Agenda Document Pack - Planning and Placemaking Committee - 14/05/2025
Perth and Kinross Council · 14 May 2025
Back to Planning and Placemaking Committee — 14 May 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Ambition | Compassion | Integrity Our vision is for a Perth and Kinross where everyone can live life well, free from poverty and inequality Council Building 2 High Street Perth PH1 5PH 05/05/2025 A hybrid meeting of the Planning and Placemaking Committee will be held in the Council Chambers (Hybrid) on Wednesday, 14 May 2025 at 09:30. If you have any queries please contact Democratic Services on (01738) 475000 or email Committee@pkc.gov.uk. THOMAS GLEN Chief Executive Those attending the meeting are requested to ensure that all notifications are silent on their device and other devices are in silent mode. Please note that the meeting will be broadcast online and recorded. The recording will be publicly available on the Council’s website following the meeting. Members: Councillor Ian Massie (Convener) Councillor Grant Stewart (Vice-Convener) Councillor Keith Allan Councillor Bob Brawn Councillor Dave Cuthbert Councillor Ken Harvey Councillor David Illingworth Councillor Ian James Bailie Claire McLaren Councillor Richard Watters Bailie Mike Williamson Page 1 of 160
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Planning and Placemaking Committee Wednesday, 14 May 2025 Agenda Members are reminded of their obligation to declare any financial or non- financial interest which they may have in any item on this agenda in accordance with the councillors’ code of conduct. 1 WELCOME AND APOLOGIES/SUBSTITUTES 2 DECLARATIONS OF INTEREST 3 MINUTE OF MEETING OF THE PLANNING AND PLACEMAKING COMMITTEE OF 16 APRIL 2025 FOR APPROVAL (copy herewith) 5 - 28 4 DEPUTATIONS 5 APPLICATIONS FOR DETERMINATION 5(1) MAJOR APPLICATIONS 5(1)(i) 24/01386/FLM - FORMATION OF A 49.9MW BATTERY ENERGY STORAGE FACILITY COMPRISING BATTERY STORAGE UNITS, ANCILLARY BUILDINGS AND EQUIPMENT, ACCESS ROAD AND ASSOCIATED WORKS, LAND 200 METRES NORTH OF PITCURRAN HOUSE, NEWBURGH ROAD, ABERNETHY, PERTH, PH2 9LG Report of Handling by the Development Management and Building Standard Service Manager (copy herewith 25/117) 29 - 58 5(1)(ii) 24/01483/AMM - ERECTION OF 42 DWELLINGHOUSES AND ASSOCIATED WORKS - PHASE 2 (CHANGE OF HOUSE TYPE AND PLOT LAYOUT OF 22./02223/AMM), SCONE NORTH, SCONE, PERTH Report of Handling by Development Management and Building Standards Service Manager (copy herewith 25/118) 59 - 80 5(1)(iii) 24/01961/AMM - ERECTION OF 43 DWELLINGHOUSES, LANDSCAPING AND ASSOCIATED INFRASTRUCTURE 81 - 110 Page 3 of 160
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(APPROVAL OF MATTERS SPECIFIED IN CONDITIONS OF 02/01482/IP), LAND TO THE NORTH OF A912 AT OUDENARDE, BRIDGE OF EARN, PERTH Report of Handling by Development Management and Building Standards Service Manager (copy herewith 25/119) 5(1)(iv) 24/01757/AMM - ERECTION OF 38 DWELLINGHOUSES AND 4 FLATS AND ASSOCIATED WORKS (APPROVAL OF MATTERS SPECIFIED IN CONDITIONS OF 16/01809/IPM PHASE 2A), LAND 40 METRES NORTH OF 51 CASTLE DRIVE, AUCHTERARDER, PH2 1FU Report of Handling by Development Management and Building Standards Service Manager (copy herewith 25/120) 111 - 130 5(2) LOCAL APPLICATIONS 5(2)(i) 24/01758/FLL - ERECTION OF 6 DWELLINGHOUSES, LANDSCAPING AND ASSOCIATED INFRASTRUCTURE (PHASE 2A), LAND 90 METRES NORTH WEST OF CASTLEMAINS FARM STEADING, AUCHTERARDER, PH3 1DX Report of Handling by Development Management and Building Standards Service Manager (copy herewith 25/121) 131 - 150 6 PROPOSAL OF APPLICATION NOTICES (POAN) 6(i) 25/00006/PAN - REDEVELOPMENT WORKS COMPRISING ALTERATIONS TO GRASS FOOTBALL PITCHES TO FORM 2 SYNTHETIC FOOTBALL PITCHES, EXTENSION TO BUILDING, ERECTION OF SPECTATOR STAND AND ASSOCIATED WORKS, JEANFIELD SWIFTS STADIUM, BUTE DRIVE, PERTH, PH1 3BG Pre-Application Report by Development Management and Building Standards Service Manager (copy herewith 25/122) 151 - 160 Page 4 of 160
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DRAFT PLANNING AND PLACEMAKING COMMITTEE Minute of hybrid meeting of the Planning and Placemaking Committee held in the Council Chambers, 2 High Street, Perth, on Wednesday 16 April 2025 at 9.30am. Present: Councillors I Massie, G Stewart, K Allan, B Brawn, K Harvey, I James, D Illingworth, Bailie C McLaren, R Watters and Bailie M Williamson. In Attendance: L MacLean, L Reid, K Smith, and P Williamson (all Economy, Development and Planning); A Brown, C Elliott, M Pasternak and R Ramsay (all Legal and Governance). Apologies: Councillor D Cuthbert. Councillor I Massie, Convener, Presiding. 1. Welcome and Apologies The Convener welcomed everyone present to the meeting and noted apologies as above. 2. Declarations of Interest The were no Declarations of Interest made in terms of the Councillors Code of Conduct. 3. Minutes The minute of meeting of the Planning and Placemaking Committee of 12 March 2025 was submitted and approved as a correct record. 4. Deputations In terms of Standing Order 13, the Committee agreed to hear deputations in relation to the following planning applications: Planning Application No. Item No. 24/01128/FLL 5(2)(i) 24/01539/FLL 5(2)(ii) 24/01642/FLL 5(2)(iii) 5. Applications For Determination (1) Major Application (i) 24/01894/FLM - S42 Application to vary conditions 1 (in accordance with plans), 10 (water) and 12 (archaeology) of permission 22/00746/FLM, land 60 metres north of Abernethy Cemetery, Newburgh Road, Abernethy (Report No. 25/79) 3 Page 5 of 160
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DRAFT Resolved: Grant, subject to the following terms, conditions (including amended Condition 1) and informatives: Conditions General 1. The development hereby approved must be carried out in accordance with the drawing and documents set out in this decision notice, unless otherwise provided for by other conditions imposed by this decision notice. Reason - To ensure the development is carried out in accordance with the approved drawings and documents. Noise 2. All hereby approved plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 20 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 3. In the event of a justified noise complaint being received by the Council the operator shall, at its own expense, employ a consultant approved by the Planning Authority to carry out a noise assessment to verify compliance with Condition 2. The assessment will be carried out to an appropriate methodology agreed in writing with the Planning Authority. If the noise assessment shows that the noise levels do not comply with Condition 2 a scheme of noise mitigation shall be included with the noise assessment, specifying timescales for the implementation of the scheme and shall be submitted to the Planning Authority within 28 days of the assessment. The mitigation scheme shall thereafter be implemented in accordance with the approved scheme and timescales. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. Lighting 4. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of residential property and that light spillage beyond the boundaries of the site is minimised. In association, the operation of the lighting shall be controlled so as to only be triggered by motion within the security fenced boundaries of the site. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. Page 6 of 160
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DRAFT Roads and Transportation. 5. Prior to the commencement of works associated to the hereby approved development, a Construction Traffic Management Scheme (TMS) shall be submitted for the written approval of the Planning Authority, such TMS shall include details of the following: (a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; (b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; (c) a code of conduct for HGV drivers to allow for queuing traffic to pass; (d) arrangements for liaison with the Roads Authority regarding winter maintenance; (e) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; (f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; (g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; (h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; (i) details of information signs to inform other road users of construction traffic; (j) arrangements to ensure that access for emergency service vehicles are not impeded; (k) co-ordination with other significant developments known to use roads affected by construction traffic; (l) traffic arrangements in the immediate vicinity of temporary construction compounds; (m) the provision and installation of traffic counters at the applicant's expense at locations to be agreed prior to the commencement of construction; (n) monitoring, reporting and implementation arrangements; (o) arrangements for dealing with non-compliance; and (p) details of HGV movements to and from the site. The TMS, as approved, shall be strictly adhered to during the entire site construction programme all to the satisfaction of the Council as Planning Authority. Reason - In the interests of road safety. Page 7 of 160
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DRAFT 6. Prior to the commencement of works associated to the hereby approved development, the details of any abnormal load movements required, including any accommodation measures necessary, shall be submitted to and agreed in writing by the Planning Authority, in consultation with Transport Scotland and the Councils Transport Planning team. Any request for approval shall be submitted at least two months prior to the proposed load movement. Reason - To ensure that the transportation of abnormal loads will not have any detrimental effect on the local or trunk road network. 7. Prior to the commencement of works associated to the hereby approved development, any additional signing or temporary traffic control measures deemed necessary due to the size or length of loads being delivered to the development hereby approved must be undertaken by a recognised Quality Assured Traffic Management Consultant. The details of any temporary traffic control measures shall be submitted to and agreed in writing by the Planning Authority, in consultation with Transport Scotland and the Councils Transport Planning team. Any request for such approval shall be submitted at least two months prior to the proposed temporary control measures being implemented. Reason - To ensure that the transportation of abnormal loads will not have any detrimental effect on the trunk road network. External Finishing Colour 8. Prior to the commencement of works associated to the hereby approved development, details of the recessive colour of the proposed external finishing materials to be used for the hereby approved development components (i.e., battery storage containers, transformers, DNO Switchgear, perimeter fencing etc.) shall be submitted to and agreed in writing by the Council as Planning Authority. The scheme as agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. Biodiversity 9. Prior to the commencement of works associated to the hereby approved development, a detailed landscaping and planting scheme for the site shall be submitted to and approved in writing by the Planning Authority. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and installation methods and, species, height, size and density of trees and shrubs to be planted. The scheme Page 8 of 160
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DRAFT as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained to the satisfaction of the Council as Planning Authority. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. Soil Management 10. All soils excavated in the course of the development hereby approved shall be retained onsite and repurposed unless otherwise approved in writing by the Council as Planning Authority. Prior to the development hereby approved commencing, a Soil Management Statement shall be submitted to the Planning Authority for approval in writing. This Statement shall set out the extent of any excavation works to be undertaken and how soils shall be reused and or managed onsite. All excavation and repurposing of soil shall then proceed in accordance with the agreed statement. Reason - In the interests of appropriately managing prime quality soils and minimising the long-term impacts of developing the site in accordance with Policy 51 of the LDP2. Facility Lifespan 11. In the event the hereby approved development fails to store electricity on a commercial basis for a continuous period of 12 months, and or at the end of life for the development (50 years from the commencement of electricity storage) it shall be deemed to have permanently ceased to be required. In either event the development shall be decommissioned, and the relevant parts of the site reinstated within such timescale as agreed in writing by the Council as Planning Authority. Reason - To ensure the facility is removed from the site at the end of its operational life, and to protect the character of the countryside, the visual amenity of the area and nature conservation interests. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. This planning permission will last only for three years from the date of this decision notice, unless the Page 9 of 160
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DRAFT development has been started within that period (see Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 2. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. 3. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. 4. An application for Building Warrant may be required. 5. The applicant is advised to refer to Perth & Kinross Council’s Supplementary guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. 6. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended, it is an offence to remove, damage or destroy the nest of any wild birds while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act. 7. The applicant is reminded that, should any protected species be present a license may be required from Scottish Natural Heritage to disturb a protected species. Failure to obtain a license may constitute a criminal act under the Habitats Regulations and penalties are severe for non-compliance. 8. This development will require the 'Display of notice while development is carried out', under Section 27C (1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. According to Regulation 41 the notice must be: Displayed in a prominent place at or in the vicinity of the site of the development. Readily visible to the public. Printed on durable material. 9. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original Page 10 of 160
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DRAFT application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 10. The developer is advised to contact Perth & Kinross Heritage Trust should any unrecorded archaeology be found during construction works. 11. The applicant should ensure that any existing wayleaves for maintenance or repair to existing private water supply or septic drainage infrastructure in the development area are honoured throughout and after completion of the development. 12. The applicant shall ensure the private water supply for the development complies with the Water Scotland Act 1980 (Section 63), The Private Water Supplies (Scotland) Regulations 2006 and The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. Detailed information regarding the private water supply, including the nature, location and adequacy of the source, any storage tanks/ pipework and the filtration and disinfection treatment proposed to ensure provision of an adequate and consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above Act and Regulations. 13. The applicant is advised that, in terms of Sections 56 of the Roads (Scotland) Act 1984, he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. (2) Local Applications (i) 24/01128/FLL - Change of use from workshop (Class 6) to gym/fitness studio (Class 11), The Workshop, Montrose Road, Auchterarder, PH3 1BZ (Report No. 25/80) Ms A Connelly, objector, addressed the committee via telephone, and answered Members questions. Page 11 of 160
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DRAFT Resolved: Grant, subject to the following terms, conditions (including amended Conditions 3 and 10) and informatives: Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason - To ensure the development is carried out in accordance with the approved drawings and documents. 3. The hours of operation shall be restricted to between 06:30 to 21:00hrs Monday to Friday; 08:00 to 18:00hrs on Saturday, and 09:00 to 18:00hrs Sunday. Reason - In order to safeguard the neighbouring residential amenity in the area. 4. All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve. Reason - In order to safeguard the neighbouring residential amenity in the area. 5. The mitigation measures within Section 5 of the approved Noise Impact Assessment shall be implemented to the appropriate level that is recommended, to ensure that the minimum sound insulation requirements for Building Regulations are achieved specifically (Sections 5.8 to 5.33) and (Section 5.51 to 5.53). These measures shall be implemented prior to the commencement of use, and maintained to the appropriate standard in perpetuity. Reason - In order to safeguard the neighbouring residential amenity in the area. 6. No music amplified, background or otherwise is allowed within the premises unless all the relevant and appropriate mitigation measures within in Section 5 specifically (5.34 to 5.50) and (5.51 to 5.53) of the Noise Impact Assessment (NIA), ‘The Workshop’, Montrose Road, Auchterarder, Technical Report R-10169-DR-CL dated 27 January 2025 undertaken by RMP, are implemented, once implemented a further sound propagation test must be carried out by a suitably Page 12 of 160
