26/00417/42M
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. 26/286) Proposal: S42 application to vary condition 16 (drainage design) of permission 23/01341/FLM Location: Land 240 metres north east of Lethangie Waste Water Treatment Works, Kinross Ref. No: 26/00417/42M Ward No: P8 - Kinross-shire 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 Planning permission 23/01341/FLM was granted on 9 July 2024 for a mixed-use development comprising a golf driving range, café, retail unit, formation of vehicular access, parking, landscaping and associated works on land 240 metres north-east of Lethangie Waste Water Treatment Works, Kinross. Condition 16 of that permission requires the submission and approval of detailed designs for a path connection to the Heritage Trail and a drainage outfall to the North Queich Burn, together with implementation of the approved infrastructure. 2 This application is made under Section 42 of the Town and Country Planning (Scotland) Act 1997 (as amended) and seeks to vary Condition 16 of planning permission 23/01341/FLM. The applicant advises that amendments to the approved drainage strategy have removed the need for the previously proposed drainage outfall to the North Queich Burn, with surface water now intended to be managed via a soakaway-based system. As a result, the existing wording of Condition 16 is no longer considered to reflect the proposed drainage arrangements. 3 The application therefore seeks to amend the wording of Condition 16 by removing reference to the drainage outfall to the North Queich Burn and
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replacing it with a requirement relating to the surface water drainage design. No other changes are proposed to the approved development, with the application being limited solely to the wording of the planning condition. 4 The current wording of the condition is as follows: Prior to the commencement of development on site, a detailed design for the path connection to the east of the site to the Heritage Trail and for the drainage outfall to the North Queich Burn shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The path connection and drainage outfall, as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority and undertaken prior to the commencement of construction associated with this planning application (23/01341/FLM). For the avoidance of doubt, it is the applicant's responsibility to ensure that the correct consents are in place to deliver the required infrastructure. Site History 5 23/00001/PAN Mixed use development comprising of 19 bay golf driving range with cafe (class 3), retail unit (class 1), formation of parking and associated works – contents approved on 31 March 2023 6 23/01341/FLM Mixed use development comprising golf driving range (class 11) with café (class 3), retail unit (class 1A), formation of vehicular access and parking, landscaping and associated works - Planning Permission was Approved On 9 July 2024. 7 24/01953/FLL Formation of drainage outfall and core path connection - Planning Permission was Approved On 4 April 2025. 8 25/01675/FLL Application to vary a planning permission under section 64 of the Town and Country Planning (Scotland) Act 1997 (as amended) (23/01341/FLM) – application returned. Environmental Impact Assessment 9 The application seeks planning permission under Section 42 of the Town and Country Planning (Scotland) Act 1997 (as amended) for the variation of Condition 16 attached to planning permission 23/01341/FLM. The proposed amendment relates to the wording of the condition and is intended to reflect revisions to the surface water drainage arrangements, specifically the removal of the previously proposed drainage outfall to the North Queich Burn and its replacement with an alternative drainage solution. 10 The Planning Authority has considered the proposal in the context of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. Having regard to the limited nature of the proposed
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amendment, which does not alter the scale, nature or operational characteristics of the approved development, it is concluded that the variation would not give rise to any new or materially different significant environmental effects from those previously considered as part of the determination of planning permission 23/01341/FLM. Accordingly, the proposed variation does not require the submission of an EIA Report and no further Environmental Impact Assessment is considered necessary. Pre-Application Consultation 11 The Pre-Application Consultation (PAC) requirements have been fulfilled in association with the submission of planning application 23/01341/FLM and there is no further PAC needed procedurally in relation to this Section 42 application. Development Plan 12 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 13 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 peoples lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 14 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 22: Flood Risk and Water Management Perth and Kinross Local Development Plan 2019 15 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. 16 The principal relevant policies are, in summary; • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • Policy 53C: Water Environment and Drainage: Surface Water Drainage
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Statutory Supplementary Guidance • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Other Material Considerations National Guidance 17 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. Creating Places 2013 18 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 19 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 20 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 21 Local Place Plans are community-led plans setting out proposals for the development and use of land and set out a community’s aspirations for its future development. There are no Local Place Plans for this site. Consultations 22 As part of the planning application process the following bodies were consulted: External 23 Milnathort Community Council – no comment.
