Agenda Document Pack - Planning and Placemaking Committee - 12/03/2025
Perth and Kinross Council · 12 March 2025
Back to Planning and Placemaking Committee — 12 March 2025 and its agenda
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Ambition | Compassion | Integrity Our vision is for a Perth and Kinross where everyone can live life well, free from poverty and inequalities Council Building 2 High Street Perth PH1 5PH 03/03/2025 A hybrid meeting of the Planning and Placemaking Committee will be held in the Council Chambers (Hybrid) on Wednesday, 12 March 2025 at 09:30. If you have any queries please contact Democratic Services on (01738) 475000 or email Committee@pkc.gov.uk. THOMAS GLEN Chief Executive Those attending the meeting are requested to ensure that all notifications are silent on their device and other devices are in silent mode. Please note that the meeting will be broadcast online and recorded. The recording will be publicly available on the Council’s website following the meeting. Members: Councillor Ian Massie (Convener) Councillor Grant Stewart (Vice-Convener) Councillor Keith Allan Councillor Bob Brawn Councillor Dave Cuthbert Councillor Ken Harvey Councillor David Illingworth Councillor Ian James Bailie Claire McLaren Councillor Richard Watters Bailie Mike Williamson Page 1 of 216
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Planning and Placemaking Committee Wednesday, 12 March 2025 Agenda Members are reminded of their obligation to declare any financial or non- financial interest which they may have in any item on this agenda in accordance with the councillors’ code of conduct. 1 WELCOME AND APOLOGIES/SUBSTITUTES 2 DECLARATIONS OF INTEREST 3 MINUTE OF MEETING OF PLANNING AND PLACEMAKING COMMITTEE OF 12 FEBRUARY 2025 FOR APPROVAL (copy herewith) 5 - 30 4 DEPUTATIONS 5 APPLICATIONS FOR DETERMINATION 5(1) MAJOR APPLICATIONS 5(1)(i) 24/00750/FLM - FORMATION OF A 49.9MW ENERGY STORAGE FACILITY COMPRISING 24 BATTERY STORAGE CONTAINER UNITS, 2 SWITCHROOMS, WELFARE UNIT, SUBSTATION, ANCILLARY EQUIPMENT, FORMATION OF VEHICULAR ACCESS AND TRACK, BOUNDARY TREATMENTS, LANDSCAPING AND ASSOCIATED WORKS LAND 260 METRES SOUTH-WEST OF TAIGH AN STRUITH, TIBBERMORE, PERTH Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 25/50) 31 - 54 5(1)(ii) 24/01376/AMM - ERECTION OF OFFICE BUILDING, WORKSHOP, YARD, RELATED INFRASTRUCTURE, LANDSCAPING AND ASSOCIATED DEVELOPMENT MATTERS SPECIFIED IN CONDITIONS 1(I - XVI), 3, 4, 9, 10, 12, 13, 14, 17 (APPROVAL OF MATTERS SPECIFIED IN CONDITIONS OF 21/01518/IPM) LAND 150 METRES SOUTH OF TARGET HOUSE RUTHVENFIELD ROAD, INVERALMOND INDUSTRIAL ESTATE, PERTH 55 - 80 Page 3 of 216
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Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 25/51) 5(1)(iii) 24/01485/AMM - ERECTION OF 41 DWELLINGHOUSE, LANDSCAPING AND ASSOCIATED WORKS (CHANGE OF HOUSE TYPE PLOTS 15-28 AND 73-99 OF 19/01130/AMM) (ALLOCATED SITE H30) LAND AT STANLEY VILLAGE (H30), STANLEY, PERTH Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 25/52) 81 - 106 5(1)(iv) 25/00049/42M - S42 APPLICATION TO AMEND CONDITION 12 (ECOW) OF (22/02231/FLM) SHINDOUR FEDDAL HILL WOOD, BRACO Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 25/53) 107 - 128 5(2) LOCAL APPLICATIONS 5(2)(i) 23/01101/FLL - ERECTION OF HOLIDAY ACCOMMODATION APARTMENTS, FORMATION OF PARKING AREA AND ASSOCIATED WORKS LAND EAST OF BURGESS LODGE, KINLOCH RANNOCH, PITLOCHRY, PH17 2QL Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 25/54) 129 - 154 5(2)(ii) 23/02025/FLL - ERECTION OF RETAIL UNIT (CLASS 1A), FORMATION OF VEHICULAR ACCESS, PARKING AREA, LANDSCAPING AND ASSOCIATED WORKS LAND 75 METRES NORTH OF 288 STRATHTAY ROAD, PERTH PH1 2 JU, CRIEFF ROAD, PERTH Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 25/55) 155 - 186 5(2)(iii) 24/01713/FLL - S42 APPLICATION TO VARY CONDITIONS 1, 4 AND 5 (DURATION, ACOUSTICS, NOISE) AND DELETION OF CONDITION 3 9FENCE) OF PERMISSION 22/00334/FLL, CRIEFF HYDRO HOTEL, FERNTOWER ROAD, CRIEFF, PH7 3 LQ Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 25/56) 187 - 202 5(2)(iv) 24/01925/FLL - CHANGE OF USE OF AND ALTERATIONS OF POST OFFICE TO FORM EXTENSION TO DWELLINGHOUSE, BRIDGE OF CALLY POST OFFICE, BRIDGE OF CALLY, BLAIRGOWRIE, PH10 7JG Report of handling by Strategic Lead - Economy, Development and Planning (copy herewith 25/57) 203 - 214 Page 4 of 216
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DRAFT PLANNING AND PLACEMAKING COMMITTEE Minute of hybrid meeting of the Planning and Placemaking Committee held in the Council Chambers, 2 High Street, Perth, on Wednesday 12 February 2025 at 9.30am. Present: Councillors I Massie, G Stewart, K Allan, B Brawn, Bailie R Brock (substituting for D Cuthbert), K Harvey, I James, D Illingworth, I MacPherson (substituting for Councillor R Watters), Bailie C McLaren, and Bailie M Williamson. In Attendance: L MacLean, S Panton, L Reid, K Smith, and P Williamson (all Economy, Development and Planning); A Brown, C Elliott, S Dockerill and R Ramsay (all Legal and Governance). Apologies: Councillors D Cuthbert and R Watters. Councillor I Massie, Convener, Presiding. 1. Welcome and Apologies The Convener welcomed everyone present to the meeting and noted apologies as above. 2. Declarations of Interest Bailie M Williamson declared a non-financial interest in Item 5(2)(i). 3. Minutes The Minute of Meeting of Planning and Placemaking Committee of 8 January 2025 was submitted and approved as a correct record. 4. Deputations In terms of Standing Order 13, the Committee agreed to hear deputations in relation to the following planning applications: Planning Application No. Item No. 24/00435/FLM 5(1)(i) 24/01303/AMM 5(1)(ii) 23/01742/FLL 5(2)(i) 24/01440/FLL 5(2)(ii) 5. Applications For Determination (1) Major Applications 3 Page 7 of 216
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DRAFT (i) 24/00435/FLM - Erection of spa and leisure facility, 25 holiday accommodation units, formation of vehicular access, parking areas, landscaping, drainage and associated works, Murrayshall House Hotel, Murrayshall, Perth, PH2 7PH (Report No. 25/29) Mr S Hay, objector to the application, followed by Mr J Wall, agent and Mr G Silcock, applicant, addressed the committee, and answered Members questions. Resolved: Grant, subject to the following terms, conditions and informatives: Conditions General 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. 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. Transport 4. 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 refuse 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; Page 8 of 216
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DRAFT 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. 5. Prior to the occupation of each lodge in Phase 1 as shown on Drawing 54, each lodge shall be provided with a minimum of 2 parking spaces. On occupation of the final lodge within Phase 1, a total of 48 standard car parking bays will be provided plus 3 disabled parking bays being provided, resulting in a total of 51 car parking spaces on site, as shown on Drawing 54. Reason - In the interest of providing a suitable number of off-street lodge parking 6. Prior to commencement of any development on Phase 1 of the Lodge development, a detailed design for the proposed secure covered cycle parking facility for a minimum of 10 cycles, including its location, shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The cycle parking, as approved in writing, shall be implemented in accordance with the approved details prior to the lodge development being brought into use. Reason - To encourage active travel and meet advice within National Planning Framework on transport for the lodge development Page 9 of 216
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DRAFT 7. Prior to commencement of any development on Phase 1 of the Lodge development, a detailed design for the proposed powered two wheeler parking facility for a minimum of 3 powered two wheelers, including its location, shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The powered two wheelers parking, as approved in writing, shall be implemented in accordance with the approved details prior to the lodge development being brought into use. Reason - In the interest of providing a suitable number of off-street lodge parking. 8. Prior to commencement of any development on the Spa and Leisure Facility, a detailed design for the proposed parking shall be provided for the following elements: 32 standard car parking spaces 3 disabled car parking spaces 4 powered two-wheeler parking spaces Including its location, shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The parking, as approved in writing, shall be implemented in accordance with the approved details prior to the Spa and Leisure Facility being brought into use. Reason - In the interests of road safety; to ensure the provision of adequate off-street parking facilities for disabled visitors and motorcyclists. 9. The cycle parking as shown on Drawing 55, shall be constructed and operational prior to the Spa and Leisure Facility being brought into use. Reason - To encourage active travel and meet advice within National Planning Framework on transport. 10. The core path which forms part of the site must not be obstructed during building works or on completion. Any damage done to the core path and associated signage during building works shall be made good before occupation of the development. Any temporary restrictions to public access required to facilitate works on site must be agreed in writing first with the Access Officer. Reason - In the interests of public access along the core path. 11. Prior to commencement of any development on site, a detailed design showing the signage for the development shall be provided with the following schemes being designed: a) directional signage to be added to the public road network to direct customers to the development site entrance along the preferred routes as discussed in the Transport Statement; Page 10 of 216
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DRAFT b) directional signage to be removed from the public road network to encourage customers to use the preferred route detailed as discussed in the Transport Statement; and c) passing place signage along the U84 and U85 from the A94 to the development site entrance from the public road network The scheme shall be submitted to, and approved in writing by, the Council as Planning Authority. The submission will confirm the location of the signage, specification and detailed design. The scheme for the approved shall thereafter be implemented in full, prior to the first element of the development hereby approved being completed or brought into use. Reason: In the interests of road, to direct customers of development site along the preferred route. 12. No part of the development shall be occupied until a Travel Plan, aimed to encourage more sustainable means of travel, has been submitted to and agreed in writing by the Council in consultation with Transportation and Development. The Travel Plan will have particular regard to provision for walking, cycling and connections to public transport access to in the form of the shuttle service, detailing the frequency of the service and will identify the measures to be provided along with the system of management, monitoring, review, reporting and the duration of the plan. Reason - To promote sustainable transport options and to meet advice within National Planning Framework on transport. 13. Prior to commencement of any development on site, a detailed design for a minimum of six passing places shall be submitted and approved in writing by the Planning Authority in consultation with the Roads Authority for the following locations: Passing Place 3 - Unmade layby at 227m as detailed in the Transport Statement in Appendix G - Passing Place Plan (SK005); Passing Place 4 -Verge at 470m as detailed in the Transport Statement in Appendix G - Passing Place Plan (SK005); Passing places 7 - Field entry on right at 1090 m as detailed in the Transport Statement in Appendix G - Passing Place Plan (SK005); and Passing places 11 - Verge at the pedestrian access gate to Bonhard House at 1900 m as detailed in the Transport Statement in Appendix G - Passing Place Plan (SK005); and Passing places 13 - Verge at 2040 m as detailed in the Transport Statement in Appendix G - Passing Place Plan (SK005); and Page 11 of 216
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DRAFT Passing places 15 -Verge at 2320 m as detailed in the Transport Statement in Appendix G - Passing Place Plan (SK005) The passing places, shall be provided with a minimum carriageway width of 5.5 metres, for a minimum length of 11 metres with 30 degree tapers and surfaced in accordance with the Perth & Kinross Council's Road Development Guide at the agreed locations. The passing places, as approved in writing, shall be implemented in accordance with the approved details and be constructed and operational in advance of any further works being undertaken on site. Once provided, the passing places shall thereafter be permanently retained as such. Reason - To ensure the existing road network can accommodate the traffic likely to be associated with the proposed development in the interests of road safety. Amenity 14. 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 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In order to safeguard the neighbouring residential amenity in the area. 15. No amplified music, shall be permitted in the outdoor seating or external gym/studio area at any time. Reason - In order to safeguard the neighbouring residential amenity in the area. 16. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In order to safeguard the neighbouring residential amenity in the area. 17. 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 neighbouring residential amenity in the area. 18. Mitigation measures as described in Sections 5.5 of the Noise Impact Assessment undertaken by ITP Energised dated 25.03.2024, shall be undertaken to ensure a satisfactory level of residential amenity can be achieved. Reason - In order to safeguard the neighbouring residential amenity in the area. Page 12 of 216
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DRAFT Trees and Landscaping 19. Prior to the commencement of any works on site, all trees on site (other than those marked for felling on the approved plans) and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the duration of construction. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 20. The detailed landscaping plan, which is hereby approved, shall be completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. The approved scheme shall thereafter be maintained to the satisfaction of the Council as Planning Authority, with any planting which fails to become established within five years being replaced in the following planting season with others of a size and species as previously approved. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. Biodiversity 21. The conclusions and recommended action points within the supporting Ecological Impact Assessment, Biodiversity Plan and Invasive Non-Native Species Management Plan submitted and hereby approved (drawing numbers 52, 63 and 64 relate) 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 biodiversity. 22. An updated ecology survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the ecology survey approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 23. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, 12 bird nesting Page 13 of 216
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DRAFT boxes, 12 bat roosting boxes, 10 hedgehog boxes shall be provided on suitable locations within the red line boundary. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 24. Prior to the completion or occupation of the development hereby approved, whichever is the earlier, wildlife kerbs shall be installed adjacent to all road gullies within 500metres of a SUDS pond or watercourse. Thereafter, the kerbs shall be retained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 25. Prior to the completion or occupation of the development hereby approved, whichever is the earlier, hedgehog highways shall be created by providing access gaps in wooden fences least 13cm x 13cm at ground level, to allow for the free movement of hedgehogs. Thereafter, the hedgehog highways shall be retained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. Archaeology 26. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) which has been submitted by the developer and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress. Page 14 of 216
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DRAFT Reason - To ensure a programme of archaeological works is carried out to safeguard and record any archaeological remains within the development area. Materials 27. Prior to the commencement of the spa and leisure building hereby approved, details of the specification and colour of the proposed external finishing materials to be used shall be submitted to and agreed in writing by the Council as Planning Authority. The scheme as agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 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 1. Permission shall not to be issued until the Section 75 Agreement has been signed and registered to take account of this application. The legal agreement should be concluded and completed within 4 months of the date of any Committee approval. Failure to conclude a legal agreement within 4 months will result in the planning application being re-assessed through failing to comply with the associated developer contributions policy and may be ultimately recommended for refusal under delegated powers Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Page 15 of 216
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DRAFT Procedure (Scotland) Regulations 2013, as amended. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: Displayed in a prominent place at or in the vicinity of the site of the development Readily visible to the public Printed on durable material. 4. The planning permission decision notice shall not be issued until such time as the required Developer Contributions have been secured or paid in full. In the event the applicant does not either make the required payment within 28 days from the date the agent/applicant is advised of the need for the contributions, or complete a legal agreement for delayed payment within a 4 month period from the date the agent/applicant is advised of the need for the contributions the application may be refused under delegated powers without any further discussion with the applicant. 5. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 6. 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. 7. The applicant is advised that, in terms of Sections 56 of the Roads (Scotland) Act 1984, 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 Page 16 of 216
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DRAFT initial stages of design from Scottish Water and the Scottish Environmental Protection Agency. 8. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, he/she/they must obtain from the Council, to place, maintain or adjust apparatus in, or under a Road or remove apparatus from a road. Application forms are available at https://www.pkc.gov.uk/article/14916/Road-and-footway- permits. 9. Road drainage may be in the vicinity of the passing places and require remedial works. Contact Perth & Kinross Council Road Maintenance Department for further details. 10. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 11. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 12. 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. 13. Further information on the need for and level of provision of Changing Places Toilet Facilities can be found in Section 41B of the Town and Country Planning (Scotland) Act 1997, the Town and Country Planning (Changing Places Toilet Facilities) (Scotland) Regulations 2020 and the associated Circular 1/2020: Changing Places Toilets Regulations. 14. No work shall be commenced until an application for building warrant has been submitted and approved. 15. This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the vehicular and Page 17 of 216
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DRAFT cycle parking to ensure adequate provision is made for the development. (The committee took short recess and reconvened at 10.38am.) (ii) 24/01303/AMM - Construction of Bertha Park link road between phase 1 at Bertha Park High School and phase 2 new A9 west roundabout and associated works (approval of matters specified in conditions 18/01800/IPM), land at Bertha Park, Perth (Report No. 25/30) Mrs J Ferguson, on behalf of the Council as applicant, answered Members questions. Resolved: General 1. This approval 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 an approval in terms of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended. Transport 2. Prior to the commencement of development (with the exception of site clearance works), should the roundabouts and/or access roads not be provided, as per the annotation on drawing 03 hereby approved, a detailed design showing the omission of the roundabouts and/or access roads shall be submitted to the Planning Authority for written approval. The detailed design will include the following: Mainline Layout Plans; Road Lighting Layout Plans; Service Ducting Layout Plans; Traffic Signal Ducts Layout Plans; Landscape Layout Plans; and Drainage Layout Plans. Thereafter, the agreed scheme shall be implemented in accordance with the approved drawings. For the avoidance of doubt, this would not prevent the formation of the roundabouts as per the approved drawings at a later date. Reason - To provide confirmation of the road layout to be delivered. 3. The Construction Traffic Management Plan detailed in Document 81, hereby approved, shall be strictly adhered to during the entirety of the site construction programme. Reason - In the interest of proper site management. Archaeology 4. Prior to the commencement of development (with the exception of site clearance works) the developer shall Page 18 of 216
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DRAFT secure the implementation of a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) which has been submitted by the developer and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress. Reason - To ensure archaeological monitoring is carried out to safeguard and record any archaeological remains within the development area. Environment 5. Prior to the commencement of any works on site, all trees on site (other than those marked for felling on the approved plans) and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the duration of construction. Reason - to ensure adequate protection for the trees on the site during the construction, in the interests of the visual amenity of the area. 6. The recommendations contained within the Protected Species Report (Document 82) shall be implemented in full. Any deviation from the recommendations will require to be agreed by written approval of the Planning Authority. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 7. The submitted Construction Environment Management Plan (CEMP), hereby approved (Document 79) shall be implemented concurrent with the development. The CEMP will remain a dynamic document throughout the duration of construction and until the completion of Page 19 of 216
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DRAFT development. The CEMP can be amended as necessary to meet best practice in terms of environment or ecology. Any amended document shall be submitted to the Planning Authority as soon as reasonably practicable citing the relevant amendment and appropriate guidance. Reason - In the interests of protecting environmental quality. Biodiversity and Landscaping 8. Prior to the commencement of the development, an independent and suitably qualified ecologist shall be appointed by the developer at their expense as the 'Ecological Clerk of Works' (ECOW) for the site. This appointment shall be subject to the prior written approval of the Planning Authority and detail the extent of inspections to be undertaken by the ECOW and how this relates to the delivery of the development. The ECOW shall oversee, on behalf of the Planning Authority, the implementation of all ecology related planning conditions. The ECOW shall undertake a watching brief throughout the construction of the development and shall have the authority to stop operations or to alter construction methods should there be any works occurring which are having an adverse impact on natural heritage. The ECOW shall have responsibility for the following: a) Monitoring compliance with the mitigation works related to the development as set out in the Construction Environment Management Plan and other relevant environmental conditions. b) Advising the developer on adequate protection of nature conservation interest on the site, including altering construction practices if existing practices are having an adverse impact on the natural heritage of the site. c) If any protected species are found on site, the Ecological Clerk of Works will ensure that work is suspended at that location and that a protected species protection plan is implemented. The ECOW is required to notify the Planning Authority: d) If there has been a requirement to stop or alter works in relation to this condition. e) They are required to submit a report on their inspection (frequency to be agreed) for the review of the Planning Authority during construction operations. f) They will have the power to amend the CEMP, where required, with any amendments and measures to mitigate submitted to the Planning Authority. Reason - In order to ensure that an ECOW is appointed and is suitability qualified and has a suitable job description and powers to oversee all salient ecological matters affecting the construction of the development. Page 20 of 216
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DRAFT 9. The conclusions and recommended action points within the supporting Biodiversity Monitoring Strategy (Document 75), hereby approved, shall be fully adhered to, respected and undertaken as part of the construction phase of development. Any deviation from the recommendations will require to be agreed by written approval of the Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 10. Prior to the road being opened for use by the public, the location and details, including numbers, species and sizes of the compensatory tree planting will be provided for the approval of the Planning Authority. Thereafter, the trees will be planted as agreed at the earliest opportunity and prior to the road being opened for use by the public. Reason - In the interests of ensuring that adequate compensatory tree planting is provided to offset the impact of the development. 11. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar size, species and number to the satisfaction of the Council as Planning Authority. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 12. The location and number of bat, bird and hedgehog boxes will be submitted and agreed with the Planning Authority prior to their installation, in line with the timescales set out in the Woodland Management Plan. Reason - In the interests of protecting environmental quality and of biodiversity. Drainage and Flooding 13. Development shall not commence on site (with the exception of site clearance works) until a detailed sustainable urban drainage system (SUDS) has been submitted for the further written agreement of the Council as Planning Authority, in consultation with SEPA where necessary. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council's Flood Risk and Flood Risk Assessments Developer Guidance, and shall incorporate source control. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason - To ensure the provision of effective drainage for the site. 14. 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. Page 21 of 216
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DRAFT Reason - To ensure the provision of effective drainage for the site. Justification The proposal is a minor departure to the Development Plan due to the loss of ancient woodland, however, there are material considerations which justify a departure from the Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: Displayed in a prominent place at or in the vicinity of the site of the development Readily visible to the public Printed on durable material. 4. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority Road Construction Consent (RCC) to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 5. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act 1984 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 Page 22 of 216
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DRAFT Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 6. The applicant should be advised to contact Perth & Kinross Council Street Lighting Department to obtain technical approval for all street lighting provision. 7. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot to disturb a protected species. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are severe for non- compliance. 8. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 9. The applicant is advised to refer to Perth & Kinross Council's Flood Risk and Flood Risk Assessments Supplementary Guidance, and the CIRIA SuDS manual as it contains advice relevant to your development. (Having declared a financial interest in the following item, Bailie M Williamson left the meeting at this time.) (2) Local Applications (i) 23/01742/FLL - Erection of a brewery, tap room, storage, formation of vehicle access, parking area, installation of EV charging point, formation of outdoor seating area, landscaping and associated works, land 50 metres south of Council Cottages, Ferry Road, Pitlochry (Report No. 25/31) Mr J Low, applicant, addressed the committee, and answered Members questions. Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 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. Page 23 of 216
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DRAFT 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. 3. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document(s) Ecological Appraisal by Tay Ecology 3 October 2023 relates) 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. 4. Prior to the occupation of the building hereby approved, evidence that the bird and bat boxes have been installed shall be submitted for the written approval of the Council as Planning Authority, reference drawing 52. Thereafter, the bird and bat boxes shall be maintained in a reasonable condition for the life of the development to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 5. A site meeting will be held with the Enforcement Officer (Trees) of the Council to examine completed tree works, honey fungus mitigation, and to inspect tree protection measures in place that accord with standard (fencing/non dig construction, etc), drainage, and site storage facilities. This meeting shall be with the project manager, arboriculturist, and ground works contractor. Contact should be made with the Planning Authority to arrange this meeting prior to the commencement of the development. Reason - In the interests of protecting environmental quality and of biodiversity. 6. Prior to the commencement of development, a site- specific method statement outlining measures to mitigate against the spread of honey fungus shall be submitted to the Council as Planning Authority for review and written approval. The statement shall include details on the removal of affected trees (6 x dead oak), disposal of soil areas contaminated with honey fungus and provide full details of disposal of all excess materials. Clarity shall be provided on where the soil materials excavated will be deposited when levelling site, formation of building footprint, filtration trenches/drainage, and access/parking. Clarity shall be provided on how the drainage works will be undertaken, and whether larger encroaching roots would be permitted within the drainage material, and how the cutting into the banking will be undertaken, the foundation type for structures, and subbase for Page 24 of 216
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DRAFT paths/surfacing, where they impact and encroach the RPA of adjacent trees. Thereafter the measures shall be carried out in complete accordance with the details as so agreed. Reason - In the interests of protecting environmental quality and of biodiversity. 7. Prior to the building being brought into use a post development tree report/audit confirming details of the trees retained on site, their condition, and a statement as to the effectiveness of protection measures followed shall be submitted for review and written approval of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 8. Servicing of and deliveries to the premises shall be carried out between 0700 and 1900 Monday to Saturday only, with no servicing or deliveries permitted on Sundays. Reason - In order to safeguard the residential amenity of the area. 9. The hours of operation of the outdoor seating area shall be restricted to between 1100 to 2200 hours Monday to Sunday. Reason - In order to safeguard the residential amenity of the area. 10. 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 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In order to safeguard the neighbouring residential amenity in the area. 11. No music, amplified or otherwise, shall be permitted in the outdoor seating area at any time. Reason - In order to safeguard the neighbouring residential amenity in the area. 12. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In order to safeguard the residential amenity of the area. 13. No odours from the distillery shall be discernible on the boundary with the nearest residential property. Reason - In order to safeguard the residential amenity of the area. 14. All mitigation measures as detailed within Section 6 of the Odour Assessment undertaken by The Airshed, Page 25 of 216
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DRAFT reference AS 1020 Pitlochry Brewery Airshed, dated 18 October 2023 shall be fully implemented. Reason - In order to safeguard the residential amenity of the area. 15. All mitigation measures as detailed within Section 7 of the Noise Impact Assessment undertaken by CSP Acoustics, reference 1866 R001 V3 AH, dated 12 December 2023 shall be fully implemented. Reason - In order to safeguard the residential amenity of the area. 16. Noise from operations on site shall not exceed L A90,1 hour background noise level plus 5dB (A), including any relevant penalties for tonality, impulsivity, intermittency, or other sound characteristics when measured at any residential property in accordance with BS4142:2014+A1:2019. Reason - In order to safeguard the residential amenity of the area. 17. A Noise Management Plan shall be submitted for the written approval of the Planning Authority. The plan shall include all sources of noise associated with the premise, including patron noise, deliveries, compressor etc and the measures that will be put in place to minimise and/or control noise. The plan shall be reviewed on a regular basis or, following receipt of a justified complaint or at the request of the Planning Authority. Once the Noise Management Plan has been approved, it shall be fully implemented for the lifetime of the development. Reason - In order to safeguard the residential amenity of the area. 18. 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 carry out a noise assessment to verify compliance with conditions 10, 15, 16 and 17 above. The assessment will be carried out to an appropriate methodology agreed in writing with the Planning Authority. If the noise assessment shows that the noise levels do not comply with conditions 10, 15, 16 and 17 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 for written approval within 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. 19. In the event of a justified odour complaint being received by the Council the operator shall, at its own expense, employ a consultant approved by the Planning Authority to carry out an odour assessment to verify compliance with conditions 13 and 14 above. The assessment will Page 26 of 216
