23/01101/Fll
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. 25/54) PROPOSAL: Erection of holiday accommodation apartments, formation of parking area and associated works LOCATION: Land east of Burgess Lodge, Kinloch Rannoch, Pitlochry, PH17 2QL Ref. No: 23/01101/FLL Ward No: P4 Highland Summary This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan. SEPA however maintain an objection, so any approval would need to be referred to Scottish Ministers. Background and Description of Proposal 1 The site is related to the Loch Rannoch Hotel, which lies to the northwest of Kinloch Rannoch. Particularly the proposal relates to an existing marina on Loch Rannoch, with the main hotel complex to the northeast. There are a number of timeshare properties in separate ownership to the west of the hotel, stepping up the hillside. 2 The majority of the site lies (south) below the B846 road and is currently serviced by an access down the slope. Existing buildings within the site are: a boat house, gym, staff accommodation and storage buildings, they are not traditional in design or finish with corrugated metal sheeting roofs, timber paneling and render. 3 The proposal involves the demolition of these existing buildings and the development of the site to provide a building containing holiday apartments. The proposed building is to work with the slope and thus sees the development over 4 levels of accommodation. The design and finishes are contemporary.
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4 The proposal also involves a new carpark and dedicated pedestrian links to the B846. 5 The determination of the application has been delayed, as a SEPA objection has been explored. Additional information has been submitted in an attempt to address SEPA’s their concerns, however this has not seen the objection removed. The issues are detailed in the Drainage and Flooding paragraphs below and should the committee agree with the recommendation to approve the application, a referral to Scottish Ministers would be required as there is an unresolved objection from a Statutory Consultee. Pre-Application Consultation 6 Pre application Reference: 22/00111/PREAPL 7 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 any formal pre-application consultation with the local community. Development Plan 8 The Development Plan for the area comprises National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2 (2019) (LDP2). National Planning Framework 4 9 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. 10 NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 11 The Council’s assessment of this application has considered the following policies of NPF4: Policy 1: Tackling the Climate and Nature Crisis Policy 2: Climate Mitigation and Adaptation Policy 3: Biodiversity Policy 4: Natural Places Policy 6: Forestry, Woodland and Trees Policy 13: Sustainable Transport Policy 14: Design, Quality and Place Policy 22: Flood Risk and Water Management Policy 30: Tourism
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Perth and Kinross Local Development Plan 2 12 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. 13 The principal relevant policies are: Policy 1B: Placemaking Policy 1A: Placemaking Policy 2: Design Statements Policy 5: Infrastructure Contributions Policy 8: Rural Business and Diversification Policy 9C: Caravan Sites, Chalets and Timeshare Developments: Chalets, Timeshare and Fractional Ownership Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development Policy 38A: Environment and Conservation: International Nature Conservation Sites Policy 38B: Environment and Conservation: National Designations Policy 39: Landscape Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity Policy 47: River Tay Catchment Area Policy 52: New Development and Flooding Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 53E: Water Environment and Drainage: Water Supply Policy 55: Nuisance from Artificial Light and Light Pollution Policy 56: Noise Pollution Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 14 Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2020) Supplementary Guidance - Placemaking (adopted in 2020) Other Policies 15 Non-Statutory Guidance.
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National Guidance 16 The Scottish Government expresses its planning policies through The National Planning Framework, Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. Planning Advice Notes 17 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: PAN 40 Development Management PAN 51 Planning, Environmental Protection and Regulation PAN 61 Planning and Sustainable Urban Drainage Systems PAN 68 Design Statements PAN 69 Planning and Building standards Advice on Flooding PAN 75 Planning for Transport 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. National Roads Development Guide 2014 19 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. Site History 20 No recent history of applications on the application site. Consultations 21 As part of the planning application process the following bodies were consulted: External 22 Scottish Water - No objection. Advise that there is capacity at the Water Treatment Works, but no public waste water infrastructure locally. 23 NatureScot - No objection. River Tay Specialist has no comment on proposal.
