26/00267/Fll
Perth and Kinross Council · 14 October 2026
Back to Planning and Placemaking Committee — 14 October 2026 and its agenda
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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. 26/284) Proposal: Erection of 42 flats and associated works Location: Former Moncreiffe Care Home, Main Street, Bridge of Earn, Perth, PH2 9PJ Ref. No: 26/00267/FLL Ward No: P9 - Almond and Earn 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 application site is approximately 0.7 hectares in size and is situated at the northern end of Main Street in the settlement of Bridge of Earn. The site is brownfield land following the demolition of the buildings associated with a former care home (Building Warrant Reference 22/01299/NDOM5). 2. The site is relatively flat and gradually slopes down on the north boundary, northeast corner and the east boundary. There are trees and bushes on the northern and western boundaries of the site. The central area of the site is populated with vegetation, tarmac and rubble. Temporary security fencing is present around the site perimeter. 3. The site is bound by a holiday lodge development to the north, Dark Walk to the south, to the east is Back Street and to the west is Main Street. Residential properties are located to the immediate northeast, east and south of the application site and on the opposite side of Main Street (west). 4. Southwest of the site are commercial units comprising retail and takeaway fronting Main Street. To the west, on the opposite side of Main Street, is a garage with the forecourt approved for a change of use to a petrol filling station (26/00060/FLL).
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5. A development of five blocks of 42 flats is proposed comprising of 41 2-bedroom flats and a ground floor 1-bedroom accessible flat. The five blocks are positioned on the boundary of the site around a central area of amenity space and car parking. Two 3-storey blocks front Main Street (18 flats), a stepped 3-storey and 2-storey block (10 flats) is located on the north boundary and a 2-storey block and a stepped 3-storey and 2-storey block (14 flats) on the east boundary. 6. External finishes have been revised during the application process and include Strathstone Walling (Plum) and dry dash render walls (Ashton Cream) with UPVC windows and composite doors (Anthracite Grey) (Drawing 62). 7. Access to the site will utilise an existing vehicular access at the north end of the site. A central area of parking is proposed with 42 spaces. Waste storage, amenity planting, sustainable urban drainage and cycle storage are proposed in the central area. 8. Footpaths are planned to connect the site to Main Street, the core path to the east (EARN/8, 42/8 Riverside Path) and to the south a footpath is proposed on the north side of Dark Walk, to improve pedestrian connectivity. 9. A revised Arboricultural Assessment (Drawing 49) notes there are eighteen trees on site and thirteen are to be removed to enable the development with five trees retained on the north boundary. A landscape plan shows tree, shrub, wildflower and hedgerow planting to compensate for tree loss and enhance visual amenity and biodiversity. Further biodiversity enhancement is proposed through the installation of swift bricks and bat boxes (Drawing 41). 10. The site has been identified in the Council’s Strategic Housing Investment Plan (SHIP) for affordable housing. The Council is looking to take ownership of the properties upon completion to deliver social rented affordable housing. 11. This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the material finish of the flats, the addition of a footpath on Dark Walk and changes to the layout of the central area of parking, waste storage and cycle storage. Site History 12. 92/00943/FUL Full Planning Permission was Refused on 2 September 1992 for Erection of 8/12 sheltered flats (in outline) 13. 93/01061/FUL Full Planning Permission was Approved on 15 October 1993 for Erection of 10 additional bedrooms 14. 08/00976/OUT was Approved on 15 January 2009 for Erection of a 2 storey 25 bedroom extension with ancillary rooms and additional parking (in outline)
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15. 08/01350/FUL Full Planning Permission was Approved on 17 December 2008 for Extension to Nursing Home to Form Porch and Ramp Access 16. 09/01156/AML was Approved on 17 May 2010 for Erection of a 2 storey 22 bedroom extension with ancillary rooms (reserved matters) 17. 09/01334/FLL Full Planning Permission was Approved on 7 December 2009 for Demolition of derelict store building and erection of a new single storey building 18. 22/01324/PND on 23 September 2022 for Demolition of buildings Environmental Impact Assessment 19. An EIA is not required. Pre-Application Consultation 20. Pre-application Reference: 25/00019/PREAPL 21. The proposed development is not classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was not required to undertake not any formal pre-application consultation with the local community. Development Plan 22. 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 23. 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. 24. The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 6: Forestry, Woodland and Trees • Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings • Policy 13: Sustainable Transport
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• Policy 14: Design, Quality and Place • Policy 15: Local Living and 20 Minute Neighbourhoods • Policy 16: Quality Homes • Policy 18: Infrastructure First • Policy 20: Blue and Green Infrastructure • Policy 22: Flood Risk and Water Management • Policy 23: Health and Safety Perth and Kinross Local Development Plan 2019 25. 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. 26. The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 15: Public Access • Policy 17: Residential Areas • Policy 20: Affordable Housing • 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 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 56: Noise Pollution • Policy 58A: Contaminated and Unstable Land: Contaminated Land • Policy 60A: Transport Standards and Accessibility Requirements: Existing Infrastructure • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 27. • 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 - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Green & Blue Infrastructure (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 28. • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft) National Guidance 29. 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 30. The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: Creating Places 2013 31. 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 32. 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 33. 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.