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DRAFT qualified noise consultant, to establish agreed sound limiter level for amplified music, as recommended in Sections 5.5 to 5.7 of the NIA. The scope and timescale submitted to and agreed in writing with the Council as Planning Authority in consultation with Environmental Health. Thereafter any agreed mitigation measures shall be implemented to ameliorate the nuisance. Reason - In order to safeguard the neighbouring residential amenity in the area. 7. Prior to the commencement of use a Noise Management Plan, shall be submitted to and agreed in writing by the Council as Planning Authority and Environmental Health. The plan shall include operational procedures and mitigation measures to control noise from amplified music, equipment / weights, and patrons. This should include Noise Management policy for patrons using gym and a complaints procedure. The details as approved shall then be implemented in full as part of the operation of the site. Reason - In order to safeguard the neighbouring residential amenity in the area. 8. All windows and doors shall remain closed during the operational hours of the gym/fitness studio. Reason - In order to safeguard the neighbouring residential amenity in the area. 9. No gym activities are to be carried out at any time within the mezzanine area of the building. Reason - In order to safeguard the neighbouring residential amenity in the area. 10. Prior to the use or occupation of the development hereby approved, all ground floor windows on the south-east elevation, and all upper floor windows of the building which overlook adjacent residential property shall be installed with translucent film and this will remain in place in perpetuity. Reason - In order to minimise any overlooking onto neighbouring properties. 11. Prior to commencement of any development on site, a detailed design for the proposed secure covered cycle parking facility for a minimum of 10 cycles shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The cycle parking, as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority prior to the development being brought into use. Reason - In order to encourage active travel 12. No part of the development shall be occupied until a Green Travel Plan (GTP), aimed to encourage more sustainable means of travel, has been submitted and approved in writing by the Council. The GTP will have Page 13 of 160
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DRAFT particular regard to provision for walking, cycling and public transport access to and from the site and will identify the measures to be provided, the system of management, monitoring, review, reporting and the duration of the plan. Reason- To promote sustainable transport options 13. The number of patrons (excluding staff) within the building shall be limited to 15 at any one time. Reason - In the interest of manging traffic vehicular volumes on Montrose Road. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. The presence of protected species, and the extent to which they could be affected by the proposed development, should be established before works commence. Should protected species be identified within the site the developer should ensure that all appropriate measures required to comply with the relevant legislation are carried out. 4. Guidance on the detailed design and positioning of the cycle storage can be sought from Transport Scotland's Cycling by Design 2021. 5. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. (The committee took a short recess before re-convening) Page 14 of 160
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DRAFT (ii) 24/01539/FLL - Siting of container unit for use as hot food takeaway, formation of decking and outdoor seating area, The Craft Diner, Atholl Street, Dunkeld (Report No. 25/81) Ms C Claydon, objector; Mr M Stead, supporter; and Mr O Cevik, applicant, addressed the committee, and answered Members questions. Resolved: Grant, subject to the following terms, conditions (including amended Condition 12) and informatives (including additional Informative 5): Conditions 1. Planning permission is hereby granted for a temporary period until 30 April 2030. Prior to this date, all development shall be removed from the site, and the use shall cease. If the use of the site ceases prior to this date for a continuous period of 6 months, then all development shall be removed from site within a period of 2 months from the date of a formal notification by the Council as Planning Authority, and the site reinstated back to its natural state. Reason - This is a temporary planning permission. 2. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason - To ensure the development is carried out in accordance with the approved drawings and documents. 3. Prior to the commencement of the development hereby approved, precise details of the proposed decking area, base of the container and other ancillary storage containers shall be submitted to and approved in writing by the Council as Planning Authority. The details must ensure that a) pressure on the roots is not excessive and b) suitable drainage to the ground beneath can take place. The approved details shall thereafter be implemented in full. Reason - In order to safeguard surrounding trees. 4. All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In order to protect existing residential amenity. 5. Prior to the development hereby approved being completed or brought into use, an effective ventilation system commensurate with the nature and scale of Page 15 of 160
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DRAFT cooking to be undertaken shall be installed and operated such that cooking odours are not exhausted into or escape into any neighbouring buildings. Thereafter the system shall be maintained as per the manufacturers specifications. Reason - In order to protect existing residential amenity. 6. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. All lighting (internal and external) must be biodiversity friendly. Reason - In order to protect existing residential amenity. 7. Prior to the commencement of the development hereby approved, precise details of the external finish of the container shall be submitted to and approved in writing by the Council as Planning Authority. Thereafter the container shall be finished in the approved colour, and the external finish thereafter maintained yearly. Reason - In order to protect the visual amenity of the area. 8. No trees shall be removed under the terms of this planning permission. Prior to the delivery of the container, all trees on site and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall take into account the requirements of BS 5837 2012: Trees in Relation to Design, Demolition and Construction, and details of the protection measures shall be submitted to and approved in writing by the Council as Planning Authority prior to the commencement of the development hereby approved. The measures shall thereafter be in place for the duration of installation phase. Reason - In order to protect existing trees from unnecessary damage during the delivery of the container. 9. Prior to the commencement of the development hereby approved, detailed drawings showing all waste and recycling facility enclosures or waste and recycling facility storage areas and associated locations for bin presentation shall be submitted to and approved in writing by the Council as Planning Authority. The details must include details of the collection provider. The approved details shall thereafter be implemented in full after commencement. Reason - In order to clarify the terms of this planning permission. 10. The onsite refuse storage area for these premises shall be operated and maintained such that detriment is not caused to the amenity of the area or any neighbouring premises. Page 16 of 160
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DRAFT Reason - In the interest of proper site management. 11. The two asserted core paths close to the site (DUNK/25 and 70) must not be obstructed during installation or on completion of the development. Any damage done to the route and/or the associated signage during building works must be made good before the development is completed or brought into use, whichever is the earlier. Reason - In order to protect public access rights. 12. Prior to the commencement of the development hereby approved, an Operational Management Plan shall be submitted to and approved in writing by the Council as Planning Authority. The Plan must include opening hours, details of means of deliveries and timing, a waste management plan, a procedure for dealing with onsite anti-social behaviour, a complaints procedure, and a review procedure. The approved plan shall be implemented in full at all times. Reason - In order to protect residential amenity 13. Prior to the installation of the container and associated development approved by this planning permission, the existing container and its associated development shall be removed and the area of that former development reinstated back to its former condition. Reason - In the interest of protecting visual amenity, and to protect the character and appearance of the Conservation Area, Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. 3. Records indicate that at least part of the proposed development site lies within a radon affected area where the measurement/monitoring of radon gas and the installation of mitigation measures may be required. Page 17 of 160
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DRAFT Further information on radon gas and the associated reports that can be obtained is available at www.ukradon.org and at http://shop.bgs.ac.uk/georeports/. 4. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013, as amended. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: Displayed in a prominent place at or in the vicinity of the site of the development Readily visible to the public Printed on durable material. 5. The applicant is advised that this type of proposal requires a Street Trader's Licence under the terms of Section 39 of the Civic Government (Scotland) Act 1982 and therefore a licence application should be made to Licensing. Application forms are available at https://www.pkc.gov.uk/article/15623/Street-trading- licence. (iii) 24/01642/FLL - Change of use, alterations and extension to steading to form dwellinghouse and associated works, land 35 metres south west of Gourdiehill Farmhouse, Bankfoot, Perth, PH1 4DL (Report No. 25/82) Mrs S Walker, objector; Mr S Green, objector; and Mr J Alberdi, agent on behalf of the applicant, accompanied by Mr A Hodge, applicant, addressed the committee, and answered members questions. Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 1. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason - To ensure the development is carried out in accordance with the approved drawings and documents. 2. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Page 18 of 160
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DRAFT Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 3. No development or extensions, whether or not permitted by virtue of Schedule 1, Part 1, Class 1A, 1B, 1D, 3A, 3AA, 3D and 3E; of the Town and Country Planning (General Permitted Development)(Scotland) Order, 1992 or any Order revoking and re-enacting that Order, shall be erected within the curtilage of the dwellinghouse hereby approved. Reason - In the interests of visual amenity and to ensure the Planning Authority retains control over future development on the site given its relatively exposed nature. 4. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document 23 relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 5. Prior to the commencement of the development hereby approved, a detailed landscaping and planting scheme for the site shall be submitted for the further written agreement of the Council as Planning Authority. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, species, height, size and density of trees and shrubs to be planted plus numbers, locations and specifications of bird boxes, bat boxes and insect boxes. The scheme as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained to the satisfaction of the Council as Planning Authority. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. 6. An updated bat survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the bat survey approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. Reason - In the interests of protecting environmental quality and of biodiversity. Page 19 of 160
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DRAFT 7. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, four bird nesting boxes suitable for swallows shall be provided on the completed building. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 8. Development shall not commence on site until an evaluation for the potential of the site to be affected by contamination by a previous use has been undertaken and, as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been submitted for consideration and accepted by the Council as Planning Authority. If the preliminary risk assessment identifies the need for further assessment, an intrusive investigation shall be undertaken to identify; I. the nature, extent and type(s) of contamination on the site II. measures to treat/remove contamination to ensure the site is fit for the use proposed III. measures to deal with contamination during construction works IV. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason - In order to deal with any potential contamination of the site as a result of its former use. 9. Prior to the development hereby approved being completed or brought into use, the vehicular access shall be formed in accordance with Perth and Kinross Council's Road Development Guide Type C, Figure 5.7 access detail, of Type B Road Construction Detail. The Type B Road Construction Detail shall continue into the entrance of the development for a minimum distance of 6 metres from the edge of the public road network. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 10. The core path (AGVN/120) which forms part of the access track to the site must not be obstructed during building works or on completion. Any damage done to the core path and associated signage during building Page 20 of 160
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DRAFT works shall be made good before occupation of the dwellinghouse. Reason - In the interests of public access along the core path. 11. Prior to the commencement of the development hereby approved, details of the location and measures proposed for the safeguarding and continued operation, or replacement, of any septic tanks and soakaways, private water sources, private water supply storage facilities and/or private water supply pipes serving properties in the vicinity, sited within and running through the application site, shall be submitted to and approved in writing by the Council as Planning Authority. The subsequently agreed protective or replacement measures shall be put in place prior to the commencement of the development being brought into use and shall thereafter be so maintained insofar as it relates to the development hereby approved. Reason - To ensure the new development has an adequate and consistently wholesome supply of water and to maintain water quality and supply in the interests of residential amenity and ensure the private water supply or septic drainage systems of neighbours of the development remain accessible for future maintenance. 12. Development shall not commence until the developer has secured an archaeological standing building survey, to be carried out by an independent and suitably qualified archaeological organisation. The scope of the archaeological standing building survey will be set by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust. The name of archaeological organisation retained by the developer shall be given to the Council as Planning Authority and PKHT in writing not less than fourteen days before the commencement date provided in the Notice of Initiation of Development. Copies of the resulting survey shall be deposited in the National Record of the Historic Environment and in the Perth and Kinross Historic Environment Record upon completion of the survey. Reason - To ensure an appropriate archaeological standing building survey is carried out and the resulting survey is recorded properly. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Page 21 of 160
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DRAFT Procedural Notes The planning permission decision notice shall not be issued until such time as the required Developer Contributions have been secured or paid in full. In the event the applicant does not either make the required payment within 28 days from the date the agent/applicant is advised of the need for the contributions, or complete a legal agreement for delayed payment within a 4 month period from the date the agent/applicant is advised of the need for the contributions the application may be refused under delegated powers without any further discussion with the applicant. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. No work shall be commenced until an application for building warrant has been submitted and approved. 4. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 5. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council, as Roads Authority, consent to open an Page 22 of 160
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DRAFT existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 6. A private wastewater treatment plant and septic tank should be provided with an access for desludging. The desludging tanker should be provided with access to a working area that: - will provide a clear route for the suction hose from the tanker to the tank, and - is not more than 25m from the tank where it is not more than 4m higher than the invert level of the tank, and - is sufficient to support a vehicle axle load of 14 tonnes. 7. The applicant shall ensure the private water supply for the dwellinghouse/ development complies with the Water Scotland Act 1980 (Section 63), The Private Water Supplies (Scotland) Regulations 2006 and The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. Detailed information regarding the private water supply, including the nature, location and adequacy of the source, any storage tanks/ pipework and the filtration and disinfection treatment proposed to ensure provision of an adequate and consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above Act and Regulations. 8. The developer is advised to contact Sophie Nicol, Historic Environment Manager (tel 01738 477027) Perth and Kinross Heritage Trust, to discuss terms of reference for work required. 9. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests (iv) 24/01736/IPL - Residential Development (in principle), land 50 metres north of Fearnach, Kirkmichael (Report No. 25/83) Resolved: Grant, subject to the following terms, conditions and informatives: Page 23 of 160
