24/01630/Fll
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. 26/283) Proposal: Erection of 27 dwellinghouses, formation of SUDS and associated works (Phase 1) Location: Land west of Lintibert Farm, Muthill, Crieff, PH5 2BP Ref. No: 24/01630/FLL Ward No: P7 - Strathallan Summary This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. Background and Description of Proposal 1 The proposal is for the erection of 27 dwellinghouses, access, open space and SUDS on land west of Lintibert Farm, Muthill. The site is within the settlement boundary and adjoins but lies outwith the conservation area which is to the west. The site comprises of farm land and is bound by residential development to the north/west/south. The Lintibert farm building group and farm land lies to the east. 2 The site has a generally level topography, albeit with slight falls from the west and south towards the north where a new access is proposed at the northern boundary from Station Road. 3 The development proposes 27 dwellings; eleven different house types offering a range of two to five bedroom houses with a mixture of detached and semi- detached properties. The houses have been designed as 1½ storey and full 2 storey. 4 The development will comprise of the following mix; • 2 bedroom - 2 affordable, 4 open market • 3 bedroom - 4 affordable, 8 open market
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• 4 bedroom - 1 affordable, 6 open market • 5 bedroom - 2 open market 5 The submission forms the first phase of a wider residential development for approximately 65 dwellinghouses on land extending southwards of the development site. Site History 6 21/01915/SCRN on 9 November 2021 for Residential Development for 76 dwellinghouses Pre-Application Consultation 7 Pre application Reference: 21/00536/PREAPP 8 The proposed development is not classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was not required to undertake not any formal pre-application consultation with the local community. 9 Notwithstanding, the applicant exhibited the proposals locally inviting feedback prior to submission which is to be commended. Development Plan 10 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 11 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve people’s lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 12 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place
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• 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 22: Flood Risk and Water Management Perth and Kinross Local Development Plan 2019 13 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 14 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 1D: Placemaking • Policy 2: Design Statements • 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 25: Housing Mix • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • 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 53E: Water Environment and Drainage: Water Supply • Policy 58A: Contaminated and Unstable Land: Contaminated Land • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023)
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• Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) • Supplementary Guidance - Placemaking (adopted in 2020) PKC Non Statutory Guidance • Planning Guidance - Delivery of Development Sites • Planning Guidance - Planning & Biodiversity • Conservation areas • Supplementary Guidance - Renewable & Low Carbon Energy (draft) National Guidance 15 The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 16 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements • PAN 69 Planning and Building standards Advice on Flooding • PAN 75 Planning for Transport • PAN 77 Designing Safer Places Creating Places 2013 17 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 18 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.
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National Roads Development Guide 2014 19 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. Local Place Plans 20 Local Place Plans (LPP) are community-led plans setting out proposals for the development and use of land and set out a community’s aspirations for its future development. There is no existing LPP which affect this proposal. Consultations 21 As part of the planning application process the following bodies were consulted: External 22 Scottish Water - No objection on the proposal in terms of public capacity 23 Scottish Environment Protection Agency - No objection to proposal. Consulted again by the Flood Team and no comments made on proposal. 24 Perth and Kinross Heritage Trust - No objection to proposal, conditions recommended. 25 Muthill Community Council - The Community Council raise the following issues in relation to the proposal; Adverse effect on visual amenity, contrary to development plan policy, excessive height, flooding risk, out of character with the area, noise from farming, impact on conservation area and traffic congestion. Impact on school capacity and shops, bus services. Not enough encouragement of biodiversity. These issues are addressed in the appraisal section. Other issues raised are as following but are not further considered as explained. - They note that the proposal does not comply with the housing in the countryside guidance however this is specific to sites which do not lie within settlement boundaries. - Sewage /power/water/internet connections these would all be subject to further applications for connections to the relevant party (Scottish Water have however not objected). - Full EIA should have been required, this development does not trigger the requirements for EIA. Internal 26 Structures and Flooding - No objection to the proposal after considerable exchange of information with the applicants flooding consultant. 27 Affordable Housing Enabler/Development Contributions Officer - Onsite affordable housing provided and contribution requirements outlined.