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DRAFT be carried out to an appropriate methodology agreed in writing with the Planning Authority. If the odour assessment shows that the odour levels do not comply with conditions 13 and 14 a scheme of odour mitigation shall be included with the odour assessment, specifying timescales for the implementation of the scheme and shall be submitted to the Planning Authority for written approval within 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. 20. The core path (PLRY/109) must not be obstructed during building works or on completion of the development. Any damage done to the route and/or the associated signage during building works must be made good before the development is completed or brought into use, whichever is the earlier. Reason - To ensure continued public access to the public paths and in the interests of public safety within the site. 21. The detailed landscaping and planting scheme which is hereby approved shall be completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. The approved scheme shall thereafter be maintained to the satisfaction of the Council as Planning Authority, with any planting which fails to become established within five years being replaced in the following planting season with others of a size and species as previously approved. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 22. Prior to the commencement of the development hereby approved, the applicant shall submit for the written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS). The TMS shall take cognisance of the fact that no loading and unloading of vehicles shall be undertaken on the public road and 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 refuse collection is undertaken, on Sundays and during local events; c) a code of conduct for HGV drivers for loading and unloading materials at the site; Page 27 of 216
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DRAFT d) arrangements for liaison with the Roads Authority regarding winter maintenance; 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 all users including 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) traffic arrangements in the immediate vicinity of temporary construction compounds; l) monitoring, reporting and implementation arrangements; m) arrangements for dealing with non-compliance; and n) 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. 23. Prior to the commencement of the development hereby approved, the developer shall provide, for approval by the Council as Roads Authority, a Service Management Plan detailing the plans for servicing and delivery operations, and timing, including arrangements for the management of vehicular and pedestrian traffic during servicing and delivery, paying particular attention to the need for all deliveries to be undertaken off the public road. Thereafter, the approved plan shall be adhered to for the life of the development. Reason - In the interests of road safety. 24. Prior to commencement of any development on site, a detailed design showing the frontage of the development site onto Ferry Road shall be provided with the following schemes being provided: a) position of uncontrolled crossing location(s) along the frontage of the site to link the development site to the northern side of Ferry Road with dropped kerbs linking both sides; Page 28 of 216
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DRAFT b) the footway on the southern side of Ferry Road, of a minimum width of 2 metres along the full frontage of the site; c) the location of road drainage on Ferry Road along the frontage of the site; d) the finalised location of the streetlighting cable; e) the construction details of the parking bays and the service area; and f) full details of the vehicle access, to be constructed in the following materials: 40mm Wearing Course - Hot Rolled Asphalt 50mm Base Couse - Dense Bitumen Macadam 130mm Roadbase - Dense Bitumen Macadam 230mm Subbase - Type 1 The submission will confirm the location, specification and detailed design for the pedestrian crossing, location of the streetlighting infrastructure, footway on southern side of Ferry Road, road drainage and vehicle access along the frontage of the development site. This shall be submitted for the written approval of the Council as Planning Authority. Thereafter the approved scheme shall be implemented in full, prior to occupation of the brewery. Reason - In the interests of road and pedestrian safety and connectivity to the northern side of Ferry Road. 25. Prior to commencement of any development on site, a detailed design for the proposed cycle parking facility for a minimum of 10 cycles shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The cycle parking, as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority prior to the development being brought into use. Reason - To encourage active and sustainable modes of transport in line with national and local planning policy. 26. Prior to the commencement of development hereby approved, a statement shall be submitted for approval in writing by the Council as Planning Authority to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. The statement as agreed shall be fully implemented to the satisfaction of the Council as Planning Authority. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. Justification There are material considerations to justify a departure from the Development Plan otherwise, the proposal is generally in Page 29 of 216
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DRAFT accordance with the Development Plan. There are no material reasons which justify refusal. 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. Please note the consultation response on file from Network Rail - A railway underbridge located in close proximity to the site (UB 290/063 crossing Ferry Road) has a headroom of 4.2m. The applicant should ensure that all vehicles required for construction and operation are able to clear this height. 5. Please note the consultation response from Scottish Water on file - this includes a request that prior to work commencing on site they are notified at protectdwsources@scottishwater.co.uk as they may wish to take water samples as a precaution to protect water quality. In addition, increases in water usage should also be relayed to Scottish Water. 6. This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the front elevation and vehicular access. 7. An inspection of the proposed development site did not raise any real concerns, although historical mapping indicates there was previously a nearby use which may have resulted in contamination in the vicinity of the site. The applicant is advised that, given historical uses of the wider area, there may be potential for contamination Page 30 of 216
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DRAFT within the site. Should any contamination be found during the approved works, works should cease and the Land Quality team should be contacted on 01738 475000 or es@pkc.gov.uk for further advice. 8. The approved stove system shall be installed and thereafter operated and maintained in accordance with the manufacturer's recommendations, such that smoke odours are not exhausted into or escape into any neighbouring dwellings. Failure to do so may result in an investigation and possible action by Environmental Health under the Environmental Protection Act 1990. 9. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 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 Environment Protection Agency. 11. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, he/she/they must obtain from the Council, to place, maintain or adjust apparatus in, or under a Road or remove apparatus from a road. Application forms are available at https://www.pkc.gov.uk/article/14916/Road-and-footway- permits 12. Road drainage may be in the vicinity of the new access and require remedial works at the applicant’s expense. Contact Perth & Kinross Council Road Maintenance Department for further details. 13. Street lighting infrastructure present at the site, discussions must be had with the Street Lighting Partnership to obtain the locations of infrastructure and its relocation to facilitate the vehicle access. Relocation to be undertaken at applicant's expense. Contact Mark Gorrie at Perth & Kinross Council Street Lighting Department for further details. 14. The applicant can seek guidance on the detailed design and positioning of the cycle storage from Transport Page 31 of 216
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DRAFT Scotland's Cycling by Design 2021 or similar design guide. (Bailie M Williamson returned to the meeting.) (ii) 24/01440/FLL - Change of use of flat to short-term let accommodation in retrospect, Flat 3, 7 Brae Street, Dunkeld, PH8 0BA (Report No. 25/32) Mr F Potter, on behalf of the applicant, addressed the committee, and answered Members questions. Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 1. 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. 2. 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. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. 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-term 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. 2. 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 incorporated minor changes in the interest of accuracy. Page 32 of 216
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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. 25/50) PROPOSAL: Formation of a 49.9MW energy storage facility comprising 24 battery storage container units, 2 switchrooms, welfare unit, substation, ancillary equipment, formation of vehicular access and track, boundary treatments, landscaping and associated works LOCATION: Land 260 Metres South West of Taigh An Struith, Tibbermore, Perth Ref. No: 24/00750/FLM Ward No: P9- Almond and Earn Summary: This report recommends the refusal of the application as the development is not 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 site covers an area of approximately 1.11 hectares and is situated in the central part of an agricultural field currently used for the growing of arable crops. The site is located approximately 800m east of Tibbermore, a small hamlet close to Perth. The northern, eastern, southern, and western boundaries of the site are open and surrounded by agricultural fields. The C410 (Tibbermore Road) aligns the site’s northern boundary. Three residential dwellings are situated around 200m to the north-east and west of the site. The site is located within the Perth Green Belt. 2. The terrain of the site is generally flat. The site is currently accessed across the agricultural fields from a farm entrance on the C410 (Tibbermore Road). The existing access is near one of the adjacent residential properties. In terms of existing vegetation on the site, a hedgerow aligns the northern boundary of the site, with an adjacent ditch. There are no trees within the site or in the immediate surrounding area. 5(1)(i) Page 33 of 216
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3. Access to the site is via a new access roadway from the C410 (Tibbermore Road). During construction, traffic could be managed in accordance with an approved Construction Traffic Management Plan. When operational, infrequent visits for maintenance and monitoring by small vans would be required. 4. The proposed development consists of the following elements: • 24no containerised battery units (approximately 6.1m length x 2.5m width x 2.9m height) • 6no sets of BESS transformers and inverters (approximately 9.8m length x 5m width x 2.3m height) • A BESS switchroom (approximately 12.3m length x 3.3m width x 4.4m height) • A site supply transformer (approximately 3.3m length x 2.3m width x 3.2m height) • A site welfare unit and LV switchroom (approximately 7.5m length x 2.3m width x 2.9m height) • A DNO substation (approximately 6.6m length x 5.5m width x 4.2m height). Site History 5. 23/00020/PAN On 23 January 2024 for Formation of a 49.9MW Battery Energy Storage System (BESS) and ancillary infrastructure Environmental Impact Assessment 6. The proposal is classed as a Schedule 2 Development in terms of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. In the case of these regulations, prohibition is given to the granting of planning permission to “EIA development” unless an environmental impact assessment has been undertaken. In this case the Council has taken the opinion that it is not EIA development, and that sufficient information has been submitted with the application to enable a determination in consideration of all relevant environmental matters. These environmental aspects requiring further consideration, are namely: noise, landscape and visual amenity, trees and biodiversity, roads and transportation and flood / drainage matters. Pre-Application Consultation 7. Pre application Reference: 23/00030/PREAPM 8. The proposed development is classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was required to undertake formal pre-application consultation with the local community. Page 34 of 216
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9. On 14 December 2023, the Applicant submitted a formal PAN to Perth and Kinross Council. This was more than 12 weeks before the application is submitted. The PAN and accompanying information confirmed the arrangements for the community consultation events to be held at The Bield, Blackruthven, Perth. The event included a presentation on the proposed development and provided an opportunity for attendees to ask any questions regarding the proposal. The PAN advised that there would be two events and would be held on 24 January 2024 and 20 February 2024. 10. The consultation events were advertised in the Perthshire Advertiser and Strathearn Herald on the following dates: • Event 1: 24 January 2024 – Advertised on 4 January 2024. • Event 2: 20 February 2024 – Advertised on 30 January 2024. 11. The advertisements contained all of the information required by the Regulations, including the location and description of the development and details of where further information could be obtained. Letters were also sent to 65 local residents on both occasions explaining the proposal and inviting them to attend the public consultation events. In addition to advising of the public consultation events, the letters explained about the proposed development and why there is a need for this type of development 12. Both events were held at The Bield, Blackruthven, Perth, PH1 1PY between 13:00 and 19:00. The purpose of the consultation events was to make the public aware of the proposed development and to provide them with an opportunity to comment on draft proposals, prior to the submission of an application to Perth and Kinross Council. 13. The first event was attended by approximately 2 Ward Councillors and 26 members of the public. 14. The second event was attended by 44 members of the public. Development Plan 15. 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 16. 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 Page 35 of 216
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comprises part of the statutory development plan. The following policies are considered to be most relevant to this application: Policy 1: Tackling the Climate and Nature Crises. Policy 2: Climate Mitigation and Adaptation. Policy 3: Biodiversity. Policy 4: Natural Places. Policy 5: Soils. Policy 6: Forestry, Woodland and Trees. Policy 7: Historic Assets and Places. Policy 8: Greenbelt. Policy 11: Energy. Policy 14: Design, Quality and Place. Policy 22: Flood Risk and Water Management. Policy 23: Health and Safety. Policy 29: Rural Development. Perth and Kinross Local Development Plan 2019 17. 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. 18. The principal relevant policies are, in summary: Policy 1A: Placemaking. Policy 1B: Placemaking. Policy 5: Infrastructure Contributions. Policy 7: Historic Assets and Places. Policy 8: Rural Business and Diversification. Policy 15: Public Access Policy 26A: Scheduled Monuments. Policy 26B: Archaeology. Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy. Policy 35: Electricity Transmission Infrastructure. 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 42: Green Infrastructure. Policy 43: Green Belt Page 36 of 216
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Policy 47: River Tay Catchment Area Policy 50: Prime Agricultural Land. Policy 51: Soils. Policy 52: New Development and Flooding. Policy 56: Noise Pollution. Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals. Statutory Supplementary Guidance 19. Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) Supplementary Guidance - Landscape (adopted in 2020) PKC Non Statutory Guidance 20. Planning Guidance - Planning & Biodiversity Supplementary Guidance - Renewable & Low Carbon Energy (draft) National Guidance 21. The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 22. The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: 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 23. 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. Page 37 of 216
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National Roads Development Guide 2014 24. 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. Consultations 25. As part of the planning application process the following bodies were consulted: External 26. Historic Environment Scotland (HES) - Overall, although the proposal would represent a limited area of change in the present landscape. It is considered that the level of impact of the development on key landscape characteristics and special qualities of the battlefield is not sufficient to warrant an objection. 27. Scottish Water - Scottish Water has no objection to this planning application; however, the applicant should be aware that this does not confirm that the proposed development can currently be serviced. There is currently sufficient capacity in the Turret Water Treatment Works to service the proposed development. According to records there is no public Scottish Water, Waste Water infrastructure within the vicinity of this proposed development, and therefore, it is advised that the applicant to investigate private treatment options. 28. All proposed developments require to submit a Pre-Development Enquiry (PDE) Form to be submitted directly to Scottish Water via the Customer Portal prior to any formal Technical Application being submitted. This will allow Scottish Water to fully appraise the proposals. 29. Scottish Environment Protection Agency (SEPA) - Due to a lack of information in relation to flood risk SEPA submitted a holding objection and requested that determination is deferred until the required information has been provided for further assessment. Following the submission of further information and providing compensatory flood storage is provided in accordance with the approved design, SEPA have now removed their holding objection. 30. Dundee Airport Ltd - No objection. Given position and height, this development would not infringe the safeguarding criteria and operation of Dundee Airport. 31. Perth and Kinross Heritage Trust (PKHT) - Initially, PKHT objected given the potential impacts on the Tibbermore Battlefield. Subsequently, the applicant has addressed this. Given the results of a recent metal detecting survey of the area, PKHT have now removed their objection, subject to the inclusion of a condition relating to a programme of archaeological works. Page 38 of 216
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Internal 32. Developer Contributions - No objection or comments to make on this proposal in terms of the Developer Contribution and Affordable Housing Supplementary Guidance. 33. Contaminated Land - No objection. A search of the historic records did not raise any concerns regarding ground contamination and therefore, there are no adverse comments to make on the application. 34. Structures and Flooding - Structures and Flooding initially objected on grounds of further information being required through the submission of a revised Flood Risk Assessment (FRA) and updated Drainage Strategy. This information was subsequently received and the objection has now been removed. 35. Roads and Transportation - No objection, subject to recommended conditions regarding a Construction Traffic Management Scheme (CTMS) and design details for the proposed junction. 36. Development Plan Team - Objection. The impact of the proposals on the River Tay SAC needs close consideration. In addition, no information has been provided to prove that steps have been taken to minimise land take. Furthermore, the proximity of the development to the road and the location in a lower setting on approach from both east and west will result in it forming a significant part of the landscape experience. It is considered that the proposed development will “erode the local distinctiveness, diversity and quality visual and scenic qualities of the landscape, or the quality of Landscape experience” as per LPD2 Policy 39. 37. Biodiversity - No objection, subject to recommended conditions regarding the submitted Biodiversity Study, an updated Ecology Study and the submitted, detailed Landscape and Planting Scheme. 38. Environmental Health – Noise / Odour - Environmental Health initially objected on the grounds of a lack of information being submitted. This information has now been received and they have removed their objection, subject to conditional control. 39. Methven and District Community Council - Methven and District Community Council has objected to the application on the following grounds: The site is of historical significance as it is within the boundary of the Battle of Tippermuir. There will be an impact on agricultural land and food production. The proposals will result in a significant visual impact. The proposed development does not meet Fire Regulations. Page 39 of 216
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The proposed development will result in an adverse impact on the character of the surrounding countryside. There are flooding issues on this site. There are potential contamination concerns on this site. The proposed development will result in noise impact for local residents. Representations 40. 20 representations were received. The main issues raised within the representations are: The greenbelt is an inappropriate location for this type of development. Adverse impact on visual amenity. Flooding risk. Out of character with the local area. Loss of open space. Adverse cumulative impacts as a result of this proposal and other similar development proposals in the surrounding area. Noise pollution. Road safety concerns. Fire risk. Inadequate landscaping / screening. Habitat loss. Contrary to LDP2 policies. The proposed groundworks will be irreversible. Loss of trees. 41. These issues are addressed in the Appraisal section of the report. ADDITIONAL STATEMENTS 42. Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations Ecology Appraisal Report submitted. Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact e.g. Flood Risk Assessment Submitted: Flood Risk Assessment Drainage Strategy Landscape and Visual Appraisal Noise Report Heritage Statement Page 40 of 216
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Appraisal 43. 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 44. The proposal would provide essential energy balancing services to the National Grid, actively contributing towards Scotland's CO2 reduction targets, supporting the strategy principles of the SES. Specifically, electricity would be drawn from the grid at times of low demand, stored and released back as required. When demand is higher, greater generation from non-renewable sources is required and energy storage facilities such as that proposed could reduce reliance on non -renewable resources, decreasing CO2 emissions. 45. National and local planning policies support the shift from fossil-fuels to renewable and low carbon energy sources. NPF4 Policy 11 Energy supports all forms of renewable, low-carbon and zero emissions technologies including battery storage, Policy 11a (iii) refers. LDP2 policy considerations seeking to assess its suitability in principle include Policy 8 Rural Diversification; and Policy 33A Renewables and Low Carbon Energy, which support the utilisation, distributions and development of renewable sources of energy where factors such as impact on landscape character, residential amenity etc. will be considered. 46. On the basis of the above policies, the principle of a development of this nature could be acceptable given that the proposal seeks to reduce the CO2 emissions associated with energy production from non-renewables and would increase the efficiency of renewable energy sources themselves. Furthermore, there is a clear fit between Scottish Government aims of promoting a transition to a low carbon economy. However, in this instance, the proposed development is located within the PKC Green Belt and, as such, LDP2 Policy 43, and NPF4 Policy 8 are of particular relevance. 47. LDP2 Policy 43: Green Belt states that within the area designated as Green Belt, development will only be supported where (f) it constitutes essential infrastructure such as roads and other transport infrastructure, masts and telecom equipment, renewable energy developments, or new cemetery provision. The proposal falls within the definition of essential infrastructure, being a Page 41 of 216
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renewable energy development. However, the primary Green Belt consideration will be whether the infrastructure could instead be located on an alternative site which is out with the Green Belt. A statement may be required identifying the search area and the site options assessed, the details of the existing or proposed activity to which the infrastructure relates, and the reasons as to why a green belt location is essential. For all proposals, development must be appropriate to the overall objectives of the Green Belt, to protect and enhance the character, landscape setting and identity of settlements. It is noted that the current site is not in close proximity to an existing substation for connection, the proposed connection being at the Burghmuir Sub-Station some 2.5km to the east and on the east side of the A9. 48. NPF4 Policy 8 outlines certain exemptions for development in the Green Belt, including “essential infrastructure”. In this context NPF 4 defines ‘essential infrastructure’ to include “all forms of renewable, low-carbon and zero emission technologies for electricity generation and distribution and transmission electricity grid networks and primary substation. NPF4 Policy 8 a) ii) requires that reasons are provided as to why a green belt location is essential. Furthermore, Policy 8a) ii) requires that the purpose of the green belt at the location is not undermined, the proposal is compatible with the surrounding countryside and landscape character and that design and materials minimise the visual impact as far as possible. 49. In this instance, it is considered that the proposed BESS is not in keeping with the agricultural character of the local landscape and is, therefore, contrary to the overall objectives of the Green Belt, “to protect and enhance the character, landscape setting and identity of settlements”. The proposed BESS will appear as an industrial development within the Green Belt, with limited mitigation. The applicant has submitted a Green Belt Analysis, however, the document’s conclusions are disputed. Importantly the development proposed does not have a direct relationship with the land. Furthermore, there has not been sufficient site specific reasoning given for the choice of this particular location within the Green Belt. The site is prominent, being at the side of a main road, and its development for this type of proposal would be visually intrusive. As a result of this proposal, the overall purpose of the Green Belt would be undermined. Given the scale and massing of the proposed development, the established landscape character of this area will be weakened. 50. Battery Energy Storage systems are considered renewable energy development for the purposes of NPF4 and are supported by Policy 11(a): Energy. NPF4 Policy 11(c) states that proposals will only be supported where they maximise net economic impact including local and community socio-economic benefits. In this instance, no information has been provided in this regard. NPF4 Policy 11(e) (ii) further sets out that proposals should demonstrate how significant landscape and visual impacts are addressed. In this instance, there has not been sufficient enough evidence submitted to demonstrate how any potential significant impacts Page 42 of 216
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can be addressed. This being the case, the proposed BESS is only partially in accordance with all the points of NPF4 Policy 11. 51. Finally, in relation to the principle of the development at this location, the site under question is identified as being at risk of flooding. As such, NPF4 Policy 22 a) i) Flood risk and water management states that development proposals which are at risk of flooding or in a flood risk area will only be supported if they are for essential infrastructure and where the location is required for operational reasons. Whilst it is accepted that this development is essential infrastructure, suitable evidence to demonstrate that this site, which is at risk of flooding, must be developed due to clear operational reasoning. Furthermore, it has not been shown that there are other sites in the vicinity, or between the site, and the intended connecting sub-station, which are not at flood risk which could be developed as an alternative. Although the applicant has attempted to justify the locational requirement for the site due to its proximity to a grid connection point, as mentioned the associated substation is located a not insignificant distance of 2.5km to the east. Evidence easily available, such as SEPA flood mapping, indicates that there are multiple locations in that catchment which are not at flood risk. 52. In light of the above, it is considered that the principle of the proposed BESS is contrary to LDP2 Policies 39, 43 and NPF4 Policies 8 and 22. Design and Layout 53. LDP2 Policy 1: Placemaking, requires new development to positively contribute to the quality of the surrounding built and natural environment. It further requires development to accord a series of place making criteria outlined in part B of the policy. On this basis, the physical nature of the proposal in terms of design, layout and physical characteristics must also be considered. 54. The design and layout essentially reflect the physical and engineering requirements for this type of development, taking into account environmental and technical standards. The application is supported by a Design and Access Statement, which provides details of the proposed design, in terms of the proposed dimensions of the infrastructure and materials, together with the layout of the proposed development. This being the case, the proposed BESS is in accordance with LDP2 Policy 1: Placemaking. 55. The BESS, and associated equipment, is to be located within a fenced compound. The compound is enclosed by a 2.4m high closeboard wooden fence. CCTV cameras will be directed inwards and will be located at each of the four corners of the compound. The development includes a new access roadway from the C410 (Tibbermore Road), constructed with type 2 aggregate. The roadway enters the compound from the northeast. The BESS compound is surrounded by new landscape planting, including mixed native hedging and trees along the Page 43 of 216
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southwest, northwest and northeast boundaries of the Site. Two water tanks are located within the eastern area of the site. The surface of the open areas within the BESS compound will consist of unsealed aggregate or gravel. 56. The DNO substation will be connected to the electricity network at the Burghmuir substation, located approximately 2.5km to the east on Old Gallows Road. The proposed operational lifespan of the BESS is 40 years from commissioning, after which all equipment would be removed and the Site returned to agricultural use. In light of the above, it is considered that the proposed battery storage facility is in accordance with LDP2 Policy 1 and NPF4 Policy 14 Design, quality and place. Residential Amenity 57. LDP2 Policy 56: Noise Pollution states that there will be a presumption against the siting of development proposals which will generate high levels of noise in the locality of existing or proposed noise sensitive land uses and similarly against the locating of noise sensitive uses near to sources of noise generation. 58. In this instance, a Noise Impact Assessment (NIA) has been submitted with the application, which concludes that there will be no impact to residential amenity resulting from noise emitted during the operation of the BESS. The Council’s Environmental Health Team have been consulted to consider any impact in relation to noise, and initially they objected on grounds of a lack of information. The submitted NIA did not demonstrate that the proposed development site is suitable with regards to noise from the proposed operations, and the effect on amenity at the closest Noise Sensitive Receptors (NSR). The applicant then submitted additional information to address this point, and Environmental Health have subsequently removed their objection subject to conditional control. As such, the proposed development is in accordance with LDP2 Policy 56 and NPF4 Policies 14. Fire Safety 59. The BESS has been designed and manufactured to high standards in respect of safety and operational sustainability. The design of the Scheme confirms with National Fire Chiefs' Council (NFCC) guidance on grid-scale BESS safety. This application is accompanied by an Outline Battery Safety Management Plan (OBSMP) which has potential hazards and how to limit them. The design of the scheme includes two water tanks, each with a capacity of 250,000 litres to provide water if required in the event of a fire. Regular maintenance checks of the proposed infrastructure will be carried out by qualified personnel to ensure that instances of infrastructure malfunction or failure are prevented as far as practicable. However, it is noted that fire safety is not a material planning consideration in the assessment of this application. Page 44 of 216
