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24/01713/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. 25/56)
PROPOSAL: S42 Application to vary conditions 1, 4 and 5 (duration, acoustics,
noise) and deletion of condition 3 (fence) of permission
22/00334/FLL
LOCATION: Crieff Hydro Hotel, Ferntower Road, Crieff, PH7 3LQ
Ref. No: 24/01713/FLL
Ward No: P6- Strathearn
Summary
This report recommends approval of the application as the development is considered
to comply with the relevant provisions of the Development Plan and there are no
material considerations apparent which outweigh the Development Plan.
Background and Description of Proposal
1 The application is seeking to vary conditions 1, 4 and 5 (temporary period of
approval, acoustic insulation of enclosure and further Noise Impact Assessment
and any mitigations required) and deletion of condition 3 (requirement for
acoustic fence) of permission 22/00334/FLL. The planning permission for the
erection of a shelter building and acoustic fence, formation of clay pigeon
shooting range and earth bunds (in part retrospect) was conditionally approved
by this Committee on the 14th of September 2022s
2 The site lies c.1.3km north of the main hotel buildings at Crieff Hydro, within a
rural upland area and where there are other ancillary hotel leisure uses such as:
golf, crazy golf, zip line and rope courses, etc.  Works had commenced in 2022
on the development prior to the submission of the application, with the formation
of earth bunds and the erection of a shelter building. To date no clay pigeon
shooting has been undertaken at the site, other than for noise testing purposes.
3 The conditions applied to be varied by this application are:
4 Condition 1: Permission is hereby granted for a limited period until 22 September
2025.

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5 Condition 4: No clay pigeon shooting is hereby permitted on this site until the
enclosure from which shooting will take place has been acoustically insulated in
accordance with drawing 05 such that the walls, roof, and external wing walls of
the enclosure have been clad with noise insulating material, the details shall be
first submitted to and approved in writing by the Planning Authority in
consultation with Environmental Health.
6 Condition 5: Within one month of the completion of the following mitigation
measures; acoustic insulation of the shooting enclosure and erection of acoustic
fence at the approved locations; a Noise Impact Assessment shall be undertaken
by a suitably qualified person and the Report submitted to, and approved in
writing by, the Planning Authority. The Report shall summarise the findings of the
Noise Impact Assessment and make recommendations for further mitigation
works if the noise of shooting is found to be over 55dB at the nearest noise
sensitive property. Once approved, any required mitigation must be implemented
in accordance with the approved details within 30 days, unless otherwise first
agreed in writing by the Planning Authority.
7 The following condition is to be deleted:
8 Condition 3: No clay pigeon shooting is hereby permitted on site until a 1.5-metre
-high acoustic fence is installed in line with the recommendation of Noise
Assessment L-8112C-DJC-RGM dated 20 January 2022 and drawing No 04 and
07.
9 As part of the consideration of this application all conditions will be reviewed to
ensure they are still accurate and relevant.
Site History
10 19/01181/FLL A planning application for the erection of shelter building,
formation of clay pigeon shooting range and earth bunds (in retrospect) was
withdrawn on 30 August 2019.
11 22/00334/FLL Full planning permission was approved on 23 September 2022 for
the erection of a shelter building and acoustic fence, formation of clay pigeon
shooting range and earth bunds (in part retrospect).
Pre-Application Consultation
12 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.

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Development Plan
13 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
14 The National Planning Framework 4 (NPF4) is the Scottish Government’s long-
term spatial strategy with a comprehensive set of national planning policies.  This
strategy sets out how to improve people’s lives by making sustainable, liveable
and productive spaces.  NPF4 has an increased status over previous NPFs and
comprises part of the statutory development plan.
15 The Council’s assessment of this application has considered the following
policies of NPF4:
 Policy 3: Biodiversity
 Policy 23: Health and Safety
 Policy 30: Tourism
Perth and Kinross Local Development Plan 2019
16 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.
17 The principal relevant policies are, in summary;
 Policy 1A: Placemaking
 Policy 1B: Placemaking
 Policy 8: Rural Business and Diversification
 Policy 41: Biodiversity
 Policy 56: Noise Pollution
Statutory Supplementary Guidance
18
 Supplementary Guidance - Placemaking (adopted in 2020)
PKC NON-STATUTORY GUIDANCE
19 Planning Guidance - Planning & Biodiversity