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28 Community Waste Advisor - Environment Service - No objection, requirements for waste collection and bins outlined. 29 Transportation and Development - No objection, conditions required. 30 Community Greenspace - No objection to proposal and areas shown for adoption. 31 Biodiversity - No objection, conditions required to cover trees, biodiversity etc 32 Environmental Health (Contaminated Land) - No objection, no conditions required 33 Environmental Health (Noise Odour) - Considered odour and noise, no objection to proposal and no conditions recommended. Representations 34 14 representations were received. The main issues raised within the representations are: • Impact on mature trees • Flooding • Traffic congestion • Road safety concerns • Invasive plants in culvert • Adverse effect on visual amenity • Over looking • SUDs should make a positive contribution • Contrary to development plan policy • Excessive height • Out of character with the area • Impact on protected species • Provide dedicated parking for the church in site • Village should be future proofed from flooding 35 These issues are addressed in the Appraisal section of the report. Additional Statements 25 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report not required Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal AA not required Design Statement or Design and Access Statement submitted Report on Impact or Potential Impact eg Flood Risk Assessment Submitted – Flood Risk Assessment, Protected Species Survey,
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Appraisal 36 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. 37 In this instance, section 14(2) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such an application as this to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Section 64(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 is relevant and requires planning authorities to pay special attention to the desirability of preserving or enhancing the character or appearance of the designated conservation area. Principle 38 The site is located within the settlement boundary of Muthill and is not an allocated housing site. The site has had in principle permission historically for residential development granted in 2007, but has since expired. 39 In terms of the principle of development Policy 17 Residential Areas of LDP2 applies as the site is not zoned. In terms of NPF4 Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings, Policy 15: Local Living and 20 minute neighbourhoods and Policy 16: Quality Homes are applicable. 40 Policy 17 ensures that all new developments within settlement are compatible with existing uses and do not adversely impact on residential amenity. 41 In terms of NPF4, Policy 9 Brownfield, vacant and derelict land and empty buildings seeks to encourage, promote and facilitate the reuse of brownfield and vacant land, and Policy 16 (Quality Homes) looks to deliver quality and affordable homes across the country. 42 NPF4 Policy 15 is also applicable as it requires that development proposals contribute to local living where the majority of people can meet their daily needs within reasonable distance of their home. The proposed development is located within the settlement and is easily accessible by sustainable modes of transport including public transport, walking, wheeling and cycling networks. The development of the site would provide private homes in a location which is served by local shops, schools, parks and open space within easy walking and wheeling distance.
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43 The site is not zoned for housing but is included within the settlement boundary. The principle of residential development is therefore acceptable given its undeveloped vacant status and location within the settlement. It is important to ensure that the development potential of the site is fully realised due to its siting in relation to existing infrastructure within a well serviced and accessible village. 44 The general principle of residential development on this site is therefore acceptable and the proposal and is considered to accord with Policy 17 of the LDP2 and 9, 15 and 16 of NPF4. Design and Layout 45 The site is within the settlement boundary but not zoned for housing. As it is not a zoned site there is no developer brief and no recommended dwelling number range. The site area is 1.99ha and is proposed for 27 dwellings. The SUDS basin is 3000sq metres and the site provides various areas of landscaping and open space providing a low-density scheme with 1 house per 625sqm. The proposal is therefore not an overdevelopment of the site. 46 The proposal is for 27 dwellings with eleven different house types offering a range of two to five bedroom houses. There will be a mixture of detached and semi-detached properties. The mix of house types allows for varying demands for rural housing with the aim to provide homes for different budgets. 47 The houses have been designed as 'room in the roof', 1½ storey and full 2 storey to reflect the quality and character of the existing village. The variety of ridge and eaves heights along with the mix of detached, semi-detached and terraced houses helps to create varied and characterful streetscapes reflecting the surrounding townscape. The house designs are largely traditional in style with some contemporary additions such as large openings to garden areas etc. 48 All materials are proposed to be in-keeping with the surrounding setting; natural stone, natural slate, timber cladding and render of which all colours can be agreed in detail by condition. (Condition 2) 49 The plot layout and amenity space are contained with the defined boundaries created. The landscaping proposal and layout include pathway and linkages with areas of formal and informal planting 50 NPF policy 16 supports development proposals that improve affordability and choice including a range of size of homes whilst LDP2 Policy 25: Housing Mix specifies for all proposals on sites with a total capacity of 20 or more homes, at least 10% of their homes should be one or two bedroom homes. The proposal is in compliance with these policies. 51 The site has been well laid out and designed, providing good connectivity, both within the development and with the surrounding area, including providing access to existing paths. The Design & Access Statement has provided a sound