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Landscape and Visual Amenity 60. Perth and Kinross Council LDP2, Policy 39: Landscape states that development and land use change, including the creation of new hill tracks, should be compatible with the distinctive characteristics and features of Perth and Kinross’ landscapes. Accordingly, development proposals will be supported where they do not conflict with the aim of maintaining and enhancing the landscape qualities of Perth and Kinross, or the quality of landscape experience. 61. In this instance, the proximity of the development to the road and the location in a lower setting on the approach from both east and west will result in the proposed BESS forming a significant part of the landscape experience. The Landscape and Visual Impact Assessment (LVIA) states that views to pylons mitigate the impact of the development on the character of the landscape. However, the submitted visuals show that while the existing pylons are considered as part of the landscape character, they are distant and do not make a material contribution to the landscape experience in this location. Similarly, the wooden telegraph poles, whilst compatible with the wide rural landscape, don’t give the impression of electricity moving through the landscape, and are, therefore, not considered comparable in a visual sense to the proposed development. 62. The LVIA states that the landscape impact from a number of viewpoints will be moderate. However, the LVIA does not factor in the Green Belt location to the sensitivity assessment. LDP2 policy specifically requires all proposals to be appropriate to the overall objectives of the Green Belt, to protect and enhance the character, landscape setting and identity of settlements. In this instance, the potential impact on the greenbelt will have an adverse impact on the character and quality of the local landscape. There will be a significant impact in terms of visual amenity, especially from the road and the most adjacent dwellinghouses. This being the case, the proposed development is contrary to LDP2 Policy 39. Furthermore, all proposed planting and landscaping will take time to grow to, and be maintained at an adequate height to soften the visual impact of the development. NPF4 Policy 4: Natural Places requires that proposals protect, restore and enhance natural assets making best use of nature-based solutions. This being the case, for reasons mentioned above, the proposed development is contrary to LDP2 Policy 39 and NPF4 Policy 4. Loss of Agricultural Land 63. LDP2 Policy 50: Prime Agricultural Land states that outside the identified settlements, development on prime agricultural land will not be permitted, unless it is necessary to meet a specific established need, such as a major infrastructure proposal and only when there is no other suitable site available on non-prime land. Page 45 of 216
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64. LDP2 Policy 51: Soils states that the Council seeks to protect soils from damage such as erosion or compaction. Developments located on areas of good quality agricultural soils will only be supported where they: (a) minimise impact on soil resources. (b) implement appropriate soil management measures, particularly for valuable soils such as good-quality agricultural soils, and soils with a high organic content. (c) adopt best practice when moving, storing and reinstating soils. (d) consider opportunities to re-use soils necessarily excavated from the site. 65. In this instance, although the planning statement recognises that the majority of the built development will be on 3.2 non-prime agricultural soils part of the site is 3.1 prime agricultural land. The applicant has provided site search information to demonstrate avoidance of sites of 3.1 soils and to address the specific locational need for prime land. NPF4 Policy 5: Soils also requires that applications on prime land demonstrate that “the layout and design of the proposal minimises the amount of protected land that is required.” This being the case, the Council should be fully informed of which steps in the design process have been taken to minimise the use of 3.1 land. 66. Furthermore, a soil management plan would be required with any approval to ensure that the proposal fully considers any impacts on soil, including details of excavation, storing, handling and re-use of soils on site. This applies to grade 3.2 soils as well as any 3.1 soils affected. This could be covered by a suitably worded condition. The proposed development is, therefore, in accordance with LDP2 Policies 50 and 51 and NPF4 Policy 5. Roads and Access 67. LDP2 Policy 15: Public Access states that development proposals that would have an adverse impact upon the integrity of any (including proposed) core path, disused railway line, asserted right of way or other well-used route and connectivity proposals identified in the Regional Transport Strategy and Delivery Plan will not be permitted. 68. In this instance, the proposed BESS will not have an adverse impact on any existing access, core paths and rights of way. Furthermore, the construction phase will not require the re- routing of any paths 69. LDP2 Policy 60A: Existing Infrastructure, sees existing transport infrastructure identified, and encouragement given to the retention and improvement of these facilities provided the improvements are compatible with adjoining land uses. 70. Access to the site is via a new access roadway from the C410 (Tibbermore Road), which will be constructed using type 2 aggregate. The roadway enters the Page 46 of 216
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compound from the northeast. During the construction phase, traffic could be managed in accordance with a Construction Traffic Management Plan, which could be secured through a planning condition. Once the proposed BESS is operational, occasional visits for maintenance and monitoring by small vans would be required. 71. A Transport Statement (TS) has been prepared which states that all construction traffic will be transported via the A9 Trunk Road and then the A85 and the C410 (Tibbermore Road), to access the development site. The TS confirms the single point of access to the site will be from the C410 (Tibbermore Road) and will be used by both construction and operational traffic. The TS further states that the proposed access road will provide appropriate visibility and is designed to accommodate HGV’s. Sufficient visibility splays of 160 metres at a 2.4 metre setback are shown on the Site Access Sightlines drawing, and the submitted TS includes a supporting Speed Survey. 72. In terms of traffic generation, the TS states that, during the construction phase of the scheme, it is anticipated the proposal will generate very low levels of HGV movements per day. Furthermore, once the site is operational the traffic generation will still be low as the site will be unmanned, and trip generation will be associated with occasional maintenance trips, amounting to approximately one vehicle trip per month. 73. In light of the above, it is considered that the proposed development is in accordance with LDP2 Policies 15 and 60A. Drainage and Flooding 74. LDP2 Policy 52: New Development and Flooding, states that the Council supports the actions and objectives to avoid increased, reduce overall, and more generally manage flood risk in alignment with SEPA Strategies and Plans. NPF4 Policy 22 states that development proposals must have regard to the water environment, and drainage, including floodwater management, within any proposal. 75. Despite the submission of a revised Flood Risk Assessment (FRA),12 battery units were still showing as being located within the identified flood risk area. This would result in a reduction in flood plain capacity, due to the combined volume of the structures. NPF4 Policy 22 a) i) states that development proposals which are at risk of flooding or in a flood risk area will only be supported if they are for essential infrastructure and where the location is required for operational reasons. Whilst it is accepted that the proposal is essential infrastructure, suitable evidence to demonstrate that this site has an operational need to be developed for battery storage purposes has not been provided. Furthermore, it has not been shown that there is an operational reason for this specific site, as opposed to others which are not at flood risk. Page 47 of 216
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76. Although SEPA were consulted on the basis that this was essential infrastructure, it is at the Planning Authority’s discretion to consider if the site specific reasoning for developing a site at flood risk is appropriate. It was not considered necessary to reconsult SEPA once the Council arrived at the conclusion that there was no site specific reasoning and the proposals did not fall under any of the SEPA exemptions. This is because SEPA have been fully engaged with the Council during the assessment of this application and their position has been made clear. However, for reasons mentioned within the principle section of this report, it is not considered that the operational need justification has been demonstrated. In this instance, SEPA had originally submitted a holding objection on the grounds of flooding and lack of information being submitted regarding flood risk. The applicant subsequently submitted evidence that that the loss in flood plain capacity can be satisfactorily compensated for on site, and the proposed design of this flood storage has been approved by SEPA. This being the case, SEPA have removed their holding objection. Following this, the applicant has submitted a planning application (25/00086/FLL) for the proposed compensatory flood storage works, which has yet to be determined. In summary, although it is accepted that flood risk can be mitigated, NPF4 still does not allow for essential infrastructure on flood risk sites unless there is suitable operational reasons. For reasons mentioned above, it is not considered that there are suitable operations for this site, and as such the proposal is considered contrary to NPF4 Policy 22. 77. Also relevant to the flood risk of the site is LDP2 Policy 53C: Surface Water Drainage, requires Sustainable Urban Drainage Systems (SUDS) measures including relevant temporary measures at the construction phase. 78. In terms of SuDS, PKC Structures and Flooding initially objected on grounds of further information being required through the submission of a revised Flood Risk Assessment (FRA) and updated Drainage Strategy. This information was subsequently received and the objection has now been removed. It is therefore considered that the proposals comply with LDP2 Policies 52 and 53C. River Tay Special Area of Conservation Catchment 79. The River Tay is not expected to be directly affected based on the supplied drawings and reports. However, it is advisable to adhere to the SEPA Pollution Prevention Guidelines (PPG). Consideration should also be given to the impact on the River Tay Special Area of Conservation. This being the case, a condition could be included to ensure that a Construction Method Statement is submitted prior to development commencing on site. Furthermore, any revisions to the FRA must be reflected in an updated Drainage Strategy, which could also be covered by a condition. In terms of drainage, and subject to conditions, the proposed development is in accordance with LDP2 Policies 47 and 53C. Page 48 of 216
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Conservation Considerations 80. Polices 26A and 26B of the LDP2 and Policy 7 of NPF4 are applicable to the application. It has been confirmed that the site lies within an area considered to be archaeologically sensitive. Given that the application site is greenfield and does not appear to have been developed in the past, there is potential for unknown buried archaeological remains to survive. The Site is located within the Inventory Boundary of the Battle of Tippermuir (1644). A Heritage Statement has been submitted with this application. Historic Environment Scotland (HES) have not objected to the proposal, as it is not considered to raise any issues of national significance, and the height of the proposed units will not have a significant impact on any local heritage assets. 81. Initially, PKHT objected given the potential impacts on the Tippermuir Battlefield. Subsequently, the applicant has addressed this. Given the results of a recent metal detecting survey of the area, PKHT have now removed their objection, subject to the inclusion of a condition relating to a programme of archaeological works. The results of the metal detecting survey indicated that no archaeological artefacts relating the battlefield were identified and, as such, this has decreased the sensitivity of impact at this location. However, there is still potential for buried archaeological remains, both battlefields related and, perhaps more likely, the prehistoric context. This could be covered by the inclusion of a condition relating to the need for a programme of archaeological works to be submitted. In light of the above, and subject to an appropriately worded condition, the proposed development is in accordance with LDP2 policies 26A, 26B and NPF4 Policy 7. Natural Heritage and Biodiversity 82. LDP2 Policy 40: Forestry, Woodland, and Trees states that Tree Surveys, undertaken by a suitably qualified professional, should accompany all applications for planning permission where their sites contain trees and that there is a presumption in favour of protecting woodland resources. This policy is relevant in relation to the hedging on the site. 83. The Preliminary Ecological Appraisal Report recommends inclusion of only native species. However, in this instance, the submitted Landscaping Plan proposed planting 34 native trees and 6 non-natives. Furthermore, the submitted Landscaping Plan does not contain details of how trees will be maintained to ensure successful establishment in the landscape. However, subject to the inclusion of appropriately worded conditions to resolve these issues, the proposed development is in accordance with LDP2 Policy 40, and NPF4 Policy 6. 84. LDP2 Policy 41: Biodiversity states that the Council will seek to protect and enhance all wildlife and wildlife habitats, whether formally designated/protected or not, all whilst taking into account the ecosystems and natural processes in the area. In accordance with NPF4, Policy 3 development proposals for national or Page 49 of 216
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major development will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity, including nature networks so they are in a demonstrably better state than without intervention. This will include future management. In this instance, the submitted Preliminary Ecological Appraisal Report provides recommendations to achieve biodiversity enhancement but no confirmation of numbers and locations. 85. The PKC Planning for Nature Guidance clearly sets out what is required to inform planning applications, including a Site Biodiversity Action Plan. The plan should contain quantity, locations, techniques, timescales and monitoring arrangements. The plan should also include the recommendations set out in the submitted Preliminary Ecological Appraisal Report and the requirements set out in the PKC Planning for Nature Guidance. In this instance, a Site Biodiversity Action Plan has not been submitted. 86. In addition, the submitted Preliminary Ecological Appraisal Report was carried out in December 2023 which is out with the optimal surveying season. Undertaking survey in the sub-optimal period means botanical interests and breeding birds are not included. 87. However, subject to the inclusion of suitably worded conditions to address the above issues, the proposed development is in accordance with LDP Policy 41 and NPF4 Policy 3. Developer Contributions 88. Not applicable to this application. Economic Impact 89. The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. The proposal will support local renewable energy generation by helping balance fluctuations of intermittent energy generation. It will assist in the creation of a national grid asset of regional significance for the Perth and Kinross area. Variation of Application Under Section 32a 90. This application has been 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 are in relation to floods and drainage matters, and issues relating to noise. Planning Obligations and Legal Agreements 91. None required. Page 50 of 216
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Direction by Scottish Ministers 92. 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 93. 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 be contrary to the Development Plan. Account has been taken of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for refusal on the grounds identified below. Recommendation Refuse the application. Reasons for Recommendation 1. The proposed development is contrary to Policy 43 Green Belt of the Perth and Kinross Local Development Plan 2 (2019) and Policy 8 Green Belt of National Planning Framework 4 (2023) as the position of the proposed BESS within the Green Belt will result in a level of visual intrusion which would have a detrimental impact on the character and landscape setting of the Green Belt. 2. The proposed development is contrary to National Planning Framework 4 (2023) Policy 22 a) i) Flood risk and water management, as it has not been demonstrated that there is an operational need for essential infrastructure on this site which is at known risk of flooding. 3. The development, owing to its scale, area, and open location, will erode the local distinctiveness of landscape character at this location, significantly impacting the visual integrity of the area. The development is not considered to comply with Policy 39 ‘Landscape’ of the Perth and Kinross Local Development Plan 2019 and National Planning Framework 4 (2023) Policy 4 Natural Places. Background Papers Letters of representation 20 Authors Name Designation Contact Details Alan Atkins Planning Officer (Majors) 01738 475300 developmentmanagement@pkc.gov.uk Page 51 of 216
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Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 26 February 2025 Page 52 of 216
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Ü Formation of a 49.9MW energy storage facility comprising 24 battery storage container units 2 switchrooms, welfare unit, substation, ancillary equipment, formation of vehicular access and track, boundary treatments, landscaping and associated works on land 260 Metres Southwest of Taigh An Struith, Tibbermore, Perth 24/00750/FLM Scale 1:10,000 Planning and Placemaking Committee - 12 March 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(i) Page 53 of 216
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Ü Formation of a 49.9MW energy storage facility comprising 24 battery storage container units 2 switchrooms, welfare unit, substation, ancillary equipment, formation of vehicular access and track, boundary treatments, landscaping and associated works on land 260 Metres Southwest of Taigh An Struith, Tibbermore, Perth 24/00750/FLM Scale 1:5,000 Planning and Placemaking Committee - 12 March 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(i) Page 55 of 216
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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. 25/51) PROPOSAL: Erection of office building, workshop, yard, related infrastructure, landscaping and associated development matters specified in conditions 1(i - xvi), 3, 4, 9, 10, 11, 12, 13, 14,17 (approval of matters specified in conditions of 21/01518/IPM) LOCATION: Land 150 Metres South of Target House Ruthvenfield Road, Inveralmond Industrial Estate, Perth Ref. No: 24/01376/AMM Ward No: P11- Perth City North Summary This report recommends approval of a Matters Specified in Conditions (AMSC) application for the erection of office building, workshop, yard, related infrastructure, landscaping and associated development matters relating to the southern part of the site, referred to in the submitted indicative masterplan as Plot 16. This Report concludes that the proposal is consistent with the Development Plan, the existing Planning Permission in Principle (PPP) consent (Ref: 21/01518/IPM) and other relevant material planning considerations. Background and Description of Proposal 1 This application relates to an area of agricultural land that extends to approximately 1.69 hectares, located immediately to the west of Inveralmond Industrial Estate. The site falls within an area that forms part of the Local Development Plan 2 (LDP2) allocation known as ‘E38’ (23.6ha), which is identified for employment uses. Planning Permission in Principle (PPP) was also approved on the wider allocated site in January 2021 (Ref: 19/02033/IPM) to provide a mix of Class 4 (business), Class 5 (general industrial) and Class 6 (storage or distribution) uses and related access, landscaping, drainage and other infrastructure. 2 A full planning application was approved in June 2022 (Ref: 22/00373/FLL) for the erection of a new office building for SSE to the immediate north of this proposal. That office building has not yet been constructed. 5(1)(ii) Page 57 of 216
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3 That proposal was brought forward ahead of any application(s) for matters specified by condition for the wider allocated site as SSE’s build programme was significantly in advance of the anticipated development of the wider site. 4 An application was also approved in October 2023 (Ref: 23/00541/FLL) for an access road providing a continuation of Ruthvenfield Way. The access road will serve the SSE office building in addition to the proposed building that is subject of this AMSC application. The access road proposals are aligned with the secondary access proposed and approved as part of the masterplan submitted with the PPP. 5 There have been three Section 42 (S42) applications (Ref: 21/01518/IPM, 21/01519/IPM and 21/01795/IPM) to delete conditions 2, 3 and 7 of the original PPP approval. Condition 2 (21/01519/IPM) was refused (appeal dismissed), Condition 3 (21/01795/IPM) was approved and Condition 7 (21/01518/IPM) was refused, however, allowed on appeal, therefore, as the appeal decision notice is the most recent, it is those conditions this AMSC application relates to. 6 This application forms the first AMSC application and proposes an office building (Class 4), workshop, yard, drainage, hard and soft landscaping, access and associated works. The proposals will provide a new headquarters for I and H Brown Ltd and relates to plot 16 of the submitted indicative masterplan. The application proposes to discharge conditions 1(i - xvi), 3, 4, 9, 10, 11, 12, 13, 14,17 (approval of matters specified in conditions of 21/01518/IPM) 7 Two separate buildings are proposed, one being for office use and the other being a workshop. The office building will be positioned at the northern area of the site with a car park located to the south and landscaping, bin storage and secure bike storage to the southeast. Further south, a workshop, associated parking and concrete yard is proposed. A hardcore yard is proposed south again, which will complete the southern area of the site. Landscaping and perimeter fencing will enclose the site. Vehicular access will be taken directly from Ruthvenfield Way on the northwest boundary of the site. To the east of the office building (outwith the red line site boundary), a large SuDS basin will be incorporated into the wider landscape strategy for the site. This has been consented through planning permission Ref: 23/00541/FLL. Site History 8 17/00551/SCRN Development of site for business/industrial/storage and associated works. Decision issued 9 May 2017 – EIA Required. 9 17/00004/PAN Commercial development (classes 1, 3, 4, 5, 6 and car showroom sui genersis), landscaping, vehicular access and associated works. Approved 3 May 2017. 10 18/00006/PAN Erection of industrial units (classes 4, 5 and 6), formation of SUDS, landscaping and associated works. Approved 18 July 2018. Page 58 of 216
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11 18/01958/SCRN Employment development (Class 4, 5 and 6) Decision issued 7 November 2018 – EIA required. 12 19/02033/IPM Employment use development (class 4, 5 and 6) and associated works (allocated site E38) (in principle). Application Approved 14 January 2021. 13 21/01518/IPM S42 application to delete Condition 7 (Public Transport Infrastructure) of permission 19/02033/IPM. Application Refused - 16 December 2021 (Appeal Allowed July 2022). 14 21/01519/IPM S42 application to delete Condition 2 (developer contributions) of permission 19/02033/IPM. Application Refused - 16 December 2021 (Appeal Dismissed May 2022). 15 21/01795/IPM S42 application to delete Condition 3 (Broxden traffic assessment) of permission 19/02033/IPM. Application Approved - 21 February 2022. 16 22/00373/FLL Erection of an office building (Class 4), installation of lighting and CCTV and associated works (allocated site E38). Application Approved - 10 June 2022. Environmental Impact Assessment 17 The proposal is of a type listed within Schedule 2 of the EIA Regulations. The impact of the wider development site has been subject of EIA screening (18/01958/SCRN) and it was determined that the proposal does constitute an EIA development. An EIA Report was submitted as part of the application for planning permission in principle. Pre-Application Consultation 18 The proposed development is classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. However, as the proposal is an AMSC application, further pre-application consultation (PAC) is not necessary beyond that already undertaken for the planning permission in principle. Development Plan 19 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 20 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve peoples lives by making sustainable, liveable Page 59 of 216
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and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 21 The Council’s assessment of this application has included the following policies of NPF4: Policy 1: Tackling the Climate and Nature Crises Policy 2: Climate Mitigation and Adaptation Policy 3: Biodiversity Policy 6: Forestry, Woodland and Trees Policy 7: Historic Assets and Places Policy 13: Sustainable Transport Policy 14: Design, Quality and Place Policy 18: Infrastructure First Policy 22: Flood Risk and Water Management Policy 23: Health and Safety Policy 26: Business and Industry Perth and Kinross Local Development Plan 2019 22 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. 23 The principal relevant policies are, in summary; Policy 1A: Placemaking Policy 1B: Placemaking Policy 5: Infrastructure Contributions Policy 7A: Employment and Mixed Used Areas: Business and Industrial Policy 26B: Scheduled Monuments and Archaeology: Archaeology Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development Policy 39: Landscape Policy 40A: Forest, Woodland and Trees Policy 52: New Development and Flooding Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 55:Nuisance from Artificial Light and Light Pollution Policy 56: Noise Pollution Policy 57: Air Pollution Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Page 60 of 216
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Statutory Supplementary Guidance 24 Supplementary Guidance - Air Quality (adopted in 2020) Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) Supplementary Guidance - Landscape (adopted in 2020) Supplementary Guidance - Placemaking (adopted in 2020) PKC Non Statutory Guidance 25 Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC Planning Guidance - Planning & Biodiversity Supplementary Guidance - Renewable & Low Carbon Energy (draft) National Guidance 26 The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 27 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: PAN 51 Planning, Environmental Protection and Regulation PAN 60 Planning for Natural Heritage PAN 61 Planning and Sustainable Urban Drainage Systems PAN 69 Planning and Building Standards Advice on Flooding PAN 75 Planning for Transport PAN 77 Designing Safer Places PAN 79 Water and Drainage PAN 83 Masterplanning Creating Places 2013 28 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. Page 61 of 216
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Designing Streets 2010 29 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 30 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. Consultations 31 As part of the planning application process the following bodies were consulted: External 32 Scottish Water – no objections. 33 Transport Scotland – no objections. 34 Scottish Environment Protection Agency (SEPA) – no objections. 35 Perth and Kinross Heritage Trust (PKHT) – no objections. Internal 36 Transportation and Development – no objections subject to conditions. 37 Biodiversity/Tree Officer – no objections subject to conditions. 38 Structures and Flooding – no objections. 39 Environmental Health (Noise Odour) – no objections subject to conditions. 40 Environmental Health (Contaminated Land) – no objections. 41 Commercial Waste Team – no objections. 42 Developer Contributions Officer – no objections. Representations 43 None. Page 62 of 216
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Additional Statements 44 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report EIAR not required 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 eg Flood Risk Assessment Flood Risk Assessment Dust Management Pan Noise Impact Assessment Drainage Calculations/Drainage Construction Details Indicative Masterplan and Phasing Plan Sustainability and Energy Statement Written Scheme of Investigation Biodiversity Action Plan Landscape Management Plan and Maintenance Plan Lighting Plan Appraisal 45 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 46 The principle of the proposal has been established through the site’s allocation as E38 in LDP2 for employment uses. This allocation in LDP2 is intended to support the growth and expansion of the existing Inveralmond Industrial Estate. Planning permission in principle (PPP) (Ref: 19/02033/IPM) has also been granted for a mix of Class 4 (business), Class 5 (general industrial) and Class 6 (storage or distribution) uses and related access, landscaping, drainage and Page 63 of 216
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other infrastructure. The principle of the proposal is acceptable subject to compliance with relevant development plan policies and other material considerations. These matters are considered in detail below. Design and Layout 47 NPF4 Policy 14: Design, Quality and Place and LDP2 Policy 1: Placemaking is of relevance in association with various PPP conditions. 48 The proposed workshop comprises 4 bays with ancillary facilities. It will have a footprint measuring approximately 617 sqm and will have a shallow pitched roof. Finishing materials will comprise of grey concrete block for the basecourse with insulated profiled metal sheeting finished in green for the walls and roof. The windows will be aluminium clad, finished in green with steel roller doors, also finished green. Access into the warehouse will be on the west elevation which comprises of 4 doors. This building will be located adjacent to the eastern boundary of the site, to the south of the office building/car parking/landscaping. A concrete yard will be located to the west. The yard will measure approximately 18259 sqm and will incorporate a diesel tank, wash bay and parking. A further hardcore yard is proposed further south and a 2m high fence will be installed around the perimeter of the yard. 49 The proposed office building is a two-storey pitched roofed structure in a mix of traditional/contemporary design, with a footprint measuring approximately 590sqm for office and ancillary facilities. The south elevation of the building will be largely glazed as will the north, albeit to a lesser extent. Stone feature panels are proposed on the north, south and west elevations whereby the company name will be advertised (subject to a separate advertisement consent). Finishing materials will comprise of off-white render for the basecourse and walls, green vertical cladding to the upper level and aluminium clad windows, finished grey. The roof will comprise of insulated profile metal sheeting, finished grey. The building will be positioned within the northern area of the site with a car park located to the south of the building. 50 The proposed office building will be of a high standard of design and finish, which will introduce some visual interest into an area that is dominated by large, relatively bland industrial buildings. Furthermore, the building will sit well with the adjacent consented SSE office building. 51 The workshop building is of standard design which will not look out of place within its context. The layout of the site is also well conceived, with the proposed office building placed within its own landscaped area and the car park located to the south, allowing the building to be the dominant feature of the development. 52 As such, it is considered that the design and layout of the development is acceptable and complies with the requirements of NPF 4 Policy 14 and LDP2 Policies 1A and 1B. Page 64 of 216
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Phasing and Delivery Plan 53 Condition 1 (i) requires the submission of a detailed phasing and delivery plan for the whole site. This has been submitted which reflects the planning approvals to date and forward thinking for the remainder of the PPP site. Included within the masterplan is an area outwith the PPP boundary, however, within the E38 allocation. This site, however, will be subject to a future application. The development of the SSE plot is currently unknown but it is anticipated that the access road will come forward first, followed by the I and H Brown plot (subject to gaining consent) which is programmed to commence in Spring 2026. Landscape and Visual Amenity 54 Condition 1 (vii) and 13 of the PPP requires details of landscaping, structure planting and screening associated with the development. NPF4 Policy 6: Forestry, Woodland and Trees; and LDP2 Polices 1: Placemaking; 39: Landscape; and 40A: Forestry, Woodland and Trees are all relevant in considering landscape and visual amenity. 55 The proposed development is located within an industrial estate, on a site that is zoned for large scale development. It is considered that the proposed development will not appear out of place in the landscape when viewed in context with the adjacent large industrial buildings. The proposals also provide a reasonably robust landscaping scheme for the area around the building comprising of a variety of trees, plants and shrubs that will enhance the visual amenity of the immediate area. No tree/hedge planting is proposed on the western boundary of the site as this area includes a service strip. A woodland mix of shrubs and trees (minimum 5m wide) are proposed on the southern and eastern boundaries of the site. 56 As such, it is considered that the proposed development will not have any adverse impact on the character of the landscape or visual amenity of the area. It is a logical extension of the existing employment offer at Inveralmond and as such the proposal, subject to condition 11, accords with the provisions of PPP and meets the objectives of NPF4 Policy 6, LDP2 Policy 1, Policy 39 and Policy 40A. Residential Amenity 57 Residential amenity requires to be considered under NPF4 Policy 26: Business and Industry, LDP2 Policy 1: Placemaking and Policy 17: Residential Areas as well as PPP conditions. Additionally, NPF4 Policy 23 and LDP2 Policies 55, 56 and 57 which relate to light, air and noise pollution are relevant. 58 The proposed site is located within the Inveralmond Industrial Estate within an area that is zoned for industrial uses. It will also be remote from any nearby housing development. As such, it is unlikely that the proposed development would result in any adverse impact on any nearby residential amenity. Page 65 of 216
