24/01758/Fll
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. 25/121) Proposal: Erection of 6 dwellinghouses, landscaping and associated infrastructure (Phase 2A) Location: Land 90 metres North-west of Castlemains Farm Steading, Auchterarder, PH3 1DX Ref. No: 24/01758/FLL Ward No: P7- Strathallan Summary This report recommends approval of the application for the erection of six dwellinghouses and associated infrastructure, within a wider development forming part of an allocated housing site. The proposal is consistent with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh this conclusion. Background and Description of Proposal 1 The site is situated on the northern edge of Auchterarder, beyond the Community School to the south. It forms part of a wider identified extension of Auchterarder known as Castlemains and is covered under the Auchterarder Expansion Development Framework. The proposed development area overlaps the red site boundary of the wider expansion area PPP. 2 Immediately to the east of the site is Castlemains Farm Steading with the Category C listed Castlemains Farmhouse including castellated building (Auchterarder Castle) (Listed Building ref: 52514), located beyond. To the south is part of the previously developed residential extension with a further detailed proposal (ref: 24/01757/AMM) located to the west. To the north of the site is currently open agricultural land part of which is included within the S.75 for the wider site for the provision of sports facilities. 3 The proposal is for six 4-bedroom detached dwellinghouses and an associated SuDS basin and pumping station on a small section to the north. All of the
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dwellings will have access to a private external amenity area and be finished with white or pale render, with neutral coloured masonry and roof tiles. 4 As mentioned above, a separate application from the same applicant for a residential development has been received for the site immediately to the west. Two applications have had to be submitted separately due to part of this smaller proposal sitting outwith the red site boundary of the PPP for the wider site. As a result, procedurally it cannot be assessed as an AMSC and has been submitted as a full local application. However, there are a number of matters including affordable housing, SuDS and visitor parking that require the two applications to be considered together. The specific nature of each of these matters is considered within the relevant sections below. Site History 5 08/01133/IPM was approved on 31 October 2013 for a proposed Residential and Class 4 (Business), Class 5 (General Industry) & Class 6 (storage and distribution) development (in principle) 6 08/01591/FUL Full Planning Permission was Approved On 17 October 2008 for Formation of roads and associated infrastructure 7 16/01809/IPM was Approved On 3 August 2018 for Deletion of condition 14 (to seek waste advice) of permission 08/01133/IPM (residential, business, general industry and storage and distribution development (in principle)) 8 16/02241/FLL Full Planning Permission was Approved On 7 June 2017 for Erection of 31no dwellinghouses 9 17/00009/PAN On 29 November 2017 for Erection of residential development formation of open space, landscaping and associated infrastructure works 10 18/00274/SCRN On 5 March 2018 for Phase 2 residential development 11 18/01591/AMM was Approved On 17 January 2019 for Erection of 116 dwellinghouses, formation of vehicular accesses, open spaces and associated works (approval of matters specified in conditions 16/01809/IPM) (Phase 2) 12 18/01592/AMM was Approved On 24 January 2019 for Erection of 12 dwellinghouses, landscaping and associated works (approval of matters specified by conditions 16/01809/IPM) (Phase 3A) 13 19/00907/AMM was Approved On 23 October 2019 for Formation of neighbourhood equipped area for play (NEAP) (approval of matters specified in conditions of 16/01809/IPM) Phase 3B 14 20/01513/AMM was Approved On 15 December 2020 for Erection of 29 dwellinghouses, 5 garages and associated works (revised design and change of
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house type for plots 27-30, 36, 43, 82, 89, 107, 109, 120, 121-129, 130-137 and 139) 15 24/01757/AMM Approval of Matters submitted on 12 December 2024 for the erection of 38 dwellinghouses and 4 flats and associated works (approval of matters specified in conditions of 16/01809/IPM Phase 2a). Pre-Application Consultation 16 The proposed development is not classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was not required to undertake any formal pre- application consultation with the local community. Development Plan 17 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 18 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve people’s lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 19 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 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 22: Flood Risk and Water Management Perth and Kinross Local Development Plan 2019 20 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.