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justification for the design and layout of the site, considering a range of key design parameters such as the mixture of house types helps to achieve a variety and create character for the development in this rural location, connectivity, use of landscaping and external finishes, etc. The site also incorporates a range of units, with the affordable housing units integrated well within the site. The site also mixes the size range of properties across the development. Overall, 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. Residential Amenity 52 Residential amenity requires to be considered under NPF4 Policy 14 and LDP2 Policies 1 and17. 53 The development is adequately spaced and separated from the existing dwellings which lie to the north and west. The proposed development due to landscaping and physical features does not adjoin any existing property boundaries. Therefore the positioning and orientation of the dwellings will not detrimentally impact existing residential amenity in terms of overlooking or overshadowing. 54 The proposed plots all meet the standards set out within the placemaking supplementary guidance in relation to garden ground and window to boundary distances. 55 The applicant has submitted an Odour Assessment to assess odour emissions from the farm and the effects on amenity for the future residents of the proposed development. 56 In terms of odour a two-stage assessment was undertaken to determine baseline conditions at the site which included three field odour surveys and an odour risk assessment. The Risk Assessment was to determine the overall likelihood of exposure (impact) and the effect on the future receptors. The odour exposure was determined negligible at all monitoring locations and the impacts relate to all odours detected which included odours associated with the farm. As such, potential impacts at the development because of emissions from Lintibert Farm are not significant, in accordance with the stated methodology. The assessment concluded that based on the results of the staged assessment, overall odour effects on the site are not significant in accordance with stated guidance. Therefore, odour emissions from the identified sources are not considered to represent a constraint to planning consent for the proposal. 57 The applicant has submitted a Noise Impact Assessment (NIA) in support of this planning application. The assessment was undertaken to establish the impact of the prevailing noise climate on the future residents of the proposed development.
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58 A baseline noise survey was undertaken at the proposed development site along term noise measurement was conducted from 5 February to 12 February 2024. It was noted at the time of installation the acoustic environment was dominated by road traffic noise from Station Road and Willoughby Street (A822). The future residential amenity of the proposed development will not be adversely affected by noise from the surrounding noise sources such as road traffic noise and agricultural activities. 59 The proposal satisfies NPF4 and LDP2 polices in relation to residential amenity and noise pollution. Roads and Access 60 NPF4 Policy 13: Sustainable Transport seeks to encourage developments that prioritise sustainable travel while LDP2 Policy 60 Transport Standards and Accessibility Requirements requires consideration of transport and accessibility. A supporting Transport Statement (TS) has been assessed by the Council’s Transport Planning team. 61 The site is to be accessed from Station Road. The application site forms part of a larger area of land and this proposal will form phase 1 with a second phase proposed to connect south to the A822 (Willoughby St). The proposed vehicle access from Station Road and the internal road layout will be subject to road construction consent (RCC). 62 The initial submission included a chicane between Station Road and the school. Through internal investigation with transport and roads colleagues it was confirmed that this was not at the request of the council or raised by locals in liaison with the area roads team. It has argued in representations that Muthill is at the heart of an agricultural community, with tractors and trailers and some lorries using Station Road. Seasonally, combines and potato harvesters use this road and for them, the full width of the existing carriageway is essential. To stop these vehicles unnecessarily near this corner would certainly lead to congestion and create an accident risk on a road which has been recorded as accident free. It has been agreed that this element of the proposal be removed but as the chicane is also included within the TS a condition will be added to clarify it is not agreed. (Condition 5) 63 The main vehicular access will be a priority junction with Station Road. Incorporating a raised table at the junction will assist with pedestrian crossing opportunities and also control speeds through this section of road. The access has been designed to accord with relevant standards and appropriate visibility has been demonstrated as achievable. The details will need to be fully agreed prior to commencement with the junction and visibility splays to be completed prior to the construction of the dwellings commencing. It will be the case that most of the works will be agreed through the Road Construction Consent (RCC) but details will also be agreed by condition. (Condition 5 and 6)