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Noise 59 Condition 1(ix) and 10 of the PPP requires an assessment of noise. The applicant has submitted a noise impact assessment (NIA) document reference 1857 R001 V1 AH dated 23 October 2023 which was undertaken by CPS Acoustics. This has been reviewed by Environmental Health Officers. 60 The NIA assessed plant and operational noise from the site and the predicted noise levels at the five noise sensitive receptors assessed. The NIA assessment concluded that predicted noise from plant and operations from the development would meet the NR 35 daytime criteria for plant noise and the BS4142 to meet a rating noise level no more than 5dB above residual background noise level. 61 To ensure compliance with LDP2 Policy 55 and 56, Environmental Health has recommended standard conditions relating to noise from plant and equipment, noise from the battery storage facility and external lighting, in order to ensure that adequate controls are in place to prevent any impact on the amenity of the area. A condition limiting construction hours has also been applied in order to be consistent with the terms of the 2019 PPP for the wider site and a condition in relation to servicing of and deliveries to the premises. Air Quality 62 Condition 9 of the PPP requires an assessment of dust for the construction stage, detailing prevention control and mitigation measures for dust. 63 The applicant has submitted a Dust Management Plan (DMP), dated August 2024, ‘Dust Management Plan, I&H Brown Office Building & Plant Depot Ruthvenfield, Perth’ which has been reviewed by Environmental Health Officers. 64 A dust risk assessment was undertaken in line with IAQM Guidance on the assessment of dust from demolition and construction August 2023 and site classification was Medium Risk sensitivity of receptors and the dust prevention, suppression and monitoring procedures set out within the DMP are based on this classification. 65 Subject to condition insofar as the recommendations and mitigation measures in the DMP, drawing No.26, shall be implemented in full throughout the construction phase of the development, Environmental Health Officers have no adverse comments, therefore, there are no conflicts with LDP2 Policy 57. 66 Overall, subject to conditions 3-9 (inclusive) the proposal accords with the provisions of PPP and meets the objectives of NPF4 and LDP2. Roads and Access 67 Condition 1(iv) of the PPP specifies details required for access, car parking, public transport facilities, roads, footpaths, cycleways and related structures. Page 66 of 216
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Condition1 (xiii) requires the submission of a green travel plan including provision of electric vehicle charging points. Condition 1 (xvi) requires vehicular access and egress road levels. Condition 3 supplements condition 1 (iv), condition 4 supplements condition 1 (xiii), condition 5 requires the submission of a Construction Traffic Management Scheme (CTMS), and condition 6 requires a scheme for a new shared path. 68 NPF4 Policy 13: Sustainable Transport seeks to encourage developments that prioritise sustainable travel while LDP2 Policy 60 Transport Standards and Accessibility Requirements requires consideration of transport and accessibility Condition 1(iv) 69 No Road Construction Consent (RCC) has been granted yet for the access road (extension of Ruthvenfield Way), and following consent, an RCC amendment may be required in order to form the proposed vehicular access. An informative is recommended. 70 In respect of car parking, in addition to the parking proposed, the applicant shall provide two disabled parking bays for the Workshop based on the Class 5 parking standards outlined in the National Roads Development Guide. This can be controlled by condition. 71 Adequate space for parking and turning of service vehicles is provided within the yard space. 72 In terms of cycle parking, adequate provision is proposed with a 20 space two tier cycle shelter to be located to the southeast of the office building. 73 The matter of footpaths has not been addressed, however, this condition can be re-applied. Condition 1 (xiii) 74 The Green Travel Plan (GTP) framework for the master site has been provided by the applicant which will form the basis of any subsequent travel plans for the operators of the individual plots. This condition, however, will be re-applied to ensure a GTP is submitted for this individual plot. Condition 1 (xvi) 75 No Road Construction Consent (RCC) has been granted yet for the access road (extension of Ruthvenfield Way), and following consent, an RCC amendment may be required in order to form the proposed vehicular access. An informative is recommended. The vehicular access and egress levels can be secured through this process. Page 67 of 216
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Condition 3 76 See comments for Condition 1(iv). This condition will be re-applied. Condition 4 77 See comments for Condition 1(xiii). This condition will be re-applied. Condition 5 78 The proposal does not seek to discharge this condition and therefore the construction traffic management scheme (CTMS) has not been provided. This condition shall be re-applied. Condition 6 79 The proposal does not seek to discharge this condition, therefore, no information has been provided in terms of the shared path along Ruthvenfield Road. This condition shall be re-applied. Streetlighting 80 An approved street lighting design is required for any PKC adoptable areas and include any alterations to existing street lighting on Ruthvenfield Way and Road. A condition will be applied to discuss the lighting design and to obtain approval. 81 Overall, it is considered that the proposals raise no issues or concerns in respect to roads or access related matters. Both the Council’s Transport Planning Team and Transport Scotland have also received the proposals and have made no objection, subject to conditions 15-20 (inclusive), to the development. The proposal accords with the provisions of PPP and meets the objectives of NPF4 and LDP2. Drainage and Flooding 82 PPP Condition 1 (viii) and condition 17 requires details of foul and surface water drainage to be submitted. A Drainage Strategy Plan has been submitted with the application which outlines the proposed foul and surface water details. Colleagues in the Council’s Structures and Flooding Team and SEPA have reviewed this and have not raised any objections. 83 In terms of Flood Risk, the site is located approximately 35m north of the Town’s Lade watercourse and approximately 470m south of the River Almond. The site is located in the High (greater than two hundred years (1:200) – 0.5% change of flooding), Medium (once in every two hundred years (1:200) – 0.5% chance of flooding) and Low (once in every thousand years (1:1000) – 0.1% chance of flooding) likelihood of fluvial flooding extents as shown on the SEPA flood mapping. Page 68 of 216
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84 Modelling has been undertaken as part of this application which demonstrates that the site is outside of the functional floodplain for the following events: 1 in 10 year, 1 in 200 year, 1 in 200 year plus 53% climate change and 1 in 1000 year. 85 SEPA have commented that with regards to the River Almond, the site would likely be protected by flood defences to the north which would also likely ensure safe access and egress via the Inveralmond Industrial Estate. The Town’s Lade flows are controlled by a penstock upstream on the River Almond. This restrict the flows that come down via this path and modelling has confirmed that the site is unlikely to be at risk of flooding from this source. 86 Overall, the proposal complies with NPF4 Policy 22: Flood Risk and Water Management and LDP2 Policy 52: New Development and Flooding and Policy 53: Water Environment and Drainage. Waste Collection 87 The PPP seeks to ensure appropriate waste and recycling provision is identified and secured as part of the AMSC applications. There is considered to be adequate provision to accommodate the conditional requirements in this regard, satisfying the terms of the PPP. There are therefore no waste collection concerns. Conservation Considerations 88 As required by Condition 1 (xiv) and 12 of the PPP a Written Scheme of Investigation is required to fulfil the requirements of Perth and Kinross Heritage Trust (PKHT) for an archaeological evaluation of the development area. 89 The historic background is outlined in a WSI carried out by CFA Archaeology which has been submitted alongside this application. PKHT have been consulted and advised that although the area falls within a wider application with archaeological conditions, in this instance it is located next to and partially covered by between two negative archaeological evaluations (EPK1600 and EPK1162), therefore, for this red line site boundary only, no archaeological mitigation is required. 90 As such, the proposal complies with NPF4 Policy 7: Historic Assets and Places and LDP2 Policy 26: Scheduled Monuments and Archaeology. Natural Heritage and Biodiversity 91 The consideration of natural heritage and biodiversity is integral to the layout, design and landscaping detail required by the PPP. NPF4 Policy 1: Sustainable Places, Policy 3: Biodiversity, Policy 4: Natural Places and Policy 6: Forestry Woodland and Trees are relevant considerations as are LDP2 Policies 38: Environment and Conservation, 40: Forestry, Woodland and Trees and 41: Biodiversity. The PPP requires a Construction Environment Management Plan Page 69 of 216
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(CEMP), Biodiversity Action Plan (BAP) and detailed landscaping and planting scheme as per conditions 1 (vii, xii), 9, 13 and 14, all of which have been submitted. 92 Condition 9 requires an updated Construction Environment Management Plan (CEMP) including a detailed Dust Management Plan. The submitted CEMP has been reviewed by the Council’s Biodiversity Officer. It includes appropriate measures for trees and biodiversity and from that perspective, is sufficient to agree condition 9. 93 Condition 13 requires a detailed landscaping and planting scheme. The submitted landscaping and planting scheme includes an appropriate level of planting and screening and as such is sufficient to agree condition 13. 94 Condition 14 requires a Biodiversity Action Plan. The submitted Plan has been reviewed by the Council’s Biodiversity Officer. Following an update to plans and more information the details are considered to be acceptable in terms of landscape and biodiversity value. 95 It is considered that the development of the site does not raise any issues or concerns in respect to natural heritage or biodiversity. It is concluded that the proposal adequately provides for and enhances natural heritage and biodiversity and subject to conditions 12-14 (inclusive) complies with the relevant policies of NPF4 and LDP2. Low and Zero Carbon Generating Technologies 96 LDP2 Policy 32 ‘Embedding Low and Zero Carbon Generating Technology in New Development’ states that proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. As this proposal includes the erection of a new building, consideration must be given to this requirement. Further, NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ requires that development should be designed to reduce greenhouse gas emissions. 97 A Sustainability and Energy Statement has been provided that outlines how the development will meet the CO2 emissions reductions through both the energy efficiency of the constructions and installation of solar PV. It states that ‘In addition to the installation of a highly efficient Mitsubishi RAF heat pump systems providing sustainable heating and cooling to the building, renewable technology is to be included in the development proposals in the form of Photovoltaic (PV) panel array for both the office building and workshop. The workshop area will also feature battery storage. This fits with the Council’s approach and a suspensive condition has been applied to cover the actual calculations that can be undertaken in relation to the finalised designs at the Building Warrant stage. As such the proposal, subject to condition 11, complies with LDP2 Policy 32. Page 70 of 216
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Developer Contributions 98 Condition 2 of the original Planning Permission in Principle (19/02033/IPM) for this site allows for the 10,000 sqm of the development to be exempt from any Transport Infrastructure contributions. To date, 2,450sqm has been approved at the site (22/00373/FLL). The current application therefore qualifies for this exemption. Economic Impact 99 The proposal is considered to have a positive economic impact on Perth and the wider area and there is also likely to be positive impacts from the construction phase of the development. Planning Obligations and Legal Agreements 100 None required. Direction by Scottish Ministers 101 None applicable to this proposal. Conclusion and Reasons for Recommendation 102 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 of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for approval subject to the following conditions. Recommendation Approve the application subject to the following conditions: Conditions and Reasons for Recommendation General 1. The development hereby permitted shall be commenced no later than the expiration of two years from the date of this consent or from the date of subsequent approval of matters specified in conditions, or three years from the date of planning permission in principle, whichever is the later. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. Page 71 of 216
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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. Residential Amenity 3. The recommendations and mitigation measures in the approved Dust Management Plan dated August 2024, Drawing No.26, shall be implemented in full throughout the construction phase of the development to the satisfaction of the Council as Planning Authority. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 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 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve. Reason - In order to safeguard the neighbouring residential amenity in the area. 5. Noise from the battery storage facility shall not exceed 37dB LAeq, (15 min), including any relevant penalties for tonality, impulsivity, intermittency, or other sound characteristics, when measured at any residential property in accordance with BS4142 – Method for Rating Industrial Noise Affecting Mixed Residential and Industrial Areas. Reason - In order to safeguard the neighbouring residential amenity in the area. 6. 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). The above shall be implemented throughout the construction stage of the development unless otherwise agreed in writing with the Council as Planning Authority andin consultation with Environmental Health. Reason - To ensure a satisfactory standard of local environmental quality. 7. The hours of operations shall be restricted to 0700 hours to 1900 hours daily. Reason - To ensure a satisfactory standard of local environmental quality. 8. Servicing of and deliveries to the premises shall be carried out between 0700 and 1900 daily. Page 72 of 216
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Reason - To ensure a satisfactory standard of local environmental quality. 9. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In order to safeguard the residential amenity of the area. Landscaping 10. The detailed landscaping and planting scheme which is hereby approved shall be completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. The approved scheme shall thereafter be maintained with any planting which fails to become established within five years being replaced in the following planting season with others of a size and species as previously approved. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. Environmental Impact and Biodiversity 11. Prior to the occupation of development hereby approved, a scheme shall be submitted to, and approved in writing by, the Council as Planning Authority that demonstrates how at least 10% of the current carbon emissions reduction set by the Scottish Buildings Standards will be met through the installation and operation of low and zero-carbon technologies. This scheme shall detail the following: a) the technology types; b) illustrate, through technical calculations, that these will meet at least the 10% reduction; c) their siting and location; and d) ongoing operation and maintenance. Once approved, the development shall be completed in accordance with the approved scheme and no individual unit shall be occupied until the scheme has been installed and operating. Reason - In order to demonstrate compliance with both Policy 32 of the local development plan and the carbon emissions reduction set by Scottish Building Standards. 12. The conclusions and recommended action points within the Biodiversity Action Plan (drawing number 36) submitted and hereby approved shall be fully adhered to, respected and undertaken. Page 73 of 216
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Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 13. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day. Reason - To ensure a satisfactory standard of local environmental quality; to safeguard the welfare of any protected wildlife. 14. The submitted Construction Environment Management Plan (CEMP) shall be implemented concurrent with the development. The CEMP will remain a dynamic document throughout the duration of construction and until the completion of development. The CEMP can be amended as necessary to meet best practice in terms of environment or ecology. Any amendments will be submitted to the Planning Authority as soon as reasonably practicable citing the relevant amendment and appropriate guidance for written approval. Reason - In the interest of protecting environmental quality and of biodiversity. Roads and Access 15. Prior to the commencement of the development hereby approved, the developer 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 refuse 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; 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; Page 74 of 216
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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. the provision and installation of traffic counters at the applicant's expense at locations to be agreed prior to the commencement of construction; n. monitoring, reporting and implementation arrangements; o. arrangements for dealing with non-compliance; and p. 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. 16. As part of the next application for the Approval of Matters Specified by Condition (AMSC) for the wider site that has been granted in principle, planning ref: 21/01518/IPM, a scheme for a new shared path of an appropriate standard along an agreed section of Ruthvenfield Road shall be submitted for the written approval of the Council as Planning Authority. The approved scheme shall thereafter be fully installed as per the agreed details. Reason – in the interests of road and pedestrian safety. 17. Development shall not commence until a detailed Green Travel Plan (GTP), aimed at encouraging more sustainable means of travel has been submitted to and agreed in writing by the Council as Planning Authority. The GTP will have particular regard to provision for walking; cycling; public transport access to and within the site; electric vehicle (EV) charging points and will identify the measures to be provided (including the provision of new and/or enhanced public transport services), any phasing, the system of management, monitoring, review, reporting and the duration of the Plan. The GTP as agreed shall be fully implemented in accordance with the details agreed. Reason - In the interests of sustainable transport. 18. Prior to the development hereby approved being completed or brought into use, all matters regarding access, car parking, public transport facilities, footpaths/cycleways, road layout, design and specification, including the disposal of surface water and related structures, shall be in accordance with the standards required by the Council as Roads Authority. Page 75 of 216
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Reason - In the interest of vehicle and pedestrian safety and in accordance with the policies of the adopted Perth and Kinross Local Development Plan 2019. 19. Prior to occupation, the applicant shall form two disabled parking bays adjacent to the proposed Workshop, in accordance with the design principles outlined in the National Roads Development Guide. Reason – In the interests of enabling inclusive access to the site. 200. Prior to commencement of works, the street lighting design for all adopted areas must be submitted for the further written agreement of the Council as Planning Authority, in consultation with Perth & Kinross Council’s Street Lighting Partnership. 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 prior to the occupation of the first dwellinghouse and maintained in full accordance with the agreed scheme. Reason - In the interests of road safety. 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 applicable. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. No work shall be commenced until an application for building warrant has been submitted and approved. Page 76 of 216
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4. 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 5. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 6. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 7. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013, as amended. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: Displayed in a prominent place at or in the vicinity of the site of the development Readily visible to the public Printed on durable material. 8. The applicant should be advised that in terms of Section 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority consent to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environmental Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 9. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. Page 77 of 216
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10. The presence of protected species, and the extent to which they could be affected by the proposed development, should be established before works commence. Should protected species be identified within the site the developer should ensure that all appropriate measures required to comply with the relevant legislation are carried out. 11. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 12. Application for a new postal address should be made via the Street Naming and Numbering page on the Perth & Kinross Council website at www.pkc.gov.uk/snn. Please note there is a charge for this service and submission cannot be made until the relevant Building Warrant has been approved. 13. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act 1984 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. Background Papers Letters of representation 0 Authors Name Designation Contact Details Gillian Peebles Planning Officer (Majors) 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 26 February 2025 Page 78 of 216
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Ü Erection of office building, workshop, yard, related infrastructure, landscaping and associated development matters specified in conditions 1(i - xvi), 3, 4, 9, 10, 11, 12, 13, 14,17 (approval of matters specified in conditions of 21/01518/IPM) on land 150 metres South of Target House, Ruthvenfield Road, Inveralmond Industrial Estate, Perth 24/01376/AMM Scale 1:10,000 Planning and Placemaking Committee - 12 March 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(ii) Page 79 of 216
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Ü Erection of office building, workshop, yard, related infrastructure, landscaping and associated development matters specified in conditions 1(i - xvi), 3, 4, 9, 10, 11, 12, 13, 14,17 (approval of matters specified in conditions of 21/01518/IPM) on land 150 metres South of Target House, Ruthvenfield Road, Inveralmond Industrial Estate, Perth 24/01376/AMM Scale 1:5,000 Planning and Placemaking Committee - 12 March 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(ii) Page 81 of 216
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Perth and Kinross Council Planning and Placemaking Committee – 12 March 2025 Report of Handling by Strategic Lead: Economy, Development and Planning (Report No. 25/52) PROPOSAL: Erection of 41 dwellinghouse, landscaping and associated works (change of house type plots 15-28 and 73-99 of 19/01130/AMM) (allocated site H30) LOCATION: Land at Stanley Village (H30), Stanley, Perth Ref. No: 24/01485/AMM Ward No: P5- Strathtay Summary This report recommends approval of the Approval of Matters Specified by Condition (AMSC) application for the erection of 41 dwellinghouse, landscaping and associated works (change of house type plots 15-28 and 73-99 of 19/01130/AMM) on Land At Stanley Village (H30), Stanley. Overall the proposal remains consistent with the Development Plan and approved masterplan and is recommended for approval, subject to conditions. Background and Description of Proposal 1 The application site relates to land to the west of Perth Road, Stanley. The applicant is proposing a remix of the housing on Phase 2 due to changing economic conditions and market demand. As such the application seeks an AMSC for the erection of 41 dwellinghouse, landscaping and associated works (change of house type plots 15-28 and 73-99 of 19/01130/AMM). The proposal results in a reduction of one plot (plot 100). 2 The site is allocated in the Perth and Kinross Local Development Plan (2019) (LDP2) as H30. This allocations forms part of a wider masterplan and allocation for residential development across Stanley comprising of five site allocations (H30-H34). Cumulatively, the LDP2 allocations total an area of 25.7 hectares (ha), with the indicative range of 248-387 residential units -of which only 280 units can be built by 2024. 5(1)(iii) Page 83 of 216
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3 Planning Permission in Principle (PPP) was granted as one application across the entire H30-H24 allocation in August 2018 (Ref: 17/00088/IPM), which was subject to a Section 75 legal agreement and planning conditions, including an Approval of Matters Specified in Condition (AMSC) requiring detailed layout and design detail for all sites by August 2023. A masterplan and indicative layout plan were submitted with the PPP application indicating 465 units in total for all sites, with 125 dwellings on H30; however, these were not approved. Condition 7 of the PPP does limit the permission to 431 residential units across the H30-H34 allocations. 4 The site (H30) extends to approximately 14.6ha and benefits from planning permission for 183 dwellinghouses and 4 flats. This site is the southern-most site in the proposed Stanley masterplan, located to the southwest of the village and is bound by residential properties to the north, A93 to the east, agricultural land to the south and a core path and railway line to the west. The topography is mixed; with a hill and high point to the south, with a series of undulations towards the northern boundary. Environmental Impact Assessment 5 An EIA Report was not required to be submitted with the proposal as the scale of amended development falls below the thresholds. The wider 183 dwellinghouses and 4 flats, however, was screened and not considered to require EIA (16/01867/SCRN). Pre-Application Consultation 6 As an AMSC application, there is no formal further pre-application consultation with the local community required. Development Plan 7 The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance. National Planning Framework 4 8 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve peoples lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 9 The Council’s assessment of this application has considered the following policies of NPF4: Policy 1: Tackling the Climate and Nature Crises Page 84 of 216
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Policy 2: Climate Mitigation and Adaptation Policy 3: Biodiversity Policy 6: Forestry, Woodland and Trees Policy 13: Sustainable Transport Policy 14: Design, Quality and Place Policy 15: Local Living and 20 Minute Neighbourhoods Policy 16: Quality Homes Policy 18: Infrastructure First Policy 19: Heating and Cooling Policy 20: Blue and Green Infrastructure Policy 22: Flood Risk and Water Management Perth and Kinross Local Development Plan 2019 10 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 11 The principal relevant policies are, in summary; Policy 1A: Placemaking Policy 1B: Placemaking Policy 5: Infrastructure Contributions Policy 14B: Open Space Retention and Provision: Open Space within New Developments Policy 15: Public Access Policy 17: Residential Areas Policy 20: Affordable Housing Policy 23: Delivery of Development Sites Policy 25: Housing Mix Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development Policy 34A: Sustainable Heating & Cooling: Heat Networks, Major Development and LDP Site Allocations Policy 38A: Environment and Conservation: International Nature Conservation Sites Policy 38B: Environment and Conservation: National Designations Policy 38C: Environment and Conservation: Local Designations Policy 39: Landscape Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity Policy 42: Green Infrastructure Policy 47: River Tay Catchment Area Page 85 of 216
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Policy 50: Prime Agricultural Land Policy 52: New Development and Flooding Policy 53A: Water Environment and Drainage: Water Environment Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 56: Noise Pollution Policy 57: Air Quality Policy 60A: Transport Standards and Accessibility Requirements: Existing Infrastructure Statutory Supplementary Guidance 12 Supplementary Guidance - Air Quality (adopted in 2020) Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) Supplementary Guidance - Landscape (adopted in 2020) Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) Supplementary Guidance - Placemaking (adopted in 2020) PKC Non Statutory Guidance 13 Planning Guidance - Delivery of Development Sites Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC Planning Guidance - Planning & Biodiversity National Guidance 14 The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 15 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: PAN 2/2010 Affordable Housing and Housing Land Audits PAN 1/2011 Planning and Noise PAN 40 Development Management PAN 51 Planning, Environmental Protection and Regulation Page 86 of 216
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PAN 60 Planning for Natural Heritage PAN 61 Planning and Sustainable Urban Drainage Systems PAN 63 Waste Management Planning PAN 65 Planning and Open Space PAN 67 Housing Quality PAN 68 Design Statements PAN 69 Planning and Building standards Advice on Flooding PAN 75 Planning for Transport PAN 77 Designing Safer Places PAN 79 Water and Drainage PAN 83 Masterplanning Creating Places 2013 16 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 17 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 18 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. Site History 19 15/00010/PAN Proposed masterplan for village expansion 18 June 2015. 20 17/00088/IPM Mixed use development (in principle) Application Approved 24 August 2018. 21 19/01130/AMM Erection of 183 dwellinghouses and 4 flats, formation of a vehicular access, play park, landscaping and associated works (approval of matters specified in conditions of 17/00088/IPM) (allocated site H30) Application Approved 3 June 2020. Page 87 of 216
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22 19/01373/FLL Alterations to public road, formation of vehicular access and associated works Application Approved 2 July 2020. 23 20/00096/FLL Formation of a crossing point and associated works Application Approved 3 July 2020. 24 22/00545/ADV Advertisement Consent for Display of 10 flagpoles and 4 signs Approved 17 May 2022. 25 22/00602/FLL Full Planning Permission for siting of a sales cabin and associated works (for a temporary period) Application Approved 10 June 2022. 26 23/00674/FLL Full Planning Permission for erection of 9 dwellinghouses (change of house type), alterations to road layout and landscaping works Application Approved on 3 October 2023. Consultations 27 As part of the planning application process the following bodies were consulted: External 28 Scottish Water – no comments. 29 Perth and Kinross Heritage Trust (PKHT)– no objections. Internal 30 Environmental Health (Contaminated Land) – no objections. 31 Community Waste Advisor - Environment Service – no comments. 32 Affordable Housing Enabler – no objections. 33 Transportation and Development – no objections subject to conditions. 34 Development Contributions Officer – no objections. 35 Development Plan – no objections. Representations 36 No letters of representation have been received. Page 88 of 216
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Additional Statements 37 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed: AA not required Design Statement or Design and Access Statement Not required Report on Impact or Potential Impact eg Flood Risk Assessment Not required Appraisal 38 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 39 The key determining policy issues for this specific proposal at this location include: the principle of the development and its contribution towards providing high quality, affordable and sustainable homes (Policy 20, 24 and 25 of the LDP2 and Policy 16 of the NPF4), liveable places (design, quality and place) (Polices 1, 2, 56-57 of the LDP2 and Policy 14 of the NPF4), impacts on/from flooding and the water environment (Polices 52 and 53A of the LDP2 and Policy 22 of the NPF4), residential amenity (Policy 17 of LDP2 and Policy 15 of the NPF4), biodiversity/ecological impact (Policies 40 and 41 of the LDP2 and Policy 3 of the NPF4) and transport (Policy 60A of the LDP2 and Policy 13 of the NPF4). 40 The principle of residential development is well established through the allocation of Site H30 in LDP2, PPP (17/00018/IPM) approved in 2018 and 19/01130/AMM for 183 dwellinghouses and 4 flats, approved in 2020. 41 The principle of residential development is thus established. It is, however, necessary to undertake an assessment of the detail of this proposal. Page 89 of 216