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24 Scottish Environment Protection Agency - Object. Concerns over modelling of flood risk from culverted watercourse to the northwest. Internal 25 Transportation and Development - No objection. Conditions required in relation to details of access and completion triggers. 26 Development Contributions Officer - No developer contributions applicable to this development. 27 Environmental Health (Noise Odour) - No objection. Conditions required to cover noise and construction hours. 28 Environmental Health (Private Water) - No objection Conditions required to safeguard existing supplies. Informative notes also recommended. 29 Community Waste Advisor - No objection to waste collection proposals. 30 Structures and Flooding - No objection. Conditions required to address the location and flood risk. Representations 31 80 representations were received, all objecting. The main issues raised are: Adverse effect on visual amenity Inappropriate housing density Inappropriate land use Excessive height Loss of sunlight or daylight Overlooking Flood risk Loss of trees Noise pollution Light pollution Out of character with the area Over Intensive development Road safety concerns Traffic congestion Impact on Loch/ecology/protected species Sewage odour and overloaded system Construction disturbance Littering No need for more accommodation Impact on private water supplies
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32 These issues are addressed below, with the exception of land ownership issues (not in relation to certificates which agent has confirmed), loss of a view, existing boathouse being subject to conservation order (it is not protected), impact on the investments in the existing timeshares. The letters also raise issues related to the impact or reduction of availability of hotel amenities which is not a planning matter. Additional Statements 33 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 e.g. Flood Risk Assessment Submitted – Drainage Assessment, Flood Risk Assessment, Preliminary Ecological Assessment Report Appraisal 34 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 and the Perth and Kinross Local Development Plan 2019. 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 35 Loch Rannoch Hotel and its associated grounds are included within Kinloch Rannoch’s settlement boundary, as defined in the Perth & Kinross Local Development Plan 2 (PKLDP2). The PKLDP2 supports further sustainable economic growth with the boundary containing Loch Rannoch Hotel, which is zoned for tourism use. 36 The principle of development is also considered under NPF4 Policy 30 Tourism along with LDP2 Policy 17 Residential areas (as the site is within the settlement boundary) and Policy 9: Caravan Sites, Chalets and Timeshare Development. 37 NPF4 Policy 30 Tourism criterion a) supports proposals for extended tourist facilities in locations identified within the LDP. It further notes a number of
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criteria that will apply; that a contribution is made to the local economy, that the use is compatible with the surrounding area, that it doesn’t detrimentally impact communities, gives opportunities for sustainable travel, has accessibly for disabled people, that measures are taken to minimise carbon emission and that opportunities are provided for access to the natural environment. 38 LDP2 Policy 17 supports tourism proposals within settlements where residential amenity if protected and where development is compatible with the amenity and character of the area. 39 LDP2 Policy 9C refers to chalet and timeshare/fractional ownership developments and states that favourable consideration will be given where these cannot be used as permanent residences. It goes on to provide criteria for development proposals to satisfy and indicates that the expansion of an existing hotel offering will be supported. The criteria requires that a proposal doesn’t involve overdevelopment of a site or its setting and meets a specific need by virtue of its quality or location in relation to existing tourism facilities. 40 In this instance the proposal involves an expansion of an existing well established hotel offer and therefore the principle of extending the level of accommodation across the wider site, given the facilities already available, is considered acceptable and in accordance with the requirements of NPF4 and LDP2. Condition 3 is recommended to ensure each unit is solely used as holiday accommodation only and not as a permanent residence. Design and Layout 41 The development is contained to the footprint of the existing marina buildings which range from a large low pitch storage shed with single storey links to a 1 ½ storey boathouse. The existing finishes of these buildings are a mix of timber cladding, concrete, render and profiled sheet roofs. The supporting statement notes these buildings as redundant, but site visits indicate they are in use but perhaps in need of improvement. 42 The proposal is to demolish these buildings and develop a single building. This containing 14 x one bedroomed units, 4 x two bedroomed units, 2 x three bedroomed maisonette units and 2 x one bedroomed staff units. 43 The proposed building has a large footprint over 4 floors, with 2 of the flats accommodating an internal mezzanine. The roofline features a series of gables bridged by a flat roof sections with a louvred wall finish. The use of these gable- ends and flat roof section, with associated material changes, has broken up what could have been a large roof mass and gives the appearance of a series of interlinked buildings.