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24 Kinross Community Council – no comment. 25 Scottish Environment Protection Agency – no comment. Internal 26 Structures and Flooding – no objection. Representations 27 No representations were received. Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed: AA not required Design Statement or Design and Access Statement Not required Report on Impact or Potential Impact eg Flood Risk Assessment Not required Appraisal 28 Section 42(1) of the Town & Country Planning (Scotland) Act 1997 (as amended) relates to applications for planning permission for the development of land without complying with conditions subject to which a previous permission was granted. 29 Section 42(2) requires that the Planning Authority shall consider only the question of the condition(s) subject to which planning permission should be granted, and: (a) If they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it would be granted unconditionally, they shall grant planning permission accordingly; (b) If they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application. 30 The determining issues in this case are whether the proposal complies with Development Plan policy or if there are any other material considerations which justify a departure from that policy. The Development Plan comprises NPF4, the
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Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 31 The application seeks solely to amend the wording of Condition 16 attached to planning permission 23/01341/FLM. The principle of the development has already been established through the grant of that permission and is not a matter for reconsideration as part of this Section 42 application. The proposed amendment seeks to remove reference to a drainage outfall to the North Queich Burn which is no longer required following revisions to the surface water drainage strategy. Accordingly, the key consideration is whether the amended condition remains acceptable having regard to the protection of the water environment and the delivery of the approved drainage infrastructure. In this regard, the proposal has been assessed against NPF4 Policy 22 (Flood Risk and Water Management) and LDP2 Policies 53A (Water Environment and Drainage: Water Environment) and 53C (Water Environment and Drainage: Surface Water Drainage). 32 The applicant seeks to amend the wording of Condition 16 attached to planning permission 23/01341/FLM. Condition 16 currently requires the submission and approval of a detailed design for a path connection to the east of the site to the Heritage Trail and a drainage outfall to the North Queich Burn, together with implementation of the approved infrastructure prior to the commencement of construction. A separate application for the path connection and drainage outfall was approved under , 24/01953/FLL. 33 The applicant now seeks to amend the condition to remove reference to the drainage outfall to the North Queich Burn, reflecting revisions to the surface water drainage strategy whereby the outfall is no longer required. The remainder of the condition would continue to secure the approval and implementation of the relevant infrastructure associated with the development. 34 Accordingly, the applicant proposes that Condition 16 be revised to require the submission, approval and implementation of the surface water drainage arrangements in place of the previously approved outfall infrastructure. The applicant proposes wording as follows: “Prior to the commencement of development on site, a detailed design for the path connection to the east of the site to the Heritage Trail and for the surface water drainage design shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The path connection and drainage design, as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority and undertaken prior to the commencement of construction associated with this planning application (23/01341/FLM). For the avoidance of doubt, it is the
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applicant's responsibility to ensure that the correct consents are in place to deliver the required infrastructure.” 35 The acceptability of this amendment is considered below having regard to NPF4 Policy 22 (Flood Risk and Water Management) and LDP2 Policies 53A (Water Environment) and 53C (Surface Water Drainage). Drainage and Flooding 36 NPF4 Policy 22: Flood Risk and Water Management, together with LDP2 Policies 53A (Water Environment) and 53C (Surface Water Drainage), are the most relevant policies in the assessment of this application. These policies seek to protect the water environment, ensure satisfactory surface water drainage arrangements are provided and maintained, and ensure development does not give rise to adverse impacts in respect of flood risk or water management. 37 The Council's Flooding and Structures Team has reviewed the proposed variation to Condition 16 and raises no objection. It is accepted that the previously proposed drainage outfall to the North Queich Burn is no longer required following revisions to the approved surface water drainage strategy. The proposed amendment is therefore considered acceptable and would ensure that the condition accurately reflects the approved drainage arrangements. 38 Notwithstanding the applicant's proposed wording, officers consider that amendments are required to ensure the condition remains fit for purpose. The original condition sought the submission and approval of details relating to both the Heritage Trail path connection and surface water drainage infrastructure. However, detailed drainage information has now been submitted and assessed as part of the current application, and the Council's Structures and Flooding Team is satisfied that sufficient information is available to demonstrate compliance with the relevant drainage and flood risk requirements. As a result, there is no longer a need for the condition to secure the submission of further drainage details. 39 The condition has therefore been revised to focus solely on securing implementation of the approved path connection under planning permission 24/01953/FLL, or any alternative scheme agreed in writing by the Planning Authority. The revised wording also requires the approved path connection to be implemented prior to the commencement of construction associated with planning permission 23/01341/FLM, or any subsequent permission varying that consent. Subject to these amendments, the condition is considered to provide an appropriate mechanism for securing delivery of the approved active travel infrastructure while ensuring that drainage matters have been satisfactorily addressed. 40 The revised condition and associated assessment are considered to accord with NPF4 Policy 22 and LDP2 Policies 53A and 53C.