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21 The principal relevant policies are, in summary; Policy 1A: Placemaking Policy 1B: Placemaking Policy 1C: Placemaking Policy 1D: Placemaking Policy 2: Design Statements Policy 5: Infrastructure Contributions Policy 6: Settlement Boundaries Policy 14B: Open Space Retention and Provision: Open Space within New Developments Policy 17: Residential Areas Policy 20: Affordable Housing Policy 23: Delivery of Development Sites Policy 25: Housing Mix Policy 26B: Scheduled Monuments and Archaeology: Archaeology Policy 27A: Listed Buildings Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development Policy 41: Biodiversity Policy 52: New Development and Flooding Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 53E: Water Environment and Drainage: Water Supply Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 22 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 23 Planning Guidance - Delivery of Development Sites Planning Guidance - Planning & Biodiversity National Guidance 24 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 25 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: PAN 61 Planning and Sustainable Urban Drainage Systems PAN 68 Design Statements PAN 69 Planning and Building standards Advice on Flooding PAN 75 Planning for Transport Creating Places 2013 26 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 27 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 28 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 29 As part of the planning application process the following bodies were consulted: Internal 30 Structures and Flooding: Initially requested further information on SuDS maintenance and adoption which has been provided. No objections. 31 Transportation and Development: Initially requested further information on visitor parking. The applicant has confirmed that the visitor parking will be provided on the adjacent site to the west as part of application 24/01757/AMM. No objections, subject to a condition requiring a Construction Traffic Management Plan.
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32 Contaminated Land: No objection. A site investigation was carried out in 2008 which covered the wider development site and includes the area outlined in this application. The site investigation did not identify any risks of contamination to any subsequent residential developments. 33 Development Contributions: The site is located within the Auchterarder Expansion Development Framework area. A Section 75 Agreement is in place, covering the planning obligations for the PPP area. 34 Waste: There is considered to be adequate waste provision proposed to accommodate the requirements of the development. Waste Services has offered no objections and have requested an informative relating to site access for refuse collection during construction. External 35 Scottish Water: No objections. There is sufficient capacity for a foul only connection in the Auchterarder Waste Water Treatment works to service the development. It is recommended that a Pre-Development Enquiry Form is submitted to confirm whether there is sufficient capacity within the Turret Water Treatment Works to service the development. 36 Perth & Kinross Heritage Trust (PKHT): Considering the archaeological and historic evidence and the moderate potential for remains associated with the defence/ enclosure of the castle it is recommended that a programme of archaeological works is undertaken to assess the presence / absence of archaeological remains within all areas to be impacted. Representations 37 19 representations were received. The main issues raised within the representations are: Increased traffic and road safety Construction traffic Visual amenity impacts Impact on public footpath Previous obligations for A9 junction and playing fields have not been provided Impact on local services Loss of open space Noise pollution Over intensive development Loss of view Loss of privacy Neglect of adjacent listed building 38 These issues are addressed in the Appraisal section of the report.
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Additional Statements 39 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report not required Appropriate Assessment under Habitats Regulations AA not required Design Statement or Design and Access Statement submitted Report on Impact or Potential Impact eg Flood Risk Assessment Sustainability checklist Surface Water Management Plan Appraisal 40 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. 41 In addition, section 14(2) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such an application as this to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Principle 42 The proposal is located on the edge of the area of the PPP (16/01809/IPM) approved for the northern expansion of Auchterarder and identified as Castlemains. However, a section of the site to the East and the area to the North where the SuDS and pumping station are proposed are located outwith the red line boundary of the PPP and the wider allocation. 43 The site is also broadly located within the Auchterarder Settlement Boundary identified in LDP2. LDP2 Policy 17: Residential Areas advises that encouragement will be given to proposals within Settlement Boundaries that fall within a number of set categories and which are compatible with the amenity and character of the area. The first category refers to ‘infill residential development at a density which represents the most efficient use of the site while respecting its environs’. The development is commensurate with the ongoing development to the south and west, utilising the same, or substantially similar, house types and density. NPF4 promotes compact urban growth by making better use of brownfield sites to sustain public transport and support local living and 20-minute neighbourhoods.