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DRAFT Conditions 1. This planning permission in principle will last only for five years from the date of this decision notice, unless the development has been started within that period. Reason - This is a Planning Permission in Principle in terms of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019) 2. The development shall not commence until the following specified matters have been the subject of a formal planning application for the approval of the Council as Planning Authority: the siting, design and external appearance of the development, the hard and soft landscaping of the site, all means of enclosure, means of access to the site, vehicle parking and turning facilities, levels, foul and surface water drainage, and details of the proposed waste and recycling provision. Reason - This is a Planning Permission in Principle in terms of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 3. Further to Condition 2 of this decision notice, a detailed ecology survey covering the site shall be undertaken and the resultant report then submitted as part of the specified matters requiring to be the subject of a further formal planning application for the approval of the Council as Planning Authority. The report shall include appropriate mitigations to protect any identified species, and measures to provide bio-diversity enhancements. Reason - In order to ensure that all ecology matters are fully considered and addressed at the appropriate stage. 4. Notwithstanding the terms of Condition 2 of this decision notice, details of a new bus boarder adjacent to the site shall be included as part of the development and precise details submitted as part of the specified matters requiring to be the subject of a further formal planning application for the approval of the Council as Planning Authority. Reason - In order to clarify the terms of this planning permission, and to ensure road and pedestrian safety is protected. 5. No trees or hedging on or adjacent to the site shall be felled without the prior written approval of the Council as Planning Authority. A tree survey (including root protection areas) shall be submitted as part of the specified matters requiring to be the subject of a further formal planning application for the approval of the Council as Planning Authority. The tree survey must be carried out by a qualified and independent arborist indicating the type, age, condition, location and accurate canopy spread of all the trees on and affected by the site and including a Page 24 of 160
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DRAFT tree management report with details of the tree protection measures to be employed during construction in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Reason - In order to clarify the terms of this planning permission, and protect the existing trees from unnecessary damage/removals. 6. The development shall be in accordance with the requirements of Perth & Kinross Council’s Developer Contributions and Affordable Housing Supplementary Guidance 2023 in line with Policy 5: Infrastructure Contributions of the Perth & Kinross Local Development Plan 2 (2019) with particular regard to primary education infrastructure, or such subsequent Guidance and Policy which may replace these. Reason - To ensure the development is in accordance with the terms of the Perth and Kinross Local Development Plan 2 (2019) and to comply with the Council’s policy on Developer Contributions and Affordable Housing Supplementary Guidance 2023. 7. The development shall be in accordance with the requirements of Perth & Kinross Council’s Developer Contributions and Affordable Housing Supplementary Guidance 2023 in line with Policy 20: Affordable Housing of the Perth & Kinross Local Development Plan 2 (2019), or such subsequent Guidance and Policy which may replace these. Reason - To ensure the development is in accordance with the terms of the Perth and Kinross Local Development Plan 2 (2019) and to comply with the Council’s policy on Developer Contributions and Affordable Housing Supplementary Guidance 2020. 8. Notwithstanding the terms of Condition 2 of this decision notice, any second level of accommodation must be included within the roofspace. Reason - In order to clarify the terms of this planning permission, and to ensure the development protects the visual amenity of the surrounding area. 9. Notwithstanding the terms of Condition 2 of this decision notice, a Design Statement shall be submitted as part of the details submitted as part of the specified matters requiring to be the subject of a further formal planning application for the approval of the Council as Planning Authority. Reason - In order to clarify the terms of this planning permission, and to ensure the visual amenity and character of the area is protected. 10. Notwithstanding the terms of Condition 2 of this decision notice, a statement which demonstrates that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation Page 25 of 160
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DRAFT and operation of low and zero-carbon generating technologies shall be submitted as part of the specified matters requiring to be the subject of a further formal planning application for the approval of the Council as Planning Authority. Reason - In order to comply with Policy 32 of the adopted Perth and Kinross Local Development Plan 2 (2019). Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. The applicant (or any other person(s) taking this permission on should be fully aware that this Planning Permission in Principle may be invalidated by the felling of trees which are required to be retained, if carried out prior to gaining approval of all matters specified in conditions. 2. A review of the proposed development site did not raise any real concerns, although historical mapping indicates that the proposed development is within the immediate vicinity of a former underground tank(s) which may have resulted in contamination in the vicinity of the site. Should any contamination be found during the approved works, all construction activities should cease, and the Land Quality team should be contacted on contaminatedland@pkc.gov.uk for further advice. 3. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests 6. Proposal of Application Notices (PoAN) (i) 25/00001/PAN - Residential Development (allocated site H341), land 90 metres east of Westfields of Rattray, Balmoral Road, Rattray, Blairgowrie, PH10 7HY (Report No. 25/84) Bailie C McLaren requested due consideration be given to community availability of building space for community use for groups to meet in as part of ‘Building Our Stronger Communities’. Councillor B Brawn requested due consideration be given to the junction at Balmoral Road, the access of pedestrians into Rattray itself, and the amount of parking spaces within the development. The contents of the Report by the Development Management and Building Standards Service Manager, were noted. Page 26 of 160
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DRAFT (ii) 25/00002/PAN - Change of use of holiday cottages to allow holiday use or residential use as staff accommodation for employees of Taymouth Castle Estate, Moness House Hotel and Country Club, Aberfeldy, PH15 2DY (Report No. 25/85) Bailie M Williamson requested due consideration be given to developer contributions and possible access to the site from the rear entrance which is currently closed off. The contents of the Report by the Development Management and Building Standards Service Manager, were noted. (iii) 25/00003/PAN - Erection of poultry facility, managers accommodation, staff welfare facility, office, storage buildings, security fencing, formation of vehicular access, SUDS, landscaping and associated works, land at Newbigging Farm, Kinclaven (Report No. 25/86) Bailie M Williamson requested due consideration be given to the environmental impact of the storage and disposal of poultry manure and comments from SEPA. The contents of the Report by the Development Management and Building Standards Service Manager, were noted. (iv) 25/00004/PAN - Installation of a 49.9MW solar farm comprising ground mounted solar arrays, inverters, substation, ancillary buildings, fencing, CCTV cameras, vehicular access tracks and associated works, West Pitnacree, Alyth, Blairgowrie, PH11 8JF (Report No. 25/87) Councillor I James requested due consideration be given to the size of the site and whether this is good use of the land. Bailie M Williamson requested due consideration be given to community benefit and whether there will be a community benefit fund associated with the development. The contents of the Report by the Development Management and Building Standards Service Manager, were noted. Page 27 of 160
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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. 25/117) Proposal: Formation of a 49.9MW battery energy storage facility comprising battery storage units, ancillary buildings and equipment, access road and associated works Location: Land 200 metres north of Pitcurran House, Newburgh Road, Abernethy, Perth, PH2 9LH Ref. No: 24/01386/FLM Ward No: P9- Almond and Earn Summary This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. Background and Description of Proposal 1 The application is for a Battery Energy Storage System designed to deliver up to 49.9MW of electricity. A new access track will be required to access the site. 2 The purpose of a Battery Energy Storage System is to store excess of energy on the grid at peak of generation moments and release energy at peak demand moments of the day. Allowing a balancing mechanism that the grid requires to allow the new renewable energy generators across the country in their intermittent generation line. The energy generated is fed directly into the national electricity grid, with the point of connection to the grid being an underground 33kV cable that runs below the fields and unnamed road into the Abernethy Primary Substation, which is approximately 300m to the east of the site. 3 The proposed application site is located on part of an arable field located at Balgonie Farm, east of Abernethy, 300m to the west of the existing Abernethy substation. The site is within an area of low lying farmland which is located near the confluence of the River Earn and the River Tay 1.5km to the north. It is located to the immediate north of the transport corridors of the Perth to Ladybank 5(1)(i) Page 29 of 160
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Railway Line and A913, which runs from the outskirts of Perth to Cupar Angus in the east. To the south the land rises to the Ochil Hills. 4 The site itself comprises the south western part of a regular medium-scale arable field. The eastern boundary is formed by a hedgerow which separates the site from the adjacent field. The southern boundary is formed by a small embankment along the railway line and is vegetated with scattered scrub cover. To the north and the west the site boundaries are undefined on the ground. Furthermore, there are no specific landscape features within the application site. The access for the proposed construction route is to/from the M90 to the west via Ferryfield Road, the A913 and the A912. A new access track is required which is approximately 5metres at maximum width, finished in gravel with associated drainage ditches. This access track will connect to the existing road at Jamesfield. Site History 5 01/01389/FUL Full Planning Permission was approved on 14 November 2001 for the erection of an organic produce processing unit with visitor centre, shop and restaurant. 6 02/01804/FUL Full Planning Permission was approved on 22 January 2003 for the erection of an organic produce processing unit with visitor centre shop and restaurant. 7 07/02207/FUL Full Planning Permission was approved on 7 May 2008 for a part change of use to form a children’s nursery at first floor level. 8 13/00438/FLL Full Planning Permission was refused on 31 October 2014 for the erection of an agricultural shed. 9 17/01304/FLL Full Planning Permission was approved on 3 November 2017 for a change of use of upper floor from ancillary storage and nursery (class 10) to mixed use (classes 1, 2, 4, 6 and 10) in part retrospect. 10 24/00003/PAN On 20 March 2024 for the formation of a battery energy storage facility and associated works. 11 24/00004/PAN On 26 April 2024 for the formation of a 49.9MW battery energy storage facility and associated works. 12 24/00580/SCRN On 6 May 2024 for the Installation of 49.9MW stand-alone battery electricity storage system and ancilliary equipment to connect to the grid at Abernethy Substation. Page 30 of 160
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Environmental Impact Assessment 13 An EIA screening has been undertaken. The proposal being a Schedule 2 development in terms of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. In the case of these regulations, prohibition is given to the granting of planning permission to “EIA development” unless an environmental impact assessment has been undertaken. In this case the Council has taken the opinion that it is not EIA development, and that sufficient information has been submitted with the application to enable a determination in consideration of all relevant environmental matters. These environmental aspects requiring further consideration, are namely: noise, landscape and visual amenity, trees and biodiversity, roads and transportation and flood / drainage matters. Pre-Application Consultation 14 Pre application Reference: 23/00031/PREAPM. 15 The proposed development is classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. Therefore, the applicant was required to undertake formal pre-application consultation with the local community. 16 The objective of the community involvement and engagement phase is to inform and engage with the local community and stakeholders, in order to ensure local people are aware of the proposal and have the chance to find out more and express their views and concerns. 17 A Proposal of Application Notice was submitted to Perth and Kinross Council on the 9th April 2024. The reply was received on 26th April 2024 confirming that the proposed consultation process was accepted. This was also sent to Abernethy Community Council and all Ward Councillors by email on the 11th March 2024. 18 Two in person public exhibitions were staged in The Williamson Hall, Abernethy on the 22nd April 2024 and the 22nd May 2024, to inform local residents about the proposals. In addition, more than 768 households and local businesses were directly informed of the exhibitions via a leaflet mailout or door drop on the 11th April 2024 and the 7th May 2024 (this included all households within a 2 km radius of the site) Adverts were placed in the Perthshire Advertiser, and were published on the 9th April 2024 and 10th May 2024. 19 Furthermore, two leaflets providing information on the proposal were mailed to 768 households and local businesses on the 11th April 2024 and the 7th May 2024. This mailout included all properties within a 2 km radius of the site. Two adverts were placed in the Perthshire Advertiser providing information on the proposal. This was published on the 9th April 2024 and the 10th May 2024, and invited local residents to attend to the public exhibition events. Page 31 of 160
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Development Plan 20 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 21 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. 22 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 4: Natural Places Policy 5: Soils Policy 6: Forestry, Woodland and Trees Policy 11: Energy Policy 29: Rural Development Perth and Kinross Local Development Plan 2019 23 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. 24 The principal relevant policies are, in summary: Policy 1A: Placemaking Policy 1B: Placemaking Policy 5: Infrastructure Contributions Policy 6: Settlement Boundaries Policy 8: Rural Business and Diversification Policy 26A: Scheduled Ancient Monuments and Archaeology Policy 26B: Archaeology Policy 33A: New Proposals for Renewable and Low Carbon Energy Policy 34C: Energy Sources / Storage Policy 35: Electricity Transmission Infrastructure Page 32 of 160
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Policy 39: Landscape Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity Policy 42: Green Infrastructure Policy 50: Prime Agricultural Land Policy 51: Soils Policy 52: New Development and Flooding Policy 53A: Water Environment and Drainage: Water Environment Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 56: Noise Pollution Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 25 Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Landscape (adopted in 2020) PKC Non Statutory Guidance 26 Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC Planning Guidance - Planning & Biodiversity Supplementary Guidance - Renewable & Low Carbon Energy (draft) National Guidance 27 The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 28 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: PAN 69 Planning and Building standards Advice on Flooding PAN 75 Planning for Transport Creating Places 2013 29 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 Page 33 of 160
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that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. National Roads Development Guide 2014 30 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. Consultations 31 As part of the planning application process the following bodies were consulted: External 32 Health and Safety Executive (HSE) - No objection. 33 Transport Scotland - No objection to the proposed development. 34 Network Rail - Initially objected to the proposed development. Additional information is required to fully assess the impacts of the development on the adjacent railway. To allow Network Rail’s Fire Safety Engineer to fully assess the proposal, the applicant must submit a site-specific Battery Safety Management Plan. Network Rail has now reviewed additional information supplied by the applicant, and are now content to remove the holding objection, subject to conditions relating to the submission of a site-specific Battery Safety Management Pan, the submission of further fire safety information and a surface and foul water drainage scheme. 35 Scottish Water - Scottish Water has no objection to this planning application. The applicant should be aware that this does not confirm that the proposed development can currently be serviced. 36 This proposed development is within the Turrret Water Treatment Works catchment. To allow Scottish Water to fully appraise the proposals, it is suggested that the applicant completes a Pre-Development Enquiry (PDE) Form and submits it directly to Scottish Water via the Customer Portal. 37 There is currently sufficient capacity for a foul only connection in the Abernethy Waste Water Treatment works to service the proposed development. However, please note that further investigations may be required to be carried out once a formal application has been submitted to Scottish Water. 38 NatureScot - NatureScot did not respond to the consultation request. Page 34 of 160
