24/01485/Amm
Perth and Kinross Council · 12 March 2025
Back to Planning and Placemaking Committee — 12 March 2025 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee – 12 March 2025 Report of Handling by Strategic Lead: Economy, Development and Planning (Report No. 25/52) PROPOSAL: Erection of 41 dwellinghouse, landscaping and associated works (change of house type plots 15-28 and 73-99 of 19/01130/AMM) (allocated site H30) LOCATION: Land at Stanley Village (H30), Stanley, Perth Ref. No: 24/01485/AMM Ward No: P5- Strathtay Summary This report recommends approval of the Approval of Matters Specified by Condition (AMSC) application for the erection of 41 dwellinghouse, landscaping and associated works (change of house type plots 15-28 and 73-99 of 19/01130/AMM) on Land At Stanley Village (H30), Stanley. Overall the proposal remains consistent with the Development Plan and approved masterplan and is recommended for approval, subject to conditions. Background and Description of Proposal 1 The application site relates to land to the west of Perth Road, Stanley. The applicant is proposing a remix of the housing on Phase 2 due to changing economic conditions and market demand. As such the application seeks an AMSC for the erection of 41 dwellinghouse, landscaping and associated works (change of house type plots 15-28 and 73-99 of 19/01130/AMM). The proposal results in a reduction of one plot (plot 100). 2 The site is allocated in the Perth and Kinross Local Development Plan (2019) (LDP2) as H30. This allocations forms part of a wider masterplan and allocation for residential development across Stanley comprising of five site allocations (H30-H34). Cumulatively, the LDP2 allocations total an area of 25.7 hectares (ha), with the indicative range of 248-387 residential units -of which only 280 units can be built by 2024.
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3 Planning Permission in Principle (PPP) was granted as one application across the entire H30-H24 allocation in August 2018 (Ref: 17/00088/IPM), which was subject to a Section 75 legal agreement and planning conditions, including an Approval of Matters Specified in Condition (AMSC) requiring detailed layout and design detail for all sites by August 2023. A masterplan and indicative layout plan were submitted with the PPP application indicating 465 units in total for all sites, with 125 dwellings on H30; however, these were not approved. Condition 7 of the PPP does limit the permission to 431 residential units across the H30-H34 allocations. 4 The site (H30) extends to approximately 14.6ha and benefits from planning permission for 183 dwellinghouses and 4 flats. This site is the southern-most site in the proposed Stanley masterplan, located to the southwest of the village and is bound by residential properties to the north, A93 to the east, agricultural land to the south and a core path and railway line to the west. The topography is mixed; with a hill and high point to the south, with a series of undulations towards the northern boundary. Environmental Impact Assessment 5 An EIA Report was not required to be submitted with the proposal as the scale of amended development falls below the thresholds. The wider 183 dwellinghouses and 4 flats, however, was screened and not considered to require EIA (16/01867/SCRN). Pre-Application Consultation 6 As an AMSC application, there is no formal further pre-application consultation with the local community required. Development Plan 7 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 8 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. 9 The Council’s assessment of this application has considered the following policies of NPF4: Policy 1: Tackling the Climate and Nature Crises
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Policy 2: Climate Mitigation and Adaptation Policy 3: Biodiversity Policy 6: Forestry, Woodland and Trees Policy 13: Sustainable Transport Policy 14: Design, Quality and Place Policy 15: Local Living and 20 Minute Neighbourhoods Policy 16: Quality Homes Policy 18: Infrastructure First Policy 19: Heating and Cooling Policy 20: Blue and Green Infrastructure Policy 22: Flood Risk and Water Management Perth and Kinross Local Development Plan 2019 10 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. 11 The principal relevant policies are, in summary; Policy 1A: Placemaking Policy 1B: Placemaking Policy 5: Infrastructure Contributions Policy 14B: Open Space Retention and Provision: Open Space within New Developments Policy 15: Public Access Policy 17: Residential Areas Policy 20: Affordable Housing Policy 23: Delivery of Development Sites Policy 25: Housing Mix Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development Policy 34A: Sustainable Heating & Cooling: Heat Networks, Major Development and LDP Site Allocations Policy 38A: Environment and Conservation: International Nature Conservation Sites Policy 38B: Environment and Conservation: National Designations Policy 38C: Environment and Conservation: Local Designations Policy 39: Landscape Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity Policy 42: Green Infrastructure Policy 47: River Tay Catchment Area