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National Guidance
20 The Scottish Government expresses its planning policies through Planning
Advice Notes, Creating Places, Designing Streets, National Roads Development
Guide and a series of Circulars in addition to NPF4.
Consultations
21 As part of the planning application process the following bodies were consulted:
External
22 East Strathearn Community Council: Object to the proposal, raising issues
related to neighbour notification and complexity of reports.
Internal
23 Environmental Health (Noise Odour): No objection to proposal conditions
recommended to cover noise, mitigation and hours of operation.
Representations
24 16 representations were received 15 objection and 1 in support, the main issues
raised are:
25 Objections
 Noise Pollution
 Existing conditions should not be removed
 Measurement point from consultants not acceptable
 NIA not acceptable
 Impact on access
 Negative impact on biodiversity - also dogs/horses
 Negative impact on existing businesses
 Impact on health
 Contrary to Development Plan Policy
 Out of Character with the Area
 Road Safety Concerns
26 Support
 Economic benefits of proposal
27 These issues are addressed in the Appraisal section of the report.
28 Other non-material considerations.

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29 Neighbours have requested notification of when shoots would take place and
what regulations there are in relation to this.  However, there are no related
planning regulations and as such it would not be appropriate to apply a planning
condition relating to these issues. The objectors may wish to discuss these
matters directly with the applicant. 
30 Complaints have also been raised regarding the neighbour notification process,
however the Council have undertaken neighbour notification in line with the
relevant Regulations, set by the Scottish Government.
31 Devaluation of property is not a material planning consideration.
32 Concerns were raised in relation to the applicants' statements on land ownership
wrong, however this has been corrected, and it was confirmed that the error did
not have alter the neighbour notification undertaken or how the application was
advertised.
Additional Statements
33 Screening Opinion EIA not required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment under Habitats
Regulations
Habitats Regulations Appraisal -
AA not required
Design Statement or Design and Access
Statement
Not required
Report on Impact or Potential Impact e.g.
Flood Risk Assessment
Submitted
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, 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
35 The proposal is related to the existing leisure and tourist-related operations at
Crieff Hydro Hotel.  In addition, the principle of the development, with conditional
control, has already been considered acceptable and approved.

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36 The Local Development Plan is unchanged from the last approval however NPF4
has been adopted and forms the most up to date planning policy position. 
37 The policies in relation to the principle of development have significantly changed
between LDP2 and NPF4.  NPF4 Policy 30: Tourism supports the growth of the
tourism sector, with required considerations including the compatibility with the
surrounding area in terms of the nature and scale of the activity   Also relevant is
NPF4 Policy 23: Health and Safety – where part e) in relation to noise is covered
in more detail below.
Conditions
38 Condition 1 Permission is hereby granted for a limited period until 22
September 2025.
39 The existing permission was granted for a limited period of 3 years, from the date
of the decision, to allow a review of the operation after 3 years of activity. 
However, as shooting has not yet taken place, with the interim period seeing
further work undertaken to refine the operation and to address the areas of
concern further - seeing updated information submitted.  In this context it is
considered appropriate that, with the appropriate conditional control, the time
period associated to any new planning permission should be of the same
duration. The time limit shall therefore be extended until 30th September 2028 as
the current temporary permission expires in September this year. (Condition 1).
40 Condition 2 Noise from operations on site shall not exceed L A90,1 hour
background noise level plus 5dB (A) when measured at any residential property.
41 No change is required to this condition, as is still required necessary to set a limit
on noise from operations on the site. (Condition 2)
42 Condition 3 No clay pigeon shooting is hereby permitted on site until a 1.5-
metre-high acoustic fence is installed in line with the recommendation of Noise
Assessment L-8112C-DJC-RGM dated 20 January 2022 and drawing No 04 and
07.
43 The applicant has submitted an updated Noise Impact Assessment (NIA), dated
30 May 2024 and undertaken by RMP acoustic consultants.  This saw
assessment of noise without some of the mitigation measures set out in the
conditions associated to 22/00334/FLL: particularly the 1.5 metre and the
acoustic lining of the shooting enclosure which have not been completed.
44 The NIA was to assess noise testing from the site with the use of Hushpower
shotguns (20 and 12 gauge) with silencers and ‘low noise’ cartridges. The only
mitigation measure in place was the existing bund, which had been raised in
2023 to 127cm, previously top of bank was 125cm.