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Local Place Plans 34. 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. The application site does not lie within an area with a Local Place Plan. Consultations 35. As part of the planning application process the following bodies were consulted: External 36. Perth and Kinross Heritage Trust - Given the site's development history and change of building etc over the last 150 years it’s likely the ground has been heavily landscaped, and any potential archaeology (i.e the trackway/road) associated with the old bridge (SM9468) is very low. Therefore, with respect to archaeology and the planning process, as outlined by NPF4, the proposed development does not raise any significant issues. No archaeological mitigation is required in this instance. 37. Scottish Environment Protection Agency – A holding objection was received and this was removed following the submission of further information and subject to the following condition - The finished floor levels of the development shall be set no lower than 8.09m AOD, in accordance with the levels specified by Fairhurst in their email to SEPA dated 28 April 2026 on the planning record and the Fairhurst Flood Risk Assessment (FRA) (dated October 2025), ensuring a minimum freeboard of 600mm is achieved. 38. Scottish Water - No objection. Scottish Water records indicate that there is live infrastructure in the proximity of the development area that may impact on existing Scottish Water assets. 39. Earn Community Council – Objection. While recognising the need for affordable housing, it is considered that the design scale and density is excessive for the location at the entrance to Bridge of Earn. Cross reference was also made to previous refusals on site almost twenty years ago which reflected these issues. Furthermore, there was also concern that the level of parking is adequate for the proposals, and that there could be an unacceptable impact on the local road network and upon infrastructure such as education, and healthcare. Internal 40. Environmental Health (Contaminated Land) - Contamination condition for further reports to be submitted for written approval of PKC. 41. Structures and Flooding - No objection. Follows an update which was requested to calculations in the Flood Risk Assessment.
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42. Biodiversity - The submitted supporting information was revised and is in accordance with legislation, policy and guidance. Conditions recommended to ensure the recommendations of the Ecological Assessment Report are undertaken together with the proposed biodiversity enhancement. 43. Planning Enforcement Officer (Trees) - Satisfied with the updated Tree Survey report and revised landscape plans, no further comment. 44. Transportation and Development – No objection, conditions recommended. The increased car parking on site from the original proposals, upgraded footway links, cycle parking, bus stop improvements and footways around the site are all aimed at minimising the impact of the development on the road network and promoting active travel. 45. Housing Strategy - The proposal is for 42 flats on a brownfield site at Bridge of Earn, all of which will be affordable housing. This satisfies Policy 20: Affordable Housing, which requires 25% of any residential proposal to contribute towards the Council’s affordable housing targets. Following detailed consideration of demand and need, we can advise that Perth & Kinross Council is content to accept the proposed two-bedroomed flatted units across the development. This takes into account and fairly reflects evidenced need and demand for affordable homes in this community. PKC will assess a wide range of affordable housing tenures, including intermediate rent and low-cost home ownership, to ensure that an optimal and appropriate housing mix is in place. 46. Development Contributions Officer – Transport Infrastructure contribution required at affordable rate in line with Supplementary Guidance. 47. Community Waste Advisor - Environment Service – Advised on the waste storage requirements for the development. Representations 48. Forty-seven (47) representations were received in total - two general comments and forty-five objections including an objection from Earn Community Council. 49. The main issues raised within the representations include: • Visual impact – highly visible site on entrance into Bridge of Earn • Design, scale, height and massing are not in keeping with the character of the area • Detrimental impact on residential amenity – overbearing, loss of privacy, overlooking, loss of daylight • Lack of parking proposed in the site • On street parking – development will exacerbate the existing issue • Road safety • Increased traffic • Impact on local road network
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• Contrary to Development Plan • Loss of trees • Impact on biodiversity • Flood Risk • Density - overdevelopment of site • Constraints on infrastructure 50. These issues are addressed in the Appraisal section of the report. 51. Other issues raised in the representations which cannot be specifically addressed through this planning application process includes the capacity of the school and the closure of the GP surgery with no replacement service. From a planning perspective, these local issues will be considered as part of LDP3. Whilst the planning system can help to influence and deliver physical infrastructure, issues over staffing levels are a matter for the NHS to address. Additional Statements 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 Appraisal 52. 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. 53. In terms of other material considerations, this involves consideration of the Council’s other approved policies and supplementary guidance - this includes the Strategic Housing Investment Plan (SHIP). Also, consideration of national planning guidance and policies and this includes letters from the Scottish Governments Chief Planner about the housing crisis. Policy 54. In respect of NPF4, key policies for consideration include Policy 1 (Tackling the Climate and Nature Crises) and Policy 2 (Climate Mitigation and Adaptation)
