24/01961/Amm
Perth and Kinross Council · 14 May 2025
Back to Planning and Placemaking Committee — 14 May 2025 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee – 14 May 2025 Report of Handling by Development Management and Building Standards Service Manager (Report No. 25/119) Proposal: Erection of 43 dwellinghouses, landscaping and associated infrastructure (approval of matters specified in conditions of 02/01482/IPM) Location: Land to the north of A912 at Oudenarde, Bridge of Earn, Perth Ref. No: 24/01961/AMM Ward No: P9- Almond and Earn Summary This report recommends approval of a Matters Specified in Conditions (AMSC) application for the erection of 43 dwellinghouses, landscaping and associated infrastructure. This Report concludes that the proposal is consistent with the Development Plan, the existing Planning Permission in Principle (PPP) consent (Ref: 02/01482/IPM) and other relevant material planning considerations. Background and Description of Proposal 1 Planning Permission in Principle (PPP) (02/01482/OUT) was granted in September 2016 for a residential, commercial, and industrial development with associated school provision, open space, and landscaping. Several other related permissions have also been approved. These include approvals for 150 affordable houses split between two approvals in 2005 and 2008 (05/00410/FUL and 08/01458/FUL) which represent Phase 1 of the ‘Oudenarde Village’ development, to the north of the railway line and accessed via Clayton Road. Other permissions associated to roads and other infrastructure are also in place, being approved in advance of the S75 agreement for the PPP being concluded. Planning permission for part of Phase 2A for 159 dwellings(16/02156/AMM) was approved in October 2020 following a call-in by Scottish Ministers. Development has recently commenced (October 2023). As part of the call-in a Modification Order of the PPP was submitted to the Scottish Government in May 2020 and was subsequently adopted in July 2020.The Modified Order added in a condition related to the delivery of required-off-site works on the M90 slip roads and junctions. A detailed planning history is set out in the ‘Site History’ section below.
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2 The application site comprises an area of relatively level ground between the A912 to the south, the Edinburgh-Perth railway line to the north, the M90 to the west with Bridge of Earn beyond, whilst immediately east is undeveloped land that has permission for 159 dwellings (16/02156/AMM). Beyond that is undeveloped land. The A912 road has been upgraded to facilitate the development of land and includes a roundabout to provide access to areas to both its north and south. 3 Oudenarde (including the proposed site) is allocated in the Perth and Kinross Local Development Plan 2 (LDP2) 2019 (H15) for mixed use development, with an indicative residential capacity of 1,600 dwellings. 4 Planning permission for 66 bungalow style dwellinghouses, ranging from 2-3 bedroom in size, and for associated landscaping and infrastructure immediately north-west of the A912 roundabout was the second AMSC permission approve under the amended PPP. Planning application reference 21/00615/AMM refers. 5 Planning approvals 23/00144/AMM, 23/00145/AMM and 23/00146/AMM, represent ‘Phase 2a’ which relate to the same site as that previously approved under 21/00615/AMM and the overall number of dwellings remained the same. All three AMSC applications incorporated changes across the site which were deemed to be material and therefore could not benefit from a non-material variation under Section 64 of the Town and Country Planning (Scotland) Act 1997 (as amended). 6 This proposal seeks to change the house types within 23/00144/AMM, introducing 11 new house types, and take some land from 23/00145/AMM. If approved, 23/00145/AMM would see 5 dwellings less and this application, if approved, would see an increase in 14 dwellings compared to the previous approval of 29 dwellinghouses for 23/00144/AMM. Taking into consideration the loss of 5 dwellings from 23/00145/AMM and offsetting this to 24/01961/AMM there would be an overall increase of 9 dwellinghouses across the 3 sites. The principal change is the increase in density. Site History 7 The following planning history is relevant: 8 00/00573/OUT Proposed new settlement development including residential, commercial, and industrial development with associated roads, school provision, open space, and landscaping. Application Withdrawn December 2001. 9 01/01822/OUT Formation of residential commercial and industrial development with associated school provision, open space, and landscaping (in outline). Appeal on non-determination August 2002 but was withdrawn by the applicant.
