of surface water, shall be in accordance with the standards required by the Council as Roads Authority. Reason - In the interest of vehicle and pedestrian safety and in accordance with the policies of the adopted Perth and Kinross Local Development Plan 2 (2019). 4. Notwithstanding the Construction Traffic Management Scheme approved pursuant to Condition 4 of planning permission 19/01130/AMM, an updated Construction Traffic Management Scheme (CTMS) shall be submitted to and approved in writing by the Council as Planning Authority within one month of the
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date of this permission. The updated CTMS shall reflect current site conditions and construction arrangements and shall make provision for all remaining and future phases of the development. Thereafter, the approved CTMS shall be implemented in full and adhered to at all times unless otherwise agreed in advance and in writing by the Council as Planning Authority. The CTMS shall remain a live document and shall be updated as necessary throughout the construction period to reflect the ongoing requirements of the development, subject to the written approval of the Council as Planning Authority. Reason - In the interests of road safety. 5. No part of the development shall be occupied until an updated Travel Plan, aimed to encourage more sustainable means of travel, has been submitted to and approved in writing by the Council. The Travel Plan will have regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided (including the provision of new and/or enhanced public transport services), the system of management, monitoring, review, reporting and the duration of the Plan. Reason - In the interests of sustainable transport. 6. The detailed landscaping and planting scheme hereby approved shall be completed within the first available planting season (October to March) after the completion or bringing into use of the relevant phase of the development, whichever is the earlier. The approved scheme shall thereafter be maintained with any planting which fails to become established within five years being replaced in the following planting season with others of a size and species as previously approved. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 7. Within 6 months of the date of this permission the children's play area approved under planning permission 19/01130/AMM and shown on drawing 19/01130/131 and drawing 33 (Masterplan 1342-002-MP rev ZZG) shall be made available for public use. Thereafter, the play area and all associated facilities and equipment shall be retained and maintained for the life of the development. Reason - To secure the prompt delivery of the approved children's play area in the interests of residential amenity and to ensure the satisfactory provision and implementation of a children's play area. Prior to the commencement of development hereby approved, a scheme shall be submitted to, and approved in writing by, the Council as Planning Authority that demonstrates how at least 10% of the current carbon emissions reduction set by the Scottish Buildings Standards will be met through the installation and operation of low and zero-carbon technologies. This scheme shall detail for each building:
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a) the technology types; b) illustrate, through technical calculations, that these will meet at least the 10% reduction; c) their siting and location; and d) ongoing operation and maintenance. Once approved, the development shall be completed in accordance with the approved scheme and no individual unit shall be occupied until the scheme has been installed and operating. Reason - To embed low and zero-carbon technologies within the development in the interest of environmental sustainability. 9. Within one month of the date of this permission, notwithstanding the Construction Environmental Management Plan (CEMP) approved pursuant to Condition 10 of planning permission 19/01130/AMM, an updated CEMP shall be submitted to and approved in writing by the Council as Planning Authority. Until such time as the updated CEMP is approved, the previously approved CEMP shall remain in force and be complied with. The CEMP shall be maintained as a live document and reviewed and updated as necessary to reflect the ongoing requirements of the development. Any amendments to the CEMP shall be submitted to the Council as Planning Authority for approval. Reason - In the interests of protecting environmental quality and of biodiversity. 10. The conclusions and recommended action points set out within the Biodiversity Survey, and in particular Section 2.15 of the Biodiversity Management Plan prepared by IMT Ecological Consultancy (June 2019), approved under planning permission 19/01130/AMM (document numbers 19/01130/95 and 19/01130/100), shall be fully adhered to, respected and undertaken as part of the construction phase of development insofar as they relate to this development site. Reason - In the interests of protecting environmental quality and of biodiversity. 11. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day. Reason - In order to prevent animals from being trapped within any open excavations. 12. The details submitted and agreed as part of condition 13 of planning permission 19/01130/AMM (drawing number 19/01130/197) together with the proposed masterplan, as approved in 26/00245/AMM (drawing number 33), shall be
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implemented in accordance with the agreed detail and installed prior to the occupation of the relevant residential unit, insofar as they relate to this development site. A minimum of 25% of all completed two storey houses shall incorporate one bat brick and one swift brick each and shall be incorporated at eaves height and positioned appropriately. Reason - In the interests of protecting environmental quality and of biodiversity. 13. No removal of hedgerows, trees or shrubs that may be used by breeding birds shall take place between 1 March and 31 August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the Planning Authority. Reason - To ensure adequate protection for the trees on the site during the construction, in the interests of the visual amenity of the area. 14. All existing trees and hedgerows shown to be retained shall be protected by suitable fencing in accordance with BS5837:2012 (Trees in Relation to Construction). No materials, supplies, plant, machinery, soil heaps, changes in ground levels or construction activities shall be permitted within the protected areas without the written agreement of the Council as Planning Authority. Reason - To ensure adequate protection for the trees on the site during the construction, in the interests of the visual amenity of the area. 15. All road gullies within 500m of a waterbody or Sustainable Urban Drainage System (SUDs) pond shall have wildlife kerbs installed adjacent to the gully. Reason - In the interests of protecting environmental quality and of biodiversity. 16. The details submitted and agreed as part of condition 21 of planning permission 19/01130/AMM (drawing numbers 19/01130/136 and 19/01130/196) with regards to district heating shall be implemented in accordance with the agreed details, insofar as they relate to this development site. Reason - To allow district heating to be incorporated within the site at a future date. 17. The asserted core path (STAN/117) must not be obstructed during building works or on completion of the development. Any damage done to the route and/or the associated signage during building works must be made good before the development is completed or brought into use, whichever is the earlier. Reason - To ensure that public access is maintained at all reasonable times, to the local path network.