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which look to ensure that all new developments take into account climate change and its implications. Policy 3 (Biodiversity) seeks to ensure that new developments provide a proportionate level of biodiversity enhancements. Policy 9 (Brownfield, Vacant and Derelict Land and Empty Buildings) promotes the reuse of brownfield land to help reduce the need for greenfield development. Policy 13 (Sustainable Transport) aims to reduce the need to travel unsustainably. Policy 14 (Design, Quality and Place) promotes a high standard of design for all new development, Policy 15 (Local Living and 20 minute Neighbourhoods) promotes a network of high quality, accessible, connected and compact neighbourhoods and Policy 16 (Quality Homes) encourages, promotes and facilitates the delivery of more high quality, affordable and sustainable homes, in the right locations. Policy 20 (Blue and Green Infrastructure) looks to protect and enhance blue and green infrastructure through suitable designs. Policy 22 (Flood Risk and Water Management) aims to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. 55. In respect of LDP2, the key policies for consideration which align with the NPF4 policies above include Policy 1 (Placemaking), Policy 17 (Residential Areas), Policy 20 (Affordable Housing), Policy 32 (Embedding Low and Zero Carbon Generating Technology in New Development), Policy 41 (Biodiversity), Policy 42 (Green Infrastructure), Policy 52 (New Development and Flooding) and Policy 60 (Transport Standards and Accessibility Requirements). 56. These policies are assessed further in the report below. Brownfield Land 57. NPF4 Policy 9 (Brownfield, Vacant and Derelict Land and Empty Buildings) promotes the reuse of brownfield land to help reduce the need for greenfield development. The proposal satisfies NPF4 Policy 9 a). Affordable Homes 58. NPF4 Policy 16 aims to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes, in the right locations, providing choice across tenures that meet the diverse housing needs of people and communities. 59. In respect of NPF4 Policy 16a), the site is not allocated in the Local Development Plan. NPF4 Policy 16 f) states that development proposals for new homes on land not allocated for housing in the LDP will only be supported in limited circumstances where: i. the proposal is supported by an agreed timescale for build-out; and ii. the proposal is otherwise consistent with the plan spatial strategy and other relevant policies including local living and 20 minute neighbourhoods;
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iii. and either: • delivery of sites is happening earlier than identified in the deliverable housing land pipeline. This will be determined by reference to two consecutive years of the Housing Land Audit evidencing substantial delivery earlier than pipeline timescales and that general trend being sustained; or • the proposal is consistent with policy on rural homes; or • the proposal is for smaller scale opportunities within an existing settlement boundary; or • the proposal is for the delivery of less than 50 affordable homes as part of a local authority supported affordable housing plan. 60. This application is for 100% affordable housing (Condition 7). The site is included the Strategic Housing Investment Plan (SHIP) and the Council is in negotiations to take ownership of all the homes and will assess a wide range of affordable housing tenures, including intermediate rent and low-cost home ownership, to ensure that an optimal and appropriate housing mix is in place. The proposal supports the Council’s affordable housing plan and therefore satisfies NPF4 Policy 16 f) and LDP2 Policy 20 Affordable Housing. Design, Layout and Visual Amenity 61. A Design and Access Statement (Drawing 25) and addendum (Drawing 63) have been submitted. The design has evolved through both the pre-application process and via this planning application as outlined in the Design and Access Statement. The documents note that the layout and architectural approach have been informed by a comprehensive appraisal of the site’s physical characteristics, surrounding built context, and technical constraints. Drawing 61 Proposed 3D Visuals supplements the Design Statement and provides an assessment of density and massing together with contextual visuals. 62. The proposed flatted blocks are arranged to create defined street frontages, particularly along Main Street, while internal blocks provide natural surveillance over a shared central area of amenity space and pedestrian routes. The stepped design of two and three storey blocks on the north and east boundary of the site responds sensitively to site constraints and the surrounding dwellinghouses. The eastern side of Main Street is characterised by a continuous built frontage and this is acknowledged through the proposed three storey blocks with a footpath connection to Main Street providing separation between Block 1 and Block 2. 63. The higher density approach to developing this brownfield site creates variation on the northern edge of the settlement to form a pleasant walkable neighbourhood that supports and could potentially enhance local facilities such as shops, services and public transport. 64. Addressing the issues of scale and height raised in the representations, on Back Street the two and three storey blocks (Blocks 4 and 5) are set back 10m (approximately) from the road edge with a grassed and tree lined green buffer
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proposed between the road and the blocks. This helps to mitigate any perception of enclosure and softens the overall streetscape. In contrast, the now demolished single storey care home buildings were positioned hard on the road edge. 65. Whilst the buildings on Back Street are predominantly two storeys, there is an existing three-storey building at the corner of Dunning Street and Back Street. In this area there are buildings with dormers in the roof which appear as three storeys when viewed from the street. The proposed scale is consistent with the character and urban form of the area. The transition between the two storey and three storey elements create variation and respond positively to the existing topography and the gradual reduction in surrounding building heights as Back Street slopes towards Riverside. The stepped massing approach helps integrate the development into the streetscape. 66. On the north boundary, Block 3 is two storey and three storeys. The stepped arrangement of the blocks ensures the scale is broken down appropriately and responds sensitively to the adjacent dwellinghouse attached to the commercial holiday lodge development. The existing trees along the north boundary are to be retained with additional planting introduced to further strengthen the landscape edge and soften the built form when viewed from the surrounding area. 67. The existing site levels across the site have been retained where possible to mitigate the height of the blocks. Along Main Street, Block 1 and Block 2 step down from street level. Due to site topography, steps provide access to Back Street and the core path at the rear of Block 4. Low level retaining walls are proposed at a parking area located on the north boundary and on a footpath to access the rear of Block 5 on the east boundary, a condition is proposed for full details to be provided for written approval (Condition 12). A dropped basecourse is proposed for Block 3 and Block 5 on the north and east boundary respectively (Drawing 43). 