Minute of meeting of 16 April 2025
Perth and Kinross Council · 14 May 2025
Back to Planning and Placemaking Committee — 14 May 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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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 16 April 2025 at 9.30am. Present: Councillors I Massie, G Stewart, K Allan, B Brawn, K Harvey, I James, D Illingworth, Bailie C McLaren, R Watters and Bailie M Williamson. In Attendance: L MacLean, L Reid, K Smith, and P Williamson (all Economy, Development and Planning); A Brown, C Elliott, M Pasternak and R Ramsay (all Legal and Governance). Apologies: Councillor D Cuthbert. 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 The were no Declarations of Interest made in terms of the Councillors Code of Conduct. 3. Minutes The minute of meeting of the Planning and Placemaking Committee of 12 March 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. 24/01128/FLL 5(2)(i) 24/01539/FLL 5(2)(ii) 24/01642/FLL 5(2)(iii) 5. Applications For Determination (1) Major Application (i) 24/01894/FLM - S42 Application to vary conditions 1 (in accordance with plans), 10 (water) and 12 (archaeology) of permission 22/00746/FLM, land 60 metres north of Abernethy Cemetery, Newburgh Road, Abernethy (Report No. 25/79)
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DRAFT Resolved: Grant, subject to the following terms, conditions (including amended Condition 1) and informatives: Conditions General 1. The development hereby approved must be carried out in accordance with the drawing and documents set out in this decision notice, unless otherwise provided for by other conditions imposed by this decision notice. Reason - To ensure the development is carried out in accordance with the approved drawings and documents. Noise 2. All hereby approved 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. 3. 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 Condition 2. 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 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 within 28 days of the assessment. The mitigation scheme shall thereafter be implemented in accordance with the approved scheme and timescales. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. Lighting 4. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of residential property and that light spillage beyond the boundaries of the site is minimised. In association, the operation of the lighting shall be controlled so as to only be triggered by motion within the security fenced boundaries of the site. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality.
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DRAFT Roads and Transportation. 5. Prior to the commencement of works associated to the hereby approved development, a Construction Traffic Management Scheme (TMS) shall be submitted for the written approval of the Planning Authority, such TMS shall include details of 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) 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 all to the satisfaction of the Council as Planning Authority. Reason - In the interests of road safety.
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DRAFT 6. Prior to the commencement of works associated to the hereby approved development, the details of any abnormal load movements required, including any accommodation measures necessary, shall be submitted to and agreed in writing by the Planning Authority, in consultation with Transport Scotland and the Councils Transport Planning team. Any request for approval shall be submitted at least two months prior to the proposed load movement. Reason - To ensure that the transportation of abnormal loads will not have any detrimental effect on the local or trunk road network. 7. Prior to the commencement of works associated to the hereby approved development, any additional signing or temporary traffic control measures deemed necessary due to the size or length of loads being delivered to the development hereby approved must be undertaken by a recognised Quality Assured Traffic Management Consultant. The details of any temporary traffic control measures shall be submitted to and agreed in writing by the Planning Authority, in consultation with Transport Scotland and the Councils Transport Planning team. Any request for such approval shall be submitted at least two months prior to the proposed temporary control measures being implemented. Reason - To ensure that the transportation of abnormal loads will not have any detrimental effect on the trunk road network. External Finishing Colour 8. Prior to the commencement of works associated to the hereby approved development, details of the recessive colour of the proposed external finishing materials to be used for the hereby approved development components (i.e., battery storage containers, transformers, DNO Switchgear, perimeter fencing etc.) 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. Biodiversity 9. Prior to the commencement of works associated to the hereby approved development, a detailed landscaping and planting scheme for the site shall be submitted to and approved in writing by the 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. The scheme