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39 Perth and Kinross Heritage Trust (PKHT) - No objection, subject to the inclusion of a condition relating to the submission of a programme of archaeological works. 40 National Gas Assets Protection Team - No objection. there are no National Gas Transmission assets affected in this area. Internal 41 Environmental Health (Noise Odour) - As a result of the submission of a revised, and more cumulatively based NIA, there are now no objections to the proposed BESS. However, this is subject to the inclusion of conditions relating to : a) The enclosure and maintenance of plant and equipment b) Operational noise limits c) Noise mitigation measures d) Noise complaints e) External lighting f) Construction working hours 42 Environmental Health (Contaminated Land) - No objection. A search of the historic records did not raise any concerns regarding ground contamination and therefore there are no adverse comments to make on the application. 43 Environmental Health – Private Water Supply Team - No objection, subject to the inclusion of a suitably worded condition relating to the details of the location and operational measures of any proposed sceptic tanks and soakaways, private water sources and any associated infrastructure. 44 Transportation and Development - Following the submission of further information, there are no objections to the proposed development, subject to the inclusion of two informatives. 45 Biodiversity/Tree Officer - No objection subject to conditions relating to the conclusions and recommendations of the submitted Biodiversity Study, an updated Ecology Survey, a Construction Environment Management Plan, and details of the proposed biodiversity enhancements. 46 Community Greenspace - No objection. 47 Development Plan Team - Following the submission of additional information in the form of a Soil Management Plan and a Landscape and Visual Impact Assessment (LVIA), there is now no objection from the Development Plan Team. However, it is recommended that conditions are included in relation to the maintenance of the proposed landscaping, a revised Landscape Plan and an updated Soil Management Plan. Page 35 of 160
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48 Structures and Flooding - No objection. Representations 49 Three representations were received. The main issues raised within the representations are: Loss of prime agricultural land. Increase in traffic on Ferryfield Road. Road safety concerns. Noise pollution. Visual impact. Fire risk. Impact on biodiversity and ecology. 50 These issues are addressed in the Appraisal section of the report. Additional Statements 51 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations AA not required Ecological Appraisal Submitted Design Statement or Design and Access Statement Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Noise Impact Assessment Ecological Appraisal Fire Management Plan Transport Statement Landscape and Visual Overview Soil Management Plan FRA submitted Submitted Submitted Submitted Submitted Submitted Submitted Appraisal 52 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, Page 36 of 160
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this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 53 The location is a peripheral rural area approximately 200m north of Abernethy. Policy considerations seeking to assess its suitability in principle are: LDP2 Policies 1A, 1B, Placemaking; Policy 8 Rural Diversification; Policy 33A: Renewables and Low Carbon Energy; Policy 50 Prime Agricultural Land; and Policy 51 Soils. The relevant NPF4 policies are Policy 1 Tackling the Climate and Nature Crises; Policy 2 Climate Mitigation and Adaptation; and Policy 11 Energy. 54 The proposal would provide essential energy balancing services to the National grid, actively contributing towards Scotland's CO2 reduction targets, supporting the principles of Scotland’s Energy Strategy (SES). Specifically, electricity would be drawn from the grid at times of low demand, stored and released back as required. When demand is higher, greater generation from non-renewable sources is required and energy storage facilities such as that proposed could reduce reliance on non-renewable resources, thus decreasing CO2 emissions. Over the course of a year, the proposed BESS will cover the electricity equivalent of the annual consumption of approx. 12,500 homes. 55 NPF4 sets out six overarching spatial principles with “Just Transition” relating to the construction of renewable energy and their contribution to achieving net zero. NPF4Sustainable Places section emphasises the link to Scotland’s Climate Change Plan and sets the approach to achieving net zero emissions by 2045 and making significant progress by 2030. The NPF4 also links to Scotland’s Energy Strategy and highlights the importance of land and sea to be critical in delivering renewable energy developments. NPF4 provides detailed policy on Climate Change and Energy and details developer expectations to how proposed schemes will accord with the policies set out in the document. The overarching policy intent in NPF4 is to encourage, promote and facilitate all forms of renewable energy development onshore and offshore. 56 In this case, it is considered that there is no conflict with any of the relevant LDP2 or NPF4 policies. Whilst there is a loss of prime agricultural land (identified as Class 2), the loss of land is not considered to result in a significant impact. This is because NPF4 Policy 5 provides for essential infrastructure on prime agricultural land provided that the layout and design of the proposal minimises the amount of land that is required. A Soil Management Plan has been submitted, which sets out details of the proposed on-site management to minimise the loss of soil material from the site, to reduce any potential soil contamination and to ensure that soil structure and productive capacity can be retained and enhanced. The total land available at Balgonie Farm is approximately 185 acres, with the proposed BESS occupying 3 acres, which is only 1.6% of the total farm area. This is considered to outweigh the loss of 3 acres of prime agricultural land that will be utilised for this development. Page 37 of 160
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57 In this instance, the proposed BESS is a temporary development and it is anticipated that it will be in operation for 30 years. Once the project reaches the end of its lifespan the site will be decommissioned and will be restored to its original condition, with no impact remaining or any structures still on site that could compromise the agricultural productivity of the site. It is proposed that following the decommissioning of the BESS site, the subsoil and topsoil should be returned to its original location and a process of soil cultivation enacted to return the soil to a state suitable for agricultural use. Site surveys should be conducted before and after decommissioning to provide clarity on the remediation work required. Stored soil should be returned to the area of the site where it was sourced and the original soil profile reinstated. 58 Given the advances in the efficiency of the technology associated with BESS developments, the footprint of the project has been reduced in 40% (number and size of equipment, and therefore occupied land) since the PAN was submitted. Furthermore, it is fully anticipated that, by the time that the proposed BESS is commissioned in 2027, further advances in BESS technology will result in a further reduction in the overall footprint of the development, and therefore, less of an uptake of prime agricultural land. This, combined with the locational need for the development close to the existing electrical substation, in addition to any carbon offsetting potential, outweigh any impact on landscape values and agricultural use. Furthermore, this substation has unconstrained capacity to import and export the electrical energy required. 59 Notwithstanding the above, Policy 33a of LDP2 and Policies 1, 2 and 11 of NPF4 specifically encourages low carbon energy solutions where specific grid connection or the use of established infrastructure can occur. Therefore, on balance, and given the site-specific reasoning for the location of the battery storage unit, the proposed development can be supported. Furthermore, consideration must be given to the finite lifespan of this facility. Whilst the overall operational life will be some 30 years, minimal disturbance to the site will be required, allowing the pre-existing land use to resume afterwards. Design and Layout 60 LDP2 Policy 1: Placemaking, requires that development must contribute positively to the quality of the surrounding built and natural environment. All development should be planned and designed with reference to climate change, mitigation and adaptation. The design, density and siting of development should respect the character and amenity of the place. 61 The proposed development comprises of a battery energy storage system (BESS) contained within a fenced compound and surrounded by proposed. The 17 no. battery containers and the rest of equipment will be mounted on concrete beams arranged in a linear fashion across the site in rows. There will be approximately 6m between each container. The layout of the proposed BESS includes both inverters and transformers. A total of 17 inverters and transformers will be erected and spread across the site. A substation, split in to two separate Page 38 of 160
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buildings are proposed to the southeast side of the site a control room. The inverters are components stored in cabinets which are pale grey or green in colour and approx. 7,40m length x 2.0m width x 2.2m height. The transformers are smaller units of 2,40m length x 2,40m width x 2,1m height. 62 The sub-station will consist of pre-fabricated cabins depending on the requirements from the Distribution Networks Operator (DNO). One cabin will be for the internal connection of the electrical output from the site, with the other required by the DNO for connection into the wider electricity network. A control room will be situated next to the substation buildings near the southern boundary of the site. The control room will be a single storey building and will measure up to 26m length x 7m width x 2.9m height which is dark green in colour. A battery storage racks will take the form of independent, single storey containers and will measure up to 27,8m length x 3,1m width x 3.8m height. 63 The compound will be surrounded by a 2.75m palisade green fence, and all equipment mounted on concrete beams. The surface of the compound will be finished with aggregate, with a stronger base proposed for during construction and maintenance of the proposed development. Infra-red security cameras will be located around both sites, at a height of approximately 4.2m. 64 Landscaping is proposed, including native planting, around the site perimeter including a 10m wide continuous border of native scrub and tree planting. Full details of this have not been submitted but this can be controlled through a suitably worded planning condition (condition 13). Access to the site will be taken via a new access track which is approximately 5metres at maximum width, finished in gravel with associated drainage ditches. This access track will connect to the existing road at Jamesfield. The track will be contained fully within the red- line site boundary of this application, however the exact coordinates of the route and impact upon existing trees and hedgerows is yet to be determined. This can be controlled via a pre-commencement planning condition (condition 18). Landscape and Visual Amenity 65 Perth and Kinross Council LDP2, Policy 39: Landscape states that development and land use change should be compatible with the distinctive characteristics and features of Perth and Kinross’s landscapes. Accordingly, development proposals will be supported where they do not conflict with the aim of maintaining and enhancing the landscape qualities of Perth and Kinross. 66 In this instance, the development site is currently an agricultural field and is not located within the Green Belt or any other designated landscape areas. A ”Landscape and Visual Overview” has been provided which considers the individual application itself will not have a significant landscape or visual impact. These impacts are primarily from the Ochil Hills LLA and from the core path network. Page 39 of 160
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67 In addition, further information has been provided in an “Landscape & Visual Overview Addendum”. This document acknowledges that the development would result in further change to the landscape but that the change, in the context of the existing built form components, allows for the development to be accommodated and be further softened by landscaping. It is further acknowledged that there will be a sequential impact of the development, including on views from the Ochil Hills LLA. 68 Regarding cumulative landscape effects on the Ochil Hills LLA, it is acknowledged that the landscape fabric and the aesthetic aspects of its immediate setting to the north would experience a further degree of localised change given the temporary conversion of agricultural land to renewable energy installations. However, the renewable energy schemes would be relatively small- scale in relation to the wider valley landscape and the prevailing open, agricultural character of the LLA’s setting would remain intact. No physical change would occur on the Ochil Hills LLA. However, the scale, when compared with the wider landscape, along with the separation from any existing and planned infrastructure, is sufficient to retain the appearance of a farmed landscape. 69 Furthermore, the localised landscape setting is partly characterised by existing built form components, road and rail infrastructure, as well as overhead visual elements such as cables and pylons. These elements are considered to have had an impact on the rural character of this landscape. It is therefore considered that the local landscape setting has some capacity to accommodate such development of a temporary nature as the type proposed. In addition, the landscape proposals for the proposed development will physically and visually integrate the scheme into the local landscape, utilising appropriate native species to further mitigate any cumulative effects arising from the proposals. Overall, it is considered that other impacts from viewpoints over the local character area are too distant to be significant. 70 A Landscape and Visual Impact Assessment (LVIA) has been submitted, and impacts from the various viewpoints have been analysed and it has been determined that the majority of the impacts will be minimalised by the topography of the landscape, the existing vegetation and the presence of local electricity transmission infrastructure. Furthermore, any significant visual impacts from local core paths can be mitigated with sensitive landscaping. However, as a result of this proposed development, there will still be an impact on the rural, productive nature of the landscape at ground level, but this localised impact is, overall, considered acceptable. In light of the above, a condition (condition 15) has been included that the final landscaping scheme is planted and maintained for the life of the development, and at an appropriate height to ensure that views from the Core Path and views to the Sidlaw Hills are retained. In light of the above, the proposed BESS is in accordance with LDP2 Policy 39: Landscape and NPF4 Policy 4: Natural Places. Page 40 of 160
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71 NPF4 5(b) requires applicants to demonstrate how the footprint and design has minimised any potential impact. The applicant has stated that the footprint has been reduced by 40% from the PAN but that there is a high possibility that the site could be reduced further by the time the project is developed. The landscape plan sets out a minimal use of hardstanding. Soils 72 The site is on prime agricultural land (class 2). NPF4 Policy 5 provides for essential infrastructure on prime agricultural land provided that the layout and design of the proposal minimises the amount of land that is required. In this instance, a draft Soil Management Plan has been submitted which is suitable to minimise impact on soils and retain soils on site. However, a condition (Condition 16) has been included requiring an updated soil management plan to be submitted, prior to the commencement of development. 73 Furthermore, an analysis of all available Class 3 land has been submitted. The report states that areas of 3.2 land south of the proposal are inappropriate due to topography and another area close to the Tay is also unsuitable. The closest area of 3.2 land (marked as area B) is flat agricultural land near Cordon farm. The report states that the vast majority of this field is not classified as flood risk but that as it is flat it is still at risk of flooding. SEPA 2023 river flood maps show this area as not at even low flood risk as river flooding is contained to the north of the River Earn. 74 Subsequently, the applicant has provided information to confirm that the landowner of the non-prime land has been contacted and not shown an interest in hosting the development on this land. A further condition (Condition 17) has been included to ensure that the site is reinstated as soon as the proposal has ceased to be operational for a period of 12 months. Therefore, this land does not need to be considered as an alternative to the proposed site. In light of the above, the proposed BESS is considered to be in accordance with LDP2 Policy 51: Soils and NPF4 Policy 5: Soils Residential Amenity 75 LDP2 Policy 56: Noise Pollution states that there will be a presumption against the siting of development proposals which will generate high levels of noise in the locality of existing or proposed noise sensitive land uses and similarly against the locating of noise sensitive uses near to sources of noise generation. In this instance, there are residential properties within proximity to the proposed BESS, located to the north, southeast and southwest. PKC Environmental Health Noise / Odour initially objected to the proposals as insufficient information had been provided to demonstrate that the application site was a suitable location for the proposed development. It was not possible for Environmental Health to complete an appraisal of the application until a cumulative noise impact assessment has been undertaken. In light of this, a revised Noise Impact Assessment (NIA) was Page 41 of 160