68. The external finishes were revised during the application process from off-white roughcast and brick feature panels to buff coloured roughcast and stone concentrated on key elevations and entrances to provide a more attractive appearance and better reflect the surrounding built environment. A condition is proposed for samples of the external finishes for the blocks to be submitted for written approval prior to the commencement of the development (condition 6). 69. The proposed development is integrated into the surrounding area through a network of footpaths. A new footpath is to be created on Dark Walk to provide a safer passage for pedestrians in comparison to the existing scenario. The landscape plan has been revised and enhanced to provide a strong native-led green framework for the site. Planting has been selected to reinforce the Main Street and Back Street boundaries, soften the residential blocks, support the central amenity space and improve habitat value and seasonal interest. 70. The new build proposal is considered to enrich the character and qualities of the existing built environment. Collectively, the landscape proposals will create an
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attractive streetscape, provide replacement canopy cover, boundary definition, visual softening and habitat creation opportunities. 71. The proposal is a well-designed, connected, sustainable development of modern affordable flats which support local living. The development is consistent with the Scottish Government’s six qualities of successful places. The proposal satisfies NPF4 Policy 14 Design, Quality and Place, NPF4 Policy 15 Local Living, LDP2 Policy 1 Placemaking and LDP2 Policy 17 Residential Areas. Residential Amenity 72. The representations raise the issue of loss of privacy, overlooking, loss of daylight and impact on residential amenity due to the scale, height and overbearing nature of the proposed development. 73. The submitted Site Sections (Drawings 37 and 38) include a study of daylight and overshadowing to demonstrate that there are no amenity issues arising in this respect. The street section shows the height and scale of the proposed buildings and their fit in the context of the wider streetscape. As noted in the section above, the stepped design of two and three storey blocks on the north and east boundary of the site responds sensitively to the challenges of site constraints and respects the surrounding dwellinghouses. A suitable set back and a green buffer helps to mitigate the scale and height of the blocks. 74. The proposal will not have a significant detrimental effect on residential amenity. In this respect, the proposal aligns with the general principles of NPF4 Policy 14 Design, Quality and Place and LDP2 Policy 1 Placemaking and LD2 Policy 17 Residential Areas. 75. To protect residential amenity during the construction phase, Condition 10 is proposed which sets out the operational times for construction work. 76. In respect of the proposed flats and residential amenity, ASHPs may be installed as set out in a Sustainable Design Statement (Drawing 32) with other alternative technology also being explored. Full details will be submitted as part of the building warrant process. An informative is proposed to ensure that noise does not impact residential amenity (Informative 11). The informative is in line with NPF4 Policy 23 e) and LDP2 Policy 56 Noise Pollution. Roads and Access 77. The representations raise concern with a number of road related matters including the level of parking proposed in the site, the impact on the local road network, road and pedestrian safety. These matters are addressed in this section of the report. 78. Transportation and Development reviewed the proposal and a Transport Statement (Drawing 33) prepared by Fairhurst (December 2025). Further information was submitted during the application process to address their initial
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comments and issues raised in the representations, and changes were made to the proposed site plan (Drawing 36) through positive discussion with the applicant. Access 79. Access to the site is to be taken from Main Street. There are currently two points of vehicle access to the site, which were associated with the former care home. The care home used to operate a one-way system, whereby vehicles entered the site via the north access and exited via the south access. The proposal for housing on the site involves consolidating the access points into one single access at the north end which provides access and egress. 80. Main Street is now a 20mph speed limit, having previously been a 30mph speed limit. There is a corresponding need for junction visibility splays of 2.4m x 25m at the site access junction, based on standards contained within ‘Designing Streets’. This can be met and a condition is proposed to ensure that full visibility splays are provided (Condition 18). The vehicle access is to be formed in accordance with PKC Road Development Guide and Condition 19 refers. Parking 81. Within the site, car parking is increased from 36 spaces to 42 spaces, one space per flat. 82. There is an existing issue with the availability of on-street parking highlighted in the representations. Sufficient parking space has been provided for this development to ensure there is not a significant impact on parking provision in the area. 83. Parking spaces are to be future proofed for EV Charging with space provided for charging points, cabling and ducting (Condition 21). In line with standards used by Transportation and Development, secure storage for 53 cycle spaces is proposed to encourage active travel (Condition 22). This is in line with NPF4 Policy 13 and LDP2 Policy 60B. Footpaths 84. The proposal is well integrated into the existing network of footpaths with a number of opportunities created for people travelling into the development as well as through it. 85. To avoid cutting down trees, the applicant is to provide a crossing point at the north side of the vehicular access to connect with the footway into the development site on the south side. 86. A footpath is proposed on the north side of Dark Walk to improve the connection to Back Street from Main Street and provide a safe passage for pedestrians. From the development, a footpath link is created on the east boundary to access