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Policy 50: Prime Agricultural Land Policy 52: New Development and Flooding Policy 53A: Water Environment and Drainage: Water Environment Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 56: Noise Pollution Policy 57: Air Quality Policy 60A: Transport Standards and Accessibility Requirements: Existing Infrastructure Statutory Supplementary Guidance 12 Supplementary Guidance - Air Quality (adopted in 2020) Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) Supplementary Guidance - Landscape (adopted in 2020) Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) Supplementary Guidance - Placemaking (adopted in 2020) PKC Non Statutory Guidance 13 Planning Guidance - Delivery of Development Sites Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC Planning Guidance - Planning & Biodiversity National Guidance 14 The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 15 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: PAN 2/2010 Affordable Housing and Housing Land Audits PAN 1/2011 Planning and Noise PAN 40 Development Management PAN 51 Planning, Environmental Protection and Regulation
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PAN 60 Planning for Natural Heritage PAN 61 Planning and Sustainable Urban Drainage Systems PAN 63 Waste Management Planning PAN 65 Planning and Open Space PAN 67 Housing Quality PAN 68 Design Statements PAN 69 Planning and Building standards Advice on Flooding PAN 75 Planning for Transport PAN 77 Designing Safer Places PAN 79 Water and Drainage PAN 83 Masterplanning Creating Places 2013 16 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 17 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 18 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. Site History 19 15/00010/PAN Proposed masterplan for village expansion 18 June 2015. 20 17/00088/IPM Mixed use development (in principle) Application Approved 24 August 2018. 21 19/01130/AMM Erection of 183 dwellinghouses and 4 flats, formation of a vehicular access, play park, landscaping and associated works (approval of matters specified in conditions of 17/00088/IPM) (allocated site H30) Application Approved 3 June 2020.
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22 19/01373/FLL Alterations to public road, formation of vehicular access and associated works Application Approved 2 July 2020. 23 20/00096/FLL Formation of a crossing point and associated works Application Approved 3 July 2020. 24 22/00545/ADV Advertisement Consent for Display of 10 flagpoles and 4 signs Approved 17 May 2022. 25 22/00602/FLL Full Planning Permission for siting of a sales cabin and associated works (for a temporary period) Application Approved 10 June 2022. 26 23/00674/FLL Full Planning Permission for erection of 9 dwellinghouses (change of house type), alterations to road layout and landscaping works Application Approved on 3 October 2023. Consultations 27 As part of the planning application process the following bodies were consulted: External 28 Scottish Water – no comments. 29 Perth and Kinross Heritage Trust (PKHT)– no objections. Internal 30 Environmental Health (Contaminated Land) – no objections. 31 Community Waste Advisor - Environment Service – no comments. 32 Affordable Housing Enabler – no objections. 33 Transportation and Development – no objections subject to conditions. 34 Development Contributions Officer – no objections. 35 Development Plan – no objections. Representations 36 No letters of representation have been received.
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Additional Statements 37 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not applicable 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 38 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 39 The key determining policy issues for this specific proposal at this location include: the principle of the development and its contribution towards providing high quality, affordable and sustainable homes (Policy 20, 24 and 25 of the LDP2 and Policy 16 of the NPF4), liveable places (design, quality and place) (Polices 1, 2, 56-57 of the LDP2 and Policy 14 of the NPF4), impacts on/from flooding and the water environment (Polices 52 and 53A of the LDP2 and Policy 22 of the NPF4), residential amenity (Policy 17 of LDP2 and Policy 15 of the NPF4), biodiversity/ecological impact (Policies 40 and 41 of the LDP2 and Policy 3 of the NPF4) and transport (Policy 60A of the LDP2 and Policy 13 of the NPF4). 40 The principle of residential development is well established through the allocation of Site H30 in LDP2, PPP (17/00018/IPM) approved in 2018 and 19/01130/AMM for 183 dwellinghouses and 4 flats, approved in 2020. 41 The principle of residential development is thus established. It is, however, necessary to undertake an assessment of the detail of this proposal.