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Design, Layout and Visual Amenity 42 Policy 14: Design, Quality and Place, Policy 15: Local Living and 20 Minute Neighbourhoods and Policy 16: Quality Homes of NPF4 are relevant as are LDP2 Policy 1: Placemaking, Policy 14B: Open Space within New Developments, Policy 17: Residential Areas, Policy 25: Housing Mix and Policy 42: Green Infrastructure 43 The proposed revisions are as follows: Plot 100 is to be removed. Plot 96 will step out further. Bungalows proposed at plots 88/89, 93/94, 21/22, 15, 98/97/96 (10 bungalows replacing 2 storey units). Detached garages to be introduced. Visitor parking relocated from the north of plot 98 to the north of plot 80. No bungalows approved in this phase, however, bungalows approved in other phases mixed with 2 storey dwellings. Fraser HT is a 2 bed bungalow (as approved). This proposal will introduce a Fraser HT 3 bed bungalow. 44 The new proposals are for 25 private dwellinghouses and 16 affordable dwellinghouses. The affordable housetypes are to be plots 26-28, 73-84 and 99 (inclusive) and comprise a mixture of 2 and 3 bed units. The private homes comprise of a mixture of 3 and 4 bed units. 45 The approved and proposed housing mix can be seen below: Page 90 of 216
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Proposed Accommodation Schedule 46 In isolation the proposal does not comply with LDP2 Policy 25 – Housing Mix, however, looking at the breakdown of housing across the phases, a total of 16 units (2 bedrooms) meets the 10% requirement across the private tenure of the whole site (138 units). As required by Policy 25 of LDP2 this is over and above the on-site affordable provision which is 25%. The proposal therefore complies with LDP2 Policy 25. 47 In terms of LDP2 Policy 20: Affordable Housing, as noted above 25% of the total number of units proposed must be affordable housing. The proposal does not alter the provision on site. The affordable housing is to be located in the same vicinity as already approved. The proposal, therefore, complies with LDP2 Policy 20. 48 Informal discussions took place with the applicant prior to the submission of the application which have been taken on board through this submission, with the exception of revisions to the housetype for plots 16/17. It was suggested that these housetypes be amended to bungalows, to replicate plots 97/98 in order to provide a more balanced approach when entering this phase from the east. Unfortunately, this revision could not be accommodated due to site restrictions which include a drop in levels and a temporary electrical cable that runs around the perimeter of these plots and therefore there is no adequate space to accommodate bungalows. All said, having reviewed the street elevation submitted with the application, the proposal does not raise any significant concerns. Page 91 of 216
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49 In terms of materials, an acceptable palette of materials is proposed. The applicant proposes finishes of white render, buff facing brick and base course, and anthracite roof tiles. This will deliver a reasonably consistent design approach with the remaining phases and will help integrate the development into the locale. 50 The massing and scale of the dwellings can be accommodated within the plots without having an adverse impact on the amenity of each other. As a result of the site’s location at the edge of a settlement, it is considered that the proposed density is acceptable and is in line with the approved masterplan. 51 The proposed change of house types raises no adverse concerns. There is no increase in the overall number of units, to the contrary the proposal will result in a reduction of one unit. The general layout is broadly similar to that approved. 52 The revised designs remain to be commensurate with the remainder of the development and will not appear out of place. The external finishing materials are also consistent and as such will complement the rest of the development. 53 Overall, this phase is in line with the approved masterplan, phasing plan and S75 legal agreement. The proposal will provide a mix of open market housing and affordable housing within the overall site that complies with the above-named policies. Play Area 54 There is no requirement to provide a play area within this phase of the development. The play area approved under 19/01130/AMM within the central area between phases 3 and 5 of the development will remain. The delivery of the playpark condition attached to 19/01130/AMM will be re-applied (condition 7). 55 It is considered that the location of proposed open space and landscape buffers is acceptable. The proposal, therefore, complies with NPF4 Policy 21: Play Recreation, and Sport and LDP2 Policy 14 – Open Space Retention and Provision. Landscape and Visual Amenity 56 In terms of the impact on visual amenity of the area, a residential development will inevitably change the visual appearance of the area, however, the application site has been identified for residential use in the LDP, therefore this degree of change was envisaged in the site allocation and permission granted under the PPP and subsequent AMSC (19/01130/AMM). 57 The landscape plans approved or the site, as per planning approval 19/01130/AMM, sets out how the areas of landscaping will be managed and incorporated into the site. The proposed change of house types will not have a significant impact upon the approved landscaping. There will be minor changes Page 92 of 216
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to the landscaping as a result of the change of house types, however, this has been addressed in the submitted landscaping drawings. To ensure satisfactory implementation of the landscaping and subsequent maintenance, a landscaping and planting condition will be applied (conditions 6). 58 The proposed development will integrate well within the landscape and wider development and will not cause any unacceptable visual impacts. As such the proposal meets the objectives of Policies 4, 6 and 14 of NPF4 and LDP2 Policies 1, 39 and 40B with delivery of the landscaping being secured by condition as detailed above. Residential Amenity Overlooking 59 The Council's guidance generally seeks to ensure there is a minimum distance of 9m from windows to boundaries in order to mitigate overlooking from new development. Given the location of the development and the layout proposed there are not considered to be any overlooking concerns from the proposed dwellings. In this case each dwelling has a minimum of 9m deep rear gardens and more than the required 18m window to window distance required by guidance. Overshadowing, loss of sunlight and daylight 60 The Building Research Establishment (BRE) document ’Site Layout Planning for Daylight and Sunlight - a guide to good practice 1991’ sets out guidelines on how to assess the potential impact, although it should be noted that the standards are not mandatory and should be interpreted flexibly. 61 Taking cognisance of this BRE document, the distances between the new properties and site levels, it is considered an acceptable level of daylight and sunlight will be provided to each property. Overall, in terms of residential amenity the proposal complies with NPF4 - Policy 14: Design, Quality and Place and LDP2 Policy 1 – Placemaking and the Placemaking Guidance 2020. 62 Conditional control will be applied (condition 21) to limit servicing and/or deliveries to the LPG compound to protect existing amenity. The condition is worded in line with the planning approval (19/01130/AMM). Roads and Access 63 The applicant is proposing to change a number of house types within the development. The applicant has confirmed in the covering letter that this application under review does not propose any changes to the formation of the site access or internal road layout as consented – it is purely proposing changes to house types and associated plot alterations and related changes to open space and landscaping. Page 93 of 216
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64 The Council’s Transportation and Development Team were consulted as part of this application and advised that the proposal fails to provide adequate parking and some spaces were not of the required width, the latter has since been revised. 65 The applicant has shown that there is sufficient car parking on site for plots 85-98 and 15-25, however, the parking for the affordable housing plots 73-84, 99 and 26-27 sees a shortfall (20 spaces and 6 visitor spaces proposed). Each of the 16 properties require 2 spaces each. Furthermore, whilst the application proposes to make changes to the visitor parking on site, with the visitor parking relocated from the north of plot 98 to the north of plot 80, Roads colleagues have advised that there is insufficient visitor parking provided and 23 spaces is required. 66 Subsequently, a revised layout plan was provided which increases the number of parking spaces to 30 with no visitor parking proposed in this location of the site. This number, however, is an increase on what was originally approved through the AMSC application 19/01130/AMM, which proposed 22 spaces. The 6 visitor parking spaces proposed for this section of the site remains the same as previously approved, albeit 2 spaces are proposed to be relocated as noted above. 67 Whilst it is noted that the proposed parking for the affordable housing does not meet the requirements as set out in the National Roads Development Guide, the proposal provides betterment to that already approved and for that reason is accepted. 68 The roads conditions that were attached to the previous permission 19/01130/AMM will be re-applied (conditions 3, 4 and 5). 69 Overall, the proposal complies NPF4 Policy 13: Sustainable Transport and LDP2 Policy 60: Transport Standards and Accessibility Requirements. Drainage and Flooding 70 The proposed change of house types will not impact upon the drainage and flooding of the area. The drainage condition attached to 19/01130/AMM will be re -applied (condition 20). 71 The proposal complies with NPF4 Policy 22: Flood Risk and Water Management and LDP2 Policy 52: New Development and Flooding and Policy 53: Water Environment and Drainage. Waste Collection 72 The Council’s Waste Services team have not objected to the change of house types. The dwellings will receive the 4-bin system. An informative note is recommended regarding waste collection and will be attached to the permission (Informative 6). A suitable location for the provision of a recycling centre has Page 94 of 216
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been addressed through planning condition 17 of 19/01130/AMM (drawing numbers 19/01130/170 and 19/01130/06). The location of the recycling centre is in the same area as previously approved. It remains, however, that the facilities/equipment require to be maintained, which can be addressed through a reworded condition (condition 18). Conservation Considerations 73 The proposed change of house types on plots 15-28 and 73-99 will have no impact upon conservation. Natural Heritage and Biodiversity 74 The proposed change of house types will not impact upon the natural heritage and biodiversity of the area. The natural heritage and biodiversity conditions attached to 19/01130/AMM will be re-applied (conditions 9 – 15). Developer Contributions 75 The Council’s Development Contributions Officer was consulted as part of this application and confirmed that no further contributions are required as the overall number of units on the site will not be increasing. An informative (informative 6) will be added to the consent highlighting that the existing Section 75 associated with application 17/00088/IPM remains applicable. Economic Impact 76 The development of 41 dwellinghouses will provide jobs directly and indirectly during construction and, afterwards, have a positive impact through homeowners spending on local goods and services in the local economy and further afield. Both will have a positive impact on the local area. Legal Agreements 77 The site falls under the wider PPP approval 17/00088/IPM which has an associated Section 75 Legal Agreement which secures the necessary Developer Contributions including Affordable Housing. A minute of variation was undertaken through 23/00674/FLL as the agreement did not have a “future proofing” clause to accommodate for subsequent changes to the development. This has now been addressed through the minute of variation. No further action is therefore necessary for this application. Direction by Scottish Ministers 78 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application. Page 95 of 216
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Conclusion and Reasons for Recommendation 79 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly the proposal is recommended for approval subject to the following conditions. Recommendation Approve the application subject to the following conditions: Conditions and Reasons for Recommendation General 1. The development hereby permitted shall be commenced no later than the expiration of two years from the date of this consent or from the date of subsequent approval of matters specified in conditions, or three years from the date of planning permission in principle, whichever is the later. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason - To ensure the development is carried out in accordance with the approved drawings and documents. Roads and Access 3. Prior to the development hereby approved being completed or brought into use, all matters regarding access, car parking, in curtilage electric car charging, road layout, design and specification, including the disposal of surface water, shall be in accordance with the standards required by the Council as Roads Authority. Reason - In the interest of vehicle and pedestrian safety and in accordance with the policies of the adopted Perth and Kinross Local Development Plan 2019. 4. The details submitted and agreed as part of condition 4 of planning permission 19/01130/AMM (drawing number 19/01130/194) with regards to Construction Traffic Management Scheme (TMS), shall be adhered to at all times to the satisfaction of the Council as Planning Authority, unless otherwise agreed in Page 96 of 216
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writing by the Council as Planning Authority. The TMS is to remain a fluid document and will be required to be updated where necessary. Reason - In the interests of road safety. 5. No part of the development shall be occupied until an updated Travel Plan, aimed to encourage more sustainable means of travel, has been submitted and approved in writing by the Council. The Travel Plan will have regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided (including the provision of new and/or enhanced public transport services), the system of management, monitoring, review, reporting and the duration of the plan. Reason - In the interests of sustainable transport. Landscaping 6. The detailed landscaping and planting scheme which is hereby approved shall be completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. The approved scheme shall thereafter be maintained with any planting which fails to become established within five years being replaced in the following planting season with others of a size and species as previously approved. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. Play Park 7. For the avoidance of doubt, this permission does not supersede the requirements of Condition 9 of 19/01130/AMM which requires the approved children's play area on plan reference 19/01130/131 (drawing no. SC10463-01) shall be designed, laid out and equipped in accordance with the Planning Authority's current criteria for play area provision within six months of the occupation of the first dwelling. The play area and its facilities/equipment shall thereafter be maintained. Reason - In the interests of residential amenity and to ensure the satisfactory provision and implementation of a children's play area. Environmental Impact and Biodiversity 8. The details submitted and agreed as part of condition 6 of planning permission 19/01130/AMM with regards to low and zero-carbon technologies (drawing numbers 19/01130/195 and 19/01130/196) shall be completed in accordance with the approved scheme and no individual unit shall be occupied until the scheme has been installed and operating. Page 97 of 216
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Reason - To embed low and zero-carbon technologies within the development in the interest of environmental sustainability. 9. The details submitted and agreed as part of condition 10 of planning permission 19/01130/AMM (drawing number 19/01130/194) with regards to Construction Environment Management Plan (CEMP), shall be adhered to at all times to the satisfaction of the Council as Planning Authority, unless otherwise agreed in writing by the Council as Planning Authority. The CEMP is to remain a fluid document and will be required to be updated where necessary. Reason - In the interests of protecting environmental quality and of biodiversity. 10. The conclusions and recommended action points within the supporting Biodiversity Survey, in particular Section 2.15 of the submitted Biodiversity Management Plan submitted by IMT Ecological Consultancy June 2019 and hereby approved shall be fully adhered to, respected and undertaken as part of the construction phase of development. Reason - In the interests of protecting environmental quality and of biodiversity. 11. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day. Reason - In order to prevent animals from being trapped within any open excavations. 12. The details submitted and agreed as part of condition 13 of planning permission 19/01130/AMM drawing number 19/01130/197) together with the proposed masterplan, as approved in 24/01485/AMM (drawing number 04), shall be implemented in accordance with the agreed detail and installed prior to the occupation of the relevant residential unit. A minimum of 30% of all completed two storey houses shall incorporate one bat brick and one swift brick each and shall be incorporated at eaves height and positioned appropriately. Reason - In the interests of protecting environmental quality and of biodiversity. 13. No removal of hedgerows, trees or shrubs that may be used by breeding birds shall take place between 1 March and 31 August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the Planning Authority. Page 98 of 216
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Reason - To ensure adequate protection for the trees on the site during the construction, in the interests of the visual amenity of the area. 14. All existing trees and hedgerows shown to be retained shall be protected by suitable fencing in accordance with BS5837:2012 (Trees in Relation to Construction). No materials, supplies, plant, machinery, soil heaps, changes in ground levels or construction activities shall be permitted within the protected areas without the written agreement of the Council as Planning Authority. Reason - To ensure adequate protection for the trees on the site during the construction, in the interests of the visual amenity of the area. 15. All road gullies within 500m of a waterbody or Sustainable Urban Drainage System (SUDs) pond shall have wildlife kerbs installed adjacent to the gully. Reason - In the interests of protecting environmental quality and of biodiversity. 16. The details submitted and agreed as part of condition 21 of planning permission 19/01130/AMM (drawing numbers 19/01130/136 and 19/01130/196) with regards to district heating shall be implemented in accordance with the agreed details. Reason - To allow district heating to be incorporated within the site at a future date. 17. Prior to commencement of development, details of the locations of the solar photovoltaic panels on each plot shall be submitted to the Planning Authority for written approval. Thereafter, the agreed scheme should be installed and operational prior to the occupation of each relevant unit. Reason - To ensure compliance with Perth & Kinross Council adopted Local Development Plan 2 (2019) Policy 32. Recycling Facility 18. The details submitted and agreed as part of condition 17 of planning permission 19/01130/AMM (drawing number 19/01130/06) together with the proposed masterplan, as approved in 24/01485/AMM (drawing number 04), with regards to provision of a recycling facility shall be implemented in accordance with the agreed details. The facilities/equipment shall thereafter be maintained. Reason - In the interests of environmental quality. Core Path 19. The asserted core path (STAN/117) must not be obstructed during building works or on completion of the development. Any damage done to the route and/or the associated signage during building works must be made good before the development is completed or brought into use, whichever is the earlier. Page 99 of 216
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Reason - To ensure that public access is maintained at all reasonable times, to the local path network. Drainage 20. Concurrent with the initiation of the development hereby approved and for the duration of construction, a temporary surface water treatment facility shall be implemented on site and maintained for the duration of the approved development works. The temporary surface water treatment facility shall remain in place until the permanent surface water drainage scheme is implemented. Reason - In the interests of best practice surface water management; to avoid undue risks to public safety and flood risk. Residential Amenity 21. Servicing of and deliveries to the LPG tank compound shall be carried out between 0700 and 1900 Monday to Saturday only, with no servicing or deliveries permitted on Sundays. Reason - In the interests of residential amenity. 22. All plant or equipment associated with the LPG tank Compound shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In the interests of residential amenity 23. The details submitted and agreed as part of condition 25 (dust management) of planning permission 19/01130/AMM, within the approved Construction Environmental Management Plan (CEMP) dated May 2023 (drawing number 19/01130/194), shall be implemented throughout the construction phase of the development. Reason - In the interests of residential amenity. 24. The noise and dust recommendations and mitigation measures within the updated approved Construction Environmental Management Plan (CEMP) dated May 2023 (drawing number 19/01130/194) shall be fully adhered to and undertaken as part of the construction phase of the development. Reason - In the interests of residential amenity. Page 100 of 216
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Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 4. The applicant should be advised that in terms of Section 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority consent to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environmental Protection Agency. 5. The applicant should be advised that all proposed structures supporting the road, or which the developer is intending the Council adopt, will require technical approval in accordance with the Design Manual for Roads & Bridges standard BD 2/12 (& HD 22/08 where relevant). Bridges and culverts shall also be designed in accordance with the requirements contained within Perth & Kinross Council's Developers Guidance Note on Flooding & Drainage. The developer is advised to contact Perth & Kinross Council's Structures & Flooding Team (tel 01738 475000, email structuresplanning@pkc.gov.uk) for further information and prior to commencing designs in order to ensure technical compliance. Page 101 of 216
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6. The applicant is reminded that this site is still subject to a Section 75 Legal Agreement, securing Developer Contribution requirements and other matters, as secured as part of planning permission 17/00088/IPM. This permission continues to be tied by this legal agreement and the associated requirements will continue to apply. 7. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are severe for non-compliance. 8. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 9. Hedgehogs are a key species in the Tayside LBAP and enhancing connectivity is an objective. Gardens will provide suitable habitat for hedgehogs and commuting should be made possible by creating access gaps in wooden fences 13cm x 13cm at ground level. 10. The applicant is recommended to discuss with the Council's Public Transport Unit the supply of bus services and public transport infrastructure to ensure an adequate public transport provision for the site. 11. The applicant is advised that the granting of planning permission does not guarantee a connection to Scottish Water's assets. The applicant must make a separate application to Scottish Water Planning & Development Services team for permission to connect to the public wastewater system and/or water network and all their requirements must be fully adhered to. 12. Construction work should minimise the impact on amenity to neighbouring residents, which could be achieved by limiting noise generating activities to Monday to Friday 07:00 to 19:00 and Saturday 08:00 to 13:00 with no noisy works out with these times or at any time on Sundays or Bank Holidays. 13. The stopping up or diversion of the Core Path STAN/117 is subject to agreement under Section 208 of the Town and Country Planning (Scotland) Act 1997 (as amended). All relevant approvals in this regard should be in place prior to any stopping up or diversions taking place. 14. Construction works must be undertaken in a safe manner which does not disturb the operation of the neighbouring railway. Applicants must be aware of any embankments and supporting structures which are in close proximity to their development. Page 102 of 216
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15. Details of all changes in ground levels, laying of foundations, and operation of mechanical plant in proximity to the rail line must be submitted to Network Rail's Asset Protection Engineer for approval prior to works commencing on site. Where any works cannot be carried out in a "fail-safe" manner, it will be necessary to restrict those works to periods when the railway is closed to rail traffic i.e. by a "possession" which must be booked via Network Rail's Asset Protection Engineer and are subject to a minimum prior notice period for booking of 20 weeks. The developer must contact our Asset Protection Engineers regarding the above matters, see contact details below: Network Rail Asset Protection Engineer 151 St. Vincent Street, GLASGOW, G2 5NW Tel: 0141 555 4352 E-mail: AssetProtectionScotland@networkrail.co.uk 16. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 17. This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the parking layout. 18. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013, as amended. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: Displayed in a prominent place at or in the vicinity of the site of the development Readily visible to the public Printed on durable material. Page 103 of 216
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Background Papers Letters of representation 0 Authors Name Designation Contact Details Gillian Peebles Planning Officer (Majors) 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 19th February 2025 Page 104 of 216
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Ü Erection of 41 dwellinghouses, landscaping and associated works (change of house type plots 15-28 and 73-99 of 19/01130/AMM) (allocated site H30) on land at Stanley Village (H30), Stanley 24/01485/AMM Scale 1:10,000 Planning and Placemaking Committee - 12 March 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(iii) Page 105 of 216
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Ü Erection of 41 dwellinghouses, landscaping and associated works (change of house type plots 15-28 and 73-99 of 19/01130/AMM) (allocated site H30) on land at Stanley Village (H30), Stanley 24/01485/AMM Scale 1:5,000 Planning and Placemaking Committee - 12 March 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(iii) Page 107 of 216
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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. 25/53) PROPOSAL: S42 application to amend condition 12 (ECoW) of (22/02231/FLM) LOCATION: Shindour Feddal Hill Wood, Braco Ref. No: 25/00049/42M Ward No: P7- Strathallan 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 Detailed planning permission to construct and operate an energy storage facility immediately to the northeast of the existing Beauly Denny transmission line at the Braco West substation was approved in October 2024. The site is located in Feddal Forest on Feddal Hill, within an area previously planted with Sitka spruce trees which were felled around 11 years ago by SSE as part of its work on the adjacent electricity sub-station and pylon lines. The site of 0.7 hectares lies some 3.8km to the west of Braco, 6.8km north of Dunblane and the nearest residential property of Bentick Farm is 1.2km to the south. 2 The proposed energy storage facility will accommodate up to 50 battery storage units housed within steel shipping containers with associated inverter/transformer units and ancillary structures including a store, office, parking and electrical control building. The area which would be developed extends to 7,329m2. The site will be surrounded by landscaping consisting of native trees along with an inner security fence along with a drainage swale. An area to the north of the site will be restored as bog habitat. 3 The proposed energy storage facility of 49.9MW will provide rapid-response electrical backup to the electricity grid. It will draw electrical power from the electricity grid and then store it. The storage of electricity is regarded as a 5(1)(iv) Page 109 of 216
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generation activity, however, the electrical power will be drawn power from the electricity grid and stored, for release back into the grid when required. 4 The proposed development will be accessed from an existing minor road and forestry track to the south, connecting the site with the B5033 road at the Muckle Burn. The route is 3.9km in length and has been upgraded to accommodate the substation construction traffic and forestry equipment and timber lorries including the provision of passing places. 5 The proposed development will be temporary in nature, with consent being approved for an operational period of up to 50 years. After this period the site will be decommissioned and restored to blanket bog. 6 Section 42 of the Act (Town and Country Planning (Scotland) Act 1997 as Amended) applies to applications for Planning Permission to develop land which departs from conditions attached to an existing permission. The effect of granting permission for a section 42 application is therefore such that a new and separate permission exists for the development with different (or no) conditions attached. The previous planning permission remains unaltered by, and is not varied by, the decision on the section 42 application. 7 The primary purpose of this Section 42 (S42) application seeks a revision to the requirements of Condition 12 of the full planning consent 22/02231/FLM. 8 The original wording of condition 12 currently states: 9 Prior to the commencement of the development hereby approved, an independent and suitably qualified Ecological Clerk of Works (ECoW) shall be appointed at the developers' expense. Details of this appointment shall be subject to the prior written agreement of the Council as Planning Authority. The appointed person will remain in post for the duration and subsequent restoration of the proposed development. The ECoW shall have responsibility for the following: (a) Overseeing the implementation of the Construction Environmental Management Plan (CEMP) approved by this permission. (b) Authority to stop operations or to alter construction methods should there be any works occurring which are having an adverse impact on the natural heritage. (c) Prior to the commencement of development, they shall provide an environmental / ecological toolbox talk for construction staff. (d) They will have authority to amend working practices in the interests of natural heritage. Any amendments shall be submitted to the Council as Planning Authority as an addendum to the approved CEMP. (e) They shall make weekly visits to the development site at a time of their choosing. No notification of this visit is required to be given to the developer or contractor. (f) Within 10 working days of the end of each calendar month, they are required to submit a detailed monthly report for the review of the Planning Page 110 of 216
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Authority in consultation with Scottish Environment Protection Agency (SEPA) for the duration of development. (g) They shall notify the Council as Planning Authority in writing of any requirement to halt development in relation to this condition as soon as reasonably practicable. The above shall be implemented throughout the construction, (including re- instatement and de-commissioning of the construction compounds) hereby approved unless otherwise agreed in writing with the Council as Planning Authority. The CEMP shall contain a site-specific Construction Method Statement (CMS) which will provide concise details for the implementation of the CEMP for site operatives Reason: To avoid habitat damage and safeguard natural heritage interests. 10 The proposal seeks to vary the wording of the third sentence of the first paragraph which reads “The appointed person will remain in post for the duration and subsequent restoration of the proposed development” to “The appointed person will remain in post for the duration of construction and post construction site restoration of the proposed development”. 11 Furthermore, the proposal seeks to vary clause (e) from “weekly visits” to “They shall make fortnightly visits to the development site during construction works at a time of their choosing. No notification of this visit is required to be given to the developer or contractor”. 12 Assessment for the proposed changes for this condition is set out below. Site History 13 05/01911/FUL Planning Permission for construction of 275/33kv electricity substation, associated building and temporary storage areas, site huts, upgrading/widening works to existing private access road and improvements to junction where access road meets the B8033. Approved April 2006 14 13/01036/FLL Planning Permission for formation of a temporary works compound and topsoil storage area. Approved July 2013 15 14/01758/FLL Planning Permission for permanent retention of temporary access track constructed as part of Beauly-Denny overhead power line. Approved December 2014 16 15/00470/FLL Planning Permission for erection of substation control building, formation of access road and associated works. Approved June 2015 17 16/01719/PN Prior Notification for formation of a forestry track. Approved November 2016. Page 111 of 216