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18. Concurrent with the initiation of the development hereby approved and for the duration of construction, a temporary surface water treatment facility shall be implemented on site and maintained for the duration of the approved development works. The temporary surface water treatment facility shall remain in place until the permanent surface water drainage scheme is implemented. Reason - In the interests of best practice surface water management; to avoid undue risks to public safety and flood risk. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the planning authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 4. The applicant should be advised that in terms of Section 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority consent to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency.
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5. The applicant should be advised that all proposed structures supporting the road, or which the developer is intending the Council adopt, will require technical approval in accordance with the Design Manual for Roads & Bridges standard BD 2/12 (& HD 22/08 where relevant). Bridges and culverts shall also be designed in accordance with the requirements contained within Perth & Kinross Council's Developers Guidance Note on Flooding & Drainage. The developer is advised to contact Perth & Kinross Council's Structures & Flooding Team (tel 01738 475000, email structuresplanning@pkc.gov.uk) for further information and prior to commencing designs in order to ensure technical compliance. 6. The applicant is reminded that this site is still subject to a Section 75 Legal Agreement, securing Developer Contribution requirements and other matters, as secured as part of planning permission 17/00088/IPM. This permission continues to be tied by this legal agreement and the associated requirements will continue to apply. 7. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are severe for non-compliance. 8. 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. 9. Hedgehogs are a key species in the Tayside LBAP and enhancing connectivity is an objective. Gardens will provide suitable habitat for hedgehogs and commuting should be made possible by creating access gaps in wooden fences 13cm x 13cm at ground level. 10. The applicant is recommended to discuss with the Council's Public Transport Unit the supply of bus services and public transport infrastructure to ensure an adequate public transport provision for the site. 11. The applicant is advised that the granting of planning permission does not guarantee a connection to Scottish Water's assets. The applicant must make a separate application to Scottish Water Planning & Development Services team for permission to connect to the public wastewater system and/or water network and all their requirements must be fully adhered to. 12. Construction work should minimise the impact on amenity to neighbouring residents, which could be achieved by limiting noise generating activities to Monday to Friday 07:00 to 19:00 and Saturday 08:00 to 13:00 with no noisy works out with these times or at any time on Sundays or Bank Holidays.
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13. The stopping up or diversion of the Core Path STAN/117 is subject to agreement under Section 208 of the Town and Country Planning (Scotland) Act 1997 (as amended). All relevant approvals in this regard should be in place prior to any stopping up or diversions taking place. 14. Construction works must be undertaken in a safe manner which does not disturb the operation of the neighbouring railway. Applicants must be aware of any embankments and supporting structures which are in close proximity to their development. 15. Details of all changes in ground levels, laying of foundations, and operation of mechanical plant in proximity to the rail line must be submitted to Network Rail's Asset Protection Engineer for approval prior to works commencing on site. Where any works cannot be carried out in a "fail-safe" manner, it will be necessary to restrict those works to periods when the railway is closed to rail traffic i.e. by a "possession" which must be booked via Network Rail's Asset Protection Engineer and are subject to a minimum prior notice period for booking of 20 weeks. The developer must contact our Asset Protection Engineers regarding the above matters, see contact details below: Network Rail Asset Protection Engineer 151 St. Vincent Street, GLASGOW, G2 5NW Tel: 0141 555 4352 E-mail: AssetProtectionScotland@networkrail.co.uk 16. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 17. 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, as amended. The form of the notice is set out in
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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. 18. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow for the collection of waste. 19. Application for a new postal address should be made via the Street Naming and Numbering page on the Perth & Kinross Council website at www.pkc.gov.uk/snn. Please note there is a charge for this service and submission cannot be made until the relevant Building Warrant has been approved. 20. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests Background Papers Letters of representation 1 Authors Name Designation Contact Details Gillian Peebles Planning Officer 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Christine McLaren Team Leader 29/09/2026