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Design, Layout and Visual Amenity 42 Policy 14: Design, Quality and Place, Policy 15: Local Living and 20 Minute Neighbourhoods and Policy 16: Quality Homes of NPF4 are relevant as are LDP2 Policy 1: Placemaking, Policy 14B: Open Space within New Developments, Policy 17: Residential Areas, Policy 25: Housing Mix and Policy 42: Green Infrastructure 43 The proposed revisions are as follows: Plot 100 is to be removed. Plot 96 will step out further. Bungalows proposed at plots 88/89, 93/94, 21/22, 15, 98/97/96 (10 bungalows replacing 2 storey units). Detached garages to be introduced. Visitor parking relocated from the north of plot 98 to the north of plot 80. No bungalows approved in this phase, however, bungalows approved in other phases mixed with 2 storey dwellings. Fraser HT is a 2 bed bungalow (as approved). This proposal will introduce a Fraser HT 3 bed bungalow. 44 The new proposals are for 25 private dwellinghouses and 16 affordable dwellinghouses. The affordable housetypes are to be plots 26-28, 73-84 and 99 (inclusive) and comprise a mixture of 2 and 3 bed units. The private homes comprise of a mixture of 3 and 4 bed units. 45 The approved and proposed housing mix can be seen below:
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Proposed Accommodation Schedule 46 In isolation the proposal does not comply with LDP2 Policy 25 – Housing Mix, however, looking at the breakdown of housing across the phases, a total of 16 units (2 bedrooms) meets the 10% requirement across the private tenure of the whole site (138 units). As required by Policy 25 of LDP2 this is over and above the on-site affordable provision which is 25%. The proposal therefore complies with LDP2 Policy 25. 47 In terms of LDP2 Policy 20: Affordable Housing, as noted above 25% of the total number of units proposed must be affordable housing. The proposal does not alter the provision on site. The affordable housing is to be located in the same vicinity as already approved. The proposal, therefore, complies with LDP2 Policy 20. 48 Informal discussions took place with the applicant prior to the submission of the application which have been taken on board through this submission, with the exception of revisions to the housetype for plots 16/17. It was suggested that these housetypes be amended to bungalows, to replicate plots 97/98 in order to provide a more balanced approach when entering this phase from the east. Unfortunately, this revision could not be accommodated due to site restrictions which include a drop in levels and a temporary electrical cable that runs around the perimeter of these plots and therefore there is no adequate space to accommodate bungalows. All said, having reviewed the street elevation submitted with the application, the proposal does not raise any significant concerns.
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49 In terms of materials, an acceptable palette of materials is proposed. The applicant proposes finishes of white render, buff facing brick and base course, and anthracite roof tiles. This will deliver a reasonably consistent design approach with the remaining phases and will help integrate the development into the locale. 50 The massing and scale of the dwellings can be accommodated within the plots without having an adverse impact on the amenity of each other. As a result of the site’s location at the edge of a settlement, it is considered that the proposed density is acceptable and is in line with the approved masterplan. 51 The proposed change of house types raises no adverse concerns. There is no increase in the overall number of units, to the contrary the proposal will result in a reduction of one unit. The general layout is broadly similar to that approved. 52 The revised designs remain to be commensurate with the remainder of the development and will not appear out of place. The external finishing materials are also consistent and as such will complement the rest of the development. 53 Overall, this phase is in line with the approved masterplan, phasing plan and S75 legal agreement. The proposal will provide a mix of open market housing and affordable housing within the overall site that complies with the above-named policies. Play Area 54 There is no requirement to provide a play area within this phase of the development. The play area approved under 19/01130/AMM within the central area between phases 3 and 5 of the development will remain. The delivery of the playpark condition attached to 19/01130/AMM will be re-applied (condition 7). 55 It is considered that the location of proposed open space and landscape buffers is acceptable. The proposal, therefore, complies with NPF4 Policy 21: Play Recreation, and Sport and LDP2 Policy 14 – Open Space Retention and Provision. Landscape and Visual Amenity 56 In terms of the impact on visual amenity of the area, a residential development will inevitably change the visual appearance of the area, however, the application site has been identified for residential use in the LDP, therefore this degree of change was envisaged in the site allocation and permission granted under the PPP and subsequent AMSC (19/01130/AMM). 57 The landscape plans approved or the site, as per planning approval 19/01130/AMM, sets out how the areas of landscaping will be managed and incorporated into the site. The proposed change of house types will not have a significant impact upon the approved landscaping. There will be minor changes