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64 The development will extend and integrate into the existing path network. Pedestrian and cycle access is proposed via connections to the existing footway on Station Road and to the wider network. 65 Refuse will be collected by Perth and Kinross Council. A swept path tracking drawing has been provided to demonstrate that a 12.0m waste lorry can turn within the site, addressing the noted overrun of the kerb. 66 An approved street lighting design is required for any PKC adoptable areas. The design may require relocation of lighting column K3016 and the existing underground cable will need lowered to a depth of 850mm across the extents of the proposed access from Station Road and access chambers installed at either side. This will obtain technical approval through the RCC. Clarification is required regarding lighting of private parking courts and this will be conditioned. (Condition 9) 67 The development is expected to generate up to 23 vehicle movements in the AM peak hour (0800 to 0900) and 17 vehicle movements in the PM peak hour (1700- 1800). The number of parking spaces provided should be in line with the National Roads Development Guide which specifies a minimum of two bays for 2- or 3-bedroom dwellinghouses and a minimum of 3 bays for 4+ bedroom dwellinghouses. As such, a total number of 63 in curtilage parking spaces is proposed for residents of the 27 units (18 no 2/3 beds, 9 no 4 beds) along with 9 visitor spaces. The transport statement does not specify how the provision of EV charging infrastructure will be provided, particularly in the private parking courts, in line with Building Standards. A suitable informative is thus recommended (Informative 9). 68 There have been recent discussions regarding issues around shared surfaces and parking. Whilst shared surfaces are intended to reduce speeds etc in practice it has been found that priority is still given to vehicles. It is therefore considered that on the road shared by properties 2 - 13 a footpath should be provided and it is considered that one could be facilitated. A condition will be added to require the agreement of a plan for the footpath also within this condition the turning area in relation to two spaces will be required. (Condition 8) 69 Construction Traffic Management Plan (CTMP) will be required to ensure that the impacts of construction traffic are managed. A suitable planning condition is recommended. (Condition 10) 70 Pedestrian links to public transport (bus stops) are provided by using traditional rights of way through vennels etc, linking to the existing lane to the rear of the house on Willoughby Street and the main entrance to the site onto Station Road. A 'green' path around the edge of the site to the west and north links it to the existing network of paths in the village and to existing Rights of Way. 71 The proposal meets the NPF4 Policy 13: Sustainable Transport and LDP2 Policy 60: Transport Standards and Accessibility Requirements.
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Drainage and Flooding 72 This proposed development was previously flagged with concerns regarding potential flooding of neighbouring properties, extent of supplied flood mapping, upstream and downstream flooding implications of the development, possible land raising within the floodplain. 73 The developer has provided more extensive flood mapping to rule out any additional increased risk to neighbours as well as ruling out increased upstream and downstream flood risks. 74 Concerns regarding land raising and mismanagement of the watercourse have been passed to SEPA for review and have not been flagged by them as grounds for refusal. 75 The deed and servitude plan aligns with expectations regarding maintenance of assets, specifically the blue green corridor. 76 Finally, the Drainage Impact Assessment (DIA) covers all events up to and including 200yr + CC + 10% UC and the drainage system does not show evidence of flooded volume during any of the modelled events. Furthermore, the DIA includes a masterplan to show how the Phase 2 development will be incorporated into the wider drainage network. 77 Overall, the proposal is compliant with NPF4 Policy 22 and LDP2 Policy 52 and 53. Waste Collection 78 The Council’s Community Waste Advisers have been consulted and have provided information on what provision should be made for waste and recycling and access requirements for refuse vehicles. The dwellings will receive the 4-bin system. An informative note is recommended regarding waste collection and will be attached to the permission. In terms of vehicular access and turning requirements, this has been reviewed Transportation and Development colleagues and a condition relates. (Informative 12)/ Landscape 79 In terms of the impact on visual amenity of the area, a residential development will inevitably change the visual appearance of the area. However, the application site has been included within the settlement boundary and therefore this degree of change was envisaged in the site allocation. 80 The site is bound to the most part by the existing built development (to the west/northwest/south). The SUDs are sited to the northeast and will be landscaped. The site also features a number of paths and open spaces.