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10 02/01482/IPM Formation of residential, commercial, and industrial development with associated school provision, open space, and landscaping (In Principle). Application approved by Development Management Committee September 2002. An update on the proposal with a revised Heads of Terms was presented to Development Management Committee in November 2012. The Section 75 legal agreement was concluded September 2016 and decision notice issued September 2016. A Modification Order was submitted to the Scottish Government in May 2020 and was subsequently adopted in July 2020. The Modified Order added in a condition related to the delivery of required-off-site works on the M90 slip roads and junctions. 11 05/00410/FUL Erection of 75 affordable dwellinghouses. Application approved by Development Management Committee September 2005. 12 06/01881/FUL Erection of 193 dwellinghouses with associated roads, open space, landscaping and other ancillary works. Pending decision but will be withdrawn should 16/02156/AMM be approved. 13 07/00401/FUL Construction of a Road Bridge over railway at Oudenarde. Approved under delegated powers March 2007. 14 07/01791/FUL Erection of a new primary school with community facilities including parking and access road. Approved under delegated powers August 2008. 15 08/00582/FUL Formation of roads and associated infrastructure for associated residential development (partly in retrospect). Approved under delegated powers May 2008. 16 08/00610/OUT Outline application for (a) an opportunity site for a Travel Lodge and other uses falling within classes 3, 7 and 8 and (b) a Business Park for Classes 1, 4, 5 and 6 at Brickhall Farm, Bridge of Earn. Approved by Development Management Committee February 2009. 17 08/01458/FUL Erection of 75 affordable dwellinghouses with associated road access and landscaping. Approved by Development Management Committee December 2008. 18 08/01815/MOD Modification of existing consent (08/00582/FUL) for formation of roads and associated infrastructure. Approved under delegated powers October 2008. 19 08/02298/FUL Formation of roads and associated infrastructure. Approved under delegated powers December 2008. 20 10/01411/FLL Modification of consent (08/00610/OUT) to delete conditions 11 and 12, modify planning conditions 13, 14, 15 and 16 and add conditions 2 and 3
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as per Transport Scotland consultation. Approved under delegated powers November 2010. 21 14/00268/FLL Modification to existing planning permission (08/00582/FUL) to form an additional arm on roundabout and installation of feature on roundabout. Approved under delegated powers April 2014. 22 16/02156/AMM Erection of 159 dwellinghouses with associated roads, drainage, and landscaping. Approved following a call-in by Scottish Ministers October 2020. 23 21/00615/AMM Erection of 66 dwellinghouses, 16 detached garages, landscaping and associated infrastructure (approval of matters specified in conditions 02/01482/IPM) Approved by Planning and Placemaking Committee on 20 January 2022. 24 23/00144/AMM Erection of 29 dwellinghouses, 11 detached garages, landscaping and associated infrastructure (approval of matters specified in conditions 02/01482/IPM) Approved by Planning and Placemaking Committee on 10 January 2024. 25 23/00145/AMM Erection of 20 dwellinghouses, 4 detached garages, landscaping and associated infrastructure (approval of matters specified in conditions 02/1482/IPM). Approved by Planning and Placemaking Committee on 10 January 2024. 26 23/00146/AMM Erection of 17 dwellinghouses, 7 detached garages, landscaping and associated works (approval of matters specified in conditions 02/01482/IPM) Approved by Planning and Placemaking Committee on 10 January 2024. 27 25/00039/FLL Erection of 6 dwellinghouses, landscaping and associated infrastructure (change of house type plots 36, 37, 40, 41, 49 and 50). Approved under delegated powers on 4 March 2025. Environmental Impact Assessment (EIA) 28 During the Scottish Government call-in of the Phase 2 application, the Scottish Government screened the overall site and found that an EIA was not required. This position continues to be accepted by the Council. Pre-Application Consultation 29 The proposed development is classed as a Major development under class 9 of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. However, because the proposal is a Matters Specified by Condition application related to a Planning Permission in Principle a pre- application consultation (PAC) is not required at this stage of the planning
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process. It is also important to note that the PPP was submitted long before the Act required developers to undertake any pre-application consultation. Development Plan 30 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 31 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. 32 The Council’s assessment of this application has considered 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 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 Policy 23: Health and Safety Perth and Kinross Local Development Plan 2019 33 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. 34 The principal relevant policies are, in summary; Policy 1A: Placemaking Policy 1B: Placemaking Policy 1D: Placemaking Policy 2: Design Statements
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Policy 5: Infrastructure Contributions Policy 14A: Open Space Retention and Provision: Existing Areas 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 24: Maintaining an Effective Housing Land Supply Policy 25: Housing Mix Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy Policy 41: Biodiversity Policy 42: Green Infrastructure Policy 52: New Development and Flooding Policy 53A: Water Environment and Drainage: Water Environment Policy 54: Health and Safety Consultation Zones Policy 56: Noise Pollution Policy 57: Air Quality Policy 58A: Contaminated and Unstable Land: Contaminated Land Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 35 Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) Supplementary Guidance - Placemaking (adopted in 2020) PKC Non-Statutory Guidance 36 Planning Guidance - Delivery of Development Sites Planning Guidance - Planning & Biodiversity Supplementary Guidance - Renewable & Low Carbon Energy (draft) National Guidance 37 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.