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to the landscaping as a result of the change of house types, however, this has been addressed in the submitted landscaping drawings. To ensure satisfactory implementation of the landscaping and subsequent maintenance, a landscaping and planting condition will be applied (conditions 6). 58 The proposed development will integrate well within the landscape and wider development and will not cause any unacceptable visual impacts. As such the proposal meets the objectives of Policies 4, 6 and 14 of NPF4 and LDP2 Policies 1, 39 and 40B with delivery of the landscaping being secured by condition as detailed above. Residential Amenity Overlooking 59 The Council's guidance generally seeks to ensure there is a minimum distance of 9m from windows to boundaries in order to mitigate overlooking from new development. Given the location of the development and the layout proposed there are not considered to be any overlooking concerns from the proposed dwellings. In this case each dwelling has a minimum of 9m deep rear gardens and more than the required 18m window to window distance required by guidance. Overshadowing, loss of sunlight and daylight 60 The Building Research Establishment (BRE) document ’Site Layout Planning for Daylight and Sunlight - a guide to good practice 1991’ sets out guidelines on how to assess the potential impact, although it should be noted that the standards are not mandatory and should be interpreted flexibly. 61 Taking cognisance of this BRE document, the distances between the new properties and site levels, it is considered an acceptable level of daylight and sunlight will be provided to each property. Overall, in terms of residential amenity the proposal complies with NPF4 - Policy 14: Design, Quality and Place and LDP2 Policy 1 – Placemaking and the Placemaking Guidance 2020. 62 Conditional control will be applied (condition 21) to limit servicing and/or deliveries to the LPG compound to protect existing amenity. The condition is worded in line with the planning approval (19/01130/AMM). Roads and Access 63 The applicant is proposing to change a number of house types within the development. The applicant has confirmed in the covering letter that this application under review does not propose any changes to the formation of the site access or internal road layout as consented – it is purely proposing changes to house types and associated plot alterations and related changes to open space and landscaping.
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64 The Council’s Transportation and Development Team were consulted as part of this application and advised that the proposal fails to provide adequate parking and some spaces were not of the required width, the latter has since been revised. 65 The applicant has shown that there is sufficient car parking on site for plots 85-98 and 15-25, however, the parking for the affordable housing plots 73-84, 99 and 26-27 sees a shortfall (20 spaces and 6 visitor spaces proposed). Each of the 16 properties require 2 spaces each. Furthermore, whilst the application proposes to make changes to the visitor parking on site, with the visitor parking relocated from the north of plot 98 to the north of plot 80, Roads colleagues have advised that there is insufficient visitor parking provided and 23 spaces is required. 66 Subsequently, a revised layout plan was provided which increases the number of parking spaces to 30 with no visitor parking proposed in this location of the site. This number, however, is an increase on what was originally approved through the AMSC application 19/01130/AMM, which proposed 22 spaces. The 6 visitor parking spaces proposed for this section of the site remains the same as previously approved, albeit 2 spaces are proposed to be relocated as noted above. 67 Whilst it is noted that the proposed parking for the affordable housing does not meet the requirements as set out in the National Roads Development Guide, the proposal provides betterment to that already approved and for that reason is accepted. 68 The roads conditions that were attached to the previous permission 19/01130/AMM will be re-applied (conditions 3, 4 and 5). 69 Overall, the proposal complies NPF4 Policy 13: Sustainable Transport and LDP2 Policy 60: Transport Standards and Accessibility Requirements. Drainage and Flooding 70 The proposed change of house types will not impact upon the drainage and flooding of the area. The drainage condition attached to 19/01130/AMM will be re -applied (condition 20). 71 The proposal complies with NPF4 Policy 22: Flood Risk and Water Management and LDP2 Policy 52: New Development and Flooding and Policy 53: Water Environment and Drainage. Waste Collection 72 The Council’s Waste Services team have not objected to the change of house types. The dwellings will receive the 4-bin system. An informative note is recommended regarding waste collection and will be attached to the permission (Informative 6). A suitable location for the provision of a recycling centre has