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81 The proposed landscape framework will ensure a robust, multi-functional landscape that provides an attractive range of opportunities for outdoor enjoyment and for biodiversity. The design and layout of the site, taken together with the proposed landscaping throughout, SUDS, path buffer is considered to be acceptable in landscape terms and will not cause any unacceptable visual impacts. 82 Community Greenspace have provided comments related primarily to the design, layout and maintenance of public open space (POS). Comments comply with the terms of the Local Development Plan Supplementary Guidance – Open Space Provision for New Developments Maintenance Options for Public Open Spaces in New Residential Developments Policy 2020. 83 POS, including play areas, should be well integrated with housing and should be easily accessible to both residents and the wider public. Parks would normally incorporate play, sports pitches, paths and possibly SUDS. SUDS should be well designed and integrated into POS to benefit both public amenity and biodiversity. Paths (core paths where existing) should be within green corridors and connect to larger areas of POS and to adjoining POS/paths. Trees must be given adequate space from private boundaries to avoid future issues with encroachment, shade etc on maturity, species selection for new planting should be largely native and be appropriate to the wider area and site. 84 An additional play area would not be required for this development, as the location is well-served by the nearby LEAP in Highlandman Park and the REAP at Coronation Park. 85 Landscape plans have been submitted to clearly show the location and extent of POS (using colour coding). This has been detailed in supplementary plans and Community Greenspace have agreed the plans. A Commuted Sum figure has been provided for the potential adoption of any greenspace. The details of the requirements are noted in the contributions section. 86 The proposal meets the objectives of Policies 4, 6 and 14 of NPF4 and LDP2 Policies 1, 39 and 40B. Conservation Considerations 87 The Muthill Conservation Area boundary bounds the site to the north, west, and south. The site is within the settlement boundary but not within the conservation area. The Muthill Conservation area is characterised by two planned developments west and south of the old core at the Old Parish Kirk. Willoughby Street has buildings dating from the 18th and 19th century reconstruction of the village. These are generally in terraced form, built in stone, of two storeys and occasionally one storey, lining the street and rising directly from the footway. Roofs are simple, slated double pitches usually without skews, with plain eaves and ridges parallel to the street, simple chimney stacks and few roof additions such as dormers visible to the front.
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88 Land to the rear of properties in Willoughby Street, particularly on the east side, also retain long back plots which appear to have expanded by forming allotments on former agricultural land during the later 19th century. 89 The development of the site will change the view from the north on one of the more minor roads into the village. The site layout has included a landscaped edge increasing the buffer between the rear of the existing properties on Willoughby Street and the site. The development is low density and has a higher quality design, layout and finish when compared to other larger housebuilder sites. Whilst it is accepted there will be an impact on the ‘rear’ view of Willoughby Street the development provides local housing within the village boundary at a scale and density which reduced the impact on this secondary view. 90 The proposed development site is potentially archaeologically sensitive as it includes development on a field formerly used as an apple orchard, where there were reported shuttered concrete floors of at least thirteen Nissen huts, the remains of a Second World War army base (MPK9928). An RAF vertical aerial photograph (541/A/396 frame no.4189, taken on 19 May 1948) shows the Nissen huts as roofed but by the 1980’s only two remained. 91 It has been confirmed by the applicant that there are no huts on the site as it has currently been in agricultural use for 40 years. As there are no upstanding remains on site, and it’s likely the concrete bases are also lost if land has been farmed, the development is probably not fit for standing building survey. It would be appropriate to have some record of this site prior to development, in the first instance this could comprise of a desk-based assessment and walkover survey to provide a record of any remains alongside any suggested further mitigation. 92 A condition is therefore required for a programme of archaeological works (Condition 4). Subject to condition, the proposal accords with Policy 7 Historic Assets and Places of NPF4 and LDP2 Policy 26B. Natural Heritage and Biodiversity 93 The submitted Ecological Appraisal and Tree Survey Report was undertaken at the correct time of year and is comprehensive. All recommendations must be adhered to in full. 94 The site is grassed with boundary trees/hedging present. The proposal show that 3 trees are to be removed to facilitate the development. Three mature trees which lie out with but adjacent to the site boundary have been raised as they are not specifically mentioned in the tree report. In this instance it is considered reasonable as the tree root protection areas may fail within the site for a condition to be added to make sure these trees are protected and that prior to the commencement of development. (Conditions 11 & 12) 95 The proposals are in accordance with the PKC Planning for Nature Guidance by providing 21 bird boxes including swift bricks, 2 amphibian refuges, hedgehog
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highways and native planting. A number of conditions are proposed in relation to the finding of the surveys and biodiversity protection/enhancements (Conditions 13 -16) 96 In relation to biodiversity and trees with the addition of conditions the proposed development, therefore, complies with Policy 41 of LDP2 and Policy 3 of NPF4. Low and Zero Carbon Generating Technologies 97 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 a new building, 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. In this instance, the applicant has not confirmed the proposed measures but has confirmed that they understand these will need to be agreed. A condition will be added to ensure the requirements are secured. The proposal therefore complies with the relevant policies (Condition 17). Developer Contributions Affordable Housing 98 Policy 20: Affordable Housing of LDP requires 25% of any residential proposal to contribute towards the Council's affordable housing targets, which gives rise to a requirement of 6.75 affordable homes. 99 In this location, the preferred option is for on-site provision of 7 units, as indicated in the Design Statement submitted by the applicant. Primary Education 100 The Council Developer Contributions Supplementary Guidance requires a financial contribution towards increased primary school capacity in areas where a primary school capacity constraint has been identified. A capacity constraint is defined as where a primary school is operating at over 80% and is likely to be operating following completion of the proposed development, extant planning permissions and Local Development Plan allocations, at or above 100% of total capacity. 101 This proposal is within the catchment of Muthill Primary School. Education & Children's Services have no capacity concerns in this catchment area at this time.