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Back Street and a core path to the riverside. Condition 14 is proposed to ensure that the core path is not obstructed during the construction phase or on completion of the development and any damage done to the route and/or the associated signage during the building phase must be made good prior the development being completed or brought into use, whichever is the earlier. 87. A footpath provides direct connection to Main Street from the development site. A bus stop is located on this footpath connection, and the developer is to upgrade this to a new 3 bay enclosed bus shelter with lighting and Real Time Passenger Information display, a condition is proposed to secure this (Condition 24). Impact on Local Road Network 88. In the interest of road safety and site management, a Construction Traffic Management Scheme is to be submitted for written approval of the Council as Planning Authority prior to the commencement of development (Condition 25). This will take into account the timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, refuse collection days and during local events. 89. A Transport Statement (Drawing 33) considers the proposed development would not have a significant impact on the surrounding network. Transportation and Development have reviewed this and considered the cumulative impact of this development and a recently consented Petrol Station opposite the site (26/00060/FLL). As noted in the consultation response this is well within the category of daily trip variation. Given the relatively low trip generation of the combined developments, this analysis demonstrates that there is minimal impact on the surrounding road network, with less than 1 trip a minute in the AM and PM peak hours. Speed Limit 90. Main Street has a 20mph speed limit. Concerns have been raised in the representations that speeds may be higher than 20mph, this would be a matter for Police Scotland to investigate. 91. In line with NPF4 Policy 13 Sustainable Transport and LDP2 Policy 60B, the site is accessible by sustainable means of walking, cycling and public transport. The increased car parking on site from the original proposals, upgraded footway links, cycle parking, bus stop improvements and footways around the site are all aimed at minimising the impact of the development on the road network and promoting active travel. Drainage and Flooding Flood Risk 92. The representations highlighted flood risk and flood maps show the northeast corner of the site is at flood risk. A Flood Risk Assessment (Drawing 29)
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prepared by Fairhurst (October 2025) was submitted and reviewed by SEPA and the Flooding Team. The Flood Risk Assessment notes that flood risk at the site was primarily assessed in relation to fluvial and tidal flood risk from the River Earn and Deich Burn and other potential sources of flood risk were also considered. 93. An initial holding objection from SEPA was removed on the submission of further information by Fairhurst. Condition 2 is to be applied as per SEPA’s consultation response to ensure that the finished floor levels of the development ensure a minimum freeboard of 600mm is achieved. 94. The supporting information demonstrates that flood risk to the site can be appropriately managed. The proposal satisfies NPF4 Policy 22 a) iv) and LDP2 Policy 52 subject to a condition. Drainage 95. A Drainage Assessment Report (Drawing 48) prepared by Fairhurst (December 2025) and related drawings (Drawings 45-48) have been reviewed by the Flooding Team. 96. Surface Water Drainage - The new surface water drains will drain to a geocellular crate storage area via a new filter trench. This will discharge at a restricted rate to the existing sewer at the south of the site through a new surface water network. All rain and surface water is to be managed through sustainable urban drainage systems. 97. Foul Drainage - A new adoptable foul drainage network is proposed to serve the development and will connect to the existing combined sewer network to the south. 98. Construction Phase – The Drainage Assessment Report (Drawing 48) notes that the surface water management strategy will be based on the Contractor’s Method Statement and will incorporate measures to prevent the surface water run-off from the construction works discharging direct to the watercourses (Condition 9). 99. The drainage proposal satisfies NPF4 Policy 22 c) and LDP2 Policy 53B Foul Drainage and LDP2 Policy 53C Surface Water Drainage. Contamination 100. A Phase 1 Desk Study Report (Drawing 31) produced by Fairhurst Group LLP (November 2025) was included as part of this application. The report highlighted potential risk from made ground to receptors and recommended further geo-environmental investigation be carried out across the site to verify the presence of contaminants. The report was reviewed by the Contaminated Land Officer who concurred with the report’s recommendations. It is recommended that Condition 3 is applied to any consent granted and this shall remain in place
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until a Phase 2 Site Investigation report is received for review and the written approval of the Contaminated Land Officer, as per the recommendations of the Phase 1 Desk Study Report. 101. The proposal satisfies NPF4 Policy 9 c) and LDP2 Policy 58A: Contaminated Land, subject to condition. Natural Heritage and Biodiversity Trees 102. The representations highlight that it is unclear what trees are to be removed and retained as part of the proposed development. 103. Following initial comments by the Tree Officer and in light of the comments in the representations, further information was requested through the application process to confirm the tree loss to enable the development and the trees to be retained and protected during the construction phase. An enhanced landscape plan was also requested to show a suitable level of compensatory planting and species mix. 104. A revised Tree Report (Drawing 49), Site Layout with Existing Tree Overlay (Drawing 40) and Landscape Plan (Drawing 41) were submitted. The Tree Officer is satisfied that the revised Tree Report and plans contained within, and the proposed landscape plan address the initial issues raised. 105. There are 18 trees on site and 5 are to be retained. Tree removal has been clearly indicated and includes trees of poor condition and satisfactory compensatory planting is proposed with a suitable mix of native trees, hedgerow and shrubs. A group of trees in the northwest corner of the site is to be retained together with two trees on the north boundary. 106. The trees and bushes on the Main Street boundary (west) are to be removed. The proposals seek to positively reinstate the relationship with Main Street through the introduction of lower-level hedgerows, a mixed planting strategy, enhanced pedestrian connectivity and accessible landscaped spaces that create a more open, attractive and welcoming place. 107. A condition is proposed to ensure tree protection measures are in place during the construction phase (Condition 4) and a further condition is proposed to ensure that the revised landscape plan is implemented and any trees lost are replaced within five years of planting (Condition 5). 108. The proposal satisfies LDP2 Policy 40B Trees, Woodland and Development. Biodiversity 109. A revised Ecological Assessment Report (Drawing 69) was submitted in consultation with the Biodiversity Officer. This is supplemented by a revised