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DRAFT 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 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. Soil Management 10. All soils excavated in the course of the development hereby approved shall be retained onsite and repurposed unless otherwise approved in writing by the Council as Planning Authority. Prior to the development hereby approved commencing, a Soil Management Statement shall be submitted to the Planning Authority for approval in writing. This Statement shall set out the extent of any excavation works to be undertaken and how soils shall be reused and or managed onsite. All excavation and repurposing of soil shall then proceed in accordance with the agreed statement. Reason - In the interests of appropriately managing prime quality soils and minimising the long-term impacts of developing the site in accordance with Policy 51 of the LDP2. Facility Lifespan 11. In the event the hereby approved development fails to store electricity on a commercial basis for a continuous period of 12 months, and or at the end of life for the development (50 years from the commencement of electricity storage) it shall be deemed to have permanently ceased to be required. In either event the development shall be decommissioned, and the relevant parts of the site reinstated 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, and to protect the character of the countryside, the visual amenity of the area and nature conservation interests. 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. This planning permission will last only for three years from the date of this decision notice, unless the
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DRAFT development has been started within that period (see Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 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. 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. 4. An application for Building Warrant may be required. 5. 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. 6. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended, it is an offence to remove, damage or destroy the nest of any wild birds while that nest is in use or being built. Planning consent 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 license may be required from Scottish Natural Heritage to disturb a protected species. Failure to obtain a license may constitute a criminal act under the Habitats Regulations and penalties are severe for non-compliance. 8. 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. According to 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. 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
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DRAFT 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. 10. The developer is advised to contact Perth & Kinross Heritage Trust should any unrecorded archaeology be found during construction works. 11. 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. 12. The applicant shall ensure the private water supply for the 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 consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above Act and Regulations. 13. 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. (2) Local Applications (i) 24/01128/FLL - Change of use from workshop (Class 6) to gym/fitness studio (Class 11), The Workshop, Montrose Road, Auchterarder, PH3 1BZ (Report No. 25/80) Ms A Connelly, objector, addressed the committee via telephone, and answered Members questions.
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DRAFT Resolved: Grant, subject to the following terms, conditions (including amended Conditions 3 and 10) 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 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 hours of operation shall be restricted to between 06:30 to 21:00hrs Monday to Friday; 08:00 to 18:00hrs on Saturday, and 09:00 to 18:00hrs Sunday. Reason - In order to safeguard the neighbouring residential amenity in the area. 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. The mitigation measures within Section 5 of the approved Noise Impact Assessment shall be implemented to the appropriate level that is recommended, to ensure that the minimum sound insulation requirements for Building Regulations are achieved specifically (Sections 5.8 to 5.33) and (Section 5.51 to 5.53). These measures shall be implemented prior to the commencement of use, and maintained to the appropriate standard in perpetuity. Reason - In order to safeguard the neighbouring residential amenity in the area. 6. No music amplified, background or otherwise is allowed within the premises unless all the relevant and appropriate mitigation measures within in Section 5 specifically (5.34 to 5.50) and (5.51 to 5.53) of the Noise Impact Assessment (NIA), ‘The Workshop’, Montrose Road, Auchterarder, Technical Report R-10169-DR-CL dated 27 January 2025 undertaken by RMP, are implemented, once implemented a further sound propagation test must be carried out by a suitably
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DRAFT qualified noise consultant, to establish agreed sound limiter level for amplified music, as recommended in Sections 5.5 to 5.7 of the NIA. The scope and timescale submitted to and agreed in writing with the Council as Planning Authority in consultation with Environmental Health. Thereafter any agreed mitigation measures shall be implemented to ameliorate the nuisance. Reason - In order to safeguard the neighbouring residential amenity in the area. 7. Prior to the commencement of use a Noise Management Plan, shall be submitted to and agreed in writing by the Council as Planning Authority and Environmental Health. The plan shall include operational procedures and mitigation measures to control noise from amplified music, equipment / weights, and patrons. This should include Noise Management policy for patrons using gym and a complaints procedure. The details as approved shall then be implemented in full as part of the operation of the site. Reason - In order to safeguard the neighbouring residential amenity in the area. 8. All windows and doors shall remain closed during the operational hours of the gym/fitness studio. Reason - In order to safeguard the neighbouring residential amenity in the area. 9. No gym activities are to be carried out at any time within the mezzanine area of the building. Reason - In order to safeguard the neighbouring residential amenity in the area. 10. Prior to the use or occupation of the development hereby approved, all ground floor windows on the south-east elevation, and all upper floor windows of the building which overlook adjacent residential property shall be installed with translucent film and this will remain in place in perpetuity. Reason - In order to minimise any overlooking onto neighbouring properties. 11. Prior to commencement of any development on site, a detailed design for the proposed secure covered 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 - In order to encourage active travel 12. No part of the development shall be occupied until a Green Travel Plan (GTP), aimed to encourage more sustainable means of travel, has been submitted and approved in writing by the Council. The GTP will have