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submitted, which includes updated inverter noise levels for day and nighttime operations and a cumulative assessment. 76 As a result of the NIA, it has been concluded that the predicted worst case external noise level at the nearest dwelling houses is below the maximum criteria for external amenity space. Furthermore, internal predicted noise levels during the nighttime period are below the maximum criteria that is considered the threshold above which sleep disturbance may occur. This revised NIA now includes a cumulative noise assessment for the potential noise contribution from the various adjacent energy developments such as SSE substation on land off Abernethy Road, BESS approved planning 22/00746/FLM, BESS approved planning 22/00832/FLL and Solar Farm 17/00487/FLL. The assessment has been undertaken assuming all schemes are operating simultaneously and is based on the noise levels at the worst affected residential properties in relation to the proposed BESS. The noise levels are below both the daytime and nighttime criteria and achieve the nighttime criteria for the standard plant noise for areas with low background levels. 77 In light of this, the proposed BESS will not result in a level of noise that will have an adverse impact on residential amenity. However, in order to ensure that any impact on residential amenity is minimised, a condition has been included to ensure that all plant and machinery is enclosed (condition 3). A further condition has been included stating a noise limit for the BESS (condition 4). Other conditions that have been included relate to noise mitigation measures (condition 8), complaints from the public (condition 5), external lighting (condition 6) and construction working hours(condition7). 78 Therefore, subject to the aforementioned conditions, the proposed development is in accordance with LDP2 Policy 56 and NPF4 Policy 29. Roads and Access 79 LDP2 Policy 15: Public Access states that development proposals that would have an adverse impact upon the integrity of any (including proposed) core path, disused railway line, asserted right of way or other well-used route and connectivity proposals identified in the Regional Transport Strategy and Delivery Plan will not be permitted. 80 In this instance, the proposed development will not have an adverse impact on public access and will not require any re- routing of a core path or right of way. Therefore, the proposed BESS is in accordance with LDP2 Policy 15: Public Access. 81 LDP2 Policy 60A: Existing Infrastructure, sees existing transport infrastructure identified, and encouragement given to the retention and improvement of these facilities provided the improvements are compatible with adjoining land uses. The new access track which is proposed will connect to the existing road at Jamesfield. This will make use of existing infrastructure. Page 42 of 160
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82 Furthermore, the access for the proposed construction route is to/from the M90 to the west via Ferryfield Road, the A913 and the A912. This will then adjoin the new access track. A Transport Statement (TS) has been submitted, which states that there will be an estimated 5/6 HGV deliveries per day at the beginning of the construction period. This will result in a relatively low level of construction traffic, which will not have an adverse impact on traffic safety or traffic flows on the surrounding road network. The TS has stated that the proposed access and route for construction vehicles will not give rise to any road safety concerns. 83 A Construction Traffic Management Scheme (CTMS) has been submitted, which shows the position and specification of signage and other control measures being proposed. Furthermore, the CTMS sets out how the construction and operational vehicular activities will be undertakes and managed. 84 Considering the above, it is considered that the proposed battery storage facility is in accordance with LDP2 Policies 15 and 60A, and NPF4 Policies 11 and 12. Drainage and Flooding 85 LDP2 Policy 52: New Development and Flooding, states that the Council supports the actions and objectives to avoid increased, reduce overall, and more generally manage flood risk in alignment with SEPA Strategies and Plans. NPF4 Policy 22 states that development proposals must have regard to the water environment, and drainage, including floodwater management, within any proposal. In this instance, the proposed development is classified as Essential Infrastructure and can be built within a flood-risk area (200yr + Climate Change) in accordance with NPF4 Policy 22a. 86 However, the proposed BESS should be designed and constructed to be operational during floods, not impede water flow and not increase the risk of flooding elsewhere. In this case, SEPA’s Surface Water Flood Map does not identify any areas of pluvial/surface water flooding within proximity of the site boundary. Furthermore, a review of SEPA’s groundwater flood maps indicates that there is no groundwater flood risk for the proposed development. 87 A Flood Risk Assessment has been submitted, which has identified all potential sources of flooding in the immediate area. The only watercourse upslope of the site is the minor unnamed watercourse / drain which runs along the eastern edge of the field. The watercourse has a small catchment area of approximately 0.23 square km and passes under the railway via a culvert of approximately 0.6m by 1.2m, which has adequate capacity during peak flood events. The minor field drain to the west of the site has a very limited catchment area and is situated downslope of the site. As such it presents no risk to the development. This being the case, the proposed BESS is neither at risk of flooding from any existing sources nor will it result in a risk of flooding elsewhere. This being the case, the proposed development is in accordance with LDP2 Policy 52 and NPF4 Policy 22a. Page 43 of 160
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88 LDP2 Policy 53C: Surface Water Drainage, requires Sustainable Urban Drainage Systems (SUDS) measures including relevant temporary measures at the construction phase. Due to the site topography, land use and underlying geology, the primary means of drainage at the site is likely to be initial soil adsorption / infiltration. Furthermore, when the field capacity of the soils is exceeded, then overland flow / runoff would shed towards the minor drainage ditch, located northwest of the site boundary. 89 The proposed drainage / SuDS scheme for the site has been developed to manage the surface water runoff from the battery storage development area. The development site will be constructed with permeable materials (e.g. crushed gravel) to allow rainwater to infiltrate into the ground, where it will be intercepted by perforated pipework. Runoff from semi-permeable / impermeable surfaces will be conveyed into a SuDS attenuation pond via a series of perforated and conventional pipework, ditches and drains. The perforated pipework and liner drainage features will convey runoff to a lined SuDS pond located in the northwestern corner of the site. The pond will provide suitable treatment and attenuation prior to discharge to the adjacent watercourse. The SuDS pond is to be lined as it will serve a dual purpose for firewater runoff storage. Given that the applicant has submitted adequate drainage drawings, design and overall strategy, the proposed BESS is in accordance with LDP2 Policy 53C. Conservation Considerations 90 LDP2 Polices 26A, 26B and Policy 7 of NPF4 are applicable to this application. In this instance, the proposed development site lies within an area that is considered archaeologically sensitive as its located within a rich archaeological landscape with evidence of activity spanning across multiple periods with particular strong evidence of Roman activity. 91 A Heritage Assessment has been submitted, which acknowledges that there is medium potential for unknown buried remains on site. Given the site’s location next to the road and the presence of existing screening from trees and other developments, the proposed BESS will have a low impact on the setting of the local Roman strongholds. However, as there is the potential for buried remains on site, as requested by PKHT, a condition (condition 9) has been included that a programme of archaeological works should be undertaken. Subject to this condition, the proposed development is considered to be in accordance with LDP2 Policies 26A, 26B and Policy 7 of NPF4. Natural Heritage and Biodiversity 92 LDP2 Policy 41: Biodiversity states that the Council will seek to protect and enhance all wildlife and wildlife habitats, whether formally designated/protected or not. All whilst taking into account the ecosystems and natural processes in the area. In accordance with NPF4, development proposals for major development will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity, including nature networks so they Page 44 of 160
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are in a demonstrably better state than without intervention. This will include future management. 93 In this instance, the submitted Ecological Appraisal is comprehensive and all methods were undertaken in accordance with best practice at the correct time of year. The submitted Ecological Appraisal contains recommendations to achieve biodiversity enhancement but lacks detail in terms of numbers and locations. For major applications, a Site Biodiversity Action Plan, which provides quantity, locations, techniques, timescales and monitoring arrangements, should be submitted. 94 However, in line with the response from the Council’s Biodiversity Officer, the submitted Landscape Strategy Plan is considered sufficient to secure the necessary biodiversity enhancement required by NPF4. Conditions have been included to ensure that the submitted Biodiversity Survey is fully adhered to (condition 10), an updated Ecology Survey is submitted (condition 11), a detailed Construction Management Scheme is to be submitted (condition 12), the Landscaping and Planting Scheme should be completed within the first available planting season (condition 13), bat , bird boxes and other biodiversity enhancement measures must be provided ( Condition 14) and that the proposed planting must be maintained for the life of the development (condition 15). Developer Contributions 95 The Developer Contributions Guidance is not applicable to this application, and therefore, no contributions are required in this instance Economic Impact 96 The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. However, the proposal will support local renewable energy generation by helping balance fluctuations of intermittent energy generation. It will assist in the creation of a national grid asset of regional significance for the Perth and Kinross area. Variation Of Application Under Section 32A 97 This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations were relating to landscape and visual impact, soils, floods and drainage. Planning Obligations and Legal Agreements 98 None required. Page 45 of 160
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Direction By Scottish Ministers 99 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 100 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 General 1. The proposed development must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed on the planning consent. Reason: To ensure that the development is carried out in accordance with the approved plans. 2. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason: This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. Environmental Health – Noise / Odour 3. All plant or equipment shall be so enclosed, attenuated and/or maintained such residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason: In order to safeguard the neighbouring residential amenity in the area. Page 46 of 160
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4. Noise from the battery storage facility shall not exceed 40dB LAeq daytime (07:00 to 23:00) and 34dBLAtq nighttime (23:00 to 07:00) when measured at the façade of any residential property. Reason: In order to safeguard the neighbouring residential amenity in the area. 5. In the event, that justified complaints for noise are received by the Council, the Applicant at their own expense, shall employ an independent and suitably qualified consultant to carry out a Noise Assessment from the development. The appointed consultant and methodology for the Noise Assessment shall be submitted to and approved in writing by the Planning Authority in consultation with Environmental Health within 28 days of being notified of the complaint. Within 28 days of approval of appointed consultant and methodology, a Noise Assessment shall be submitted outlining mitigation and recommended timescales for delivery. Thereafter, all mitigation measures shall be implemented within the timescales recommended. Reason: In order to safeguard the neighbouring residential amenity in the area. 6. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason: In order to safeguard the neighbouring residential amenity in the area. 7. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at anytime on Sundays or bank holidays. Reason: In order to safeguard the neighbouring residential amenity in the area. 8. The Noise mitigation measure in the form of a 3 metre high acoustic barrier as outlined in Section 4.2 and Figure 3 of the Noise Impact Assessment report reference J004918-7825-CW-02, undertaken by Philip Dunbavin Acoustic Ltd, dated January 2025, shall be implemented prior to the battery storage facility being brought into use. Reason: In order to safeguard the neighbouring residential amenity in the area. Archaeology 9. 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 Page 47 of 160
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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: In the interest of protecting archaeological interest within the site. Biodiversity and Natural Environment 10. The conclusions and recommended action points within the supporting Biodiversity Survey submitted and hereby approved (document 22 relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development, to the satisfaction of the Council as Planning Authority. Reason: In the interests of protecting environmental quality and of biodiversity. 11. An updated ecology survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the ecology survey approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. Reason: In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 12. Development shall not commence until a detailed Construction Method Statement (CMS) has been submitted to the Council as Planning Authority and agreed in writing in consultation with NatureScot and Scottish Environment Protection Agency (SEPA). The CMS must identify measures to prevent harmful materials entering the River Tay SAC, which could reduce water quality and lead to a damaging impact on the salmon, otter and lamprey interests. The CMS should include the following: a) pollution prevention safeguards including drainage arrangements and the possible use of siltation traps, settlement tanks and bunds b) storage and disposal of materials including the siting of stock piles, use of buffer strips and disposal methods c) construction site facilities including extent and location of construction site huts, vehicles, equipment, fuel, chemicals and materials compound d) timing, duration and phasing of construction particularly in relation to salmon and lamprey migration/spawning. Page 48 of 160
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The CMS and mitigations as agreed shall be fully implemented as part of the planning permission. Reason: In the interest of protecting the environment and sustainability. 13. Prior to the commencement of development, a detailed landscaping and planting scheme shall be submitted to the Planning Authority for written approval. The plan shall include native planting around the site perimeter including a 10metre wide continuous border of native scrub and tree planting. Thereafter, the agreed scheme shall be implemented as part of the site development programme and in the first available planting season, and thereafter maintained for the life of the development. Reason: In the interest of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 14. Prior to the completion or bringing into use of the development hereby approved, 10 bat boxes, 10 bird boxes, 10 hibernacula and 10 bee/insect hotels shall be provided within the red line boundary. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development. Reason: To increase the number of bat and bird boxes to ensure significant biodiversity enhancement. 15. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar size, species and number to the satisfaction of the Council as Planning Authority. Reason: In the interest of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 16. Prior to works commencing on site, a revised soil re-use and management plan shall be submitted to and approved in writing by the Council as Planning Authority. This Plan will include details of the storage of all soils and their appropriate re-use. Thereafter, the agreed plan shall be implemented in full. Reason: To protect soils from damage such as erosion or compaction, in accordance with LDP2 Policy 51: Soils and NPF4 Policy 5. Facility Lifespan 17. In the event the hereby approved development fails to store electricity on a commercial basis for a continuous period of 12 months, then it shall be deemed to have permanently ceased to be required. In such an event, the development, including the access track, shall be decommissioned and the relevant parts of the site reinstated within such a timescale as agreed in writing by the Council as Planning Authority. Page 49 of 160
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Reason: To ensure the facility is removed from the site at the end of its operational life, and to protect the character of the countryside, the visual amenity of the area and nature conservation interests. New Access Road 18. Prior to the commencement of development, a scheme shall be submitted to the Planning Authority for written approval, showing the precise location and specification of the new access track. This scheme shall demonstrate how the existing trees and hedgerows shall be protected, and if any loss of these trees or hedgerows is required, a compensatory scheme for replacement planting shall be included. Thereafter, the agreed scheme shall be implemented in full accordance. Reason: To ensure that the access track does not detract from the visual qualities and the landscape character of the area. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None applicable. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. 3. An application for a Building Warrant may be required. 4. This planning permission will last only for three years from the date of this decision notice, unless the development has been started within that period (see Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). Page 50 of 160
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5. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended, it is an offence to remove, damage or destroy the nest of any wild birds while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act. 6. The applicant is reminded that, should any protected species be present a license may be required from NatureScot to disturb a protected species. Failure to obtain a license may constitute a criminal act under the Habitats Regulations and penalties are severe for non-compliance. 7. This development will require the 'Display of notice while development is carried out', under Section 27C (1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. According to Regulation 41 the notice must be: • Displayed in a prominent place at or in the vicinity of the site of the development. • Readily visible to the public. • Printed on durable material. 8. 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. 9. The developer is advised to contact Sophie Nicol, Historic Environment Manager (Tel: 01738 477027) Perth and Kinross Heritage Trust, to discuss terms of reference for work required. 10. The applicant is advised that, in terms of Sections 56 of the Roads (Scotland) Act 1984, he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. Page 51 of 160