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Landscape Plan (Drawing 41) showing biodiversity enhancement and Drawings 64-68 which show swift and bat boxes to be integrated into the development. 110. The Biodiversity Officer confirms that the revised Ecological Assessment Report is in accordance with best practice and undertaken at the correct time of year. A condition is proposed to ensure all recommendations in the report are adhered to in full (Condition 15) and a condition to ensure the bat and swift boxes are installed on the buildings as indicated in the report and drawings (Condition 17). 111. The proposal satisfies NPF4 Policy 3 Biodiversity and LDP2 Policy 41 Biodiversity, subject to conditions. Low and Zero Carbon Generating Technologies 112. 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, a Sustainable Design Statement outlines measures to reduce carbon emissions (Drawing 32). No further detail is provided with the planning application. However, this will be subject to further assessment through the building warrant process. A condition is proposed to ensure the proposal complies with the relevant policies (Condition 8). Developer Contributions Primary School 113. This proposal is within the catchment of Dunbarney Primary School, where a capacity constraint has been identified. However, the proposed development is for affordable housing, which is not required to make Primary Education Contributions (paragraph 4.5 of the Supplementary Guidance). 114. A Primary Education contribution is therefore not required. Transport Infrastructure 115. The site is located in the ‘Full’ Transport Infrastructure contributions zone (Appendix 3 of the Supplementary Guidance) and the contributions rates are set out in table 6.21 of the Supplementary Guidance. 116. Where a new proposal replaces an existing development with planning permission, the assessment for contributions is normally applied to the net additional development (as set out in paragraph 3.6 of the Supplementary Guidance). The application site’s previous use was as a care home, and that
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previous use would normally be taken into account except in this case because it is understood that the site has been cleared of the previous care home use. 117. The full contributions area - residential affordable rate of £2,184 per unit would apply to all 42 units. 118. A Transport Infrastructure contribution of ( 42 x £2,184 ) = £91,728 is therefore required. 119. The developer contribution requirement aligns with NPF4 Policy 18 and LDP2 Policy 5. Material Considerations Representations 120. The issues raised in the representations have been fully considered in the report above and are not of sufficient weight to justify refusal of the proposed development. National Housing Emergency 121. 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). 122. 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. This policy offers support for the delivery of less than 50 affordable homes as part of a local authority supported affordable housing plan. The proposal satisfies NPF4 Policy 16 f) and other relevant policies in the Development Plan. 123. 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 bearing in mind the committed financial investment by the Council for developing this site, as identified in the SHIP. Economic Impact 124. The proposal could have a positive impact on the local economy through the creation of jobs during construction. Variation Of Application Under Section 32A 125. This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the material finish of the flats,
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the addition of a footpath on Dark Walk and changes to the layout of the central area of parking, waste storage and cycle storage. Planning Obligations And Legal Agreements 126. None required. Direction By Scottish Ministers 127. 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. 128. 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 129. 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 Subject to the following conditions: Conditions and Reasons for Recommendation 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The finished floor levels of the development shall be set no lower than 8.09m AOD, in accordance with the levels specified by Fairhurst in their email to SEPA dated 28 April 2026 on the planning record and the Fairhurst Flood Risk
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Assessment (October 2025) Drawing 29, ensuring a minimum freeboard of 600mm is achieved. Reason - In order to take account of the flood risk from the adjacent watercourse. 3. Development shall not commence on site until an evaluation for the potential of the site to be affected by contamination by a previous use has been undertaken and, as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been submitted for consideration and accepted by the Council as Planning Authority. If the preliminary risk assessment identifies the need for further assessment, an intrusive investigation shall be undertaken to identify; I. the nature, extent and type(s) of contamination on the site II. measures to treat/remove contamination to ensure the site is fit for the use proposed III. measures to deal with contamination during construction works IV. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason - In order to deal with any potential contamination of the site as a result of its former use. 4. 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. 5. The detailed landscaping and planting scheme which is hereby approved shall be completed within the first available planting season (October to March) after the completion or bringing into use 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. 6. Prior to the commencement of the development hereby approved, samples of the specification and colour of the proposed external finishing to be used shall be