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Open Space 102 All Priority POS must be adopted by the Council with payment of the appropriate commuted sums (CS) at time of adoption and transfer of Priority POS title. Other areas of POS can either be adopted by the Council for the standardised CS/dwelling or can be maintained through applying a Development Management Scheme (private factoring). Subject to Council agreement. CS for 2024/25 (uplifted annually with RPI) Play LEAP £86,110.00 Play NEAP £107,795.00 POS £1,052.00 per dwelling CS for the adoption of any greenspace within the site = £28,404.00 103 A financial contribution of £10,470.98 towards the upkeep of nearby Highlandman Park play area National Housing Emergency 104 Across Scotland there is a national housing emergency, and this is one of the Scottish Government’s key areas for action and one which the planning system can contribute to addressing through both the Development Plan process (site allocations) and Development Management (determining applications). 105 NPF4 Policy 16 part f) relates to the delivery of unallocated sites in settlement boundaries which are otherwise consistent with the plan spatial strategy and other relevant policies including local living and 20 minute neighbourhoods. 106 The need for affordable homes does not automatically override all other planning assessments and considerations but it is nevertheless a significant consideration for this development. Economic Impact 107 The proposal could have a positive impact on the local economy, through the creation of jobs during construction, and also through local spending. There are concerns noted about a lack of services but it could be argued that an increase in dwellings within the village may attract new business and services etc. Variation of Application Under Section 32A 108 This application was not varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. Clarification and additional information has been submitted but it has not significantly altered the plans.
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Planning Obligations and Legal Agreements 109 A section 75 legal agreement is required to secure the affordable housing, contributions and the open space maintenance. Direction By Scottish Ministers 110 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. 111 Under the Town and Country Planning (Notification of Applications) (10 or more homes on non-allocated land) (Scotland) Direction 2025, as this proposal involves the development of the site for 10 or more homes on a site not specifically allocated for housing, it requires the local authority to notify Scottish Ministers of the decision on this application. This takes place regardless of the outcome of the application, and is used for evidence led monitoring by the Scottish Ministers as to how Policy 16 ‘Quality Homes’ of NPF4 is being applied. Conclusion and Reasons for Recommendation 112 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. Recommendation Approve the application subject to the following conditions: Conditions and Reasons for Recommendation 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. Prior to the commencement of the development hereby approved, details of the specification and colour of the proposed external finishing to be used shall be submitted to and agreed in writing by the Council as Planning Authority. The scheme as agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier.
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Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. 3. 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. These construction times shall be implemented throughout the construction stage of the development unless approval has been obtained in writing by the Council as Planning Authority for alterative arrangements. Reason - In order to ensure the construction phase is properly managed to avoid unnecessary impacts on existing residential amenity. 4. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) which has been submitted by the developer and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress. Reason - To ensure a programme of archaeological works is carried out to safeguard and record any archaeological remains within the development area. 5. The indicative raised table at the priority junction into the site and the proposed chicane formation is not approved. Prior to the commencement of development full details including the detailed design of the raised table and of all proposed traffic calming measures shall be submitted to and agreed in writing by the council as Planning Authority. The details as agreed shall be completed prior to the occupation of the first dwelling. Reason - In the interests of pedestrian and traffic safety and in the interests of free traffic flow. 6. The priority junction on Station Road and the associated junction visibility splays at the site access shall be delivered prior to any other development approved as part of this permission. Reason - in the interest of road safety.