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been addressed through planning condition 17 of 19/01130/AMM (drawing numbers 19/01130/170 and 19/01130/06). The location of the recycling centre is in the same area as previously approved. It remains, however, that the facilities/equipment require to be maintained, which can be addressed through a reworded condition (condition 18). Conservation Considerations 73 The proposed change of house types on plots 15-28 and 73-99 will have no impact upon conservation. Natural Heritage and Biodiversity 74 The proposed change of house types will not impact upon the natural heritage and biodiversity of the area. The natural heritage and biodiversity conditions attached to 19/01130/AMM will be re-applied (conditions 9 – 15). Developer Contributions 75 The Council’s Development Contributions Officer was consulted as part of this application and confirmed that no further contributions are required as the overall number of units on the site will not be increasing. An informative (informative 6) will be added to the consent highlighting that the existing Section 75 associated with application 17/00088/IPM remains applicable. Economic Impact 76 The development of 41 dwellinghouses will provide jobs directly and indirectly during construction and, afterwards, have a positive impact through homeowners spending on local goods and services in the local economy and further afield. Both will have a positive impact on the local area. Legal Agreements 77 The site falls under the wider PPP approval 17/00088/IPM which has an associated Section 75 Legal Agreement which secures the necessary Developer Contributions including Affordable Housing. A minute of variation was undertaken through 23/00674/FLL as the agreement did not have a “future proofing” clause to accommodate for subsequent changes to the development. This has now been addressed through the minute of variation. No further action is therefore necessary for this application. Direction by Scottish Ministers 78 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.
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Conclusion and Reasons for Recommendation 79 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly the proposal is recommended for approval subject to the following conditions. Recommendation Approve the application subject to the following conditions: Conditions and Reasons for Recommendation General 1. The development hereby permitted shall be commenced no later than the expiration of two years from the date of this consent or from the date of subsequent approval of matters specified in conditions, or three years from the date of planning permission in principle, whichever is the later. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason - To ensure the development is carried out in accordance with the approved drawings and documents. Roads and Access 3. Prior to the development hereby approved being completed or brought into use, all matters regarding access, car parking, in curtilage electric car charging, road layout, design and specification, including the disposal of surface water, shall be in accordance with the standards required by the Council as Roads Authority. Reason - In the interest of vehicle and pedestrian safety and in accordance with the policies of the adopted Perth and Kinross Local Development Plan 2019. 4. The details submitted and agreed as part of condition 4 of planning permission 19/01130/AMM (drawing number 19/01130/194) with regards to Construction Traffic Management Scheme (TMS), shall be adhered to at all times to the satisfaction of the Council as Planning Authority, unless otherwise agreed in
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writing by the Council as Planning Authority. The TMS is to remain a fluid document and will be required to be updated where necessary. Reason - In the interests of road safety. 5. No part of the development shall be occupied until an updated Travel Plan, aimed to encourage more sustainable means of travel, has been submitted and approved in writing by the Council. The Travel Plan will have regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided (including the provision of new and/or enhanced public transport services), the system of management, monitoring, review, reporting and the duration of the plan. Reason - In the interests of sustainable transport. Landscaping 6. 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. Play Park 7. For the avoidance of doubt, this permission does not supersede the requirements of Condition 9 of 19/01130/AMM which requires the approved children's play area on plan reference 19/01130/131 (drawing no. SC10463-01) shall be designed, laid out and equipped in accordance with the Planning Authority's current criteria for play area provision within six months of the occupation of the first dwelling. The play area and its facilities/equipment shall thereafter be maintained. Reason - In the interests of residential amenity and to ensure the satisfactory provision and implementation of a children's play area. Environmental Impact and Biodiversity 8. The details submitted and agreed as part of condition 6 of planning permission 19/01130/AMM with regards to low and zero-carbon technologies (drawing numbers 19/01130/195 and 19/01130/196) shall be completed in accordance with the approved scheme and no individual unit shall be occupied until the scheme has been installed and operating.