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DRAFT particular regard to provision for walking, cycling and public transport access to and from the site and will identify the measures to be provided, the system of management, monitoring, review, reporting and the duration of the plan. Reason- To promote sustainable transport options 13. The number of patrons (excluding staff) within the building shall be limited to 15 at any one time. Reason - In the interest of manging traffic vehicular volumes on Montrose Road. 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. 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 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. 4. Guidance on the detailed design and positioning of the cycle storage can be sought from Transport Scotland's Cycling by Design 2021. 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. (The committee took a short recess before re-convening)
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DRAFT (ii) 24/01539/FLL - Siting of container unit for use as hot food takeaway, formation of decking and outdoor seating area, The Craft Diner, Atholl Street, Dunkeld (Report No. 25/81) Ms C Claydon, objector; Mr M Stead, supporter; and Mr O Cevik, applicant, addressed the committee, and answered Members questions. Resolved: Grant, subject to the following terms, conditions (including amended Condition 12) and informatives (including additional Informative 5): Conditions 1. Planning permission is hereby granted for a temporary period until 30 April 2030. Prior to this date, all development shall be removed from the site, and the use shall cease. If the use of the site ceases prior to this date for a continuous period of 6 months, then all development shall be removed from site within a period of 2 months from the date of a formal notification by the Council as Planning Authority, and the site reinstated back to its natural state. Reason - This is a temporary planning permission. 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. Prior to the commencement of the development hereby approved, precise details of the proposed decking area, base of the container and other ancillary storage containers shall be submitted to and approved in writing by the Council as Planning Authority. The details must ensure that a) pressure on the roots is not excessive and b) suitable drainage to the ground beneath can take place. The approved details shall thereafter be implemented in full. Reason - In order to safeguard surrounding trees. 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 chart. Reason - In order to protect existing residential amenity. 5. Prior to the development hereby approved being completed or brought into use, an effective ventilation system commensurate with the nature and scale of
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DRAFT cooking to be undertaken shall be installed and operated such that cooking odours are not exhausted into or escape into any neighbouring buildings. Thereafter the system shall be maintained as per the manufacturers specifications. Reason - In order to protect existing residential amenity. 6. 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. All lighting (internal and external) must be biodiversity friendly. Reason - In order to protect existing residential amenity. 7. Prior to the commencement of the development hereby approved, precise details of the external finish of the container shall be submitted to and approved in writing by the Council as Planning Authority. Thereafter the container shall be finished in the approved colour, and the external finish thereafter maintained yearly. Reason - In order to protect the visual amenity of the area. 8. No trees shall be removed under the terms of this planning permission. Prior to the delivery of the container, all trees on site and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall take into account the requirements of BS 5837 2012: Trees in Relation to Design, Demolition and Construction, and details of the protection measures shall be submitted to and approved in writing by the Council as Planning Authority prior to the commencement of the development hereby approved. The measures shall thereafter be in place for the duration of installation phase. Reason - In order to protect existing trees from unnecessary damage during the delivery of the container. 9. Prior to the commencement of the development hereby approved, detailed drawings showing all waste and recycling facility enclosures or waste and recycling facility storage areas and associated locations for bin presentation shall be submitted to and approved in writing by the Council as Planning Authority. The details must include details of the collection provider. The approved details shall thereafter be implemented in full after commencement. Reason - In order to clarify the terms of this planning permission. 10. The onsite refuse storage area for these premises shall be operated and maintained such that detriment is not caused to the amenity of the area or any neighbouring premises.