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11. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, he/she/they must obtain from the Council, to place, maintain or adjust apparatus in, or under a Road or remove apparatus from a road. Application forms are available https://www.pkc.gov.uk/article/14916/Road- and-footway-permits 12. National Gas Transmission should be consulted during the design phase and that an Earthing Report is submitted for review, and to ensure that the pipeline is not affected. 13. 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. 14. 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. 15. Details of all changes in ground levels, laying of foundations, and operation of mechanical plant in proximity to the rail line must be submitted to Network Rail’s Asset Protection Engineer for approval prior to works commencing on site. Where any works cannot be carried out in a “fail-safe” manner, it will be necessary to restrict those works to periods when the railway is closed to railtraffic i.e. by a “possession” which must be booked via Network Rail’s Asset Protection Engineer and are subject to a minimum prior notice period for booking of 20 weeks. 16. All construction works must be undertaken in a safe manner which does not disturb the operation of the neighbouring railway. Applicants must be aware of any embankments and supporting structures which are in close proximity to their development 17. The developer must contact Network Rail’s Asset Protection Engineers regarding the above matters, either by submitting an enquiry on the Network Rail website . 18. The applicant should ensure that any existing wayleaves for maintenance or repair to existing private water supply or septic drainage infrastructure in the development area are honoured throughout and after completion of the development. 19. Information regarding Construction Method Statements, as required by condition 12, can be found at: https://www.pkc.gov.uk/media/46816/River-Tay-SAC- Page 52 of 160
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Guidance- Adopted2020/pdf/River_Tay_SAC_2020_Adopted.pdf?m=637426890920130000 Background Papers Letters of representation 3 Authors Name Designation Contact Details Alan Atkins Planning Officer (Major Team) 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 28 April 2025 Page 53 of 160
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Ü Formation of a 49.9MW battery energy storage facility comprising battery storage units, ancillary buildings and equipment, access road and associated works on land 200 Metres North of Pitcurran House, Newburgh Road, Abernethy 24/01386/FLM Scale 1:25,000 Planning and Placemaking Committee - 14 May 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(i) Page 55 of 160
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Ü Formation of a 49.9MW battery energy storage facility comprising battery storage units, ancillary buildings and equipment, access road and associated works on land 200 Metres North of Pitcurran House, Newburgh Road, Abernethy 24/01386/FLM Scale 1:10,000 Planning and Placemaking Committee - 14 May 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(i) Page 57 of 160
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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. 25/118) Proposal: Erection of 42 dwellinghouses and associated works - phase 2 (change of house type and plot layout of 22/02223/AMM) Location: Scone North, Scone, Perth Ref. No: 24/01483/AMM Ward No: P2- Strathmore Summary This report recommends approval of a Matters Specified in Conditions (AMSC) application for the erection of a total of 42 dwellinghouses within the site referred to as ‘Scone North’. This Report concludes that the proposal is consistent with the Development Plan, the existing Planning Permission in Principle (PPP) consent (Ref: 16/02127/IPM) and other relevant material planning considerations. Background and Description of Proposal 1 The application site extends to an area of approximately 2.7 ha and forms part of the development site known as ‘Scone North, which extends to 63 ha and is identified within the Local Development Plan 2 (LDP2) as H29, a residential led (up to 700 dwellings) urban expansion. Planning Permission in Principle (PPP) Ref: 16/02127/IPM and an associated Section 75 legal agreement relates, with further detailed approvals in place for other phases. 2 Detailed designs have been approved through previous AMSC applications for Phases 1A and 1B. Phase 1A is complete and the development of 1B is nearing completion. 3 In addition, detailed approval has been granted for erection of 210 dwellinghouses on phase 2A (22/02223/AMM), which forms part of the area that this application comprises and remains extant. Some of the conditions of the PPP have been agreed under that consent and, due to the similarities with the current application, do not require to be revisited. The current application for AMSC will be required to be implemented concurrently with certain matters 5(1)(ii) Page 59 of 160
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previously approved under 22/02223/AMM. These matters are detailed in the assessment section of the report. 4 The developer for the previous AMSC was A & J Stephen. Persimmon has since sought to acquire this section of site, thereby requiring some amendments to the previous approval to reflect the different house types now proposed, alongside some other relatively minor changes to the layout. 5 The 42 dwellings comprise a mix of detached, semi-detached and terraced dwellinghouses. The numbers and tenure mix are: 4 x two-bedroom terraced dwellinghouses; 4 x three-bedroom terraced dwellinghouses; 15 x three-bedroom semi-detached dwellinghouses; 3 x three-bedroom detached dwellinghouses; 13 x three-bedroom with study detached dwellinghouses; and 3 x five-bedroom with study detached dwellinghouses. 6 All of the properties will have access to a private external amenity area and be finished in white render, with a grey brick basecourse and sills and grey roof tiles. The windows, doors and fascia boards will be white upvc and the rainwater goods will be black upvc. Site History 7 15/00017/PAN On 8 December 2015 PKC agreed a Proposal of Application Notice for Residential development and associated infrastructure, access, landscaping, SUDS, and open space. 8 16/00762/SCRN On 2 May 2016 an EIA screening opinion was issued by PKC advising that residential development at Scone North was EIA development. 9 16/00995/SCOP On 11 July 2016 a Scoping Opinion was issued by PKC for an EIA Report associated to a residential development at Scone North and associated infrastructure, access, landscaping, drainage, SUDS, and open space. 10 16/02127/IPM Planning Permission in Principle was approved on 18 April 2018 for Scone North’s residential development with open space, landscaping, drainage and associated infrastructure (in principle). 11 18/00758/ADV Advertisement Consent was approved on 22 June 2018 for display of signs. 12 18/00759/ADV Advertisement Consent was approved on 22 June 2018 for display of signs. Page 60 of 160
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13 18/02231/AMM Approval of Matters Specified in Conditions related to 16/02127/IPM was approved on 30 August 2019, allowing for the erection of 42 dwellinghouses, landscaping and associated works (Phase 1a). 14 19/01478/ADV Advertisement Consent was approved on 5 November 2019 for the display of a sign. 15 20/00382/FLL Full Planning Permission was approved on 8 July 2020 for the erection of 5 dwellinghouses (revised design - change of house types at plots 28, 29, 33, 34 and 35) within Phase 1a. 16 20/01416/FLL Full Planning Permission was approved on 18 November 2020 for the erection of a dwellinghouse and marketing suite (revised design - plot 3) within Phase 1a. 17 20/01614/ADV Advertisement Consent was approved on 2 December 2020 for display of a sign. 18 20/01752/FLL Full Planning Permission was approved on 12 July 2021 for Erection of 2 dwellinghouse (revised design - change of house types - plots 26 and 27) within Phase 1a. 19 21/00484/FLL Full Planning Permission was approved on 12 July 2021 for the erection of a dwellinghouse and garage (change of house type at plot 41) within Phase 1a. 20 21/00609/AMM Approval of Matters Specified in Conditions related to 16/02127/IPM was approved on 24 September 2021 for the erection of 58 dwellinghouses and 3 detached garages, landscaping, and associated works (Phase 1b). 21 21/02147/FLL Full Planning Permission was approved on 1 February 2022 for erection of a dwellinghouse (revised design - plot 39) within Phase 1a. 22 21/02196/FLL Full Planning Permission was approved on 9 February 2022 for Erection of 9 dwellinghouses (revised design - plots 45, 46, 51, 93, 95, 96, 98, 101 and 104) within Phase 1b. 23 22/00742/FLL Full Planning Permission was approved on 10 June 2022 for the erection of 6 dwellinghouses and associated works (revised design - change of house type to include sunrooms for plots 57, 60-61 and 75-77) within Phase 1b. 24 22/02223/AMM was approved on 13 December 2023 for the erection of 210 dwellinghouses, formation of landscaping, SUDS, and associated works (approval of matters specified in conditions of 16/02127/IPM) (phase 2A). Page 61 of 160
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Environmental Impact Assessment 25 The impact of the wider development site was screened for EIA (16/00762/SCRN) and it was determined that the proposal does constituted EIA development. As such an EIA Report was submitted as part of the application for planning permission in principle. Pre-Application Consultation 26 Pre-application Reference: 15/00017/PAN. Development Plan 27 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 28 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. 29 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 7: Historic Assets and Places Policy 13: Sustainable Transport Policy 14: Design, Quality and Place Policy 15: Local Living and 20 Minute Neighbourhoods Policy 16: Quality Homes Policy 18: Infrastructure First Policy 20: Blue and Green Infrastructure Policy 21: Play, Recreation and Sport Policy 22: Flood Risk and Water Management Perth and Kinross Local Development Plan 2019 30 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 Page 62 of 160
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economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 31 The principal relevant policies are, in summary; Policy 1A: Placemaking Policy 1B: Placemaking Policy 1D: Placemaking Policy 2: Design Statements Policy 5: Infrastructure Contributions Policy 14B: Open Space Retention and Provision: Open Space within New Developments Policy 15: Public Access Policy 20: Affordable Housing Policy 25: Housing Mix Policy 26B: Scheduled Monuments and Archaeology: Archaeology Policy 29: Gardens and Designed Landscapes Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity Policy 42: Green Infrastructure Policy 52: New Development and Flooding Policy 53A: Water Environment and Drainage: Water Environment Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 53E: Water Environment and Drainage: Water Supply 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 Policy 61: Airfield Safeguarding Statutory Supplementary Guidance 32 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) Page 63 of 160
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PKC Non Statutory Guidance 33 Planning Guidance - Delivery of Development Sites Planning Guidance - Planning & Biodiversity National Guidance 34 The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 35 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: PAN 40 Development Management PAN 51 Planning, Environmental Protection and Regulation PAN 61 Planning and Sustainable Urban Drainage Systems PAN 68 Design Statements PAN 69 Planning and Building standards Advice on Flooding PAN 75 Planning for Transport Creating Places 2013 36 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 37 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 38 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 39 As part of the planning application process the following bodies were consulted: Page 64 of 160
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External 40 Historic Environment Scotland (HES): No objection. The proposed development site is located within the Scone Palace Inventory Designed Landscape (GDL00338). The site would be screened in views from the centre of the estate by topography and existing and proposed policy woodland. The development is not likely to have a significant adverse impact on the Inventory garden and designed landscape. 41 Perth and Kinross Heritage Trust (PKHT): With respect to archaeology and the planning process, as outlined by NPF4, the proposed development does not raise any significant issues. No archaeological mitigation is required in this instance. 42 Transport Scotland: No objection. 43 Scone and District Community Council: Objection. 44 Scottish Water: No comments. Response to previous application advised that there was capacity at local water and wastewater treatment works. 45 Scottish Environment Protection Agency (SEPA): Initially submitted a holding objection pending further information on the detailing of the drainage. This information has now been received and SEPA will confirm their position prior to the Planning & Placemaking Committee on the 14th May 2025. Internal 46 Environmental Health (Contaminated Land): No objection. A Site Investigation Report has identified the need for remedial works to ensure the wider site is suitable for the proposed use. Condition required. 47 Environmental Health (Noise Odour): No objection. Conditions required to control construction noise and the requirement for a CEMP. 48 Transportation and Development: Initially requested some further clarification. This has subsequently been received and Transportation and Development offer no objection. 49 Structures and Flooding: No objection. Changes to house types and plot layout do not seem to have notably impacted the drainage layout and calculations. The new finished floor levels (FFL) and finished ground levels (FGL) appear to account for freeboard. Surface water flow extents appear reasonable. Any culvert exceeding 2m in diameter will require Technical Approval. 50 Development Contributions Officer: No objection. The application seeks change of house type and layout in Phase 2 of Scone North, previously approved Page 65 of 160
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under 22/02223/AMM. The comments provided with that application remain applicable and no additional contributions are required in this instance. 51 Biodiversity: No objection. Conditions required to ensure recommendations from biodiversity surveys and action plans are adhered to and implemented. An updated ecological survey will be required if works begin outwith 24 months of the approved survey. Wildlife kerbs and hedgehog highways should also be provided. 52 Community Greenspace: No objection. Representations 53 Two representations were received including from Scone and District Community Council. The main issues raised within the representations are: • Flood risk • Noise • Road safety concerns 54 These issues are addressed in the Appraisal section of the report. Additional Statements 55 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 Design Statement submitted Report on Impact or Potential Impact eg Flood Risk Assessment Drainage Strategy Report Construction Environment Management Plan Sustainability Statement Appraisal 56 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. Page 66 of 160
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Principle 57 The principle of the proposal has been established through the site’s allocation as H29 in LDP2 for a residential development. Planning permission in Principle (PPP) (16/02127/IPM) has also been granted for the development of the site for residential use, reflective of that LDP2 allocation. 58 An extant Approval of Matters Specified in Conditions (AMSC) (22/02223/AMM) is also in place for this phase of the development. The current proposal is substantially similar to the extant AMSC for this area, and the principle of the proposal is acceptable subject to compliance with the PPP, relevant development plan policies and other material considerations. These matters are considered in detail below. Design and Layout 59 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. In association, various PPP conditions also apply. 60 The layout is substantially similar to that of the extant AMSC, with the main change seeking approval for the Persimmon house types. The layout continues to follow the principles set down by approved masterplan. The proposed dwellings all seek to provide an active frontage with the majority of the houses oriented to overlook roads and areas of open space, including those fronting the primary road passing through the site from Phase 1B to future phases to the East. 61 The new house types are of an appropriate massing and scale which is commensurate with the previous approval. The proposals will add variety and visual interest to the street scene and provides a legible environment which connects the new housing effectively to the existing residential areas with an appropriate urban density. 62 The use of white render and a grey brick basecourse provides an appropriate fit with the adjacent residential development, which is of similar finishes. 63 Overall, the proposed layout, design, scale and massing are considered to comply with the Council’s placemaking policies, providing a logical and coherent development. The proposals therefore are considered to accord with the terms of PPP and the relevant NPF4 and LDP2 policies. Landscape and Visual Impact 64 The majority of the proposal is roads and dwellinghouses with parking and private garden areas. The larger areas of landscaping and open space to be Page 67 of 160