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Planning Advice Notes 38 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: PAN 1/2011 Planning and Noise PAN 40 Development Management PAN 51 Planning, Environmental Protection and Regulation 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 39 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 40 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 41 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 42 As part of the planning application process the following bodies were consulted:
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External 43 Perth and Kinross Heritage Trust: No objection, subject to condition. Advise that the site may have some archaeological potential and development will require monitoring. 44 Scottish Water: No objection as there is capacity for water and wastewater in the area. 45 Transport Scotland: No objection, subject to recommended condition regarding trigger for M90 slip road junction works which accords with the PPP (as modified). 46 Earn Community Council: No comments. Internal 47 Transportation and Development: No objection subject to conditions. 48 Community Waste Advisor: No objection. 49 Affordable Housing Enabler: No objection. 50 Development Plan: No objection following revisions to the landscaping framework, improved connectivity with the A912 and change to housing mix. 51 Community Greenspace: No objection. 52 Environmental Health (Contaminated Land): No objection as no records of contamination within proposed site. 53 Biodiversity: No objection following submission of further information. 54 Development Contributions Officer: Noted planning permission in principle 02/01482/IPM. The proposed plot remix will result in an additional nine units to the consented number. The application site is located in development parcels R21 and R22, which form part of Phases 2A and 2B of the phasing and delivery plan, alongside R1, R2, and R3 across 11.07 hectares. 55 These parcels together comprise “in the region of 352 private dwellings” in Phase 2A and 2B. As detailed consent has not been sought for all other parcels, the additional units in the proposed application can be accommodated in the remaining capacity established for this phase. There would be no requirement to revisit planning obligations. 56 Structures and Flooding: No objection.
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Representations 57 Number of representations received: 0 Additional Statements 58 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 submitted, planning statement submitted. Report on Impact or Potential Impact eg Flood Risk Assessment Drainage Assessment Ecology Report Appraisal 59 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, the terms of the PPP and matters raised in consultation responses. Principle 60 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, 55-58 of the LDP2 and Policy 14 of the NPF4), impacts on/from flooding and the water environment (Polies 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). 61 The principle of residential development is well established through the allocation of Site H15 in LDP2 (and the previous Local Development Plan). Furthermore, the PPP (02/01482/IPM) approved in 2016, and modified in July 2020, provides a permission for 25 years from the original approval date; until September 2041. A
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first phase development of 150 affordable units has already been consented to the northwest, 108 of which have been completed. A further 159 dwellings (16/02156/AMM) were consented for the south of the site in October 2020, and development has commenced. 62 More recently 66 dwellinghouses have been consented through planning approval 21/00615/AMM as revised through 23/00144/AMM, 23/00145/AMM, 23/00146/AMM and 25/00039/FLL and development has also commenced. 63 The principle of residential development is thus established. It is, however, necessary to undertake an assessment of the detail of this proposal. Phasing and Delivery 64 As advised by both Transport Scotland and PKC Transportation and Development, the current proposal, if constructed after or in tandem with the 16/02156/AMM approval, could reach or exceed the 348-dwelling trigger in Condition 6 of the modified PPP for the delivery of the M90 slip road junctions. Condition 8 recommended within this application is worded to remind the applicant of their obligation for these works to be carried out should this phase trigger the number of dwellings specified. 65 There are other infrastructure and phasing matters that are provided for within the Section 75 Legal Agreement secured as part of the PPP application. Also, in conjunction with this, the approved Phasing Plan submitted under 16/02156/AMM and to be revised through condition 2, several clauses and triggers for the approval of detailed matters were included. The current proposal requires the following to be met: 66 Clause 8.2: Structural Planting for each development parcel. This is proposed to be delivered in conjunction with this application. Clause 10.3.2: Construct and practically completion or procure the construction and practical completion of the bridge over the rail line linking it with the identified area for the primary school. It makes sense to start providing the required bridge in tandem with approval of this site incorporating 23/00145/AMM, 23/00146/AMM and 25/00039/FLL as construction activity will be in the same area. Once the bridge is complete this will in turn trigger the construction of the first phase of the required primary school (Clause 10.3.4). Clause 11: Education Contributions. The first education contribution will be required to be paid before any open market dwelling can be occupied. 67 Delivery of the bridge must be provided no later than the completion of this phase, incorporating planning applications 23/00145/AMM, 23/00146/AMM and 25/00039/FLL and will need permission in its own right plus other technical