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Accordingly, it is recommended that Condition 16 (now Condition 15) be reworded as follows: The path connection approved under planning permission 24/01953/FLL, or any other scheme agreed in writing by the Planning Authority, shall be implemented in accordance with the approved details and completed prior to the commencement of construction associated with planning permission 23/01341/FLM, or any subsequent permission varying that consent. Reason: To ensure the provision of appropriate active travel infrastructure in the interests of sustainable development and connectivity. Design, Layout and Visual Amenity 41 The proposed modification to Condition 16 (now condition 15) will have no impact on the approved and under construction layout, design or visual amenity. Landscape 42 The proposed modification to Condition 16 (now condition 15) will have no impact on the local landscape. Roads and Access 43 The proposed modification of Condition 16 (now condition 15) does not have any direct or significant impact on the road network. Natural Heritage and Biodiversity 44 The proposed modification to Condition 16 (now condition 15) will have no impact on the biodiversity of the area. Developer Contributions 45 No contributions are required by this S42 application. Economic Impact 46 The proposed modification will not have an impact on the local economy. Other Matters 47 The 23/01341/FLM permission contains a number of pre-commencement planning conditions, or elements of conditions, for which details have subsequently been submitted to and approved by the Planning Authority. It is good practice, when determining a Section 42 application, to review and update planning conditions to ensure they remain necessary, precise and enforceable, and reflect current regulations and best practice. Equally,
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conditions that continue to serve a planning purpose should be retained and updated, where necessary, to reference details and specifications previously approved through the discharge of conditions process. Several conditions, as outlined in the recommendation section below, have therefore been amended to align with current practice and to reflect approved details and circumstances that have arisen since the grant of planning permission 23/01341/FLM. The incorporation of other related permissions ensures that all relevant modifications are recognised and consolidated within this approval. This has resulted in condition 16 becoming condition 15 as referred to throughout the report. Pre-Commencement Conditions and Notice of Initiation 48 Prior to the commencement of development associated with this planning application, all pre-commencement conditions must be agreed in writing with the Planning Authority. In addition, a Notice of Initiation must be submitted, advising of the intended start date for the approved development. This is to ensure that all necessary requirements are in place before works commence and to provide clear communication regarding the commencement of development. 49 For the purposes of Section 27 of the Town and Country Planning (Scotland) Act 1997, as amended, development is deemed to have lawfully commenced only when any material operation forming part of the approved proposal is carried out. As such, commencement can only be established where the works undertaken clearly fall within the statutory definition of material operations and are consistent with the approved development plans and conditions. Planning Obligations and Legal Agreements 50 None required. Direction By Scottish Ministers 51 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application. Conclusion and Reasons for Recommendation 52 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for approval subject to the following conditions.