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delivered as part of the wider Scone North development is located on other phases. However, there are small areas of open space and some areas abutting the larger expanses of open space within the application site. 65 The changes to the house types to the north of plot 19 has moved the units North, which in turn has increased the area of open space to the South, allowing improved landscaping to be provided on this corner. Otherwise, the site landscaping remains broadly in line with the extant AMSC and proposes appropriate planting and boundary treatments. 66 Therefore, the proposal complies with NPF4 Policies 6: Forestry, Woodland and Trees and Policy 20: Blue and Green Infrastructure and LDP2 Polices 39: Landscape; 40B: Forestry, Woodland and Trees - Trees, Woodland and Development; and 42: Green Infrastructure. In association, the conditions attached to the PPP are also satisfied. Residential Amenity 67 Residential amenity requires to be considered under NPF4 Policy 16: Quality Homes and LDP2 Policy 1: Placemaking and Policy 17: Residential Areas as well as PPP conditions. Privacy, Daylight and Overshadowing 68 The location of the proposed dwellinghouses, relevant to both themselves and existing/approved residential properties is such that there will be no unacceptable loss of privacy or daylight or overshadowing. Noise, Vibration and Dust 69 The applicant has submitted a Construction Environment Management Plan (CEMP) with the application, which includes methods on how noise, vibration and dust will be controlled during the construction phase to ensure the residential amenity of existing properties is not adversely affected. This includes hours of working with are in line with PKC’s guideline hours for construction and vibration monitoring. Environmental Health has confirmed that they have no adverse comments subject to conditions to control construction noise and adherence to the CEMP (Condition 3). Contaminated Land 70 A Site Investigation Report submitted for the extant AMSC has identified the need for remedial works to ensure the wider site is suitable for the proposed use. Therefore, the works outlined in this report also relate to this application. 71 Therefore, the condition should be reimposed on this approval to ensure the necessary investigations and works undertaken (Condition 7). Page 68 of 160
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Roads and Access 72 In respect of the internal road layout and parking provision, PKC Transportation and Development raise no concerns. The proposed internal movement layout, including road hierarchy and associated private and public parking provision is considered satisfactory and consistent with the approach and principles adopted in the original masterplan submission and extant AMSC. Drainage and Flooding 73 The parameters agreed within the Flood Risk Assessment for the previous approval are not changed by the Persimmon site design. Therefore, the previous FRA for the site remains relevant and this matter does not need to be revisited in the consideration of this application. PKC Flooding and Structures has confirmed that the changes to house types and plot layout do not have notably impacted the drainage layout and calculations. They have advised that the new finished floor levels (FFL) and finished ground levels (FGL) account for freeboard and that surface water flow extents appear reasonable. As a result, they have no objections to the proposal. SEPA initially submitted a holding objection pending further information on the detailing of the drainage. This information has now been received and SEPA will confirm their position prior to the Planning & Placemaking Committee on the 14th May 2025. Waste Collection 74 The PPP seeks to ensure appropriate waste and recycling provision is identified and secured as part of MSC applications. In this regard there is considered to be adequate provision proposed to accommodate requirements, satisfying the conditional terms of the PPP. Natural Heritage and Biodiversity 75 In relation to natural heritage and biodiversity, NPF4 Policies 1: Tackling the Climate and Nature Crisis, 2: Climate Mitigation and Adaptation and 3: Biodiversity apply along with LDP2 Policy 41 Biodiversity. In association, several conditions attached to the PPP applications cover these issues. 76 NPF4 advises that development proposals for national or major development will only be supported where it can be demonstrated that significant biodiversity enhancements are provided, in addition to any proposed mitigation. 77 The ecological survey information submitted for planning reference 22/02223/AMM can be used to inform this application as the data is less than 24 months old. All recommendations made in the ecology and tree survey reports including the Arboricultural Impact Assessment must be adhered to in full (conditions 10 and 11). Page 69 of 160
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78 Similarly, a Biodiversity Action Plan was submitted in support of 22/02223/AMM and all actions outlined in the Plan should be adhered to in full (conditions 10 and 11). Archaeology and Conservation Considerations 79 NPF4 Policy 7: Historic Assets and Places; LDP2 Policies 26B: Archaeology and 29: Gardens and Designed Landscapes and conditions attached to the PPP application apply. 80 Proportionate archaeological trenching and investigation has been undertaken as part of the previous AMSC, with findings reported back to Perth and Kinross Heritage Trust (PKHT). No further archaeological investigation or survey work is considered necessary, within this phase. HES have also confirmed that the proposals do not conflict with or cause adverse impact on the Historic and Designed Landscape of Scone Palace. Low and Zero Carbon Generating Technologies 81 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, a Sustainability Statement has been submitted in support of the application. The Statement advises that the requirements will be met through the fabric energy efficiency of the development being designed to reduce heat demand and energy needs through providing high levels of insulation and low air permeability, with consideration for thermal bridging junctions. Photovoltaic roof panels, low voltage lighting, low flush sanitary appliances will also be installed on all properties. The proposal therefore complies with the relevant policies. Developer Contributions 82 A Section 75 legal agreement covers the 16/02127/IPM permission to ensure necessary infrastructure is delivered, including: Community Facility Delivery Contribution towards Sports Facilities, including provision towards Sports pitches and pavilion. Open Space Provision and Maintenance Compensatory Tree Planting Public Transport Improvement Affordable Housing Structure Planting Delivery Page 70 of 160
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83 The legal agreement in place adequately secures these elements and no further changes are required. 84 With specific regard to affordable housing, there were no affordable housing units proposed in this area as part of the previous AMSC. As a result, there are no affordable homes included within this proposal. The requisite provision will be delivered on other areas of the wider Scone North development. Economic Impact 85 During the construction period, jobs will be created and sustained, supporting indirect employment and revenue that this volume of construction activity will generate from employees spending on local goods and services. Longer term, additional residents to the area will support existing local employment and services in the area. Planning Obligations and Legal Agreements 86 None required. Direction By Scottish Ministers 87 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 88 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly the proposal is recommended for approval subject to the following conditions. Recommendation Approve the application subject to the following conditions: Conditions and Reasons for Recommendation 1. The development must be begun not later than the expiration of three years beginning with the date on which this approval of matters specified in condition is granted. If development has not begun at the expiration of this period, the approval of matters specified in condition lapses. Page 71 of 160
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Reason: In order to ensure the development to which this approval of matters specified in conditions relates is commenced timeously and in accordance with Section 41(1)(c) of the Town and Country Planning (Scotland) Act 1997. 2. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason: To ensure the development is carried out in accordance with the approved drawings and documents. 3. The Construction Environment Management Plan (CEMP) submitted to satisfy Condition 19 of planning permission 16/02127/IPM shall be implemented concurrent with the development. The CEMP will remain a dynamic document throughout the duration of construction and until the completion of development. The CEMP can be amended as necessary to meet best practice in terms of environment or ecology. Any amended document shall be submitted to the Planning Authority for written approval as soon as reasonably practicable citing the relevant amendment and appropriate guidance. Reason: In the interest of protecting environmental quality and of biodiversity. 4. All road gullies within 500m of a waterbody or Sustainable Urban Drainage (SUDS) pond shall have wildlife kerbs installed adjacent to the gully. 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). 5. All trees identified for retention and any peripheral trees bounding the site, which may be affected by any element of the approved development and its associated construction, (including land within the blue site area) shall be protected in full accordance with BS 5837: 2012 'Trees in relation to design, demolition and construction'. Reason: In the interest of tree protection in the interests of biodiversity and amenity of the area. 6. The detailed landscaping and planting proposal specifications as hereby approved shall be undertaken and delivered commensurate with the residential development elements and thereafter maintained to the satisfaction of the Council as Planning Authority. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar sizes and species to the satisfaction of the Council as Planning Authority. Reason: In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality and in pursuance of satisfying placemaking policy criteria of the adopted LDP. Page 72 of 160
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7. Development shall not commence on site until an evaluation for the potential of the site to be affected by contamination by a previous use has been undertaken and, as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been submitted for consideration and accepted by the Council as Planning Authority. If the preliminary risk assessment identifies the need for further assessment, an intrusive investigation shall be undertaken to identify; I. the nature, extent and type(s) of contamination on the site II. measures to treat/remove contamination to ensure the site is fit for the use proposed III. measures to deal with contamination during construction works IV. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason: In order to deal with any potential contamination of the site as a result of its former use. 8. Storm water drainage from all paved surfaces, including the access, shall be disposed of by means of suitable Sustainable Urban Drainage Systems to meet the requirements of best management practices. Reason: To ensure the provision of provide effective drainage for the site. 9. Concurrent with the initiation of the development hereby approved and for the duration of construction, a temporary surface water treatment facility shall be implemented on site and maintained for the duration of the approved development works. The temporary surface water treatment facility shall remain in place until the permanent surface water drainage scheme is implemented unless otherwise agreed in writing by the Council as Planning Authority. Reason: To ensure the appropriate management of construction surface water run-off to minimise flooding and avoid discharge of sediment/pollution to the local water environment or neighbouring property, in the interests of residential and environmental amenity. 10. The conclusions and recommended action points within the supporting ecology and tree survey reports including the Arboricultural Impact Assessment submitted and approved as part of 22/02223/AMM shall be fully adhered to, respected and undertaken as part of the construction phase of development. If works are not commenced within 24 months of the date of the ecology and tree survey reports approved as part of 22/02223/AMM, then updated surveys will be Page 73 of 160
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required to be submitted to the Planning Authority for written approval prior to the commencement of works. Reason: In the interests of protecting environmental quality and of biodiversity. 11. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, all biodiversity enhancement measures in the Scone North Phase 2A Biodiversity Action Plan (submitted for 22/02223/AMM) must be provided in full. 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. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013, as amended. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: Displayed in a prominent place at or in the vicinity of the site of the development Readily visible to the public Printed on durable material. 4. 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 Page 74 of 160
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roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 5. The applicant should be advised to contact Perth & Kinross Council Street Lighting Department to obtain technical approval for all street lighting provision. 6. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot to disturb a protected species. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are severe for non-compliance. 7. 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. 8. 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, including construction phasing. 9. No work shall be commenced until an application for building warrant has been submitted and approved. 10. There is a continued requirement for a Section 75 legal obligation associated with Planning Permission in Principle 16/02127/IPM, relating to: Community Facility delivery Contribution towards Sports Facilities, including provision towards sports pitches and pavilion Open Space provision and maintenance Compensatory Tree planting Public Transport movement Affordable Housing Structure Planting delivery. A copy is available to view on the Council's Public Access portal. 11. The applicant is advised to refer to Perth & Kinross Council's Flood Risk and Flood Risk Assessments Supplementary Guidance, and the CIRIA SuDS manual as it contains advice relevant to your development. 12. Prior to the completion or occupation of the development hereby approved, whichever is the earlier, hedgehog highways shall be created by providing access gaps in wooden fences on each plot at least 13cm x 13cm at ground level, to allow for the free movement of hedgehogs. Thereafter, the hedgehog Page 75 of 160
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highways shall be retained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority. 13. 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. 14. 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. Background Papers Letters of representation 2 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) 1 May 2025 Page 76 of 160
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Ü Erection of 42 dwellinghouses and associated works - phase 2 (change of house type and plot layout of 22/02223/AMM) at Scone North, Scone 24/01483/AMM Scale 1:15,000 Planning and Placemaking Committee - 14 May 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(ii) Page 77 of 160
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Ü Erection of 42 dwellinghouses and associated works - phase 2 (change of house type and plot layout of 22/02223/AMM) at Scone North, Scone 24/01483/AMM Scale 1:5,000 Planning and Placemaking Committee - 14 May 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(ii) Page 79 of 160
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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. 5(1)(iii) Page 81 of 160
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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. Page 82 of 160
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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 Page 83 of 160
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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 Page 84 of 160
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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 Page 85 of 160
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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. Page 86 of 160
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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: Page 87 of 160
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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. Page 88 of 160
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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 Page 89 of 160
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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 Page 90 of 160
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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 Page 91 of 160
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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) Page 92 of 160
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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 Page 93 of 160
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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). Page 94 of 160
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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 Page 95 of 160
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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. Page 96 of 160
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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. Page 97 of 160
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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 Page 98 of 160
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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; Page 99 of 160
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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 Page 100 of 160
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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. Page 101 of 160
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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 Page 102 of 160
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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 Page 103 of 160
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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. Page 104 of 160
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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 Page 105 of 160