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approvals. The bridge over the rail line will be a significant milestone for the development of Oudenarde, as it will open up the site for further development proposals, including the primary school, village centre, sports pitches etc. It will also provide the residents of the existing affordable housing development with improved and quicker access to the M90 and beyond. Design, Density, Layout and Visual Amenity 68 Through Creating Places 2013, the Scottish Government signaled the importance they attach to achieving improvements in the design and quality of new development and bringing long-term benefits to the urban and rural environment. It should be noted that good design should be the aim of everyone in the planning and development process, with it being important at all scales of development. 69 Further Designing Streets, published in 2010 by the Scottish Government suggests that streets should be designed as social spaces, being well-connected at all levels. It aims to move away from vehicle dominated road layouts in favour of streets designed for people that achieve a sense of place, producing interesting and useable street layouts. 70 In terms of site layout, permeability of places is a crucial component of good street design. Whilst internal permeability is important, any development should also be properly connected with adjacent areas. A development with poor links to the surrounding area creates an enclave which encourages movement to and from it by car rather than by other modes. In this case, this application together with planning approvals 23/00145/AMM and 23/00146/AMM, is considered to be a highly permeable and well-connected site, within the approved Oudenarde Masterplan area and also the wider locality, including Bridge of Earn. In terms of cycling and pedestrian connection, it will link up with both existing networks and future infrastructure required to be delivered by the Section 75 legal agreement. The proposal therefore accords with the National Roads Development Guide 2014, NPF4 Policy 20 – Blue and Green Infrastructure, LDP2 Policy 42 – Green Infrastructure, NPF4 Policy 13 Sustainable Transport and Policy 60 - Transport Standards and Accessibility Requirements. 71 When considering the layout of any new development, one of the most important issues to consider is creating the opportunity for natural surveillance. In this context buildings, spaces and pedestrian routes should be located to maximise natural observation from pedestrians and passing motorists. Active frontages should be encouraged wherever possible, i.e., doors leading onto the street and windows overlooking all public areas. As such, the proposed layout takes cognisance of Designing Streets and incorporates appropriate natural surveillance of all areas of space and the main pedestrian routes. The site contains shared surfaces that help achieve a sense of place and provides several linkages to ensure the site is extremely permeable for all modes of transport especially pedestrians and cyclists with existing and future path connections to Bridge of
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Earn. The proposal is in line with PAN 77 – Designing Safer Places, NPF4 Policy 14 – Design, Quality and Place and LDP2 Policy 1 – Placemaking. 72 The proposal consists of 43 dwellinghouses in a mix of two storey, single storey, detached, semi-detached and terraced. The housing mix is largely two storey units with 5 bungalows proposed at the northern edge of the site ranging from 2–5 -bedroom dwellings. The housing mix offered here together with the mix for planning approvals 23/00145/AMM, 23/00146/MM and the wider masterplan site likely to come forward provides added choice for house purchasers. It is therefore considered to comply with LDP2 Policy 25 – Housing Mix. 73 In terms of materials, an acceptable palette of materials is proposed. The Applicant proposes finishes of white drydash render, grey facing brick and base course, and smooth grey roof tiles. This will deliver a reasonably consistent design approach with Phase 1 and the first approval of Phase 2A (16/02156/AMM) and will help integrate the development into the locale. 74 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. 75 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. 