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44 The south elevation faces the marina; it incorporates a raised ground floor deck which working with site levels provides cycle storage underneath. This elevation also features balconies to all 1st and 2nd floor units. The north elevation faces the public road, which sits at a higher level than the marina. Thus, from that public road the building has a two-storey building appearance. On the north elevation an access platform will provide entry to the accommodation and introduces an active frontage linking to the hotel, which lies elevated to the northeast. In addition to a timber finish the building has an anthracite standing seam roof, louvre and buff stone cladding. 45 The resultant building is taller than the existing Marina buildings, but it is considered the design and material finish, when combined with the rising existing timeshare development which steps up the hillside, results in a development which complements existing buildings and enhances the marina. 46 As such, the proposal accords with NPF4 Policy 14 Design, quality and place, and LDP2 Policies 1A and 1B Placemaking and the supplementary placemaking guidance. Landscape 47 The application site is within the Loch Rannoch and Glen Lyon National Scenic Area (NSA), Loch Rannoch Special Protection Area (SPA) and the River Tay Special Area of Conversation (SAC). 48 A Landscape Visual Impact Assessment (LVIA) has not been requested as the site has been previously developed and is set in front of existing built development on the hillside, all of which is very prominent in the landscape. The proposal is also supported by a design statement, visualisations and detailed site sections which are considered adequate in considering the impact of the proposal on the landscape. In addition, NatureScot have been consulted and have not raised any landscape impact concerns. 49 The proposed building is on the footprint of existing buildings and, although the development is higher, the design features a series of gables which reduces the roof mass and the overall visual impact. Additionally, the use of a natural material palette, which is mainly timber, and the setting against the backdrop of the white timeshares which extend up the hillside, all significantly reduces the landscape impact. 50 The proposal is therefore considered to comply with Policy 38B National Designations, Policy 39 Landscape of LDP2 and Policy 4 Natural Places of NPF4.
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Residential Amenity 51 There is only one residential property, which lies to the west. The impact on the amenity of this property has been taken into account. However, it is noted that the majority of objections are from owners of timeshare properties to the north. These units are in the same use as the proposal, holiday accommodation, and it is thus considered that any noise from the operation of the lodges would not be different to that which already exists as a result of the existing holiday/tourist/hotel operations. 52 The existing dwelling to the west shares the access. The intervening distance between the new building and the dwelling is 35m and this is considered adequate to mitigate any impacts from the proposed building in terms of overlooking and overshadowing. 53 There is no supporting information supplied in relation to the proposed Air Source Heat Pumps. However, it is noted that these are to be located within the enclosed stairwell of the building. Given the distance and positioning internally, acceptable levels should be achievable for airborne noise. The standard plant noise condition is to be attached. (Condition 4) 54 As the development is for holiday accommodation units, there may be a requirement for a licence under the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022. If a licence is required, noise conditions will form part of the licence. If a licence is not required, the applicant should ensure that there is good management in place to control noise generating activities, including user noise to ensure that residential amenity of the neighbouring residential property is not affected. 55 Overall, the proposal is considered acceptable in terms of the residential amenity of neighbouring properties in accordance with the placemaking policies 1A and 1B. Light Pollution 56 Policy 55 of LDP2 states that consent will not be granted for proposals where lighting would result in obtrusive or intrusive effects. The plans indicate low level Lighting, but to ensure that the details are fully agreed with an appropriate scheme a condition is recommended (Condition 15). Roads and Access 57 The applicant is proposing to provide 24 cycle lockers under the decking areas at the front of the apartment blocks. A condition is recommended to ensure their installation prior to completion or the first use of the units. (Condition 18)