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7. The asserted right of way/core path 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 continued public access to the public paths and in the interests of public safety within the site. 8. Prior to the commencement of development the site layout plan shall be submitted to show how the site can accommodate; a) a footway on the annotated shared surface cul-de-sac to serve plots 2 - 13 and b) a turning area provision for parking bay 20/1 and its adjacent visitor bay The details shall be submitted to and agreed in writing with the Council as Planning Authority in consultation with Transport Planning. The measures as agreed shall be completed prior to the occupation of the first dwelling. Reason - In the interests of pedestrian and traffic safety and in the interests of free traffic flow. 9. Prior to the commencement of development a lighting scheme for the private parking courts shall be submitted to and agreed in writing with the Council as Planning Authority in consultation with Transport Planning. The measures as agreed shall be completed prior to the occupation of the first dwelling. Reason - To ensure the parking courts are appropriately lit in the interest of public safety. 10. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Plan (CTMP) 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;
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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; m) monitoring, reporting and implementation arrangements; n) arrangements for dealing with non-compliance; and o) details of HGV movements (volumes, containment of load and vehicle types over the construction period) to and from the site. Reason - In the interests of pedestrian and traffic safety and in the interests of free traffic flow. 11. Prior to the commencement of any works on site, an Arboricultural Method Statement shall be submitted to and agreed in writing by the Council as Planning Authority. The method statement shall include all trees to be retained within the site and how the trees out with but adjacent to the site, in particular those whose root protection areas may lie within the boundaries of the new access junction to be formed onto Station Road are to be protected. Thereafter, the agreed scheme shall be implemented in full accordance during the construction phase. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 12. Prior to the commencement of any works on site, 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. Protection measures, once in place, shall remain in place for the duration of construction. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 13. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document(s) 64) shall be fully adhered to, respected and undertaken as part of the construction phase of development, to the satisfaction of the Council as Planning Authority. All recommended biodiversity enhancement measures in section 5 of the supporting biodiversity survey submitted and hereby approved shall be provided. Thereafter, the agreed scheme shall be maintained in a reasonable condition for
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the life of the development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 14. An updated ecology survey will be required prior to the commencement of works, if works have 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 works shall not commence until after such written agreement has been issued by the Council. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 15. Prior to the commencement of the development hereby approved, an Invasive Non-Native Species Control Plan shall be provided for the written approval of the Council as Planning Authority. The plan shall contain measures to eradicate and control invasive non-native species. Thereafter, the agreed scheme shall be implemented in full accordance during the construction phase. Reason - In the interests of protecting environmental quality and of biodiversity. 16. Prior to the completion or occupation of the development hereby approved, whichever is the earlier, wildlife kerbs shall be installed adjacent to all road gullies within 500metres of a SUDS pond or watercourse. Thereafter, the kerbs shall be retained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 17. Prior to the commencement of the development hereby approved, a statement which demonstrates 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 approved principles shall thereafter be implemented in full. Reason - In order to comply with Policy 32 of the adopted Perth and Kinross Local Development Plan 2 (2019) Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan.
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Procedural Notes Permission shall not to be issued until the Section 75 Agreement has been signed and registered to take account of this application. The legal agreement should be concluded and completed within 4 months of the date of any Committee approval. Failure to conclude a legal agreement within 4 months will result in the planning application being re-assessed through failing to comply with the associated developer contributions policy and may be ultimately recommended for refusal under delegated powers 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. 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. 5. 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 6. The applicant is advised to refer to Perth & Kinross Council’s Supplementary guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. 7. 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.
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8. 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. Please note that a fee is chargeable for the processing of RCC applications. 9. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, he/she/they must obtain from the Council, permission to place, maintain or adjust apparatus in, or under a Road or remove apparatus from a road. Application forms are available at https://www.pkc.gov.uk/article/14916/Road-and-footway-permits. 10. The applicant is advised to contact the Street Lighting Partnership to gain technical approval for the streetlighting design. Please contact MGorrie@pkc.gov.uk 11. The applicant should note the requirement for enabling infrastructure for electric vehicle charging in accordance with the Scottish Building Standards Domestic Technical Handbook. 12. Refuse collection vehicles will only enter the site during development where there is clear access, adequate turning, and a suitable road surface with no raised ironworks. This means that Waste Services may not be able to provide a full kerbside recycling service to residents whilst the build is ongoing, and bins may have to be emptied from a collection point, specified by the area Community Waste Adviser, until full access is made available for refuse collection vehicles. Background Papers Letters of representation 12 Authors Name Designation Contact Details Joanne Ferguson Planning Officer 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Paul Williamson Team Leader (Local Developments) 29 September 2026