76 Overall, this phase is in line with the approved masterplan, phasing plan and S75 legal agreement associated with the PPP. The proposal will provide a mix of open market housing within the overall site that complies with NPF4 Policy 14 – Design, Quality and Place, NPF4 Policy 16 – Quality Homes, LDP2 Policy 1 – Placemaking, Policy 25 – Housing Mix and Placemaking Guidance 2020. Landscape, Open Space and Recreation Provision 77 The approved PPP masterplan looks to provide a wide range of open space play area and sports pitches to meet the needs of the existing and future residents. 78 Landscape buffers are proposed to the southern boundary and western boundaries, however, it is noted that the extent of planting has been reduced when compared to that previously approved through 21/00615/AMM and 23/00144/AMM. There is no requirement to provide a play park within this phase of the development. Within the approved PPP masterplan there is a LEAP shown in Phase 2A (R1) and in Phase 5 (R16), as well as a NEAP in Phase 4. 79 Colleagues in Community Greenspace have been consulted and commented that some trees may be too close to private boundaries (depending on species)
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creating future encroachment issues, therefore, a condition will be placed on any consent insofar as an updated landscaping and tree planting plan be submitted. 80 Community Greenspace further advise that a commuted sum is required towards adoption of the play area and open greenspace. This is however covered through the existing section 75 legal agreement and as such no financial payment is required at this time. 81 It is considered that the location of proposed open space and landscape buffers are acceptable subject to condition. The proposal, therefore, complies with NPF4 Policy 21: Play Recreation, and Sport and LDP2 Policy 14 – Open Space Retention and Provision. Residential Amenity Overlooking 82 All of the residential units will maintain an acceptable level of separation which negates any potential overlooking between dwellings. Overshadowing, loss of sunlight and daylight 83 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. 84 Taking cognisance of this BRE document, the distances between new and existing properties, position of windows 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. Roads and Access 85 The Council’s Transportation and Development Team were consulted as part of this application and following the submission of further information, have no objection to offer, subject to the conditions that were attached to the previous permission being re-applied (conditions 3-10). 86 Overall, the proposal complies with NPF4 Policy 13 Sustainable Transport and LDP2 Policy 60 Transport Standards and Accessibility Requirements. Drainage and Flooding 87 The site is not located within a recorded area of flood risk. As the site topography is flat and predominantly clay, drainage details have been submitted and have
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been assessed by the Council’s Structures and Flooding Team. No objections have been raised, therefore, the proposal complies with NPF4 Policy 22 – Flood risk and water management, LDP2 Policy 52 – New Development and Flooding and Policy 53 – Water Environment and Drainage. Natural Heritage and Biodiversity 88 An updated Preliminary Ecological Appraisal Report (PEAR) April 2025 has been submitted and the Council’s Biodiversity Officer has found this to be acceptable as the methods are in accordance with published best practice and survey was undertaken at the correct time of year. 89 NPF4 Policy 3 b) iv requires major developments to provide significant biodiversity enhancements in addition to any proposed mitigation, including nature networks and linking to and strengthening habitat connectivity within and beyond the development. 90 The submitted PEAR mentions the NatureScot Developing with Nature Guidance, but it should be noted this guidance is for local developments and NPF4 Policy 3c. 91 For Major planning applications, we require conclusions from the PEAR and requirements detailed in the PKC Planning for Nature Supplementary Guidance be used to create a Site Biodiversity Action Plan. It should contain quantity, locations, techniques, timescales, and monitoring arrangements. The submission of a Biodiversity Action Plan (BAP) can be secured through condition. 92 Section 5 of the PEAR recommends provision of hedgehog highways, however, the submitted timer fence detail plan (drawing number 15) show the gaps are not large enough to allow hedgehog passage. The recommendations in the PEAR need to match up with drawings otherwise they will not be realised on site. An updated timber fence detail plan is required, however, this can be controlled by condition. Furthermore, wildlife kerbs installed adjacent to all road gullies within 500m of a SuDS Pond are required, which will be secured through condition: 93 Subject to a number of biodiversity conditions (13 to 20), the proposal complies with NPF4 Policy 3 and LDP2 Policy 41 – Biodiversity. Archaeology 94 PKHT have confirmed that, whilst they have no records, the area may contain archaeology. However, as this is an AMSC application it is not an appropriate stage of the planning process to request new archaeological investigations or conditions to be applied. However, an informative note could be added to the decision notice to make sure the developers are aware that should any archaeology be found during construction that they report it to Perth and Kinross Heritage Trust (Informative 5).