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Reason - To embed low and zero-carbon technologies within the development in the interest of environmental sustainability. 9. The details submitted and agreed as part of condition 10 of planning permission 19/01130/AMM (drawing number 19/01130/194) with regards to Construction Environment Management Plan (CEMP), shall be adhered to at all times to the satisfaction of the Council as Planning Authority, unless otherwise agreed in writing by the Council as Planning Authority. The CEMP is to remain a fluid document and will be required to be updated where necessary. Reason - In the interests of protecting environmental quality and of biodiversity. 10. The conclusions and recommended action points within the supporting Biodiversity Survey, in particular Section 2.15 of the submitted Biodiversity Management Plan submitted by IMT Ecological Consultancy June 2019 and hereby approved shall be fully adhered to, respected and undertaken as part of the construction phase of development. Reason - In the interests of protecting environmental quality and of biodiversity. 11. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day. Reason - In order to prevent animals from being trapped within any open excavations. 12. The details submitted and agreed as part of condition 13 of planning permission 19/01130/AMM drawing number 19/01130/197) together with the proposed masterplan, as approved in 24/01485/AMM (drawing number 04), shall be implemented in accordance with the agreed detail and installed prior to the occupation of the relevant residential unit. A minimum of 30% of all completed two storey houses shall incorporate one bat brick and one swift brick each and shall be incorporated at eaves height and positioned appropriately. Reason - In the interests of protecting environmental quality and of biodiversity. 13. No removal of hedgerows, trees or shrubs that may be used by breeding birds shall take place between 1 March and 31 August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the Planning Authority.
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Reason - To ensure adequate protection for the trees on the site during the construction, in the interests of the visual amenity of the area. 14. All existing trees and hedgerows shown to be retained shall be protected by suitable fencing in accordance with BS5837:2012 (Trees in Relation to Construction). No materials, supplies, plant, machinery, soil heaps, changes in ground levels or construction activities shall be permitted within the protected areas without the written agreement of the Council as Planning Authority. Reason - To ensure adequate protection for the trees on the site during the construction, in the interests of the visual amenity of the area. 15. All road gullies within 500m of a waterbody or Sustainable Urban Drainage System (SUDs) pond shall have wildlife kerbs installed adjacent to the gully. Reason - In the interests of protecting environmental quality and of biodiversity. 16. The details submitted and agreed as part of condition 21 of planning permission 19/01130/AMM (drawing numbers 19/01130/136 and 19/01130/196) with regards to district heating shall be implemented in accordance with the agreed details. Reason - To allow district heating to be incorporated within the site at a future date. 17. Prior to commencement of development, details of the locations of the solar photovoltaic panels on each plot shall be submitted to the Planning Authority for written approval. Thereafter, the agreed scheme should be installed and operational prior to the occupation of each relevant unit. Reason - To ensure compliance with Perth & Kinross Council adopted Local Development Plan 2 (2019) Policy 32. Recycling Facility 18. The details submitted and agreed as part of condition 17 of planning permission 19/01130/AMM (drawing number 19/01130/06) together with the proposed masterplan, as approved in 24/01485/AMM (drawing number 04), with regards to provision of a recycling facility shall be implemented in accordance with the agreed details. The facilities/equipment shall thereafter be maintained. Reason - In the interests of environmental quality. Core Path 19. The asserted core path (STAN/117) must not be obstructed during building works or on completion of the development. Any damage done to the route and/or the associated signage during building works must be made good before the development is completed or brought into use, whichever is the earlier.