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DRAFT Reason - In the interest of proper site management. 11. The two asserted core paths close to the site (DUNK/25 and 70) must not be obstructed during installation 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 - In order to protect public access rights. 12. Prior to the commencement of the development hereby approved, an Operational Management Plan shall be submitted to and approved in writing by the Council as Planning Authority. The Plan must include opening hours, details of means of deliveries and timing, a waste management plan, a procedure for dealing with onsite anti-social behaviour, a complaints procedure, and a review procedure. The approved plan shall be implemented in full at all times. Reason - In order to protect residential amenity 13. Prior to the installation of the container and associated development approved by this planning permission, the existing container and its associated development shall be removed and the area of that former development reinstated back to its former condition. Reason - In the interest of protecting visual amenity, and to protect the character and appearance of the Conservation Area, 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. 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. 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. 3. 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.
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DRAFT 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/. 4. 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. 5. The applicant is advised that this type of proposal requires a Street Trader's Licence under the terms of Section 39 of the Civic Government (Scotland) Act 1982 and therefore a licence application should be made to Licensing. Application forms are available at https://www.pkc.gov.uk/article/15623/Street-trading- licence. (iii) 24/01642/FLL - Change of use, alterations and extension to steading to form dwellinghouse and associated works, land 35 metres south west of Gourdiehill Farmhouse, Bankfoot, Perth, PH1 4DL (Report No. 25/82) Mrs S Walker, objector; Mr S Green, objector; and Mr J Alberdi, agent on behalf of the applicant, accompanied by Mr A Hodge, 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. 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)
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DRAFT Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 3. No development or extensions, whether or not permitted by virtue of Schedule 1, Part 1, Class 1A, 1B, 1D, 3A, 3AA, 3D and 3E; of the Town and Country Planning (General Permitted Development)(Scotland) Order, 1992 or any Order revoking and re-enacting that Order, shall be erected within the curtilage of the dwellinghouse hereby approved. Reason - In the interests of visual amenity and to ensure the Planning Authority retains control over future development on the site given its relatively exposed nature. 4. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document 23 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. 5. Prior to the commencement of the development hereby approved, a detailed landscaping and planting scheme for the site shall be submitted for the further 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, species, height, size and density of trees and shrubs to be planted plus numbers, locations and specifications of bird boxes, bat boxes and insect boxes. 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 to the satisfaction of the Council as Planning Authority. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. 6. An updated bat survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the bat 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 protecting environmental quality and of biodiversity.
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DRAFT 7. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, four bird nesting boxes suitable for swallows shall be provided on the completed building. 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. 8. Development shall not commence on site until an evaluation for the potential of the site to be affected by contamination by a previous use has been undertaken and, as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been submitted for consideration and accepted by the Council as Planning Authority. If the preliminary risk assessment identifies the need for further assessment, an intrusive investigation shall be undertaken to identify; I. the nature, extent and type(s) of contamination on the site II. measures to treat/remove contamination to ensure the site is fit for the use proposed III. measures to deal with contamination during construction works IV. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason - In order to deal with any potential contamination of the site as a result of its former use. 9. Prior to the development hereby approved being completed or brought into use, the vehicular access shall be formed in accordance with Perth and Kinross Council's Road Development Guide Type C, Figure 5.7 access detail, of Type B Road Construction Detail. The Type B Road Construction Detail shall continue into the entrance of the development for a minimum distance of 6 metres from the edge of the public road network. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 10. The core path (AGVN/120) which forms part of the access track to the site must not be obstructed during building works or on completion. Any damage done to the core path and associated signage during building
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DRAFT works shall be made good before occupation of the dwellinghouse. Reason - In the interests of public access along the core path. 11. 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 the new development has an adequate and consistently wholesome supply of water and to maintain water quality and supply in the interests of residential amenity and ensure the private water supply or septic drainage systems of neighbours of the development remain accessible for future maintenance. 12. Development shall not commence until the developer has secured an archaeological standing building survey, to be carried out by an independent and suitably qualified archaeological organisation. The scope of the archaeological standing building survey will be set by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust. The name of archaeological organisation retained by the developer shall be given to the Council as Planning Authority and PKHT in writing not less than fourteen days before the commencement date provided in the Notice of Initiation of Development. Copies of the resulting survey shall be deposited in the National Record of the Historic Environment and in the Perth and Kinross Historic Environment Record upon completion of the survey. Reason - To ensure an appropriate archaeological standing building survey is carried out and the resulting survey is recorded properly. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan.