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Low and Zero Carbon Generating Technologies 95 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 green gas emissions. 96 In this instance the proposal includes ASHPs for all two storey properties, however, the 5 bungalows have been revised to remove the ASHPs and as such are unlikely to meet the 10%. The sustainability design statement submitted states that the proposed design includes 100% low energy lighting, double glazed UPVC windows and external doors with low u-values, continuous running extract ventilation, well insulated building fabric, including roof, ground floor, external wall construction and “A rated whited goods. The submitted statement further specifies that the houses have been designed to allow compliance with Section 6 of the Scottish Domestic Building Standards to reduce the overall consumption and C02 emissions. 97 Following discussion with the agent the sustainability design statement was revised to include solar PV for the 5 bungalows in order to meet the 10% requirement as set out in Policy 32. To ensure compliance, a condition (condition 21) will be added to any approval as revised drawings will be required for the relevant house types to include the solar panels. Waste 98 The Council’s Waste Services team have provided comment to ensure all properties have the required number and type of bins and that there should be adequate space within each property. Condition 3 will ensure that the road network will be able to accommodate refuse vehicles servicing the development. A recycling centre is proposed in the north-eastern corner (planning application reference 23/00146/AMM). An informative will ensure the collection of waste will address the bin requirements (Informative 16). Developer Contributions including Affordable Housing 99 The site has existing planning permission in principle PPP under 02/01482/IPM principle and an associated ‘phasing and delivery plan’. The associated S75 Legal Agreement established the developer contribution requirements and payment time scales. 100 The proposed plot remix will result in an additional nine units, however, as there are further phases to come forward there are no additional developer contribution requirements, however, if additional units result in a requirement to increase the
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overall capacity of phase 2A, a variation to the phasing and delivery plan would be required to balance all other phase capacities and revisit relevant planning obligations. 101 As part of the overall development of Oudenarde, there is a requirement to provide 300 affordable houses. Hillcrest Housing Association have permission for 150 affordable houses (planning approvals 05/00410/FUL and 08/01458/FUL), of which 108 dwellinghouses have been constructed with 42 still to be built under the 08/01458/FUL application. GS Brown has transferred further land to Hillcrest Housing Association which can accommodate a further 150 affordable houses and this will, in time, satisfy the affordable housing requirement for the overall development. However, planning permission is not yet in place for these remaining units. It is accepted that affordable housing is not therefore required within this proposed phase. Health Care 102 The site is allocated in LDP2 for 1,600 dwellings and NHST (National Health Service Trust) were formally consulted during the plan-making process. However, neither NHST nor the HSCP (Health and Social Care Partnership) provided feedback at the time of the site being allocated within LDP2. In any case, as this is an application for 43 dwellings from within the 1,600 dwelling allocation the impact on local infrastructure has been accounted for. Also, the approved PPP masterplan provides a local centre, which could include health and social care facilities (doctors and dentist) at a later phase. In the longer term it is anticipated that a new health care centre will be provided and the NHST will be consulted prior to the delivery of a new centre. 103 For the reasons discussed above, it is appropriate to consider this application within the parameters of LDP2 and the plan process. The development of the overall site should be assessed based on the requirements of LDP2 Policy 5 and the H15 Site Specific Requirements and, within the identified capacity range, it is not possible to seek developer contributions for health infrastructure. Economic Impact 104 The development of 43 dwellinghouses will provide jobs directly and indirectly during construction and afterwards will 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. Variation of Application Under Section 32A 105 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 layout, housing mix, boundary treatments and landscaping.
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Legal Agreements 106 The site has planning permission in principle (ref. 02/01482/IPM). The associated S75 legal agreement confirms the developer contribution requirement including, phasing; affordable housing provision, primary school provision and education contributions; community infrastructure provision and commuted maintenance payment. Direction by Scottish Ministers 107 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 108 Section 25 of the Act requires that determination of the proposal should be made in accordance with the provisions of the Development Plan unless material considerations indicate otherwise. The proposal seeks detailed permission for development on an allocated site. The proposal is consistent with the objectives of the Development Plan and the approved PPP and masterplan for the site. 109 Residential development at Oudenarde is a long-standing committed development site and allocated in LDP2. The site is well placed to deliver a new sustainable community, serving as a well-connected satellite settlement to Perth. This phase and the overall site will provide a significant contribution toward meeting the projected population growth of Perth and Kinross. 110 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 approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice.