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Recommendation 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 café hereby approved shall be limited to a maximum of 40 covers and shall only be open at such time that the golf driving range is open. Reason - In order to ensure that the café remains ancillary to the golf driving range use and to ensure there is no detrimental impact upon the café offering in the nearby Kinross and Milnathort Town Centres. 3. All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 20 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In order to safeguard the neighbouring residential amenity in the area. 4. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In order to safeguard the residential amenity of the area. 5. All external lighting for the golf driving range shall not be operated between the hours of 2300 and 0700hours daily. Reason - In order to safeguard the residential amenity of the area. 6. The hours of operation for the golf driving range shall be restricted to 0800hours to 2200hours daily. Reason - In order to safeguard the residential amenity of the area. 7. Prior to the development hereby approved being completed or brought into use, an effective ventilation system commensurate with the nature and scale of
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cooking to be undertaken shall be installed and operated such that cooking odours are not exhausted into or escape into any neighbouring buildings. Thereafter the agreed system shall be maintained. Reason - In order to safeguard the amenity of occupants of nearby premises and to ensure the provision of a satisfactory ventilation system for the premises. 8. Servicing of and deliveries to the premises shall be carried out between 0700 and 1900 Monday to Saturday only, with no servicing or deliveries permitted on Sundays. Reason - In order to safeguard the residential amenity of the area. 9. Within 2 months of receipt of a written request by the Council as Planning Authority, following a substantiated noise and/or light complaint from a sensitive property, the operator/applicant shall, at its own expense, employ an appropriate consultant approved by the Planning Authority to carry out an assessment of noise and/or light from the development. The required assessment shall be submitted to and approved in writing by the Planning Authority. The assessment must identify any mitigation measures required if appropriate. Any mitigation measures identified shall be implemented on site in accordance with a timescale to be agreed with the Planning Authority. Reason - In order to safeguard the residential amenity of the area. 10. The Construction Traffic Management Scheme (CTMS) approved pursuant to Condition 11 of planning permission 23/01341/FLM (Document Number 78) shall be implemented in full and adhered to throughout the construction period unless otherwise agreed in writing by the Planning Authority. The CTMS shall remain a live document and may be updated as necessary throughout the construction period to reflect the ongoing requirements of the development. Any proposed amendments to the approved CTMS shall be submitted to and approved in writing by the Planning Authority, in consultation with the Roads Authority, prior to their implementation. Thereafter, the revised CTMS shall be implemented in full and adhered to for the remainder of the construction period. Reason - In the interests of pedestrian and traffic safety. 11. Prior to the commencement of the development hereby approved, full visibility splays of 160 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 outwith the splays. Once formed, the visibility splays shall be permanently retained thereafter, and no visual obstruction of any kind shall be permitted within the visibility splays so formed.
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Reason - In the interests of road safety; to ensure the provision of adequate visibility of the vehicular access. 12. The Green Travel Plan approved pursuant to Condition 12 of planning permission 23/01341/FLM (Document Number 88) shall be implemented in full and adhered to throughout the lifetime of the development. Reason - In order to promote sustainable methods of travel. 13. The secure covered e-bike cycle parking facility approved pursuant to Condition 14 of planning permission 23/01341/FLM (Drawing Numbers 60-63 (inclusive)) shall be implemented in accordance with the approved details prior to the development being brought into use. Reason - In order to promote sustainable methods of travel. 14. No development in connection with the permission hereby granted shall commence unless the vehicular access has been provided and surfaced in accordance with Perth & Kinross Council's Road Development Guide Type C Figure 5.7 access detail, of Type B Road construction detail. The Type B Road construction detail shall continue to the entrance for a distance of 6 metres. Once provided, the vehicular and pedestrian access shall thereafter be permanently retained as such. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 15. The path connection approved under planning permission 24/01953/FLL, or any other scheme agreed in writing by the Planning Authority, shall be implemented in accordance with the approved details and completed prior to the commencement of construction associated with planning permission 23/01341/FLM, or any subsequent permission varying that consent. For the avoidance of doubt, it is the responsibility of the applicant to ensure that all necessary consents are in place to deliver the required infrastructure. Reason - In the interests of ensuring suitable infrastructure is in place to promote active travel connections. 16. The measures relating to temporary diversions, signage and the management of any works affecting rights of way and core paths contained within the Construction Traffic Management Plan approved under Condition 17 of planning permission 23/01341/FLM (Document 78) shall be implemented in accordance with the approved details and timings set out therein throughout the construction period, unless otherwise agreed in writing by the Planning Authority. Reason - To ensure continued public access to the public paths and in the interests of public safety within the site.