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18 17/01810/FLL Planning Permission for formation of an energy storage facility, vehicular access, and associated works. Approved November 2017. 19 20/00013/PAN Proposal of Application Notice for formation of an energy storage facility comprising control building, battery storage container units, ancillary equipment, parking, boundary treatments, landscaping, and associated works. Approved February 2021. 20 21/00756/FLM Formation of a 49.9MW energy storage facility comprising 50 battery storage container units, control building, ancillary equipment, parking, access track, boundary treatments, landscaping and associated works. Approved December 2021. 21 21/00020/PAN Formation of a battery energy storage compound comprising battery storage units, ancillary buildings and equipment, landscaping and associated works. Approved February 2022. 22 22/02231/FLM Formation of a 49.99MW battery energy storage compound comprising battery storage units, ancillary buildings and equipment, bogland restoration, landscaping and associated works. Approved 24 October 2024. Environmental Impact Assessment 23 An EIA screening was undertaken in association with the submission of planning application 22/02213/FLM, concluding that an EIA was not required as the proposal was not considered likely to have significant environmental effects. Nothing further is required in relation to this Section 42 application. Pre-Application Consultation 24 The Pre-Application Consultation (PAC) requirements have been fulfilled in association with the submission of planning application 22/02231/FLM and there is no further PAC needed procedurally in relation to this Section 42 application. Development Plan 25 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 26 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve peoples lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. Page 112 of 216
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27 The Council’s assessment of this application has considered the following policies of NPF4: Policy 3: Biodiversity Policy 4: Natural Places Perth and Kinross Local Development Plan 2019 28 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. 29 The principal relevant policies are, in summary; Policy 41: Biodiversity PKC Non Statutory Guidance 30 Planning Guidance - Planning & Biodiversity National Guidance 31 The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 32 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: PAN 51 Planning, Environmental Protection and Regulation Consultations 33 As part of the planning application process the following bodies were consulted: Internal 34 Biodiversity/Tree Officer – no objections. Representations 35 None. Page 113 of 216
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Additional Statements 36 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed: AA not required Design Statement or Design and Access Statement Not required Report on Impact or Potential Impact eg Flood Risk Assessment Not required Appraisal 37 Section 42(1) of the Town & Country Planning (Scotland) Act 1997 (as amended) relates to applications for planning permission for the development of land without complying with conditions subject to which a previous permission was granted. 38 Section 42(2) requires that the Planning Authority shall consider only the question of the condition(s) subject to which planning permission should be granted, and: (a) If they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it would be granted unconditionally, they shall grant planning permission accordingly; (b) If they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application. 39 The determining issues in this case are whether the proposal complies with Development Plan policy or if there are any other material considerations which justify a departure from that policy The Development Plan comprises NPF4 and the Perth and Kinross Local Development Plan 2 (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 supplementary guidance, statutory consultees and additional statements submitted. 40 It is important to note that both National Planning Framework (NPF4) policies and Local Development Plan 2 (LDP2) policies apply except where they are not compatible in which case NPF4 policies prevail. Page 114 of 216
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Principle 41 The principle of the development subject of the application has been previously established through the approval of the full planning permission (22/02231/FLM). The principle of the development is therefore well-established and is not reviewed as part of this S42 application. The amendment of Condition 12 as noted above is not in itself contrary to the general terms of the Development Plan, however, consideration must be given to the specific characteristics of the amendment and whether any adverse impacts are calculated. Natural Heritage and Biodiversity 42 The proposed amendment to the wording of the third sentence in the opening paragraph of condition 12 is sought to clarify that the ECoW only needs to monitor the site until commission and post-construction site restoration works are completed rather than until the completion of post decommissioning restoration works. 43 The submitted information states that the amendments to clause (e) have been sought as there are likely to be periods of inactivity during the overall construction period which could extend to periods of several months, for example between the construction of the hardstanding and the delivery and installation of equipment, during which frequent monitoring would not be required. 44 The purpose of the ECoW is to ensure compliance with wildlife regulations, planning consent and ecological requirements of which will still be achieved through the proposed rewording of condition 12. 45 On that basis the proposal to amend the condition is considered to be acceptable. Developer Contributions 46 No developer contributions are required for this type of development. Economic Impact 47 In the short term, construction will create jobs with scope for local employment. Beyond this, local employment opportunities will be limited. Holistically, however, there is a clear fit between Scottish Government aims of promoting a transition to a low carbon economy and this proposal. The proposal would directly support local renewable energy generation, by helping balance fluctuations of intermittent energy generation and more widely, assisting in the creation of a national grid asset of regional significance for the Perth and Kinross Area. Page 115 of 216
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Legal Agreements 48 No additional legal agreement is required in this instance as relevant matters continue to be appropriately covered by the original agreement associated with planning permission 22/02231/FLM. On that basis the S75 does not require to be updated in respect of this proposal. Direction by Scottish Ministers 49 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 50 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 51 Approve the application subject to the following conditions: Conditions and Reasons for Recommendation 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The 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. 3. The battery energy storage units and ancillary infrastructure shall be removed from the site no later than 50 years after the date when the operation is first brought into use unless otherwise approved by the Planning Authority through Page 116 of 216
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the grant of a further planning permission following submission of an application. Written confirmation of the commencement date of first operation shall be provided to the Planning Authority within one month of that date. Reason - In order to limit the permission to the expected operational lifetime of the battery storage units and to allow for restoration of the site in the event that the use is not continued by a further grant of planning permission for a similar form of development. 4. Prior to the commencement of the development hereby approved, the developer shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority, a Construction Traffic Management Scheme (CTMS) 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 refuse 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; (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 to the satisfaction of the Council as Planning Authority. Page 117 of 216
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Reason - To minimise interference with the safety and free flow of the traffic on the access road off the B8033 road. 5. Prior to the commencement of development, a comprehensive Construction Traffic Management Plan shall be submitted for the approval of the Planning Authority, after consultation with Transport Scotland. Reason - To minimise interference with the safety and free flow of the traffic on the trunk road. 6. Not less than two months from the date of this planning permission, a detailed scheme for the management of vehicles crossing of the National Grid pipeline at Easting 282178; Northing 709479 and any necessary reinforcement works of that road and or crossing shall be submitted to, and approved in writing by, the Planning Authority in consultation with National Grid. The scheme shall include the frequency of vehicle movements during both the construction and operational phases of development, specify vehicle weights and set out the technical specification of the reinforcement works to the road or crossing point and their delivery. Thereafter, the scheme shall be implemented in complete accordance with the approved scheme and all reinforcement works complete prior to the commencement of development hereby approved. Reason - In order to ensure that suitable vehicle crossing arrangements are provided. 7. 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 the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 8. 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 the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 9. Prior to the commencement of the development hereby approved, a detailed boundary landscaping and planting scheme shall be submitted for the written agreement of the Council as Planning Authority. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and installation methods and, species, height, size and density of trees and shrubs to be planted. Page 118 of 216
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The scheme as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained by the site operator. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 10. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar size, species and number to the satisfaction of the Council as Planning Authority. Reason - In the interests of visual amenity and to ensure the satisfactory long- term implementation of the proposed planting scheme. 11. A minimum of two months prior to the commencement of development, a site- specific Construction Environmental Management Plan (CEMP) which shall include a Construction Method Statement (CMS) shall be submitted to and approved by the Council as Planning Authority in consultation with key stakeholders as deemed appropriate. The CEMP must also include a Pollution Prevention Plan (PPP), Invasive Management Plan (IMP), Site Waste Management Plan (SWMP), Site Access Management Plan (SAMP), Construction Exclusion Zone (CEZ), Construction Traffic Management Plan (CTMP), Environmental Management Plan (EMP). Proposed measures for bog restoration methods, monitoring and ongoing long-term aftercare and maintenance shall be included. Measures to ensure the public road network is kept free from mud or debris shall also be required. The CEMP will remain a live document, any working practices deemed to be having an adverse impact on ecology or the environment will be the subject of revision. All revisions must be submitted to the Planning Authority as soon as reasonably practicable. Thereafter the development shall be fully undertaken in accordance with the agreed CEMP. Reason - In the interest of protecting environmental quality and of biodiversity. To minimise any associated adverse landscape and visual impact of the above ground elements and protect the character and visual amenity of the immediate and surrounding countryside and associated nature and cultural heritage conservation interests. 12. Prior to the commencement of the development hereby approved, an independent and suitably qualified Ecological Clerk of Works (ECoW) shall be appointed at the developers' expense. Details of this appointment shall be subject to the prior written agreement of the Council as Planning Authority. The appointed person will remain in post for the duration of construction and post construction site restoration of the proposed development. The ECoW shall have responsibility for the following: Page 119 of 216
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(a) Overseeing the implementation of the Construction Environmental Management Plan (CEMP) approved by this permission. (b) Authority to stop operations or to alter construction methods should there be any works occurring which are having an adverse impact on the natural heritage. (c) Prior to the commencement of development, they shall provide an environmental / ecological toolbox talk for construction staff. (d) They will have authority to amend working practices in the interests of natural heritage. Any amendments shall be submitted to the Council as Planning Authority as an addendum to the approved CEMP. (e) They shall make fortnightly visits to the development site during construction works at a time of their choosing. No notification of this visit is required to be given to the developer or contractor. (f) Within 10 working days of the end of each calendar month, they are required to submit a detailed monthly report for the review of the Planning Authority in consultation with Scottish Environment Protection Agency (SEPA) for the duration of development. (g) They shall notify the Council as Planning Authority in writing of any requirement to halt development in relation to this condition as soon as reasonably practicable. The above shall be implemented throughout the construction, (including re- instatement and de-commissioning of the construction compounds) hereby approved unless otherwise agreed in writing with the Council as Planning Authority. The CEMP shall contain a site-specific Construction Method Statement (CMS) which will provide concise details for the implementation of the CEMP for site operatives Reason - To avoid habitat damage and safeguard natural heritage interests. 13. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day Reason - In order to prevent animals from being trapped within any open excavations. 14. A minimum of two months prior to the commencement of development, a Detailed Peat Management Plan shall be submitted for the written approval of the Council as Planning Authority, in consultation with SEPA and the Council's Biodiversity/Tree Officer, and all work shall be carried out in accordance with the agreed plan. Page 120 of 216
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Reason - In the interests of protection of existing peatland. 15. A minimum of two months prior to the commencement of development, an updated Habitat Management Plan shall be submitted for the written approval of the Council as Planning Authority, in consultation the Council's Biodiversity/Tree Officer, and all work shall be carried out in accordance with the agreed plan. Reason - In the interests of protecting environmental quality and of biodiversity. 16. The conclusions and recommended action points within the supporting Ecological Appraisal (October 2022) (drawing number 14) and Habitat Survey (October 2022) (drawing number 15) submitted and hereby approved shall be fully adhered to, respected, and undertaken as part of the construction phase of development. Reason - In the interests of protecting environmental quality and of biodiversity. 17. Prior to the commencement of the development hereby approved, final details of the proposed boundary fencing for the site shall be submitted for the written agreement of the Council as Planning Authority. For the avoidance of doubt the fencing will be required to be deer proofed. The scheme as subsequently agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason - In the interests of protecting environmental quality and of biodiversity. 18. Prior to the commencement of development, the developer shall provide full written details of a scheme for mitigating any potential effects on reptiles on the site during the construction and operation of the energy storage project. This shall include: The deployment and searching of artificial reptile refugia to allow the capture and relocation to a suitable and safe area of reptiles within the site. Such measures to be undertaken during the reptile active period of May to October (inclusive). After an agreed period with no reptile captures, the site shall be cleared outward to an agreed methodology from the site centre to allow any remaining/undetected reptiles to disperse into adjacent habitats. The site shall then be maintained with no vegetation cover until construction works commence. Habitat clearance works shall be undertaken during the reptile's active phase i.e., April - October (inclusive). Details of proposals for the creation of reptile hibernacula within the site. Reason - In the interests of protecting environmental quality and of biodiversity. Page 121 of 216
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19. Development shall not commence on site until a detailed sustainable urban drainage system (SUDS) has been submitted for the further written agreement of the Council as Planning Authority, in consultation with SEPA where necessary. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council's Flood Risk and Flood Risk Assessments Developer Guidance and shall incorporate source control. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason - To ensure the provision of appropriate and effective drainage for the site. 20. Prior to the commencement of the development hereby approved, details of the specification and colour of the proposed external finishing materials to be used shall be submitted to and agreed in writing by the Council as Planning Authority. The scheme as agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. 21. In the event the hereby approved development fails to store electricity on a commercial basis for a continuous period of 12 months, then it shall be deemed to have permanently ceased to be required. In such an event, the development shall be decommissioned, and the relevant parts of the site brought into an agreed condition within such timescale as agreed in writing by the Council as Planning Authority. Reason - To ensure the facility is removed from the site at the end of its operational life, to ensure no adverse impact on the visual amenity of the area and a satisfactory standard of local environmental quality. 22. The restoration of the site shall be completed in full within 12 months of its decommissioning and shall be undertaken in full accordance with the submitted restoration scheme to be approved under conditions 23 and 24 of this permission and shall thereafter be maintained to the satisfaction of the Council as Planning Authority. Reason - In the interests of visual and residential amenity. 23. Within 6 months of the date of this decision notice, a detailed decommissioning and restoration scheme for the application site shall be submitted to and approved in writing by the Planning Authority. The scheme shall set out the means for restoring the site to blanket bog following the removal of the components of the development. The applicants shall obtain written confirmation from the Planning Authority that all decommissioning has been completed in accordance with the approved scheme and (unless otherwise dictated through Page 122 of 216
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the grant of a new planning permission for a similar form of development) the restoration of the site shall be implemented in accordance with the approved details and in accordance with the timescales outlined in condition 22 of this permission and in any case before the expiry of the time period set by condition 3 of this planning permission. Reason - In the interests of visual and residential amenity. 24. Prior to the commencement of the final restoration and re-instatement of the application site as required by conditions 22 and 23 of this permission a detailed scheme with final contours and an aftercare management plan for the site shall be submitted to and approved in writing by the Planning Authority. Thereafter the approved scheme shall be implemented in full. Reason - To ensure that final contours and an updated restoration plan and aftercare plan are submitted prior to the site ceasing operation thereby ensuring appropriate restoration in the interests of visual amenity and to minimise impacts on the landscape 25. The approved bond or financial instrument shall be maintained throughout the duration of the operation of the development hereby approved. At five-yearly intervals (as a minimum) from the commencement of the development, an independent review of the approved bond or financial instrument shall be carried out and submitted to the Council as Planning Authority. The Council as Planning Authority may direct that the approved bond or financial instrument be amended if this is necessary to ensure that funds remain sufficient to cover the removal of all development granted by this permission and the site's restoration. Reason - To ensure that at all times there are sufficient funds available to ensure that the removal of all development and site restoration can occur. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, Page 123 of 216
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which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013, as amended. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: Displayed in a prominent place at or in the vicinity of the site of the development Readily visible to the public Printed on durable material. 4. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 5. An application for Building Warrant may be required. 6. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 7. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot to disturb a protected species. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are severe for non-compliance. Page 124 of 216
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8. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 9. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 10. The applicant should take note of the information and advice contained within the consultation response from Natural Gas. 11. There is a Section 75 legal obligation associated with this planning permission. A copy is available to view on the Council's Public Access portal. Background Papers Letters of representation 0 Authors Name Designation Contact Details Gillian Peebles Planning Officer (Majors) 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 19 February 2025 Page 125 of 216
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Ü S42 application to amend condition 12 (ECoW))of (22/02231/FLM) at Shindour Feddal Hill Wood, Braco 25/00049/42M Scale 1:25,000 Planning and Placemaking Committee - 12 March 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(iv) Page 127 of 216
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Ü S42 application to amend condition 12 (ECoW))of (22/02231/FLM) at Shindour Feddal Hill Wood, Braco 25/00049/42M Scale 1:10,000 Planning and Placemaking Committee - 12 March 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(iv) Page 129 of 216
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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. 5(2)(i) Page 131 of 216
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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 Page 132 of 216
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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. Page 133 of 216
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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. Page 134 of 216
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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 Page 135 of 216
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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 Page 136 of 216
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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. Page 137 of 216
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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. Page 138 of 216
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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) Page 139 of 216
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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 Page 140 of 216
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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. Page 141 of 216
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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). Page 142 of 216
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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. Page 143 of 216
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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. Page 144 of 216
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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. Page 145 of 216
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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. Page 146 of 216
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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; Page 147 of 216
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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. Page 148 of 216
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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. Page 149 of 216
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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 Page 150 of 216
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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 Page 151 of 216
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Ü Erection of holiday accommodation apartments, formation of parking area and associated works on land 60 Metres East Of Burgess Lodge, Kinloch Rannoch, Pitlochry 23/01101/FLL Scale 1:10,000 Planning and Placemaking Committee - 12 March 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(i) Page 153 of 216
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Ü Erection of holiday accommodation apartments, formation of parking area and associated works on land 60 Metres East Of Burgess Lodge, Kinloch Rannoch, Pitlochry 23/01101/FLL Scale 1:5,000 Planning and Placemaking Committee - 12 March 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(i) Page 155 of 216
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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. 25/55) PROPOSAL: Erection of retail unit (Class 1A), formation of vehicular access, parking area, landscaping and associated works LOCATION: Land 75 Metres North of 288 Strathtay Road, Perth, PH1 2JU, Crieff Road, Perth Ref. No: 23/02025/FLL Ward No: P11- Perth City North Summary This report recommends refusal of the application as the development is considered to be contrary to the relevant provisions of the Development Plan and there are no material planning considerations apparent which justify setting aside the Development Plan. Background and Description of Proposal 1 Planning permission is sought for the erection of a Class 1A retail unit, comprising 1,949sqm of gross internal area (GIA) with a net sales area of 1,331sqm, 103 car parking spaces, an associated access and landscaping. The site is located on the north side of the A85 (Crieff Road) at ‘Newton Farm’, to the south-east of McDiarmid Park football stadium and next to the Crieff Road/A85 junction. The site extends to around 0.95 hectares. 2 Currently comprising greenfield land, the site relates to a former area of ‘Newton Farm’, where farming operations have been discontinued. Other areas, of what was Newton Farm, borders the site to the north and west. The site and the adjacent former areas of Newton Farm are part of a wider allocation (H71) within Local Development Plan 2 for some 72-110 homes. 3 The immediate areas adjacent to the site primarily comprises a mix of residential, retail, employment and the St Johnstone football stadium and its associated infrastructure. The north of the site comprises a greenfield site, with McDiarmid Park and its training pitches located further northwest; to the east and south, beyond the Crieff Road, is a mix of residential dwellings and employment sites; 5(2)(ii) Page 157 of 216
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whilst to the west is where the Newton Park Farm complex of buildings were located, with a Tesco Extra being located further west beyond the football related areas, near the A85 Roundabout. Proposal 4 The proposed single-storey foodstore will be orientated roughly east-westwards; occupying the northern section of the site; as mentioned above the GIA is 1,949 sqm and the net sales area 1,331 sqm; this will incorporate an 80:20 split between convenience and comparison goods. This means that approximately 1,065 sqm will be dedicated to convenience goods; and the remaining 266 sqm comparison goods on a rotating basis. 5 The building will also include a warehouse measuring 405 sqm; and 213 sqm of ancillary floorspace. The warehouse will comprise a chiller; a freezer; the delivery area; and various storage spaces. The ancillary floorspace is made up of staff welfare facilities; an in-store bakery; a cash office; an I.T. room; a meeting room; customer toilets; and the entrance pod. 6 The vehicular access to the site will be via a new road from the Crieff Road to the west. Whilst a new pedestrian access is proposed along the southern boundary. Delivery vehicles will share the same vehicular access, driving into the site and crossing the car park before turning left and reversing into the delivery bay. 7 103 parking spaces are proposed, comprising: 86 'standard' customer bays; Six accessible spaces; Nine ‘parent & child’ bays; and Two electric vehicle charging point (EVCP) bays. 8 The car park area will extend from the building into the western area. Accessible and parent & child spaces will be located close to the trolley bay and store entrance, with the accessible spaces to the west of the store entrance, beyond the car park aisle; and the parent & child spaces along the western elevation of the store. Cycle parking is also proposed. 9 A dedicated delivery bay will be provided along the eastern elevation of the store. This will enable delivery vehicles drive onto the site, before reversing into the bay to unload stock directly into the warehouse area before diving forward and away. 10 The store is proposed to be atypical of the operator, single storey with a monopitch roof extending to a height of 7.1m. The east elevation, facing onto the A85 is proposed to be finished with high level glazing along the entire length and a brick effect cladding. To the south onto Crieff Road the elevation is to be glazed with associated signage, which will require advertisement consent. The north and west elevations comprise of insulated composite cladding panels in Page 158 of 216
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pure white with the entrance curtain graphite grey. The access into the store is proposed on the west elevation. To the north of the site a retention structure to address a change in levels. This proposes to use a "green bag" solution to allow the retention structure to "green". 11 This application is a re-submission following the withdrawal of application 22/00816/FLL. This after the Planning Authority identified significant policy concerns regarding the erection of a supermarket in this location. Despite it being made clear that the principle of developing the site was contrary to the Development Plan, the applicant has chosen to make a further application. There were also pre-application discussions undertaken in July 2023 where the Planning Authority stated that the principle of a foodstore was considered contrary to planning policy. Site History 12 10/00004/PAN A Proposal of Application Notice was submitted on 7 May 2010 for the erection of a foodstore (Class 1) and petrol filling station with associated car parking, landscaping and access (in principle). The Council accepted the consultation proposed. 13 12/00001/PAN A further Proposal of Application Notice was submitted on 15 February 2012 for a retail foodstore, petrol filling station and associated works including landscaping, formation of new access road and road improvements. The Council accepted the consultation proposed. 14 12/00964/IPM A Planning Permission in Principle application was withdrawn on 3 September 2012. This related to the demolition of buildings, erection of a retail store (Class 1) with associated petrol filling station, car parking, access road, landscaping and link road and new junction. 15 15/00014/PAN A further Proposal of Application Notice was submitted on 25 August 2015 for a residential and retail development with associated access roads, infrastructure and landscaping. 16 15/01840/SCRN An Environmental Impact Assessment Screening Opinion Request was submitted on 16 November 2015 for a residential and retail development with associated access roads, infrastructure and landscaping. The Council issued a Screening Opinion. 17 19/00009/PAN A final Proposal of Application Notice was submitted on 30 October 2019 for a residential development, landscaping and associated works (allocated site H71). The Council accepted the consultation proposed. 18 21/02024/FLL An application seeking Full Planning Permission for the excavation of soil and other material was withdrawn on 21 April 2022. Page 159 of 216
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19 22/00816/FLL A further application seeking Full Planning Permission for the erection of a retail unit (Class 1), formation of vehicular access, parking area, landscaping and associated works was withdrawn on 13 December 2022. 20 22/01174/FLL Full Planning Permission was approved on 24 August 2022 for the excavation of soil and other material. Environmental Impact Assessment 21 The proposal is not considered to be EIA development and a PKC Screening Opinion confirms this. Pre-Application Consultation 22 Pre application Reference: 23/00063/PREAPL 23 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 formal pre-application consultation with the local community. Development Plan 24 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 25 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. 26 The Council’s assessment of this application has considered the following policies of NPF4: Policy 2: Climate Mitigation and Adaptation Policy 3: Biodiversity Policy 6: Forestry, Woodland and Trees Policy 13: Sustainable Transport Policy 14: Design, Quality and Place Policy 15: Local Living and 20 Minute Neighbourhoods Policy 16: Quality Homes Policy 18: Infrastructure First Policy 20: Blue and Green Infrastructure Page 160 of 216