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58 The development will have 24 car parking spaces, two of which are of ‘disabled’ design. Additional car parking is also available at the hotel car park, which will be linked via a new footway or through the new level access from the B846 to the upper floors. 59 The new footway route goes to the car park along the edge of the public road and includes a number of structures that may impact the route, although an indicative design has been submitted. A detailed design, showing the construction of the footpath, shall be provided prior to the commencement of works on site. (Condition 19) 60 The applicant is proposing to undertake works to the vehicle access, a diagram to show the visibility splay has been provided - 70 metres left and right. A condition is recommended to ensure its implementation. (Condition 17) 61 As such, the current proposal is acceptable in terms of roads and access, according with NPF4 Policy 13: Sustainable transport and LDP2 Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals. Construction Period 62 With a project of this scale and within a remote rural location construction impacts must be considered. However, all developments have a level of impact during construction, and this is not the same as long-term impacts of the end development/use. In this case it is considered that a Construction Traffic Management Plan should be put in place to mitigate and manage potential impacts (Condition 16). In addition, construction hours can be controlled to limit the hours of noisy work (Condition 5) Drainage and Flooding Flooding 63 The application site forms part of the hotel complex and within the same wider Class 7 Hotel Use. The original reason for consultation to SEPA was due to the map layers showing flood risk from Loch Rannoch. Through the submission of additional information including finished floor levels the loch flood risk was addressed. However, an unnamed burn to the northwest required further consideration. 64 The modelled/theoretical flood extents for a 1 in 200 year + climate change event indicate that most of the site is at flood risk from the western watercourse, which is culverted at two points. This risk whether there is a structural blockage or not. The western watercourse is not fully within the applicant’s land ownership and the culverted section(s) fall within the adjacent timeshare development (not
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owned by the applicant). SEPA state that this implies that the site is not suitable for this development under Policy 22 of NPF4, as the development type is not considered to be an exception under Policy 22 (a) and is within the flood risk area. 65 The proposals existing and proposed use class is considered to be, Class 7: Hotel as it forms part of the Loch Rannoch Hotel complex. The applicant has also provided further information in relation to the existing use of the site and has shown that two existing ground floor units have been used as staff accommodation. In terms of NPF4 Policy 22 (a) it is thus considered that the proposal would fall under part iii) of the policy, as it is the redevelopment of an existing building or site for an equal or less vulnerable use. SEPA state that this application would increase the overnight room use to 20 units and that redevelopments are an opportunity to reduce risk as far as possible. Due to the increase in vulnerability, taken to mean the intensity of use, they consider that the flood risk area must be avoided. 66 Policy 22 however refers to equal or less vulnerable uses, not intensification of use. In this case the development encompasses the same footprint of building as the existing and measures have been put in place in terms of finished floor levels to reduce the risk. 67 As part of proposals, a flood water channel raised along the access road into the site had been suggested to divert flood water however this would not be supported by SEPA and could see issues in relation to proximity to the public road. However, it is still considered that further details on road construction could be conditioned to provide enhanced drainage (Condition 21). 68 The council Flood Team have reviewed the SEPA consultation responses and confirm that they have no objection to the proposals. They consider it to meet Policy 22 (a) (iii) redevelopment of an existing site for an equal or less vulnerable use. They request that measures are put in place due to the flood risk. These include flood plans, flood resilient materials and the measures set out in the FRA which included that all proposed development is set at a minimum level of 208.9m AOD, providing a suitable freeboard above the estimated flood level. Flood mitigation measures such as raising of electronics, sealing of cable entry points, and use of robust construction materials should all be considered and this is set out in recommended conditions. (Condition 7, 8 and 9). Whilst it is accepted that SEPA object on the basis of NPF4 Policy 22, it is considered that the proposals meet the policy requirements and that flood risk issues can be addressed via design and conditions with no increased vulnerable use introduced. As such it is considered that there is no conflict with NPF4 Policy 22.