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Reason: To ensure the development is carried out in accordance with the approved drawings and documents. Phasing 2. Prior to the commencement of development a revised detailed phasing strategy (supported by appropriate plans) shall be submitted to and approved in writing by the Council as Planning Authority. The phasing strategy shall include the following details: (i) The timing and number of dwellings to be developed in each phase; (ii) The timing and delivery of infrastructure, open space and landscaping; (iii) The timing and location of any temporary construction compound. Once approved, the development shall proceed in accordance with the approved delivery phasing strategy to the satisfaction of the Council as Planning Authority. Reason: In order to ensure the satisfactory implementation and completion of the development. Roads and Transport 3. Prior to the occupation of any dwellinghouse, all matters regarding access, car parking, 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 Development Plan. 4. Prior to the occupation of the 10th dwellinghouse hereby approved, all footpaths and cycleways shall be finished in accordance with the details, as agreed in drawing number 30, and shall thereafter be maintained for the life of development. Reason: In the interest of pedestrian and cycle safety. 5. Prior to the occupation of the first dwellinghouse hereby approved, the developer shall provide and install on appropriate hard stand asphalt areas, within the existing lay-bys on the A912 (east of the roundabout entrance junction) two 3 Bay enclosed bus shelters (Cairngorm style) supplied and installed with passenger information board, LED spotlights (one per bay), a 28in Ultra-Wide Display Screen for Real Time Passenger Information installed on the approach side of the shelter and a 24/7 electrical power supply to a Haldo pillar adjacent to the shelter to provide power for the LED lighting and Real Time Passenger Information display. The design, siting and specification shall be agreed in writing with the Council as Planning Authority, in consultation with Perth & Kinross Council’s Public Transport Unit, prior to works commencing. In the event
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that it is not possible to install at this location, an alternative shall be agreed in writing with the Planning Authority. Reason: In the interest of sustainable travel. 6. Prior to commencement of any development on site, the street lighting design must be submitted for the further written agreement of the Council as Planning Authority, in consultation with Perth & Kinross Council's Street Lighting Partnership for the public road network. The scheme shall include details of light spill, brightness of the lighting and the proposed hours of operation for both the public road network and the private areas, and timescales for delivery. The agreed lighting scheme shall be implemented as part of the site development and maintained in full accordance with the agreed scheme. Reason: In the interests of road safety and to ensure suitable lighting. 7. 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; (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;
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(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 interests of road safety 8. No more than 348 residential dwellings at Oudenarde shall be constructed prior to the completion of modifications to the existing M90 / A912 priority-controlled interchange, generally as illustrated on TA Millard Drawing No. 3167/03/418 and 3167/03/419, unless otherwise agreed in writing with the Planning Authority, following consultation with Transport Scotland. The number of residential dwellings covered by this application, together with the number of residential dwellings previously approved in terms of consent reference 05/00410/ FUL (75 dwellings), 08/01458/FUL (75 dwellings) and 16/02156/AMM (159 dwellings) and constructed, shall not exceed that aforementioned 348 residential dwellings threshold applying in terms of this aforementioned Modified IPM Decision. Reason: To ensure provision of adequate road infrastructure improvement works, in the interest of pedestrian and road safety. 9. Development shall not commence until a detailed Travel Plan (TP), aimed at encouraging more sustainable means of travel, has been submitted to and agreed in writing by the Council as Planning Authority. The TP will have particular 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), any phasing, the system of management, monitoring, review, reporting and the duration of the Plan. The TP as agreed shall be fully implemented. Reason: To promote sustainable transport options and to meet advice within National Planning Framework on transport. 10. No obstruction of any kind shall be placed, including fencing or vegetation, within adoptable service strips, for the life of the development. Reason: In the interests of the ability to maintain services. Landscape 11. Prior to the commencement of the development hereby approved, an updated detailed landscaping and planting scheme together with a tree planting plan for
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the site 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. 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 in line with the agreed specification. Reason: In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality and in pursuance of suitably satisfying placemaking policy criteria of the adopted Development Plan. 12. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar sizes and species. Reason: In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality and in pursuance of suitably satisfying placemaking policy criteria of the adopted Development Plan. Biodiversity 13. 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), unless otherwise agreed in writing by the Planning Authority. The details of the protective fencing and its location as shown in the Tree Protection Fencing Plan, approved under planning reference 21/00615/AMM, drawing number 30, must be installed prior to the commencement of development. 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 and no fire shall be lit in the position where the flames could extend to within 5 metres of foliage, branches, or trunks. 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. No removal of hedgerows, trees or shrubs or works to or demolition of any buildings or structures that may be used by breeding birds shall take place between 1st March and 31st 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 and verified by the Council as Planning Authority.