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45 The commissioning testing was conducted on Friday 17 May 2024 and three
sound level meters were used, one at each of the closest noise sensitive
receptors: NSR 1, Hosh Farmhouse; NSR2, Aberturret House ‘cottages’: and one
within the shooting hut.
46 The Environmental Health Officer has noted that some letters of representation
raise concerns with regards to the NSR 2 location, which was approximately 20m
west of Barvick Burn.  However, this is the same location used in the previous
Noise Impact Assessment (June 2020) when LA90 was 49.4dB, whereas this NIA
saw the level of LA90 46dB. The assessment also clearly states that the levels
measured at the location are not at the residential property itself.  The consultant
has also conducted the assessment in line with relevant guidance and applied an
adjustment calculation for Shooting Noise Level (SNL), due to the objectively
higher ambient noise level at NSR2.
47 The shooting noise levels measured at the NSRs in relation to to 20 Gauge guns
(SNL) saw the following measurements: at NSR1 (Hosh Farmhouse) 44dB and
NSR2 (Aberturret) 50dB; whilst for 12 Gauge (SNL) the recorded levels at NSR1
were 45dB and at NSR2, 51dB. 
48 These SNLs are below the CIEH guideline level of 55dB and comply with the
BRE 1997 research which states that “at shooting noise levels below the mid
50dB(A) there is little evidence of significant levels of annoyance at any site.”
49 The NIA states that the shots were subjectively audible but not deemed intrusive
at either NSR 1 or 2.  It also stated the measurement position at the NSR2 was
closer to the shooting position than the residential property and therefore the
SNL at the property would be slightly lower than set out. It also stated that the
dominant wind direction is south-westerly, which when prevailing would further
reduce the noise levels at the closest NSR assessed.
50 It is therefore considered that the NIA has demonstrated that the various
mitigating measures: increase in bund height, use of silencers and low noise
cartridges, would see the originally applied condition 3 (1.5 metre acoustic fence)
no longer required. As such it is agreed that the condition can be removed.
51 Condition 4 No clay pigeon shooting is hereby permitted on this site until the
enclosure from which shooting will take place has been acoustically insulated in
accordance with drawing 05 such that the walls, roof, and external wing walls of
the enclosure have been clad with noise insulating material, the details shall be
first submitted to and approved in writing by the Planning Authority in
consultation with Environmental Health.
52 The NIA has demonstrated that condition 2 (noise levels) can be achieved
without the shooting enclosure being acoustically insulated, although this is
required by condition 4 of the existing planning permission.  However, the
applicant has stated within the supporting statement and shown on the plans
submitted with this application that they still intend to carry out the shooting

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enclosure sound insulation. However, the condition will need to be reworded to
cover the new plan number. (Condition 3)
53 Condition 5 Within one month of the completion of the following mitigation
measures; acoustic insulation of the shooting enclosure and erection of acoustic
fence at the approved locations; a Noise Impact Assessment shall be undertaken
by a suitably qualified person and the Report submitted to, and approved in
writing by, the Planning Authority. The Report shall summarise the findings of the
Noise Impact Assessment and make recommendations for further mitigation
works if the noise of shooting is found to be over 55dB at the nearest noise
sensitive property. Once approved, any required mitigation must be implemented
in accordance with the approved details within 30 days, unless otherwise first
agreed in writing by the Planning Authority.
54 Given that it has been demonstrated that the operation of the shooting range
would not cause unacceptable impact without the stated mitigations in the
existing condition, such that the mitigations are not required, the condition is no
longer necessary.  Although the applicant has agreed to install the sound
mitigation to the hut, providing mitigation beyond what is required to meet the
relevant noise standards.  Therefore, this condition can be deleted. Conditions 2
and 7 remain in place and are adequate to control noise. 
55 Condition 6 No clay pigeon shooting shall take place on the site other than
between the hours of 10:00 to 17:00 hours Monday to Friday and 11:00 hours to
17:00 hours Saturday and Sunday.
56 This condition would remain to control the hours of operation. (Condition 4)
57 Condition 7 No clay pigeon shooting shall take place unless and until the
exclusion zone is clearly marked out on site, and warning signs are erected on
the access track to the site, details of which shall first be approved in writing by
the Planning Authority. Thereafter, the approved scheme shall be implemented
prior to the first use of the development and retained in place for the duration of
the use of the land for clay target shooting.
58 This condition will remain to ensure that the safety exclusion zone is provided.
(Condition 5)
59 Condition 8 Only low noise cartridges as referenced in the Noise Impact
Assessment (plan ref 09) shall be used for the clay pigeon shooting and all
shooting at the site must be within the shooting enclosure at all times.
60 To remain with condition reworded to include guns with silencers and updated
report numbers. (Condition 6)
61 Condition 9 In the event of a justified noise complaint being received by the
Council the operator shall, at its own expense, employ a consultant approved by
the Planning Authority to conduct a noise assessment to verify compliance with