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Foul drainage 69 The majority of representations raise the issue of odour from the existing drainage system and lack of capacity. The sewage maintenance costs at the site are split 69/31 between LRHC and the Hotel (including all leisure facilities). However, this seems to be an existing issue rather than one caused or which would be automatically exacerbated by the proposal. 70 The submitted Drainage Impact Assessment (DIA) has confirmed that the smell experienced related to a specific problem that would be resolved with a full emptying and replacement of the “active sludge”. The smell is not due to current capacity. 71 For the proposed apartments, the drainage consultant has recommended a new treatment plant. This is to be located beside the existing system to the east of the new building. A plan has been provided to show the location. 72 An open SUDS pond would not be an option, so the proposal is to install storage beneath the new parking areas. To provide suitable stability it is proposed to use Polystorm Cellular Storage crates, or similar approved, to manage the runoff from both the building and parking areas. 73 As such, it is considered that the proposal accords with the intent of NPF4 Policy 22 Flood risk and water management and LDP2 Water Environment and Drainage Policies 53B Foul Drainage, 53C Surface Water Drainage, and 53E Water Supply. Waste Collection 74 The site is already served by a waste collection service and a bin storage area is shown on the plans, adjacent to the B846. The construction of a new bin storage area and collection point will require consents to be in place to tie into the public road network for the construction of the vehicle access. Natural Heritage and Biodiversity 75 A Preliminary Ecological Appraisal Report (PEAR), which included a summer site visit, has been submitted in support of the application. 76 In respect of protected species, the types of buildings on site are not commonly used for roosting bats and have low potential. The site furthermore has low potential for other mammals, but could be a commuting habitat. There are otter records within 2km and the foreshore provides suitable transitory and commuting habitat. The PEAR notes a number of mitigation measures for protected species, including: scheduling works to avoid otter breeding season, etc. This can be covered in a condition for a Construction Method Statement CMS (Condition 12).
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There are also a number of Biodiversity Enhancements suggested within the PEAR and this can be covered by condition. (Condition 13) 77 The site otherwise comprises of a large area of hardstanding and grassland. There are trees on the perimeter, two centrally positioned trees (birch and rowan) are to be removed and a number of others (mainly ash with extensive dieback) on the periphery are to be felled. The new drainage system (which is essential) may have an impact on a further two trees, Condition 14 is recommended to ensure that prior to the commencement of development further information about these trees is provided and an approach agreed. 78 The site falls within a blanket Ancient Woodland zoning, however site specific review of the area affected has found that it has been extensively developed in the past. With the areas proposed to be developed having seen disturbance, such that they would not in themselves qualify as ‘Ancient Woodland’. The building is within existing building footprints and the proposed carpark impacts an area of managed grass/lawn. The trees to be felled are birch, rowan and ash (with dieback) and their removal is not considered to have any significant impact on ‘ancient woodland’ or the wider blanket designation, which also incorporates the wider hotel and timeshare complex. This as it is considered that the site in itself does not qualify as Ancient Woodland, nor would any ancient or veteran trees be affected. In addition, there would be no negative ecological impacts, with biodiversity enhancements and compensatory tree planting secured via Condition 13. 79 The proposal complies with LDP2 Policy 40 and 41 and Policy 3 and 6 of NPF4 subject to the inclusion of conditions to protect trees and secure biodiversity enhancement. Developer Contributions 80 There are no developer contributions applicable to the site. Economic Impact 81 The proposal provides additional tourist accommodation increasing the choice of accommodation at the hotel and potential employment opportunities. This is likely to create a positive economic impact. There is also likely to be some short-term economic gain from the construction phase of the development. Variation of Application Under Section 32a 82 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 provide an additional septic tank within the site.