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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). 15. Where it is intended to create semi-natural habitats, all species used in the planting proposals detailed in the approved plans shall be locally native species of local provenance unless otherwise agreed in writing with the Council as Planning Authority. Reason: In the interests of enhancing environmental quality and of biodiversity. 16. Prior to the occupation of each dwelling a hedgehog highway shall be installed in garden fences by providing access gaps of 13cm x 13cm at ground level to allow free movement of animals. 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). 17. Prior to the commencement of development all road gullies within 500m of the SUDS pond shall have Wildlife Kerbs installed adjacent to it to allow amphibians to pass safely. 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). 18. Bat and bird nesting boxes shall be installed on the relevant gable, in accordance with the approved locations, shown on drawing number 29, prior to the occupation of the relevant residential unit. 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). 19. Prior to the commencement of development the developer shall submit for the written agreement of the Council as Planning Authority a Site Biodiversity Action Plan. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development. Reason: In the interests of protecting environmental quality and of biodiversity. 20. 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
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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. Environmental Impact 21. Prior to the commencement 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 for each building: 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: To embed low and zero-carbon technologies within the development in the interest of environmental sustainability. 22 Prior to the commencement of development of each phase a Construction Environmental Management Plan (CEMP) must be submitted for the approval of the Planning Authority. The measures outlined in the agreed CEMP shall be adhered to at all times during the construction period. Reason: In the interests of protecting environmental quality and of biodiversity. 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. Applicants are advised that the development granted under this Approval of Matters Specified in Conditions must be commenced not later than 25 years from
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the date on which Planning Permission in Principle (02/01482/IPM) was granted which was in this case 8th September 2016. 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. 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. 5. The developer is advised to contact Perth and Kinross Heritage Trust (tel 01738 477027), to discuss terms of reference for work required. 6. 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 Environmental Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 7. 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. 8. 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.
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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. No work shall be commenced until an application for building warrant has been submitted and approved. 11. 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 02/01482/IPM. This permission continues to be tied by this legal agreement and the associated requirements will continue to apply. A copy is available to view on the Council’s Public Access portal. 12. 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(or four months in the case of a major application) to consider the information. You should therefore submit the required information more than two months (or four months) before your permission expires. We cannot guarantee that submissions made within two months (or four months) of the expiry date of your permission will be able to be dealt with before your permission lapses. 13. 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. 14. The applicant is reminded to discuss with the Council's Transport Unit the supply of a bus service and public transport infrastructure to ensure an adequate public transport provision for the site. 15. The applicant is advised that technical approval will be required for all street lighting apparatus within adoptable areas, including the access road onto the A912, and should contact the Street Lighting Partnership to obtain technical approval prior to the submission of a Road Construction Consent application. 16. Refuse collection vehicle will only enter the site during development where there is clear access, adequate turning and a suitable road surface with no raised ironworks. This means that Waste Services may not be able to provide a full
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kerbside recycling service to residents whilst the build is ongoing and bins may have to be emptied from a collection point, specified by the area Community Waste Adviser, until full access is made available for refuse collection vehicles. The developer must contact the Community Waste Team to discuss bin collection as the site progresses. 17. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow for the collection of waste. 18. 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 19. 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 sever for non-compliance. 20. 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 layout, housing mix, boundary treatments and landscaping. Background Papers Letters of representation 0 Authors Name Designation Contact Details Gillian Peebles Planning Officer 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 30 April 2025