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Policy 22: Flood Risk and Water Management Policy 23: Health and Safety Policy 27: City, Town, Local And Commercial Centres Policy 28: Retail Perth and Kinross Local Development Plan 2019 27 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. 28 The application site forms part of the H71 Newton Farm allocation for between 72 -110 homes. The site-specific developer requirements for the allocation are: A masterplan will be required for the comprehensive redevelopment of the site setting out the phased release of housing areas. It should be informed by a Flood Risk Assessment. Cycle paths and connections to core paths should be incorporated into the masterplan and designed to improve active travel links to Perth. Enhancement of biodiversity Energy Statement including details of an investigation into the potential of, and/or extension of a heat network to serve the development. 29 The principal relevant policies of the LDP2 are, in summary; Policy 1A: Placemaking Policy 1B: Placemaking Policy 2: Design Statements Policy 5: Infrastructure Contributions Policy 6: Settlement Boundaries Policy 13: Retail and Commercial Leisure Proposals Policy 15: Public Access Policy 17: Residential Areas Policy 25: Housing Mix Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity Policy 52: New Development and Flooding Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 55: Nuisance from Artificial Light and Light Pollution Policy 56: Noise Pollution Page 161 of 216
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Policy 57: Air Quality Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 30 Supplementary Guidance - Air Quality (adopted in 2020) Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) Supplementary Guidance - Landscape (adopted in 2020) Supplementary Guidance - Placemaking (adopted in 2020) PKC Non Statutory Guidance 31 Planning Guidance - Delivery of Development Sites Planning Guidance - Planning & Biodiversity Supplementary Guidance - Renewable & Low Carbon Energy (draft) National Guidance 32 The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 33 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: 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 PAN 77 Designing Safer Places Creating Places 2013 34 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 Page 162 of 216
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contribute to a flourishing economy and set out actions that can achieve positive changes in our places. National Roads Development Guide 2014 35 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. Other Material Considerations 36 Perth and Kinross Retail Study February 2023 37 This study provides an evidence base to assist PKC with its work on the Development Plan and to assist in assessment of retail applications and review related economic development framework Consultations 38 As part of the planning application process the following bodies were consulted: External 39 Perth and Kinross Heritage Trust - No archaeological mitigation required 40 Transport Scotland - No objection 41 Scottish Environment Protection Agency - The site is not at risk from flooding and the Flood Risk Assessment confirms this. 42 Scottish Water - No objection Internal 43 Environmental Health (Noise Odour) - No objections, subject to conditions relating to: dust management during construction, control of plant and equipment noise, control of noise from deliveries during both daytime and nighttime, a noise complaint procedure and alignment of lighting. 44 Transportation and Development - The access and parking arrangements are considered acceptable, with an appropriate number of parking spaces provided for cars, EVs and cycles. Following the submission of additional information the existing road network (with the proposed signalised junction) is considered capable of accommodating the proposed development. 45 Development Contributions Officer - A Developer Contribution of £213,626 towards transportation infrastructure is required. Page 163 of 216
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46 Development Plan - Proposal is contrary to National Planning Framework 4 Policy 28 - Retail and LDP2 Policy 13 - Retail. This is explained in more detail in the “Principle” paragraphs below. 47 Community Greenspace - No objection, as there is no impact on the existing core path network. 48 Biodiversity/Tree Officer - The submitted ecology report recommends a further two aerial inspections are undertaken on PRF-M (Potential Bat Roost Features). These aerial inspections should take place between May-September with at least three weeks between inspections in order to determine presence/likely absence of roosting bats. These inspections have not been undertaken and are required before any planning permission can be granted. Approval of the application without this information would be contrary to local and national guidance and policy. 49 Structures and Flooding - No objection, subject to conditions relating to surface water drainage provision. 50 Environmental Health (Contaminated Land) - A condition is recommended to ensure the provision of a Preliminary Risk Assessment to address any potential contamination. 51 Environmental Health (Private Water) – No objection. Representations 52 10 representations were received, all in support. The points are: Employment provision and salary benefits Supports economic development Provides discount retail Complies with the Development Plan Environmental benefits Sustainable travel benefits 53 It should be noted that a petition with 8 signatures in support of the application was received after the closure of the statutory advertisement period which highlights the same issues outlined above. 54 These issues are addressed in the Appraisal section of the report. Page 164 of 216
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Additional Statements 55 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed AA not required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact e.g. Flood Risk Assessment Submitted Appraisal 56 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 2 (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 consideration of the Council’s other approved policies and supplementary guidance as outlined above. Principle National Planning Framework 4 (NPF4) Policy 28 - Retail 57 Policy 28(a) of NPF4 states that retail proposals require to be consistent with the town centre first principle. This means that retail proposals will be supported in: (i) Existing city, town and local centres (ii) Will be supported in edge of centre areas or in commercial centres if they are allocated sites suitable for new retail development in the LDP (iii) Will not be supported in out of centre locations (other than meeting Policy 28(c) or 28(d). 58 The application site is in an out of centre location and therefore does not meet criteria (i) or (ii) above. Otherwise Policy 28(c) relates to small scale neighbourhood retail development and 28(d) relates to island and rural areas. Neither of these are applicable in this case. 59 In terms of 28(c) this proposal involves a 1,949 square metre store with 103 parking spaces. This is considered to be substantially beyond a “small scale neighbourhood facility” to support local day to day shopping needs, as intended to meet the requirements of Policy 15 of NPF4: 20 Minute Neighbourhoods. Page 165 of 216
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60 It is important to highlight the recent outcome of a judicial review (JR) by Tesco which overturned the Council's decision to grant planning permission to Aldi for a supermarket at Pitheavlis, Cherrybank (ref: 21/00248/FLL). This decision from the Court of Session is reflected in the reasoning and approach taken in this assessment, in that this proposal is not a “small scale neighbourhood” retail development. The outcome of the JR seeing the position of the judgement being that it was agreed “that, looked at objectively, there is no way in which a proposal for an 1800 square metre development, with 100 car parking spaces, having a catchment area of half of the city could be said to be a "small scale neighbourhood retail development" as envisaged by paragraph (c) of Policy 28.' 61 In relation to NPF4 Policy 28 and exception (c) the JR concludes the size of the store proposed is not neighbourhood scale. Furthermore the 2023 Perth and Kinross Retail Study recommends the next LDP defines such development as comprising no more than 500 sqm of gross floorspace, with individual retail units measuring no more than 200 sqm gross. These controls seeking to ensure that such retail development principally serves local retail needs and is consistent with the principles of 20-minute neighbourhoods as outlined in Policy 15. 62 In summary the JR decision confirms that in order to be considered as an acceptably scaled neighbourhood level foodstore in an out of centre location the size would have to be significantly smaller than was proposed and is proposed in this application. The Council’s own Retail Study indicating that the proposed store is almost 10x the individual unit size and 4x the total multiple unit scale envisioned. As such the proposed supermarket is not considered a small scale neighbourhood retail development and therefore does not meet the terms of Policy 28(c). 63 Policy 28 directs planning authorities to sites allocated in the Development Plan when considering new retail need. In the case where there are no existing sites that are suitable it will be for the Development Plan review to bring forward new sites, if there is identified need. However, the Council’s 2023 Retail Study, referenced above, has concluded that there is no capacity/need for additional convenience retail floorspace within Perth (and more widely Perth and Kinross as a whole). The projections for physical retail space are not positive due to a contraction and a number of factors like the increase in online shopping and click and collect. Based on the study findings the Council is not likely to identify further commercial centres/or expand existing ones in Perth via the current LDP review. 64 The applicant's view is that there is an inherent need for discount foodstore provision on the application site, however, this is not considered to be a relevant test or consideration in relation to the determination of this planning application. Retail policy does not allow for a differentiation between retail offerings or operators, rather it is the use class which is considered and the assessment required to be made without reference to a specific operators business model/offering. The applicant has carried out a public consultation exercise, which indicates a level of support for the proposal and there have also been Page 166 of 216
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letters of support received, albeit these were submitted after the closure of the public consultation period. Whilst these views are noted, they are not significant considerations and there remains a fundamental issue with compliance with NPF4 Policy 28. The presence of supporting representations is not considered to outweigh the above policy concerns. Policy 15: 20 Minute Neighbourhoods 65 In terms of other relevant NPF4 policies, Policy 15 relates to local living and 20 minute neighbourhoods. It seeks to create compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home. The submission argues that the proposal meets the requirements of Policy 15. However, it is again important to consider the outcome of the JR which states: 66 “I agree with the petitioner that, looked at objectively, there is no way in which a proposal for an 1800 square metre development, with 100 car parking spaces, having a catchment area of half of the city could be said to be a “small scale neighbourhood retail development” as envisaged by paragraph (c) of Policy 28.” 67 The intent of Policy 15 is to encourage, promote and facilitate the application of place principles and create connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by walking, wheeling or cycling or using sustainable transport options. 68 The proposed store which would have a large catchment is, as has been set out above, not a small scale neighbourhood retail development. Rather it is clear that the store would serve both local and a wider car-based catchment, indeed this is identified within the submission. 69 There is no specific definition of what Policy 15 is seeking to secure, in terms of shopping, it is important to note that the policy states ‘daily’ and that the retail study indicates stores of 200sqm are the maximum size of what the Council consider as a ‘neighbourhood store’. Although it is appreciated that a much larger store, such as of the scale proposed, may cater for daily needs, its function is to provide a facility to meet all food shopping needs in one trip and is most likely to be accessed by private car and used as a weekly shopping destination. It is therefore considered that Policy 15 is not the appropriate policy to consider the principle of a significantly scaled supermarket, which serves much more than a local catchment accessed primarily by sustainable modes. Although the proposal may meet a daily need as people close to the shop may walk there and back for top up items, the proposal cannot gain the appropriate level of support from this policy to outweigh Policy 28. 70 Policy 27 of NPF4 relates to town, local and commercial centres. It must be noted that it is designed to deal with proposals for other significant footfall uses beyond retail. In any case, the policy approach for retail development in an out of Page 167 of 216
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centre location is clearly set out in NPF4 Policy 28 Retail, and Policy 27 would not outweigh this. Furthermore, this site is not within a designated centre which Policy 27 relates to. Perth and Kinross Local Development Plan 2 (2019) – Policy 13 - Retail 71 The application site along with the surrounding land to the north and west is identified as a housing/residential site (H71 Newton Farm) within the Perth and Kinross Local Development Plan 2 (2019) (LDP2). Identifying the site for retail was resisted at LDP2 examination, and the Scottish Government Reporter supported the Council's position. Therefore, this retail proposal is also contrary to the Development Plan in that it proposes a retail use on an allocated housing site. 72 NPF4 supersedes the Perth and Kinross Local Development Plan 2 where there are conflicts. Policy 13 Retail and Commercial Leisure is therefore no longer fully applicable. In particular Criteria 2 is superseded, as it is no longer sufficient for a proposal to be supported by a favourable sequential assessment, as this conflicts with the NPF4 Policy 28. Particularly when it comes to out of centre proposals as they are only supported if Policy 28 criteria (c) or (d) apply. 73 The applicable parts of Policy 13 which can be considered are criteria 1 (helps meet quantitative or qualitative deficiencies), 4 (provides improved distribution and accessibility) and 7 (no significant impact individual or cumulative on any of the centres). These criteria do not directly conflict NPF4 and remain part of the Development Plan. 74 The Perth catchment is shown as being well served by its existing convenience and comparison retail offerings. With these conclusions supported by the Council's commissioned Retail Study, which indicates substantial projected over- supply of convenience and comparison goods floorspace in the Perth and Kinross area from 2027 onwards. Criteria 1 and 4 Quantitative and Qualitative Deficiencies and Improved Distribution and Accessibility 75 The PKC commissioned retail study forecasts oversupply of convenience retail space (and comparison). There is no distinction between one retail offering and another, such as whether there are differences in price point or target market. Thus, it is not appropriate for the planning system to treat one operator or offering as different from another. It is also the case that many supermarkets have ranges which suit various segments of the population. Even if overtrading is an issue, meaning that some existing stores expect more spend than may be expected and as is indicated by the applicant’s agent, this is marginal and even if included it wouldn’t change the overall negative projections. 76 It is also the case that, within very close proximity of this site on Crieff Road there is a Tesco superstore. In addition to Coops in both Tulloch and Letham local Page 168 of 216
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centres, and a discount store ‘Farmfoods’ on Crieff Road. When considering the planning application's 7-minute drive range catchment, there are also a range of additional stores, including further ‘discount’ provision, with a M&S and Aldi at Inveralmond, Asda on Dunkeld Road, Morrisons on Caledonian Road, and the Food Warehouse at St Catherine's Retail Park. 77 In this context there is no identified or obvious locational requirement for an additional food store at the site, nor is a perceived need for additional ‘discount’ provision to provide wider choice a relevant planning consideration. It is however the case that there are a wide range of choices for shoppers, with various different offerings to serve different segments of the population. Overall the Perth catchment is considered to be well served by its retail (convenience and comparison) offer and these conclusions are supported by the Council's Retail Study. That Study indicates substantial projected over-supply of convenience and comparison goods floorspace in the Perth and Kinross area from 2027 onwards. More locally the northern part of the city is also well catered for with a good range of existing options available. 78 Furthermore, the Retail Study forecasts oversupply of convenience retail space and with the projections and taking account the current economic climate it is considered that it will be difficult to sustain the viability of the existing retail provision let alone the provision of a new store of 1,949sqm. 79 The applicant disputes the outcome of the Retail Study, although it should be noted that the Study is impartial and given more weight than the retail assessments prepared by applicants. 80 The proposal would therefore not satisfy criteria 1 (helps meet quantitative or qualitative deficiencies) or 4 (provides improved distribution and accessibility). Impact on Centres - Criteria 7 81 As outlined above there is considered to be sufficient availability and choice available in this part of Perth and to an extent more widely. In addition to the local centres in Tulloch and Letham, there is important convenience retail provision within the city centre, and some good edge of centre/commercial centre provision (the Morrisons, B&Ms, and the Foodstore at St Catherine's Retail Park each of which encourages linked trips with the city centre and thus have enhanced economic impact). In terms of the impact on the city centre there is a need to consider the St Catherine’s commercial centre because it is edge of the city centre and has this key role for linked trips. 82 The local centres near the site already compete with Tesco, and their viability and impact from large food stores was a significant concern when considering the review of neighbourhood centres in the Retail Study. Particularly important is that the Tulloch local centre is not identified in LDP2 and thus not significantly protected, although the intention will be to include it in LDP3. This based on a review of neighbourhood centres in the Retail Study. There is a requirement to Page 169 of 216
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ensure that new development does not encourage diversion of existing footfall and spend away from the edge of centre (in its role supporting the city centre), city centre, and existing local neighbourhood centres. This will help to support existing centres and help sustain retail function in the best locations. 83 The retail study’s neighbourhood centre reviews have identified that Perth’s stronger neighbourhood centres are those with a reasonable convenience offer (as an anchor), supported by a hair and beauty offer, a selection of services providers (as daytime footfall generators), and a take-away offer (for both day and night-time business). Centres closer to major foodstores, particularly those that don’t have the offer outlined above, are struggling to maintain vitality. 84 In this context it is considered likely that the proposal will divert trade from existing neighbourhood centres and particularly their anchor convenience stores. The proposal also would encourage diversion of existing footfall and spend away from the city centre and therefore would impact significantly on the viability and vitality of the city centre, as well as local centres, contrary to criteria 7 and with adverse economic impacts. Conclusion 85 Therefore, the proposal is contrary to Policy 28: Retail of NPF4 which is the most up to date position on retail policy in Scotland and therefore the key factor in determining this application. 86 An assessment of other relevant policies of NPF4 and LDP2 is provided below. But the outcome of the assessment below is not considered to have significant enough weight to override NPF4 Policy 28. 87 The proposal is therefore considered contrary to National Planning Framework 4, Policy 28, as the proposal is for a significantly sized supermarket in an out of centre location which does not meet either of the policy exceptions: (c) for small scale neighbourhood facilities, or (d) for small scale rural facilities. It also is contrary to LDP2, Policy 13: Retail and Commercial Leisure as it does not address any qualitative or quantitative deficiencies as demonstrated in the Retail Study and is likely to be of detriment to existing commercial/local centres and the city centre. Material Considerations 88 The submission intimates that the level of public support for the proposal should outweigh the policy concerns identified above. Section 25 of The Town and Country Planning Act (Scotland) 1997, as amended, requires planning applications to be determined in accordance with the Development Plan unless material considerations indicate otherwise. This proposal is clearly contrary to the Development Plan as outlined above and the presence of some support in late letters of representation is not considered to be a significant material consideration which would merit departure from the Development Plan. Page 170 of 216
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89 The proposal involves the formation of a new signalised junction into the site which is proposed to serve the supermarket and the remainder of the H71 housing allocation. The submission claims that this is a key material consideration in the assessment of this application and that the provision of this junction should be considered as part of the planning balance in assessing this proposal. 90 However, the delivery of an appropriate junction to serve the allocated site would be a requirement for any housing delivery on this site. Thus its delivery as part of this application is not considered to have any significant weighting in the planning balance given the fundamental policy concerns which are highlighted above. 91 The applicant has also highlighted the recent approval of a new store in Livingston which was assessed under NPF4. That decision appearing to conclude that the proposal was a small-scale neighbourhood development. As is discussed above, this proposal is not considered to be small-scale and this view is supported by the recent JR outcome for Aldi at Cherrybank which is referenced in detail above. In addition, and as also set out above, the Council’s Retail Study recommends the new LDP defines that scale of development as comprising no more than 500 sqm gross in total, with individual retail units measuring no more than 200 sqm. The JR decision confirms that position. This proposal is therefore clearly not a local neighbourhood facility and therefore is clearly contrary to NPF4 Policy 28 Retail and the outcome of the Judicial Review helps to confirm this. Site Layout, Placemaking and Visual Amenity- H71 Housing Allocation 92 The following are the site-specific developer requirements related to the H71 allocated housing site: A Masterplan will be required for the comprehensive development of the site setting out the phased release of the housing areas. The Masterplan should be informed by a Flood Risk Assessment, which will identify which areas of the site are suitable for development. Cycle paths, and connections to core paths incorporated into Masterplan and designed to improve active transport links to Perth. Enhancement of biodiversity. This proposal is for a retail development on a site allocated for housing. The proposal is therefore contrary to the H71 allocation in the LDP2. 93 The proposal as submitted gives limited consideration to the adjacent housing site and the remainder of the allocation. It is located in the southeast corner of the allocation on an elevated part at the junction between Crieff Road and the A85 link road. An indicative masterplan layout for the housing site has been provided, but no information has been provided as to how and when this will be delivered. Page 171 of 216
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94 Whilst the proposed vehicular access could likely serve the remainder of the housing site, the proposed store and related parking, etc. sits in the corner of the wider allocation with no other connections to the remainder of the site by means of cycle paths/pedestrian linkages, which is a specific requirement of this allocation. The elevated nature of the site and the introduction of large scale retaining structures means that the supermarket effectively backs onto the remainder of the housing land allocation rather than being an integral part of it. 95 Whilst a housing layout has been provided which shows how housing could be accommodated within the remainder of the allocation, in addition to the proposed supermarket, the H71 allocation requires a masterplan to be submitted, informed by a flood risk assessment, which sets out the phased release of the site. This has not been provided and there is no indication of when the housing development is to come forward. The applicant does not own the remainder of the allocation so there is no guarantee of delivery of the housing land allocation. The submission of an indicative housing layout achieves very little and does not meet the requirements of the allocation as set out in LDP2. The proposal effectively carves off a portion of the site for another purpose, so there is no way of considering how this development will relate to the remainder of the housing site and there is no demonstration on how these two elements will be intrinsically linked, particularly given that the applicant has no control over or obvious interest in the delivery of housing on the remainder of the allocation. It is not agreed that this proposal results in an efficient use of the site and that it allows the housing allocation to be developed in a consistent and holistic way, in fact it is considered that the opposite is the case. 96 The Council's Placemaking Policies 1A and B state that development must contribute positively to the quality of the surrounding built and natural environment. They state that design, density and siting of the development must respect the character and amenity of the place and should create and improve links within and beyond the site. They go on to state that development requires to consider and respect site topography and that the design should complement its surroundings in terms of appearance, height, scale, massing, materials and finishes. The Supplementary Guidance (SG) emphasises the importance of considering pedestrian/cyclist desire lines, access points and linkages to wider routes and introducing permeability through a site. The SG references sloping land and details methods to best cater for sloping sites and states that extensive alteration of topography should be avoided. The SG also emphasises the importance of producing a masterplan for larger sites. NPF4 Policy 14 supports development that is consistent with the six qualities of successful places, including health and wellbeing, and safe and pleasant places for people to meet. 97 The application site has two frontages onto the public road, Crieff Road to the south and Crematorium Road to the east. This results in the site being very prominent on a busy and important thoroughfare/junction within the city. The developments design therefore requires to reflect it’s positioning and the importance of this junction, its visual prominence and elevated nature when compared with the land to the north. Following concerns expressed during the Page 172 of 216
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pre-application stage and during assessment of the previous application, amendments have been made to the design of the store. These include the introduction of high-level glazing on the east elevation, along with brick cladding and additional landscaping. These design approaches seek to reduce the impact which a blank "rear" elevation would as an interface onto the new A85. The changes have gone some way to addressing these concerns and are certainly an improvement over the original which proposed a blank elevation with little landscaping or planting. The revisions introduce a degree of visual interest on this elevation and new tree planting including native species and hedging. On balance, the changes introduced to the east elevation are considered to be acceptable and have addressed the concerns previously expressed regarding this part of the site. Retention Structures 98 Due to the sloping topography from south to north the supermarket is proposed to be built on a platform raised above the existing ground level, so that it sits level with Crieff Road. This results in the requirement for retaining structures to be provided along the north boundary. 99 Whilst it is noted that these retaining structures are proposed to contain planting, to attempt to reduce their visual impact, they are still large in scale, prominent and situated in close proximity to the public road. They also have the potential to significantly dominate the environment and any future housing development to the north, given their scale. This is one of the reasons the site requires to be subject to a masterplan to ensure the relationship across the site, such as in terms of levels, is fully addressed. This proposal seeks a solution for the proposed store only but pays little consideration for the needs of the wider site. It would result in a large scale, oppressive retaining structure, which is clearly visible from the public road and could have implications on the future delivery of housing on the remainder of the allocation, in terms of overshadowing and visual impact. The introduction of a "green bag" solution is certainly an improvement over the originally proposed engineered approach to the retaining structure but ultimately the overall H71 allocation should be masterplanned and considered holistically to ensure levels are properly considered across the entire site. The only reason this scale of retaining structure is required is because the overall allocation has been partly looked at and in isolation and considered largely independently, only considering the needs of the proposed supermarket. These structures will not provide an attractive approach to the store and the extent of landscaping proposed does not change this. The design approach is thus considered contrary to Policy 1 of the LDP2 and the associated Supplementary Guidance and is also contrary to NPF4 Policy 14. 100 If the principle of development was accepted here, which it is not, the proposal requires to be brought forward whilst considering the wider land allocation and should be part of a deliverable masterplan for the whole site so the development can be considered in conjunction with the rest of the site. Page 173 of 216
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Service Yard 101 The position of the service yard on the north side of the site and the potential implications this could have on the future allocated housing site, in terms of noise and disturbance, is also a concern. This could potentially severely limit the ability to develop housing adjacent due to noise generation. This issue is not considered within the submitted NIA, which only considers existing housing. Policy 56 of the LDP2 and Policy 23 of NPF4 is applicable here which state that there is a presumption against the siting of development proposal which will generate high levels of noise in the locality of existing or proposed noise sensitive land uses. The allocation of the overall site for housing means that this issue should be addressed. 102 Again, given the lack of any consideration of the site as a whole as part of a detailed masterplan this cannot be fully assessed. If the supermarket is approved in this location it would put an unreasonable onus on a future housing developer to mitigate this issue in the layout and design of the housing site. Therefore, the proposal is considered contrary to Policy 56 and the H71 allocation of the LDP2 and Policy 23(e) of NPF4. Biodiversity 103 Policy 41 of the LDP2 states that the Council will seek to protect and enhance all wildlife and habitats, whether formally designated or not, considering natural processes in the area. Policy 3 of NPF4 contains similar requirements. In essence planning permission will not be granted for development likely to have an adverse effect on protected species unless clear evidence can be provided that the ecological impacts can be satisfactorily mitigated. 104 An Ecological Impact Assessment (EcIA) Report has been submitted in August 2024 which includes associated appendices for protected species, including bats. Bats 105 A PRF (Potential Roost Features) aerial inspection survey was undertaken on 15th May 2024. 106 The Bat Survey Report (Appendix B of EcIA) states "As per best practice guidance (Collins, 2023) it is recommended a further two aerial inspections are undertaken on PRF-M features (high roost suitability). These aerial inspections should take place between May-September with at least three weeks between inspections in order to determine presence/likely absence of roosting bats. For features categorised as PRF-I, it is recommended that a PRF inspection is undertaken to confirm absence of roosting bats prior to felling/management". This further survey work has not been undertaken and in accordance with national and local guidance it is not appropriate to condition receipt of this information, as the full impact on protected species must be known prior to issuing consent. The Planning Authority needs to fully understand the impact of Page 174 of 216