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Planning Obligations and Legal Agreements 83 None required. Direction by Scottish Ministers 84 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 85 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. 86 Accordingly the proposal is recommended for approval subject to the following conditions. Although this will require a referral to Scottish Ministers, given the objection from a statutory consultee (SEPA). Recommendation Approve the application 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 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.
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3. The development hereby approved shall be used solely for holiday accommodation and shall not be occupied as the sole or main residence of any occupant. Reason - In order to clarify the terms of the permission; to control and restrict the use of the building. 4. 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. 5. 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 (as identified by Scottish Government). Reason - In order to safeguard the residential amenity of the area. 6. Prior to the commencement of the development hereby approved, details of the location and measures proposed for the safeguarding and continued operation, or replacement, of any septic tanks and soakaways, private water sources, private water supply storage facilities and/or private water supply pipes serving properties in the vicinity, sited within and running through the application site, shall be submitted to and approved in writing by the Council as Planning Authority. The subsequently agreed protective or replacement measures shall be put in place prior to the commencement of the development being brought into use and shall thereafter be so maintained insofar as it relates to the development hereby approved. Reason - To ensure existing water and drainage infrastructures are not compromised. 7. The development hereby approved shall be constructed so as to be flood resilient in order to reduce the extent of potential flood damage and thereby reduce repair costs and speed up building restoration should a flood event occur. Reason - The site is located within the 1/200 (0.5% AEP) flood extent and therefore has a medium to high risk of flooding. 8. Prior to the commencement of development a Flood Action Plan shall be prepared for the site and submitted for the agreement in writing of the Planning Authority in consultation with the Council's Structures and Flooding Section. This should detail access and egress arrangements during a flooding event.
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Reason - The site is located within the 1/200 (0.5% AEP) flood extent and therefore has a medium to high risk of flooding. 9. The measures identified in the Flood Risk Assessment to prevent flooding of the site, approved as part of this permission, shall be fully implemented. Verification that the scheme has been fully implemented must be submitted to the Council as Planning Authority prior to completion or the bringing into use of any part of the development, whichever is the earlier. Reason - The site is located within the 1/200 (0.5% AEP) flood extent and therefore has a medium to high risk of flooding. 10. 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. 11. Prior to commencement of development a detailed plan for the installation of the new foul drainage system shall be submitted to and agreed in writing by the Council as Planning Authority. The plan shall include tree protection measures, any tree removal details and arboricultural assessment if required. The plan as agreed shall be fully implemented as part of the planning permission. Reason - To ensure the provision of effective drainage for the site and to protect existing trees. 12. Development shall not commence until a detailed Construction Method Statement (CMS) has been submitted to the Council as Planning Authority and agreed in writing. The CMS must identify measures to prevent harmful materials entering the River Tay SAC, which could reduce water quality and lead to a damaging impact on the salmon, otter and lamprey interests. The CMS should include the following: (a) pollution prevention safeguards including drainage arrangements and the possible use of siltation traps, settlement tanks and bunds (b) storage and disposal of materials including the siting of stock piles, use of buffer strips and disposal methods. (c) construction site facilities including extent and location of construction site huts, vehicles, equipment, fuel, chemicals and materials compound (d) timing, duration and phasing of construction particularly in relation to otter breeding season. The CMS and mitigations as agreed shall be fully implemented as part of the planning permission.