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17. The Sustainable Urban Drainage System (SuDS) scheme approved pursuant to Condition 18 of planning permission 23/01341/FLM (Document Numbers 64-77 (inclusive)) shall be implemented in accordance with the approved details and shall be fully operational prior to the development being brought into use. Reason - To ensure the provision of effective drainage for the site. 18. Storm water drainage from all paved surfaces, including the access, shall be disposed of by means of suitable Sustainable Urban Drainage Systems to meet the requirements of best management practices. Reason - To ensure the provision of effective drainage for the site. 19. 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. 20. All trees on site, other than those marked for felling on the approved plans, shall be retained. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 21. Prior to the commencement of the development hereby approved, an updated detailed landscaping and planting scheme for the site shall be submitted to and approved in writing by the Council as Planning Authority. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and installation methods and species, height, size and density of trees and shrubs to be planted, along with a maintenance programme. The scheme as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 22. The findings, recommendations and mitigation measures contained within the Biodiversity Survey dated 18 August 2025 submitted pursuant to Condition 27 of
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planning permission 23/01341/FLM shall be implemented in full and adhered to throughout the construction phase of the development. Where the development has not been lawfully commenced within 24 months of the date of that survey, an updated biodiversity survey shall be submitted to and approved in writing by the Planning Authority prior to the commencement of development. Thereafter, the findings, recommendations and mitigation measures contained within the approved updated survey shall be implemented in full and adhered to throughout the construction phase of the development. 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). 23. The Construction Method Statement (CMS) approved pursuant to Condition 24 of planning permission 23/01341/FLM (Document Number 79) shall be implemented in full and adhered to throughout the construction period unless otherwise agreed in writing by the Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 24. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, all measures listed in the submitted Biodiversity Enhancement Measures and Biodiversity Net Gain Calculation Report (Tay Ecology, July 2023) must be provided. Reason - In the interests of protecting environmental quality and of biodiversity. 25. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day. Reason - In order to prevent animals from being trapped within any open excavations. 26. The programme of archaeological works approved pursuant to Condition 28 of planning permission 23/01341/FLM (Document 59) shall be implemented in full. All excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site shall be undertaken in accordance with the approved Written Scheme of Archaeological Investigation (WSI). Should the archaeological works identify a requirement for post-excavation analysis, the development shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and approved in writing by the Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter, the approved PERD shall be
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implemented in full. The developer shall afford access at all reasonable times to representatives of PKHT, or any nominated representative, to observe archaeological works in progress. Reason - To ensure archaeological monitoring is carried out to safeguard and record any archaeological remains within the development area. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. No work shall be commenced until an application for building warrant has been submitted and approved. 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.
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5. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013, as amended. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: a. Displayed in a prominent place at or in the vicinity of the site of the development b. Readily visible to the public c. Printed on durable material. 6. Please remember that the granting of planning permission, listed building consent or other associated consent by the Planning Authority does not affect the responsibility of the developer to ensure all other necessary permissions, consents and approvals are in place prior to commencement of works. Developers should also ensure appropriate accommodations are made in respect of services and third party infrastructure and may wish to check proposals against the information held at https://www.linesearchbeforeudig.co.uk/. 7. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 8. Further information on the need for and level of provision of Changing Places Toilet Facilities can be found in Section 41B of the Town and Country Planning (Scotland) Act 1997, the Town and Country Planning (Changing Places Toilet Facilities) (Scotland) Regulations 2020 and the associated Circular 1/2020: Changing Places Toilets Regulations. 9. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow for the collection of waste. 10. 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. 11. The granting of planning permission does not stop the continued right of public access along the existing core path MTHT/102, MTHT/104, and MTHT/112. An order under the Town and Country Planning (Scotland) Act 1997, Section 208 or
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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. 12. 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 13. 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. 14. The applicant is advised that the granting of planning permission does not guarantee right of access to the site. This should be agreed with the relevant landowner(s) prior to the commencement of the development. 15. An inspection of the proposed development site did not raise any real concerns, although historical mapping indicates there was previously a nearby use which may have resulted in contamination in the vicinity of the site. The applicant is advised that, given historical uses of the wider area, there may be potential for contamination within the site. Should any contamination be found during the approved works, works should cease and the Land Quality team should be contacted on 01738 475000 or es@pkc.gov.uk for further advice. 16. The applicant is advised that the granting of planning permission does not guarantee a connection to Scottish Water's assets. The applicant must make a separate application to Scottish Water Planning & Development Services team for permission to connect to the public wastewater system and/or water network and all their requirements must be fully adhered to. 17. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 18. 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 Environmental Protection Agency. 19. The applicant can seek guidance on the detailed design and positioning of the cycle storage from Transport Scotland's Cycling by Design 2021 or similar design guidance.
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20. Road drainage may be in the vicinity of the new access and require remedial works. Contact Perth & Kinross Council Road Maintenance Department for further details. 21. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council as Roads Authority Road Construction Consent (RCC) 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. Background Papers Letters of representation 0 Authors Name Designation Contact Details Gillian Peebles Planning Officer 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 23 September 2026