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DRAFT Procedural Notes 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. 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. 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. 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
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DRAFT 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. 6. A private wastewater treatment plant and septic tank should be provided with an access for desludging. The desludging tanker should be provided with access to a working area that: - will provide a clear route for the suction hose from the tanker to the tank, and - is not more than 25m from the tank where it is not more than 4m higher than the invert level of the tank, and - is sufficient to support a vehicle axle load of 14 tonnes. 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 consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above Act and Regulations. 8. The developer is advised to contact Sophie Nicol, Historic Environment Manager (tel 01738 477027) Perth and Kinross Heritage Trust, to discuss terms of reference for work required. 9. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests (iv) 24/01736/IPL - Residential Development (in principle), land 50 metres north of Fearnach, Kirkmichael (Report No. 25/83) Resolved: Grant, subject to the following terms, conditions and informatives:
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DRAFT Conditions 1. This planning permission in principle will last only for five years from the date of this decision notice, unless the development has been started within that period. Reason - This is a Planning Permission in Principle in terms of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019) 2. The development shall not commence until the following specified matters have been the subject of a formal planning application for the approval of the Council as Planning Authority: the siting, design and external appearance of the development, the hard and soft landscaping of the site, all means of enclosure, means of access to the site, vehicle parking and turning facilities, levels, foul and surface water drainage, and details of the proposed waste and recycling provision. Reason - This is a Planning Permission in Principle in terms of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 3. Further to Condition 2 of this decision notice, a detailed ecology survey covering the site shall be undertaken and the resultant report then submitted as part of the specified matters requiring to be the subject of a further formal planning application for the approval of the Council as Planning Authority. The report shall include appropriate mitigations to protect any identified species, and measures to provide bio-diversity enhancements. Reason - In order to ensure that all ecology matters are fully considered and addressed at the appropriate stage. 4. Notwithstanding the terms of Condition 2 of this decision notice, details of a new bus boarder adjacent to the site shall be included as part of the development and precise details submitted as part of the specified matters requiring to be the subject of a further formal planning application for the approval of the Council as Planning Authority. Reason - In order to clarify the terms of this planning permission, and to ensure road and pedestrian safety is protected. 5. No trees or hedging on or adjacent to the site shall be felled without the prior written approval of the Council as Planning Authority. A tree survey (including root protection areas) shall be submitted as part of the specified matters requiring to be the subject of a further formal planning application for the approval of the Council as Planning Authority. The tree survey must be carried out by a qualified and independent arborist indicating the type, age, condition, location and accurate canopy spread of all the trees on and affected by the site and including a
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DRAFT tree management report with details of the tree protection measures to be employed during construction in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Reason - In order to clarify the terms of this planning permission, and protect the existing trees from unnecessary damage/removals. 6. The development shall be in accordance with the requirements of Perth & Kinross Council’s Developer Contributions and Affordable Housing Supplementary Guidance 2023 in line with Policy 5: Infrastructure Contributions of the Perth & Kinross Local Development Plan 2 (2019) with particular regard to primary education infrastructure, or such subsequent Guidance and Policy which may replace these. Reason - To ensure the development is in accordance with the terms of the Perth and Kinross Local Development Plan 2 (2019) and to comply with the Council’s policy on Developer Contributions and Affordable Housing Supplementary Guidance 2023. 