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44 The site area containing the SuDS and pumping station is outside the Settlement Boundary. LDP2 Policy 6 states that built development should be contained within the settlement boundary where one exists. There are a limited number of exceptions to this including where the proposal is justifiable on the basis of a specific operational or locational need. Specific operational and locational need can include essential infrastructure for which the SuDs and pumping station both meet the criteria. 45 Overall, the proposal is considered to satisfy the requirements of the development plan and is acceptable in principle subject to compliance with other relevant policies. These matters are considered in detail below. Design and Layout 46 Policy 14: Design, Quality and Place, Policy 15: Local Living and 20 Minute Neighbourhoods and Policy 16: Quality Homes of NPF4 are relevant as are LDP2 Policy 1: Placemaking, Policy 14B: Open Space within New Developments, Policy 17: Residential Areas and Policy 25: Housing Mix. 47 The proposed layout is broadly reflective of and dictated by the site masterplan, the development that has previously been completed on site and the adjacent proposed phase. The design of the dwellinghouses is consistent with the remainder of the development and will not appear out of place on the street scene. The proposals are of an appropriate massing and scale and will be built using the same materials as the adjacent development phases. 48 The heights of the proposed units reflect heights within the prevailing residential context, both in terms of the existing and proposed residential areas. Proposed site levels have been assessed and are considered satisfactory. 49 LDP2 Policy 25: Housing Mix requires 10% of homes to have two bedrooms or less. In isolation the proposed development of six four-bedroom homes does not meet this requirement. However, neighbouring proposal 24/01757/AMM will provide 42 homes, of which eight will have two-bedrooms. Therefore, when considered together, the provision of eight two-bedroom units over a total of 48 dwellings exceeds the requirement of the policy. 50 Overall, the proposed layout, design, heights, and materials are considered to appropriately reflect the surrounding character and amenity of the area, in compliance with the Council’s placemaking policies. The proposals therefore are considered to accord with the terms NPF4 and LDP2. Residential Amenity 51 Some objections raise concerns on the potential impact on their residential amenity as a result of the location of some of the new properties in relation to their properties’ boundary. It is considered that through separation distances in excess of 18m and angling of windows away from adjacent properties, there will not be
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any significant detrimental impact on existing residential amenity. Similarly, the layout within the site as well as the scale and height of the proposed dwellinghouses will ensure that appropriate levels of both daylight and sunlight will be afforded to both existing and proposed properties. 52 As is standard for residential expansions of this nature, a CEMP will be required for the construction phase to protect residential amenity in terms of working hours, noise, dust, construction traffic and light pollution (Condition 5). Roads and Access 53 NPF4 Policy 13: Sustainable Transport seeks to encourage developments that prioritise sustainable travel while LDP2 Policy 60 Transport Standards and Accessibility Requirements requires consideration of transport and accessibility. 54 Transportation and Development had initially queried the lack of visitor parking. However, due to the constrained nature of this small site, the visitor parking will be provided on 24/01757/AMM in a location near the site boundary. In total, 11 visitor parking spaces will be provided in small on-street clusters and in parking courts to serve both developments. The provision of resident and visitor parking is considered acceptable. 55 Some objectors to the proposal have referred to the existing path that runs east- west between the proposed dwellinghouses and the SuDS and pumping station as a ‘core path’. However, this route is not a designated core path at this location and is not afforded the associated legal protection of a core path. Nevertheless, the path is evidently a well-used route by local people and, once implemented, the proposal will provide connections to the path and will not impact its use as right of way for the public. 56 Overall, the proposals are acceptable subject to a condition for a Construction Traffic Management Plan (Condition 3). Drainage and Flooding 57 NPF4 Policy 22: Flood risk and water management advises that development will not be supported if it is located in a flood risk area or will be at risk of flooding. The site is not in an area of flood risk. 58 The surface water flows from plots 634-638 and associated roads will discharge into a new surface water sewer and the SuDS detention basin proposed as part of the development. The surface water flows from plot 648 will discharge into the existing surface water sewers and SuDS detention basin delivered as part of the previous development phase to the south. Flooding and Structures had initially sought further information on the future maintenance and adoption proposals for the SuDs. This information has subsequently been provided and the proposal is considered to be satisfactory.