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the CIEH men shooting noise level below 55dB(A) and condition1 above. The
assessment will be conducted to an appropriate methodology agreed in writing
with the Planning Authority. If the noise assessment shows that the noise levels
do not comply with CIEH 55dB or condition 1, a scheme of noise mitigation shall
be included with the noise assessment, specifying timescales for the
implementation of the scheme, and shall be submitted to the Planning Authority
with 28 days of the assessment. The mitigation scheme shall thereafter be
implemented in accordance with the approved scheme and timescales.
62 This condition will remain in the case that any issues arise when the
development is in operation.  (Condition 7)
Natural Heritage and Biodiversity
63 It has been noted that the proposal could impact protected species. However,
there are no further physical site works to be undertaken, other than the
insulation of the shooting enclosure which is not considered to impact on any
habitats.
64 The noise generated from the activities could have an impact, however the wider
area is characterised by leisure uses which generate nose.  These types of
activity and associated noise levels are not unusual within rural areas across
Perth and Kinross and the impacts on protected species are likely to be
negligible.
Roads and Access
65 There is an existing rough track to the site with guests taken to the facility in an
off-road type of vehicle.
Economic Impact
66 The supporting statement details that the proposal will create the equivalent of
three full-time jobs. The proposal will also contribute to the leisure offering the
hotel providing more choice in the facilities offered.
Variation of Application Under Section 32A
67 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 were required due to errors at the validation stage in
identifying the correct plans which related to the condition revisions/deletion.
Planning Obligations and Legal Agreements
68 None required.

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Direction by Scottish Ministers
69 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
70 To conclude, the application must be determined in accordance with the
Development Plan unless material considerations indicate otherwise. In this
respect, the proposal is considered to comply with NPF4, and the adopted Local
Development Plan 2 (2019).  Account has been taken account of the relevant
material considerations and none has been found that would justify overriding the
Development Plan.  Accordingly, the proposal is recommended for approval
subject to the following conditions.
Recommendation 
Approve the application subject to the following conditions:
Conditions and Reasons for Recommendation
1. Permission is hereby granted for a limited period until 30 September 2028.
Reason - In view of the nature of the proposed development and to enable the
Planning Authority to review the circumstances pertaining to the proposal within a
reasonable period of time.
2. Noise from the operations on site shall not exceed LA90 1hr background noise
level plus 5dB(A) when measured at any residential property.
Reason - In order to safeguard the residential amenity of the area.
3. No clay pigeon shooting is hereby permitted on this site until the enclosure from
which shooting will take place has been acoustically insulated in accordance with
drawing 11 such that the internal walls and roof of the enclosure have been clad
with noise insulating material as referenced in drawing 13.
Reason - In order to safeguard the residential amenity of the area.
4. No clay pigeon shooting shall take place on the site other than between the
hours of 10:00 to 17:00 hours Monday to Friday and 11:00 hours to 17:00 hours
Saturday and Sunday.
Reason - In order to safeguard the residential amenity of the area.

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5. No clay pigeon shooting shall take place unless and until an exclusion zone is
clearly marked out on site, and warning signs are erected on the access track to
the site, details of which shall first be approved in writing by the Planning
Authority.  Thereafter, the approved scheme shall be implemented prior to the
first use of the development and retained in place for the duration of the use of
the land for clay target shooting.
Reason - In order to safeguard the general public
6. Only low noise cartridges and shotguns with silencers as referenced in the Noise
Impact Assessment dated 30 May 2024 (plan ref 15) shall be used for the clay
pigeon shooting and all shooting at the site must always be undertaken from
within the shooting enclosure.
Reason - In order to safeguard the residential amenity of the area.
7. In the event of a justified noise complaint being received by the Council the
operator shall, at its own expense, employ a consultant approved by the Planning
Authority to conduct a noise assessment to verify compliance with the CIEH men
shooting noise level below 55dB(A) and condition 2 above.  The assessment will
be conducted to an appropriate methodology agreed in writing with the Planning
Authority. If the noise assessment shows that the noise levels do not comply with
CIEH 55dB or condition 2, a scheme of noise mitigation shall be included with the
noise assessment, specifying timescales for the implementation of the scheme,
and shall be submitted to the Planning Authority with 28 days of the assessment.
The mitigation scheme shall thereafter be implemented in accordance with the
approved scheme and timescales.
Reason - In order to safeguard the residential amenity of the area.
Justification
The proposal is in accordance with the Development Plan and there are no
material reasons which justify departing from the Development Plan.
Procedural Notes
None required
Informatives
None required
Background Papers
Letters of representation 16

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Authors
Name Designation Contact Details
Joanne Ferguson Planning Officer 01738 475300
developmentmanagement@pkc.gov.uk
Approved
Name Designation Date
Kristian Smith Service Manager 25 February 2025