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Reason - To ensure that public access is maintained at all reasonable times, to the local path network. Drainage 20. Concurrent with the initiation of the development hereby approved and for the duration of construction, a temporary surface water treatment facility shall be implemented on site and maintained for the duration of the approved development works. The temporary surface water treatment facility shall remain in place until the permanent surface water drainage scheme is implemented. Reason - In the interests of best practice surface water management; to avoid undue risks to public safety and flood risk. Residential Amenity 21. Servicing of and deliveries to the LPG tank compound shall be carried out between 0700 and 1900 Monday to Saturday only, with no servicing or deliveries permitted on Sundays. Reason - In the interests of residential amenity. 22. All plant or equipment associated with the LPG tank Compound shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In the interests of residential amenity 23. The details submitted and agreed as part of condition 25 (dust management) of planning permission 19/01130/AMM, within the approved Construction Environmental Management Plan (CEMP) dated May 2023 (drawing number 19/01130/194), shall be implemented throughout the construction phase of the development. Reason - In the interests of residential amenity. 24. The noise and dust recommendations and mitigation measures within the updated approved Construction Environmental Management Plan (CEMP) dated May 2023 (drawing number 19/01130/194) shall be fully adhered to and undertaken as part of the construction phase of the development. Reason - In the interests of residential amenity.
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Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 4. The applicant should be advised that in terms of Section 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority consent to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environmental Protection Agency. 5. The applicant should be advised that all proposed structures supporting the road, or which the developer is intending the Council adopt, will require technical approval in accordance with the Design Manual for Roads & Bridges standard BD 2/12 (& HD 22/08 where relevant). Bridges and culverts shall also be designed in accordance with the requirements contained within Perth & Kinross Council's Developers Guidance Note on Flooding & Drainage. The developer is advised to contact Perth & Kinross Council's Structures & Flooding Team (tel 01738 475000, email structuresplanning@pkc.gov.uk) for further information and prior to commencing designs in order to ensure technical compliance.
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6. The applicant is reminded that this site is still subject to a Section 75 Legal Agreement, securing Developer Contribution requirements and other matters, as secured as part of planning permission 17/00088/IPM. This permission continues to be tied by this legal agreement and the associated requirements will continue to apply. 7. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are severe for non-compliance. 8. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 9. Hedgehogs are a key species in the Tayside LBAP and enhancing connectivity is an objective. Gardens will provide suitable habitat for hedgehogs and commuting should be made possible by creating access gaps in wooden fences 13cm x 13cm at ground level. 10. The applicant is recommended to discuss with the Council's Public Transport Unit the supply of bus services and public transport infrastructure to ensure an adequate public transport provision for the site. 11. The applicant is advised that the granting of planning permission does not guarantee a connection to Scottish Water's assets. The applicant must make a separate application to Scottish Water Planning & Development Services team for permission to connect to the public wastewater system and/or water network and all their requirements must be fully adhered to. 12. Construction work should minimise the impact on amenity to neighbouring residents, which could be achieved by limiting noise generating activities to Monday to Friday 07:00 to 19:00 and Saturday 08:00 to 13:00 with no noisy works out with these times or at any time on Sundays or Bank Holidays. 13. The stopping up or diversion of the Core Path STAN/117 is subject to agreement under Section 208 of the Town and Country Planning (Scotland) Act 1997 (as amended). All relevant approvals in this regard should be in place prior to any stopping up or diversions taking place. 14. Construction works must be undertaken in a safe manner which does not disturb the operation of the neighbouring railway. Applicants must be aware of any embankments and supporting structures which are in close proximity to their development.
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15. Details of all changes in ground levels, laying of foundations, and operation of mechanical plant in proximity to the rail line must be submitted to Network Rail's Asset Protection Engineer for approval prior to works commencing on site. Where any works cannot be carried out in a "fail-safe" manner, it will be necessary to restrict those works to periods when the railway is closed to rail traffic i.e. by a "possession" which must be booked via Network Rail's Asset Protection Engineer and are subject to a minimum prior notice period for booking of 20 weeks. The developer must contact our Asset Protection Engineers regarding the above matters, see contact details below: Network Rail Asset Protection Engineer 151 St. Vincent Street, GLASGOW, G2 5NW Tel: 0141 555 4352 E-mail: AssetProtectionScotland@networkrail.co.uk 16. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 17. This 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 parking layout. 18. 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: Displayed in a prominent place at or in the vicinity of the site of the development Readily visible to the public Printed on durable material.
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Background Papers Letters of representation 0 Authors Name Designation Contact Details Gillian Peebles Planning Officer (Majors) 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 19th February 2025