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the development on protected species and to be satisfied that a licence would likely be issued. This application cannot be assessed further without the survey requested. This information was requested from the applicant's agent and has not been submitted. This is therefore contrary to Policy 41 of the LDP2 and Policy 3 of NPF4, due to lack of information to enable an assessment of bats. Invasive Non Native Species 107 The EcIA Report states that to prevent the spread of an invasive non-native species as a result of the Development, it is recommended an invasive species management plan is produced detailing the appropriate removal and management of the invasive species present onsite. This has not been submitted and is required. It also isn't referred to in the Biodiversity Enhancement Plan. However, this could be delivered via condition, should planning permission be granted. Biodiversity Enhancement 108 NPF4 requires local planning applications to include appropriate measures to conserve, restore and enhance biodiversity, in accordance with national and local guidance. 109 The initial Biodiversity Enhancement Plan (doc ref 18) is of limited value as it didn't differentiate between measures for compensation and enhancement. To count as enhancement, the measures must be over and above those required for compensation. 110 The PKC Planning for Nature Supplementary Guidance clearly sets out the information required to inform a planning application and during an initial consultation response, the Council's Biodiversity Officer highlighted the need for further information. 111 Given the updated landscaping and planting plan which has been provided, the required enhancement can be delivered on site. Trees 112 Policy NPF4 Policy 6 (c) states that development proposals involving woodland removal will only be supported where they will achieve significant and clearly defined additional public benefits, in accordance with relevant Scottish Government policy on woodland removal. Where woodland is removed, compensatory planting will most likely be expected to be delivered. The mitigation hierarchy in the form of avoid, reduce, compensate, and enhance requires to be demonstrated. This is clearly explained in the PKC Planning for Nature Guidance Planning Guidance - Planning & Biodiversity - Perth & Kinross Council (pkc.gov.uk). Page 175 of 216
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113 The submitted Ecological Impact Assessment (EcIA) Report states that 100% of all three habitats will be removed to allow this development to proceed: - 0.33ha A1.3.2 mixed woodland plantation (27.69% of site) - 82m of intact hedgerow - 0.74ha scattered scrub (61.37% of site) 114 The report notes the value of urban woodland as listed as a priority habitat in the Tayside LBAP and is considered of local nature conservation value. The value of hedgerows is also acknowledged. 115 Removing 100% all of three habitats represents clearing of the site and no evidence of trying to avoid and/or reduce the impact of this development on trees, woodland and hedgerows has been provided. The applicant was asked to provide evidence of application of the mitigation hierarchy in the form of avoid, reduce, compensate via the submitted EcIA. However, no evidence of the use of the mitigation hierarchy is evident. 116 A landscape plan was submitted in December 2023, and it was requested this be revised to indicate compensatory planting details once the impact of this development on trees was known. A further landscaping plan was received in October 2024. 117 16 trees, mainly large mature specimens, are to be felled, plus a tree group G002 (comprising 12 trees), H001 (hedge containing 22 trees), H002 (hedge containing x14 trees). 118 The amended proposed landscaping plan proposes planting 48 extra heavy standard trees which is considered to be sufficient compensation and mitigation for the felling. There is limited planting proposed on the southern boundary of the site and therefore insufficient landscape relief compared with the other sides of the site. It is appreciated that this may be party due to the retention of sight lines at the access, but there would appear to be scope for additional planting along this boundary. 119 The provision of additional trees along the southern boundary could be secured by an appropriately worded condition should planning permission be granted. Traffic and Transport Access and Parking 120 Access to the development site will be from the public road network on A85 Crieff Road. Motor vehicle access would see a signalised junction on Crieff Road, creating a four-arm signalised crossroads. This would encompass the south arm of Crieff Road, which provides access to a number of dwellings. Pedestrian access will be incorporated into the proposed signalised junction. The applicant is also proposing to provide a path link from the store to the signalised crossing at Crieff Road/ B9993. Page 176 of 216
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121 The proposed access will serve both the retail unit and the wider H71 allocation. As a result, the proposals state the internal access road will be designed to adoptable standards and promoted for adoption in due course. Road Construction Consent will be required, with the road privately maintained until future development comes forward. A condition is recommended to ensure this should planning permission be granted. 122 Delivery vehicles will share the same vehicular access, driving into the site and crossing the car park before turning left and reversing into the delivery bay. 123 Pedestrian and cycle access will be provided via the access junction and a separate direct link to the northern footway on Crieff Road. The site is also accessible via public transport, with two bus stops located within 100m, with the Crematorium bus stop located to the northeast and the McDiarmid Park bus stop located to the west. 124 The proposal includes 10 cycle parking spaces and 103 car parking spaces, which will consist of: o 86 standard car parking spaces o 2 standard car parking spaces with EV charger o 6 car parking spaces for disabled customers o 9 car parking spaces for parent/care providers with children 125 The car park is proposed to be future proofed by providing an additional 9 passive EV spaces, with ducting put in place to connect additional chargers should demand increase over time. The level of car parking is acceptable and falls within requirements of the National Roads Development Guide. 126 The cycle parking will be located under the canopy on the south elevation of the store, providing a covered parking location for anyone cycling to the store. 127 The submission demonstrates that HGV vehicles will be able to manoeuvre within the site to carry out deliveries. Therefore, the layout in terms of access and parking is considered to be acceptable. Impact on Road Network 128 Through the Scoping Exercise from 2022 as shown in Appendix A of the Transport Assessment, Perth & Kinross Council's Transport Planning Team requested that the applicant undertake testing in Perth & Kinross Council's Microsimulation model of Perth to better understand the impact of the development on the local road network. The methodology used for the modelling in the submission is considered to be acceptable. The modelling also includes the residential development of the wider masterplan site. 129 The modelling shows that, on the local road network, the impact in terms of traffic flows is greatest in the vicinity of the store. With the installation of a set of Page 177 of 216
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signals, the queue from the A85 West arm looks to be held in advance of the signalised junction for the newly proposed Lidl/Housing proposal, with queue lengths of up to 22 vehicles. The journey times along the corridor have shown that there is not a significant impact on the corridor with average changes of journey times estimated to be small. 130 Perth & Kinross Council's Urban Traffic Control team had requested standalone modelling of the signals at Tulloch Terrace, A85/B9993 and the new junction into Lidl and the housing site, as they have concerns with the stacking capacity between the junctions. The Urban Traffic Control team have requested that the developer undertakes testing to identify how best to incorporate the junction into the existing SCOOT network (adaptive traffic management system that adjusts timings of traffic lights depending on current traffic conditions) and identify what impact it will have. 131 This information has now been submitted and reviewed. There were some queries regarding the modelling results and how this relates to the traffic signals. If the application is approved the detailed design and operation of the signalised junction should be secured by condition. The information, subject to conditions, is considered to be sufficient to demonstrate that the development can be accommodated on the local road network with an appropriately designed signalised junction being provided. Sustainable Transport 132 The applicant has provided a walking isochrone for the store showing a 20 minute walked route to the store for a distance of up to 1.6km. This shows that large areas of Letham, Hillyland and Tulloch are within this area. Areas such as Burghmuir and the under construction homes adjacent to Dobbies would be included within the a 20 minute walking distance of the store. As outlined above cycle parking is catered for in the proposal and should be secured via condition. The site is also served by numerous bus services and frequencies. The Public Transport Unit have advised that improvements to bus stop provision are provided which could be secured by condition if planning permission is granted. 133 There are also recommended conditions from PKC Transportation and Development regarding street lighting, the vehicles access, provision of a construction traffic management plan, a travel plan and relocation of existing infrastructure. These should all be applied should planning permission be granted. Page 178 of 216
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Drainage and Flood Risk 134 Policy 53B of the LDP2 and Policy 22 of NPF4 requires new development to be served by a private drainage system where there is no public system available. 135 Foul drainage is proposed to utilise a gravity foul drainage system connected to the existing public foul/combined sewer on Crieff Road. This is considered to be acceptable. 136 Surface water drainage requires to be collected via a SUDS system as required by Policy 53C and Policy 22(c) of the LDP2. The submission indicates that surface water will involve below ground cellular storage tanks within the car park supplemented by at source treatment consisting of permeable paving and filter trenches, with a controlled discharge from the attenuation tank connected to an existing surface water drainage flowing south to north along the eastern boundary. There were initial concerns from the Council's flood team regarding the ability of this ditch to accommodate additional flow particularly as it has a high probability to flood (10% chance in any year). 137 Following submission of additional information the extent of surface water discharge has been clarified and the Council's Flood Team now consider the proposals to be acceptable. 138 The applicant is proposing drainage works out with the red line boundary of the application. This could be delivered via a suspensive condition should planning permission be granted to ensure the infrastructure is completed in full prior to the commencement of development. Residential Amenity 139 Policy 1A and B and 56 of LDP2 and Policy 14 (c) and 23 of NPF4 require any development to not detrimentally impact on residential amenity. A Noise Impact Assessment (NIA) accompanies the application. The NIA has assessed the predicted noise impacts from plant, deliveries and the car park associated with the proposed development on the closest existing noise sensitive receptors based on a noise survey undertaken over a weekend period in January 2022. 140 Environmental Health have been consulted and notes that the NIA concluded that the noise from all introduced sources, car parking activities, servicing noise and fixed plant and equipment noise are not likely to have a detrimental effect or unduly impact on the existing amenity of the closest NSR for daytime operations as the design target limits have been demonstrated as being achieved. 141 While this application is recommended for refusal, if the application is approved, a number of conditions are recommended with regard to noise, servicing and delivery times and lighting to protect the amenity of existing residential dwellings. Page 179 of 216
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142 As mentioned elsewhere in this report there are concerns with how the operation of the store may impact on future residential development within the remainder of allocated site H71 and the store and noise from it may limit the ability to develop the housing allocation. The proposal is therefore considered to be contrary to Policy 23(e) of National Planning Framework 4 (NPF4) and Policy 56 and the H71 allocation of the Perth and Kinross Local Development Plan 2 (2019). Air Quality 143 An Air Quality Impact Assessment has been submitted and the conclusions have been accepted by PKC Environmental Health. Should planning permission be granted conditions regarding dust management and construction methods should be attached. Developer Contributions 144 The Council Transport Infrastructure Developer Contributions Supplementary Guidance requires a financial contribution towards the cost of delivering the transport infrastructure improvements which are required for the release of all development sites in and around Perth. 145 The site is located in the 'Full' Transport Infrastructure contributions zone (Appendix 3 of the Supplementary Guidance). 146 In line with 6.8 of the Guidance, the Retail contribution rate (at £185 per sqm) will only be applied to the trading floorspace of new, or extensions to existing, retail developments. Non-trading and Back of House functions space will be calculated on the employment use category (at £17 per sqm). 147 Floorspaces noted on the "Proposed Site Plan" are a Sales Area of 1,331 sqm plus Warehouse/Ancillary space at a combined total of 618 sqm. 148 Therefore, the total contribution required is as follows: 149 Transport Infrastructure: (£154 x 1,331) + (£14 x 618) £204,974 + £8,652 Total: £213,626 150 The applicant has indicated an intention to pay the developer contribution upfront. Page 180 of 216
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Low and Zero Carbon 151 Policy 32 of the Local Development Plan requires proposals to demonstrate that at least 10% of the current carbon emissions reduction set by Scot Building Standards will be met through the installation and operation of low and zero- carbon generating technologies. Limited information has been submitted with regard to this. If approved a condition will be attached to ensure compliance with this requirement which would ensure compliance with Policy 32, Embedding Low and Zero Carbon Generating Technology in New Development, of the LDP. The submission indicates that the above policy requirements would be met by the proposal. Economic Impact/Benefits 152 The proposal would have an economic impact during the construction phase and during the lifetime of the development. The submission has been reviewed by the Council's Business, Place and Investment Team who have indicated that the application aligns with the Council's corporate priorities around tackling poverty and developing a resilient economy, promoting business creation, growth and job creation but this is only looking at the proposal in isolation without considering the adverse economic impacts on existing retail provision as highlighted in this report. The proposal is expected to create 40 jobs plus indirect jobs via construction and the supply chain. The store would provide more choice for local people with lower prices. There would also be supply chain benefits. However, it is accepted that there could be potential impact on existing retail provision and the proposal would impact on footfall in the city centre. The Business, Place and Investment Team also recognise that the site is allocated for housing development and this proposal would reduce the availability of land for new homes. Overall, whilst there are considered to be some economic benefits associated with the proposal these are not considered to outweigh the fundamental planning policy concerns which are outlined above. Variation of Application Under Section 32a 153 This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the landscaping and planting, design and materials of the store and the finish of the retaining structure. These were not considered to merit re-advertisement of the application. Planning Obligations and Legal Agreements 154 None required. Conclusion and Reasons for Recommendation 155 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this Page 181 of 216
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respect, the proposal is considered to be contrary to the Development Plan. Account has been taken of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for refusal on the grounds identified below. Recommendation Refuse the application. Reasons for Refusal 1. The proposal is contrary to Policy 28, Retail, of National Planning Framework 4 (NPF4), specifically 28 a) iii which does not support retail proposals in out of centre locations. The site is in an out of centre location and is not allocated for new retail development. The proposal is also contrary to Policy 13 of the Perth and Kinross Local Development Plan 2 (2019) as there is no requirement for an additional retail store as demonstrated by the Perth and Kinross Retail Study 2023. The proposal will also divert trade from existing allocated neighbourhood centres and their anchor convenience stores, to their likely detriment. The proposal also would encourage diversion of existing footfall and spend away from the city centre and therefore would impact significantly on the viability and vitality of the city centre and local centres. 2. The proposal is contrary to the H71, Newton Farm allocation in the Perth and Kinross Council Local Development Plan 2 (2019) as the proposal is for a significant retail use within a site allocated for residential development. Furthermore, the proposal fails to meet the site specific developer requirements of the allocation as no detailed masterplan has been submitted to demonstrate a comprehensive development and phased release of the site. The proposal is located in the south east corner of the H71 allocation on an elevated part of the site at the junction between Crieff Road and the new A85 link road. An indicative layout for the housing site has been provided but no information has been provided as to how and when this will be delivered. Furthermore, the applicant appears to have no control over the delivery of the allocated housing site. The proposed vehicular access provides a link to the remainder of the housing site but the rest of the proposed development sits in the corner of the wider allocation with no other linkages to the remainder of the site by means of cycle paths/pedestrian linkages which is a specific requirement of this allocation. The elevated nature of the site and the introduction of large scale retaining structures means that the supermarket effectively backs onto the remainder of the housing land allocation rather than being an integral part of it, contrary to the developer requirements of the H71 allocation. 3. The proposal is contrary Policy 41 of the Perth and Kinross Council Local Development Plan 2 (2019) and Policy 3 of National Planning Framework 4 (NPF4) which require survey work to be undertaken where protected species are known or suspected and requires development to contribute to the enhancement of biodiversity. The further bat survey work which is recommended within the Bat Page 182 of 216
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Survey Report (Appendix D) has not been undertaken. Therefore, it is not possible to fully understand the impact of the development on protected species and to be satisfied that a license from Nature Scot would likely to be issued. 4. The proposal is contrary to Policy 14: Design, Quality and Place of National Planning Framework 4 (NPF4), Policy 1A and 1B(b):Placemaking and the requirements of the H71 allocation within the Perth and Kinross Local Development 2 (2019) as the proposed retaining structures to the north of the store are considered to undermine any future housing development within the remainder of the H71 allocation. This proposal seeks a solution for the proposed store only but pays no consideration for the needs of the wider site. It would result in a large scale, oppressive retaining structure, which is clearly visible from the public road and could have implications on the future assessment of housing on this site in terms of overshadowing and visual impact. The only reason this scale of retaining structure is required is because the masterplan site has been salami sliced with this application only considering the needs of the proposed supermarket. 5. The proposal is contrary to Policy 23(e) of National Planning Framework 4 (NPF4) and Policy 56 and the H71 allocation of the Perth and Kinross Local Development Plan 2 (2019) as the proposed service yard on the north side of the site could have an impact on the future allocated housing site in terms of noise and disturbance. This could potentially severely limit the ability to develop housing in this adjacent location due to noise generation. Given the lack of any consideration of the site as a whole as part of a detailed masterplan this cannot be fully assessed. If the supermarket is approved in this location, it would put an unreasonable onus on a future housing developer to mitigate this issue in the layout and design of the housing site. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes 1 No planning permission should be issued until the developer contribution of £213,626 has been paid in full. Informatives None Background Papers Letters of representation 10 Page 183 of 216
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Authors Name Designation Contact Details John Williamson Planning Officer 01738 475300 Developmentmanagement@pkc.gov.uk Approved Name Designation Date Kristian Smith Service Manager 26 February 2025 Paul Williamson Team Leader 21 February 2025 Page 184 of 216
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Ü Erection of retail unit (Class 1A), formation of vehicular access, parking area, landscaping and associated works on land 75 Metres North Of 288 Strathtay Road Perth Ph1 2JU 23/02025/FLL Scale 1:10,000 Planning and Placemaking Committee - 12 March 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(ii) Page 185 of 216
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Ü Erection of retail unit (Class 1A), formation of vehicular access, parking area, landscaping and associated works on land 75 Metres North Of 288 Strathtay Road Perth Ph1 2JU 23/02025/FLL Scale 1:5,000 Planning and Placemaking Committee - 12 March 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(ii) Page 187 of 216
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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. 5(2)(iii) Page 189 of 216
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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. Page 190 of 216
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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 Page 191 of 216
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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. Page 192 of 216
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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. Page 193 of 216
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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. Page 194 of 216
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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 Page 195 of 216
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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 Page 196 of 216
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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. Page 197 of 216
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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. Page 198 of 216
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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 Page 199 of 216
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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 Page 200 of 216
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Ü © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 12 March 2025 24/01713/FLL S42 Application to vary conditions 1, 4 and 5 (duration, acoustics, noise) and deletion of condition 3 (fence) of permission 22/00334/FLL at Crieff Hydro Hotel, Ferntower Road, Crieff, PH7 3LQScale 1:25,000 5(2)(iii) Page 201 of 216
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Ü © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 12 March 2025 24/01713/FLL S42 Application to vary conditions 1, 4 and 5 (duration, acoustics, noise) and deletion of condition 3 (fence) of permission 22/00334/FLL at Crieff Hydro Hotel, Ferntower Road, Crieff, PH7 3LQScale 1:10,000 5(2)(iii) Page 203 of 216
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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. 25/57) PROPOSAL: Change of use of and alterations of post office to form extension to dwellinghouse LOCATION: Bridge of Cally Post Office, Bridge of Cally, Blairgowrie, PH10 7JG Ref. No: 24/01925/FLL Ward No: P3- Blairgowrie and Glens 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 for the change of use of a post office and general store (Use Class 1A Shops, Financial, Professional and Other Services) to form an extension to an existing dwellinghouse (Use Class 9 Houses) with associated alterations. The application is at the Planning and Placemaking Committee because the applicant is an elected member. 2 The Bridge of Cally Post Office and General Store, is on the middle of three levels with the entrance on the north elevation at street level. The dwellinghouse has a separate entrance on the north elevation and the living accommodation is over three levels of the building. An internal door links the Post Office and the dwellinghouse. 3 The Post Office and General Store are to close, and permission is sought to change the use of this floorspace to provide additional living accommodation for the dwellinghouse. 4 The external alterations proposed are minor and involve replacing the entrance door to the Post Office with a window on the north elevation. The internal alterations do not require planning permission. 5(2)(iv) Page 205 of 216
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5 The application site is in Bridge of Cally on the west side of the Old Military Road (A93) and the Bridge of Cally Bridge at its junction with the A924. Site History 6 No relevant site history. Pre-Application Consultation 7 None required as the proposed development is not classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. DEVELOPMENT PLAN 8 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 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. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 10 The assessment of this application has considered the following policies of NPF4: Policy 4: Natural Places Policy 14: Design, Quality and Place Policy 16: Quality Homes Perth and Kinross Local Development Plan 2019 11 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. 12 The principal relevant policies are, in summary: Policy 1A: Placemaking Policy 1B: Placemaking Policy 17: Residential Areas Policy 47: River Tay Catchment Area Page 206 of 216
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Statutory Supplementary Guidance 13 Supplementary Guidance - Placemaking (adopted in 2020) PKC Non-Statutory Guidance 14 Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC National Guidance 15 The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 16 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: PAN 51 Planning, Environmental Protection and Regulation Creating Places 2013 17 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 18 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 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. Consultations 20 As part of the planning application process the following bodies were consulted: Page 207 of 216
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External 21 Scottish Water - No objection. Internal 22 None. Representations 23 No representations were received. Additional Statements 24 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed - AA not required Design Statement or Design and Access Statement Not required Report on Impact or Potential Impact e.g. Flood Risk Assessment Not required Appraisal 25 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 26 The application site is in the village of Bridge of Cally and is in a settlement boundary identified in LDP2. 27 The application is for the change of use of a post office and general store (Use Class 1A: Shops, Financial, Professional and Other Services) to form an extension to an existing dwellinghouse (Use Class 9: Dwellinghouse) with associated alterations. Page 208 of 216
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28 NPF4 Policy 14: Design, Quality and Place and LDP2 Policy 1: Placemaking are relevant and support well designed development that will contribute positively to the quality of the surrounding built and natural environment and is compatible with the amenity and character of the site and the surrounding area. 29 Extensions to dwellinghouses also see NPF4 Policy 16: Quality Homes paragraph g) relevant, which supports proposals where they do not have a detrimental impact on the character or environmental quality of the home and the surrounding area. This in terms of size, design and materials; and where they do not have a detrimental effect on the neighbouring properties. 30 The property is within the settlement boundary and and LDP2 Policy 17: Residential Areas states “Changes away from ancillary uses such as employment land, local shops and community facilities, for example pubs and restaurants will be resisted unless there is demonstrable market evidence that the existing use is no longer viable as a commercial venture or community-run enterprise.” 31 Policy 17 also states that “Generally, encouragement will be given to proposals which fall into one or more of the following categories of development and which are compatible with the amenity and character of the area: (a) Infill residential development at a density which represents the most efficient use of the site while respecting its environs. (b) Improvements to shopping facilities where it can be shown that they would serve local needs of the area. (c) Proposals which will improve the character and environment of the area or village. (d) Business, homeworking, tourism or leisure activities. (e) Proposals for improvements to community and educational facilities.” 32 These policies are considered in more detail below. 33 The property is also located on the north bank of the River Ericht, part of River Tay Special Area of Conservation and within the River Tay Catchment Area identified in LDP2. NPF4 Policy 4 and LDP2 Policy 47 are therefore relevant. However, given the small-scale nature of the proposal the nature conservation interests of the Special Area of Conservation are not considered likelt to be affected. Change of Use 34 The Post Office is on the ground floor of the building and an internal door links the Post Office and the dwellinghouse (Drawing 06). 35 In respect of LDP2 Policy 17, the applicant has operated the Post Office and General Store for twenty-two years and is resident in the dwellinghouse. The Post Office are aware of the applicant’s intention to retire on 31 May 2025. As the Page 209 of 216
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Post Office and General Store are not a stand-alone building and are part of a residential property, it is difficult to seek their retention. 36 It is a matter for The Post Office to consider options for continued service provision locally. It is fully appreciated that many rural post offices have closed nationally and more face an uncertain future for a variety of reasons. 37 The nearest other Post Office is in Blairgowrie, some six miles away and accessible by public transport from Bridge of Cally. Thus, it is not considered that the proposed change of use would unacceptably affect access to post office services. 38 The proposal to integrate the floorspace which would become vacant into the residential property and the related external alterations are sensitively considered and will secure the future of the space within this visually prominent building. The proposal represents the most obvious and efficient use of the space, while respecting its environs. 39 The proposal satisfies LDP2 Policy 17. Design, Visual and Residential Amenity 40 The minor external alterations involve replacing the shop door with a window. The lower section would be built up, with a matching roughcast finish and a window of similar shape and form to the others in the building (Drawing 07). 41 The external alterations are sensitively designed and match the material finish and character of the building. Thus, there would be no adverse impact on amenity and there are no immediate neighbouring residential properties. 42 The proposal respects the amenity and character of the site and the surrounding area and satisfies NPF4 Policy 14 Design, Quality and Place and NPF4 Policy 16 Quality Homes and LDP2 Policy 1: Placemaking. Low and Zero Carbon Generating Technologies 43 LDP2 Policy 32: Embedding Low and Zero Carbon Generating Technology in New Development requires proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. This proposal is for a change of use and this requirement does not apply, as outlined in Policy 32. Developer Contributions 44 None. Page 210 of 216
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Economic Impact 45 None. Variation Of Application Under Section 32A 46 This application was not varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. Planning Obligations and Legal Agreements 47 None required. Direction by Scottish Ministers 48 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 49 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 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. This planning permission will last only for three years from the date of this decision notice, unless the development has been 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. Page 211 of 216
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Reason - To ensure the development is carried out in accordance with the approved drawings and documents. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None. Informatives 1 Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2 As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. Background Papers None. Letters of representation 0 Authors Name Designation Contact Details Claire Myles Planning Officer 01738 475300 Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 25 February 2025 Page 212 of 216
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Ü Change of use of and alterations of post office to form extension to dwellinghouse at Bridge of Cally Post Office, Bridge of Cally, Blairgowrie 24/01925/FLL Scale 1:10,000 Planning and Placemaking Committee - 12 March 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(iv) Page 213 of 216
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Ü Change of use of and alterations of post office to form extension to dwellinghouse at Bridge of Cally Post Office, Bridge of Cally, Blairgowrie 24/01925/FLL Scale 1:3,000 Planning and Placemaking Committee - 12 March 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(iv) Page 215 of 216
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