7. The development shall be in accordance with the requirements of Perth & Kinross Council’s Developer Contributions and Affordable Housing Supplementary Guidance 2023 in line with Policy 20: Affordable Housing of the Perth & Kinross Local Development Plan 2 (2019), or such subsequent Guidance and Policy which may replace these. Reason - To ensure the development is in accordance with the terms of the Perth and Kinross Local Development Plan 2 (2019) and to comply with the Council’s policy on Developer Contributions and Affordable Housing Supplementary Guidance 2020. 8. Notwithstanding the terms of Condition 2 of this decision notice, any second level of accommodation must be included within the roofspace. Reason - In order to clarify the terms of this planning permission, and to ensure the development protects the visual amenity of the surrounding area. 9. Notwithstanding the terms of Condition 2 of this decision notice, a Design Statement shall be submitted as part of the details submitted as part of the specified matters requiring to be the subject of a further formal planning application for the approval of the Council as Planning Authority. Reason - In order to clarify the terms of this planning permission, and to ensure the visual amenity and character of the area is protected. 10. Notwithstanding the terms of Condition 2 of this decision notice, a statement which demonstrates that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation
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DRAFT and operation of low and zero-carbon generating technologies shall be submitted as part of the specified matters requiring to be the subject of a further formal planning application for the approval of the Council as Planning Authority. Reason - In order to comply with Policy 32 of the adopted Perth and Kinross Local Development Plan 2 (2019). 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. The applicant (or any other person(s) taking this permission on should be fully aware that this Planning Permission in Principle may be invalidated by the felling of trees which are required to be retained, if carried out prior to gaining approval of all matters specified in conditions. 2. A review of the proposed development site did not raise any real concerns, although historical mapping indicates that the proposed development is within the immediate vicinity of a former underground tank(s) which may have resulted in contamination in the vicinity of the site. Should any contamination be found during the approved works, all construction activities should cease, and the Land Quality team should be contacted on contaminatedland@pkc.gov.uk for further advice. 3. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests 6. Proposal of Application Notices (PoAN) (i) 25/00001/PAN - Residential Development (allocated site H341), land 90 metres east of Westfields of Rattray, Balmoral Road, Rattray, Blairgowrie, PH10 7HY (Report No. 25/84) Bailie C McLaren requested due consideration be given to community availability of building space for community use for groups to meet in as part of ‘Building Our Stronger Communities’. Councillor B Brawn requested due consideration be given to the junction at Balmoral Road, the access of pedestrians into Rattray itself, and the amount of parking spaces within the development. The contents of the Report by the Development Management and Building Standards Service Manager, were noted.
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DRAFT (ii) 25/00002/PAN - Change of use of holiday cottages to allow holiday use or residential use as staff accommodation for employees of Taymouth Castle Estate, Moness House Hotel and Country Club, Aberfeldy, PH15 2DY (Report No. 25/85) Bailie M Williamson requested due consideration be given to developer contributions and possible access to the site from the rear entrance which is currently closed off. The contents of the Report by the Development Management and Building Standards Service Manager, were noted. (iii) 25/00003/PAN - Erection of poultry facility, managers accommodation, staff welfare facility, office, storage buildings, security fencing, formation of vehicular access, SUDS, landscaping and associated works, land at Newbigging Farm, Kinclaven (Report No. 25/86) Bailie M Williamson requested due consideration be given to the environmental impact of the storage and disposal of poultry manure and comments from SEPA. The contents of the Report by the Development Management and Building Standards Service Manager, were noted. (iv) 25/00004/PAN - Installation of a 49.9MW solar farm comprising ground mounted solar arrays, inverters, substation, ancillary buildings, fencing, CCTV cameras, vehicular access tracks and associated works, West Pitnacree, Alyth, Blairgowrie, PH11 8JF (Report No. 25/87) Councillor I James requested due consideration be given to the size of the site and whether this is good use of the land. Bailie M Williamson requested due consideration be given to community benefit and whether there will be a community benefit fund associated with the development. The contents of the Report by the Development Management and Building Standards Service Manager, were noted.