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59 Overall, the proposal complies with NPF4 Policy 22: Flood Risk and Water Management and LDP2 Policy 52: New Development and Flooding and Policy 53: Water Environment and Drainage. Conservation Considerations 60 The site is immediately to the west of Castlemains Farm Steading with the Category C listed Castlemains Farmhouse including castellated building (Auchterarder Castle) located to the east (Listed Building ref: 52514). 61 The recent development within the vicinity of the listed building has affected its setting and this is noted by HES in the setting section of the listed building description ‘The farmland surrounding the farmhouse is currently being developed as a large housing estate (2019). The loss of the farmhouse gardens and former agricultural land lessens the interest of the setting of the farmhouse and the castellated building (Auchterarder Castle).’ 62 The proposed development is set back from the listed building and is visually and physically separated from it by the unlisted Castlemains Farm Steading. The proposal is therefore not considered to detrimentally impact on the special interest of the listed building or its setting. 63 Perth and Kinross Heritage Trust has been consulted on the proposal and has advised that there is moderate potential for evidence of archaeological and historic remains associated with the defence / enclosure of the castle. Therefore, it is recommended that a programme of archaeological works is undertaken to assess the presence / absence of archaeological remains (Condition 4) Natural Heritage and Biodiversity 64 In relation to natural heritage and biodiversity, NPF4 Policies 1: Tackling the Climate and Nature Crisis, 2: Climate Mitigation and Adaptation 3: Biodiversity and 20: Blue and Green Infrastructure, are relevant. In addition, LDP2 Policies 41 and 42 apply. 65 The site is brownfield and currently has limited biodiversity value. NPF4 requires local planning applications to include appropriate measures for biodiversity enhancement that are proportionate to the nature and scale of the development. 66 Biodiversity enhancement is proposed through tree planting and soft landscaping. Planting includes Scottish native species, fruit bearing trees and a mixed native hedge. There is scope for further biodiversity enhancement to align with PKC’s Planning for Nature: Development Management and Wildlife Guide through the provision of swallow nest cups, swift nesting bricks and wildlife kerbs. A condition is proposed to secure the implementation of additional biodiversity enhancements (Condition 6).
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Low and Zero Carbon Generating Technologies 67 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. In this instance, solar PV panels will be fitted to all properties, with low energy lighting and high efficiency appliances also installed. The proposal therefore complies with the relevant policies. Developer Contributions 68 NPF4 Policy 18: Infrastructure First and LDP2 Policy 5: Infrastructure Contributions requires consideration of the individual or cumulative impact of new development on infrastructure and facilities and to secure contributions to address this impact where the development exacerbates impacts or generates additional need. 69 While this proposal is a full application that stands alone from the PPP. The applicant, Muir Homes, is one of the consortium developers of the AEDF area on which the development partially sits. 70 There is an existing S.75 obligation for the wider development site which requires, amongst other things, the provision of a new junction at Shinafoot to the north of Auchterarder and sports facilities for the development. The S.75 includes a cap on the number of homes that can be built as part of the AEDF until these requirements are met. This is a complex matter, and discussions have been ongoing with the consortium developers with a view to seeking a suitable resolution. The situation has been further complicated by part of the consortium, Stewart Milne Group, being placed into administration. Muir Homes has acknowledged that, due to these ongoing discussions, they will not currently be in a position to implement the consent and are rather looking to have the consent in place and ready to go at such time as matters pertaining to the S.75 are resolved. An informative is recommended to be added to the permission to confirm the scope of the S.75 (informative 1). 71 The neighbouring application 24/01757/AMM will be bound by the terms of the existing S.75, but as the smaller local site is a standalone application it will not be. However, the two applications are inherently linked due to the joint approach to the provision of affordable housing and other infrastructure requirements. Notwithstanding that the local application also relates to, and forms a part of, the wider AEDF area. A new legal agreement will therefore be required to ensure that the local application will also be bound by the obligations of the existing S.75 for the wider development.