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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. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. 7. All the approved residential units shall be affordable units, as per the definitions contained within Planning Advice Note 2/2010 (Affordable Housing and Housing Land Audits). Reason - The development has been approved as affordable housing. 8 Prior to the commencement of development a statement shall be submitted for approval in writing by the Council as Planning Authority 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. The statement as agreed shall be fully implemented to the satisfaction of the Council as Planning Authority. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 9. Concurrent with the initiation of the development hereby approved and for the duration of construction, a temporary surface water treatment facility which accords with Sustainable Urban Drainage System principles shall be implemented for the site and maintained for the duration of the approved development works to the satisfaction of the Council as Planning Authority. The temporary surface water treatment facility shall remain in place until the permanent surface water drainage scheme is implemented. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 10. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at any time on Sundays or bank holidays. 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 alternative arrangements. Reason - In order to ensure the construction phase is properly managed to avoid unnecessary impacts on existing residential amenity. 11. Storm water drainage from all paved surfaces, including the vehicular access, shall be disposed of by means of suitable a Sustainable Urban Drainage System to meet the requirements of best management practices. Reason - In order to ensure the site is adequately drained.
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12. Prior to the commencement of the development hereby approved, precise details of all proposed retaining walls and structures shall be submitted to and approved in writing by the Council as Planning Authority. The details shall include visual mitigation measures for exposed surfaces. The approved details shall be implemented in full. Reason - In order to clarify the terms of this planning permission. 13. Prior to the commencement of the development hereby approved, precise details of all proposed boundary treatments shall be submitted to and approved in writing by the Council as Planning Authority. The approved details shall be implemented in full. Reason - In order to clarify the terms of this planning permission. 14. Existing core paths in the area must not be obstructed during the construction phase or on completion of the development. Any damage done to the route and/or the associated signage during building phase must be made good prior the development being completed or brought into use, whichever is the earlier. Reason - In order to protect existing public paths and to ensure no unnecessary damage occurs. 15. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (Drawing 69) 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. Reason - In the interests of protecting environmental quality and of biodiversity. 16. 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). 17. Prior to the completion or occupation of the development hereby approved, all biodiversity enhancement measures listed within the supporting drawings (Drawings 41 and 64-68) submitted and hereby approved shall be provided. Thereafter, the agreed scheme shall be maintained 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.
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18. Prior to the commencement of the development hereby approved, full visibility splays of 25 metres along the channel line shall be provided to the left and right of the access, at a set-back of 2.4 metres measured 1.05m above the road level to the standard and specification required by the Council as Roads Authority to the satisfaction of the Planning Authority. The visibility splays shall be physically formed on the ground and any existing fences, walls, hedges or other means of enclosure or obstructions within the splays shall be removed and relocated out with the splays. Once formed, the visibility splays shall be permanently retained thereafter, and no visual obstruction of any kind shall be permitted within the visibility splays so formed. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 19. Prior to the development hereby approved being completed or brought into use, the vehicular access shall be formed in accordance with Perth & Kinross Council's Road Development Guide Type C Figure 5.7 access detail, of Type B Road construction detail. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 20. Prior to the occupation of the first flat, a footway with a minimum width of 2 metres shall be provide along the frontage of the development site on A912 Main Street, Dark Walk and Back Street with the footway being reconstructed to remove any existing vehicle accesses that were used to access the former Moncrieffe Care Home and provided with a full height kerb. Dropped kerbs will be provided on A912 Street across Dark Walk to provide connectivity with local amenities to the south of the development site and dropped kerbs will be provided on Dark Walk where the internal footways exit onto Dark Walk and similarly on Back Street where the internal footways exit onto Back Street. The footway on Back Street shall link into the existing footway to the north of the site. The footway shall be constructed using the detail below, unless agreed in writing: • 20mm Surface Course • 50mm Binder Course • 225mm Sub-base type 1 The work shall be supervised by the Area Roads Engineer and in accordance with standards of the Roads Authority. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 21. Prior to commencement of development, an updated layout plan showing a minimum 0.6 metre Electric Vehicle enabling charging infrastructure channel/hardstanding area at the rear of each parking bay, including the routeing of the ducting from each flat to the properties parking bay, shall be submitted and