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Reason - In order to ensure the development does not impact negatively on the nearby Special Area of Conservation. 13. Prior to the commencement of development a biodiversity enhancement and new tree planting scheme reflective of the conclusions and recommended action points within the Preliminary Ecological Appraisal Report (PEAR) Biodiversity Net Gains enhancements submitted (by ROAVR dated August 2023 plan ref 18 relates) shall be submitted to and agreed in writing by the Council as Planning Authority. The scheme as agreed 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. 14. Prior to the commencement of any works on site, all trees on site (other than those marked for felling on the approved plans or those agreed under condition 11) 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 - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 15. Prior to the installation of any external lighting, the details of all external lighting shall be submitted for the written agreement of the Council as Planning Authority. The scheme shall include details of light spill, brightness of the lighting and the proposed hours of operation. The agreed lighting scheme shall be implemented and maintained in full accordance with the agreed scheme. Reason - In order to safeguard the residential amenity of the area. 16. 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: (a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; (b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when re-fuse collection is undertaken, on Sundays and during local events; (c) a code of conduct for HGV drivers to allow for queuing traffic to pass; (d) arrangements for liaison with the Roads Authority regarding winter maintenance;
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(e) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; (f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; (g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; (h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; (i) details of information signs to inform other road users of construction traffic; (j) arrangements to ensure that access for emergency service vehicles are not impeded; (k) co-ordination with other significant developments known to use roads affected by construction traffic; (l) traffic arrangements in the immediate vicinity of temporary construction compounds; (m) monitoring, reporting and implementation arrangements; (n) arrangements for dealing with non-compliance; and (o) details of HGV movements 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. 17. Prior to the commencement of the development hereby approved, full visibility splays of 70 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 obstruction, including signs, within the splays greater than 1.05 metres in height shall be removed and relocated outwith the splays. Once formed, the visibility splays shall be permanently retained thereafter, and no visual obstruction above 1.05 metres 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. 18. Prior to the development hereby approved being completed or brought into use, the car parking, motorcycle parking and cycle parking as shown on the approved plans, shall be implemented in accordance with the approved de-tails to the satisfaction of the Council as Planning Authority. Once provided, the car, motor cycle and cycle parking shall thereafter be permanently retained as such.
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Reason - To ensure a suitable level of off street car and motor cycle parking for the development and to encourage active travel and meet advice within Scottish Planning Policy on transport. 19. Prior to commencement of any development on site, a detailed design showing the construction of the footpath, shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The footpath, 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 (23/01101/FLL). Reason - In the interests of road safety; to ensure an acceptable standard of construction adjacent to the public road network 20. Prior to the development hereby approved being completed or brought into use, the vehicular access for the bin collection area shall be formed in accordance with Drawing Number 03. The vehicle access shall be of Type A Road construction detail for Access Types A and B. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 21. Prior to commencement of any development on site, a detailed design showing the road drainage of the access road to the south of the B846 shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority and Flood Team. The details 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 Reason - The site is located within the 1/200 (0.5% AEP) flood extent and therefore has a medium to high risk of flooding. 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 This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan. SEPA however maintain an objection, and as a statutory consultee any approval would need to be referred to Scottish Ministers.
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Informatives 1. Records indicate that at least part of the proposed development site lies within a radon affected area where the measurement/monitoring of radon gas and the installation of mitigation measures may be required. Further information on radon gas and the associated reports that can be obtained is available at www.ukradon.org and at http://shop.bgs.ac.uk/georeports/. 2. 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. 3. 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. 4. No work shall be commenced until an application for building warrant has been submitted and approved. 5. Part of the approved development includes holiday accommodation or Short-term Let accommodation (STL). The developer is advised that holiday accommodation and STLs require to be licensed under the terms of Article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-terms Lets) Order 2021 and therefore a licence application should be made to Perth and Kinross Council prior to operation commencing. Further information and application forms are available at https://www.pkc.gov.uk/shorttermlets. 6. The applicant should ensure that any existing wayleaves for maintenance or repair to existing private water supply or septic drainage infrastructure in the development area are honoured throughout and after completion of the development. 7. The applicant shall ensure the private water supply for the dwellinghouse/ development complies with the Water Scotland Act 1980 (Section 63), The Private Water Supplies (Scotland) Regulations 2006 and The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. Detailed information regarding the private water supply, including the nature, location and adequacy of the source, any storage tanks/ pipework and the filtration and disinfection treatment proposed to ensure provision of an adequate and
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consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above Act and Regulations. 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 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 guide. 10. 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. Letters of representation 80 Authors Name Designation Contact Details Joanne Ferguson Planning Officer 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Kristian Smith Service Manager 27 February 2025