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