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approved in writing by the Council as planning authority. The submission will confirm the location and specification of the enabling infrastructure. The Electric Vehicle enabling charging infrastructure channel/hardstanding area and the ducting from the property to the parking bay shall be provided prior to the occupation of the development. Reason - In the interests of sustainable travel and future EV vehicle ownership. 22. Prior to commencement of any development on site, a detailed design for the proposed secure covered cycle parking facility for a minimum of 53 cycles shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The cycle parking, as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority prior to the development being brought into use. Reason - To encourage active travel and meet advice within NPF4 on transport. 23. No part of the development shall be occupied until a Residential Travel Plan (RTP), aimed to encourage more sustainable means of travel, has been submitted and approved in writing by the Council. The RTP will have particular regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided, the system of management, monitoring, review, reporting and the duration of the plan. Reason - To promote sustainable transport options and to meet advice within NPF4 on transport. 24. Prior to the occupation of the first flat, the developer shall provide and install on appropriate hard stand asphalt areas at the rear of the footway on the A912 Main Street within the development site, a 3 bay enclosed bus shelter supplied (Cairngorm style) and installed with passenger information board, LED spotlights (one per bay), a 28in Ultra-Wide Display Screen for Real Time Passenger Information installed on the approach side of the shelter and a 24/7 electrical power supply to a Haldo pillar adjacent to the shelter to provide power for the LED lighting and Real Time Passenger Information display to be operational. The design, specification and operation shall be to the satisfaction of the Council as Planning Authority, in consultation with Perth & Kinross Council’s Public Transport Unit. In the event that it is not possible to install at this location, an alternative shall be agreed in writing with the planning authority. Reason - In the interest of sustainable travel. 25. 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 Scheme (TMS) which shall include the following:
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• restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; • 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; • a code of conduct for HGV drivers to allow for queuing traffic to pass; • arrangements for liaison with the Roads Authority regarding winter maintenance; • emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; • 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; • arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; • 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; • details of information signs to inform other road users of construction traffic; • arrangements to ensure that access for emergency service vehicles are not impeded; • co-ordination with other significant developments known to use roads affected by construction traffic; • traffic arrangements in the immediate vicinity of temporary construction compounds; • the provision and installation of traffic counters at the applicant's expense at locations to be agreed prior to the commencement of construction; • monitoring, reporting and implementation arrangements; • arrangements for dealing with non-compliance; and • details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management. 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 The planning permission decision notice shall not be issued until such time as the required Developer Contributions have been secured or paid in full. In the event the applicant does not either make the required payment within 28 days from the date the agent/applicant is advised of the need for the contributions, or complete a legal agreement for delayed payment within a 4 month period from
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the date the agent/applicant is advised of the need for the contributions the application may be refused under delegated powers without any further discussion with the applicant. 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 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 4. 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. 5. This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the material finish of the flats, the addition of a footpath on Dark Walk and changes to the layout of the central area of parking, waste storage and cycle storage. 6. The planning permission decision notice shall not be issued until such time as the required Developer Contributions have been secured or paid in full.
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In the event the applicant does not either make the required payment within 28 days from the date the agent/applicant is advised of the need for the contributions, or complete a legal agreement for delayed payment within a 4 month period from the date the agent/applicant is advised of the need for the contributions the application may be refused under delegated powers without any further discussion with the applicant. 7. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 8. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 9. The developer must contact the Community Waste Team to discuss bin collections as the site progresses. 10. The granting of planning permission does not stop the continued right of public access along the existing core path EARN/8, 42/8. An order under the Town and Country Planning (Scotland) Act 1997, Section 208 or an amendment of the Core Path Plan under the Land Reform (Scotland) Act 2003 should be sought in advance of any works authorised by this planning permission being commenced. All relevant approvals should be in place prior to any stopping up and diversion of the core path taking place. 11. The Air Source Heat Pump shall be certificated in accordance with Microgeneration Certification Scheme 007 and installed by an installation company certificated in accordance with Microgeneration Installation Standard 3005 and in compliance with the calculation procedure contained in Table 2 of Microgeneration Certification Scheme Planning Standards (MCS 020), confirming that the permitted development noise limit of 42 dB LAeq, 5 mins will be met. In addition, the Air Source Heat Pump shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. 12. 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. 13. 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
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design from Scottish Water and the Scottish Environment Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 14. 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. 15. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, he/she/they must obtain consent from the Council, 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. Background Papers Letters of representation 48 Authors Name Designation Contact Details Claire Myles Planning Officer 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Paul Williamson Team Leader (Local Developments) 29th September 2026