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Economic Impact 72 The impact to the local economy both during construction and occupation will be moderate with additional available expenditure on local facilities and services. Planning Obligations and Legal Agreements 73 As set out above, a legal agreement is required to ensure that obligations are secured in line with the requirements of the wider development area. Consent shall not to be issued until the agreement has been signed and registered to take account of this application. The legal agreement should be concluded and completed within 4 months of the date of any approval. Direction By Scottish Ministers 74 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 75 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 subject to the following conditions: Conditions and Reasons for Recommendation 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason: This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason: To ensure the development is carried out in accordance with the approved drawings and documents.
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3. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; 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; a code of conduct for HGV drivers to allow for queuing traffic to pass; arrangements for liaison with the Roads Authority regarding winter maintenance; emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; 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; arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; 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; details of information signs to inform other road users of construction traffic; arrangements to ensure that access for emergency service vehicles are not impeded; co-ordination with other significant developments known to use roads affected by construction traffic; traffic arrangements in the immediate vicinity of temporary construction compounds; the provision and installation of traffic counters at the applicant's expense at locations to be agreed prior to the commencement of construction; monitoring, reporting and implementation arrangements; arrangements for dealing with non-compliance; and 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 proper site management. 4. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) which has been submitted by the developer and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter, the developer shall ensure that the programme of archaeological works is fully
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implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress. Reason: To ensure a programme of archaeological works is carried out to safeguard and record any archaeological remains within the development area. 5. A Construction Environmental Management Plan (CEMP) shall be submitted prior to the commencement of the development for the written approval of the planning authority. The CEMP shall include recommendations for the control of working hours, noise, dust and vibration during the construction stage of the development and once approved shall be implemented throughout the construction phase of the development. Reason: In the interests of protecting environmental quality. 6. Prior to the commencement of the development hereby approved, a Biodiversity Enhancement Plan for the site shall be submitted. Thereafter, the agreed scheme shall be implemented in full prior to the completion of the development. Reason: In the interests of protecting environmental quality and of biodiversity. 7. The detailed landscaping and planting scheme which is hereby approved shall be completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. The approved scheme shall thereafter be maintained to the satisfaction of the Council as Planning Authority, with any planting which fails to become established within five years being replaced in the following planting season with others of a size and species as previously approved. Reason: In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 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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Procedural Notes 1. Permission shall not to be issued until the Section 75 Agreement has been signed and registered to take account of this application. The legal agreement should be concluded and completed within 4 months of the date of any Committee approval. Failure to conclude a legal agreement within 4 months will result in the planning application being re-assessed through failing to comply with the associated developer contributions policy and may be ultimately recommended for refusal under delegated powers Informatives 1. The applicant is advised to refer to the existing Section 75 Legal Agreement and the implications that this agreement has with regards to commencing works, with particular attention drawn towards the sports facilities provision and the Shinafoot junction works. 2. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 3. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 4. 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. 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
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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. 6. 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. 7. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 8. 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. 9. No work shall be commenced until an application for building warrant has been submitted and approved. Background Papers Letters of representation 19 Authors Name Designation Contact Details Alex Gudgeon Planning Officer (Major Team) 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 30 April 2025