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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 Page 106 of 160
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Ü Erection of 43 dwellinghouses, landscaping and associated infrastructure (approval of matters specified in conditions of 02/01482/IPM on land to the North of A912 At Oudenarde Bridge Of Earn 24/01961/AMM Scale 1:15,000 Planning and Placemaking Committee - 14 May 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(iii) Page 107 of 160
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Ü Erection of 43 dwellinghouses, landscaping and associated infrastructure (approval of matters specified in conditions of 02/01482/IPM on land to the North of A912 At Oudenarde Bridge Of Earn 24/01961/AMM Scale 1:5,000 Planning and Placemaking Committee - 14 May 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(iii) Page 109 of 160
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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. 25/120) Proposal: Erection of 38 dwellinghouses and 4 flats and associated works (approval of matters specified in conditions of 16/01809/IPM Phase 2a) Location: Land 40 metres north of 51 Castle Drive, Auchterarder, PH3 1FU Ref. No: 24/01757/AMM Ward No: P7- Strathallan Summary This report recommends approval of a Matters Specified in Conditions (AMSC) application related to the Castlemains area of the Auchterarder Expansion Development Framework. The application proposes details for the development of 38 dwellinghouses and four flats, together with associated landscaping, SUDS, and other works. This Report concludes that the proposal is consistent with the Development Plan and the existing Planning Permission in Principle (PPP) (Ref: 16/01809/IPM). 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 is located wholly within the wider identified extension of Auchterarder known as Castlemains and is covered under the Auchterarder Expansion Development Framework. 2 Immediately to the east of the site is the connected detailed residential proposal (ref: 24/01758/FLL) with 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. 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. 5(1)(iv) Page 111 of 160
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3 The proposal is for 38 dwellinghouses and four flats with associated SuDS and infrastructure. Of the residential units proposed, 30 will be for sale with 12 to be affordable homes. These dwellings comprise a mix of detached, bungalows, terraces and flats. The numbers and tenure mix are: 6 x five-bedroom detached dwellinghouses; 16 x four-bedroom detached dwellinghouses; 3 x three-bedroom detached dwellinghouses; 5 x three-bedroom detached bungalows; 4 x three-bedroom terraced dwellinghouses; 4 x two-bedroom terraced dwellinghouses; 4 x two-bedroom flats; 4 All will have access to a private external amenity area and be finished with white or pale render, with neutral coloured masonry and roof tiles. 5 As mentioned above, a separate application from the same applicant for a residential development has been received for the site immediately to the east. Two applications have had to be submitted separately due to part of the smaller adjacent proposal sitting outwith the red site boundary of the PPP for the wider site. As a result, procedurally that application 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 6 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) 7 08/01591/FUL Full Planning Permission was Approved On 17 October 2008 for Formation of roads and associated infrastructure 8 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) 9 16/02241/FLL Full Planning Permission was Approved On 7 June 2017 for Erection of 31no dwellinghouses 10 17/00009/PAN On 29 November 2017 for Erection of residential development formation of open space, landscaping and associated infrastructure works 11 18/00274/SCRN On 5 March 2018 for Phase 2 residential development Page 112 of 160
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12 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) 13 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) 14 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 15 20/01513/AMM was Approved On 15 December 2020 for Erection of 29 dwellinghouses, 5 garages and associated works (revised design and change of house type for plots 27-30, 36, 43, 82, 89, 107, 109, 120, 121-129, 130-137 and 139) 16 24/01758/FLL Full Planning Permission for Erection of 6 dwellinghouses, landscaping and associated infrastructure (Phase 2A) Pre-Application Consultation 17 The proposed development is an Approval of Matters Specified in Conditions (AMSC) for which Planning Permission in Principle (PPP) has previously been granted. As a result, the applicant was not required to undertake not any formal pre-application consultation with the local community on this application. Development Plan 18 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 19 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. 20 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 Page 113 of 160
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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 21 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. 22 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 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 23 Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Page 114 of 160
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Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) Supplementary Guidance - Placemaking (adopted in 2020) PKC Non Statutory Guidance 24 Planning Guidance - Delivery of Development Sites Planning Guidance - Planning & Biodiversity National Guidance 25 The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 26 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 27 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 28 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 29 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. Page 115 of 160
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Consultations 30 As part of the planning application process the following bodies were consulted: Internal 31 Structures and Flooding: Initially requested further information on SuDS maintenance and adoption which has been provided. No objections. 32 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. 33 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. 34 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. 35 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 36 Perth and Kinross Heritage Trust: No archaeological mitigation is required in this instance. 37 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. Representations 38 25 representations were received. The main issues raised within the representations are: Increased traffic and road safety Construction traffic Visual amenity impacts Page 116 of 160
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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 39 These issues are addressed in the Appraisal section of the report. Additional Statements 40 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 Surface Water Management Plan Design and Access Statement Appraisal 41 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. 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. The site is also allocated in the Local Development Plan for housing. A number of phases of the wider AEDF have been built out in previous years and the principle of the extension to the north of the town is well established. 43 The principle of the development is therefore considered acceptable, provided the proposals are compatible with the PPP and relevant policies of the development plan. These matters are considered in detail below. Page 117 of 160
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Design and Layout 44 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. 45 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. 46 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. 47 LDP2 Policy 25: Housing Mix requires 10% of homes to have two bedrooms or less. The proposed development will provide eight two-bedroom homes across 42 dwellings which well exceeds the requirement. However, this figure requires to be calculated to include the adjacent six-dwelling development of four- bedroom homes (ref: 24/01758/FLL), in which case it still exceeds the minimum requirement. Therefore, when considered together, the provision of eight two- bedroom units over a total of 48 dwellings exceeds the requirement of the policy. 48 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 49 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 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. 50 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 4). Page 118 of 160
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Roads and Access 51 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. 52 In total, 11 visitor parking spaces will be provided in small on-street clusters and in parking courts to serve this development and the neighbouring 24/01758/FLL. The provision of resident and visitor parking is considered acceptable. 53 Some objectors to the proposal have referred to the existing path that runs east- west to the north of the site 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. 54 Overall, the proposals are acceptable subject to a condition for a Construction Traffic Management Plan (Condition 3). Drainage and Flooding 55 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. 56 Due to the site topography and existing surface water sewer layout, the surface water flows will discharge to three different outlets. Plots 601-615, 626, 641-647 and Associated Roads 57 The surface water flows from these plots and associated roads will discharge to the existing surface water sewers & detention basin that was constructed as part of a previous phase to the south (ref: 18/01892/AMM). The existing surface water sewers and detention basin were sized to discharge the surface water flows from these plots and associated roads. Plots 616-625 and Associated Roads 58 The surface water flows from these plots and associated roads will discharge to an existing surface water sewer that was diverted as part of the previous phase sewer construction. Surface water attenuation and treatment will be provided within each of the individual plots, along with an at source SuDS for roads. Page 119 of 160
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Plots 627-633 and 639-640 and Associated Roads 59 The surface water flows from these plots and associated roads will discharge onto a new surface water sewer and detention basin located to the north-east of the proposed development as part of 24/01758/FLL. 60 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 61 The local development site to the east will act as buffer between the proposal and the Category C listed Castlemains Farmhouse and Auchterarder Castle, which in turn sit beyond Castlemains Farm Steading to the east. The proposal will have no impact on the special interest of the listed building or its setting. 62 Perth and Kinross Heritage Trust has been consulted on the proposal and advised that previous archaeological evaluation work has taken place as part of earlier phases of development. Therefore, no archaeological mitigation is required in this instance. Natural Heritage and Biodiversity 63 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. 64 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. 65 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 5). Low and Zero Carbon Generating Technologies 66 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 Page 120 of 160
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erection of new buildings, 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 67 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. 68 There is an existing S.75 obligation for the wider development site, which will be directly applicable to this application. The S.75 requires, amongst other things, the provision of a new junction at Shinafoot to the east 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 this particular 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). 69 The neighbouring application 24/01758/FLL will not be bound by the terms of the existing S.75, as it is a standalone application. 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 for 24/01758/FLL to ensure that the local application will also be bound by the obligations of the existing S.75 for the wider development. Economic Impact 70 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 71 As set out above, this proposal will be bound by the requirements of the existing S.75. However, as this proposal will share some infrastructure with the Page 121 of 160
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neighbouring site, which is not bound by the existing legal agreement, a new 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 72 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 73 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. 3. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Page 122 of 160
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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. 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. Page 123 of 160
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5 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. 6. The detailed landscaping and planting scheme which is hereby approved shall be completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. The approved scheme shall thereafter be maintained 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. 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 Aection 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 Page 124 of 160
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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 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. 10. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013, as amended. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: Displayed in a prominent place at or in the vicinity of the site of the development Readily visible to the public Printed on durable material. Background Papers Letters of representation 25 Page 125 of 160
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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 Page 126 of 160
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Ü Erection of 38 dwellinghouses and 4 flats and associated works (approval of matters specified in conditions of 16/01809/IPM Phase 2a) on land 40 metres North of 51 Castle Drive, Auchterarder 24/01757/AMM Scale 1:15,000 Planning and Placemaking Committee - 14 May 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(iv) Page 127 of 160
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Ü Erection of 38 dwellinghouses and 4 flats and associated works (approval of matters specified in conditions of 16/01809/IPM Phase 2a) on land 40 metres North of 51 Castle Drive, Auchterarder 24/01757/AMM Scale 1:5,000 Planning and Placemaking Committee - 14 May 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(iv) Page 129 of 160
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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 5(2)(i) Page 131 of 160
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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 Page 132 of 160
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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. Page 133 of 160
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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. Page 134 of 160
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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. Page 135 of 160
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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. Page 136 of 160
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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. Page 137 of 160
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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 Page 138 of 160
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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. Page 139 of 160
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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). Page 140 of 160
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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. Page 141 of 160
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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. Page 142 of 160
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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 Page 143 of 160
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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. Page 144 of 160
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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 Page 145 of 160
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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 Page 146 of 160
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Ü Erection of 6 dwellinghouses, landscaping and associated infrastructure (Phase 2A) on land 90 metres North-west of Castlemains Farm Steading, Auchterarder 24/01758/FLL Scale 1:15,000 Planning and Placemaking Committee - 14 May 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(i) Page 147 of 160
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Ü Erection of 6 dwellinghouses, landscaping and associated infrastructure (Phase 2A) on land 90 metres North-west of Castlemains Farm Steading, Auchterarder 24/01758/FLL Scale 1:5,000 Planning and Placemaking Committee - 14 May 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(i) Page 149 of 160
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Perth and Kinross Council Planning and Placemaking Committee – 14 May 2025 Pre-Application Report by Development Management and Building Standards Service Manager (Report No. 25/122) Proposal: Redevelopment works comprising alterations to grass football pitches to form 2 synthetic football pitches, extension to building, erection of spectator stand and associated works Location: Jeanfield Swifts Stadium, Bute Drive, Perth, PH1 3BG Ref. No: 25/00006/PAN Ward No: P12- Perth City Centre Summary This report is to inform the Committee of a potential forthcoming planning application in respect of a major development for redevelopment works comprising alterations to grass football pitches to form 2 synthetic football pitches, extension to building, erection of spectator stand and associated works at Jeanfield Swifts Stadium, Bute Drive, Perth, PH1 3BG. The report also aims to highlight the key planning policies and the likely stakeholders who would be involved in the decision making process, and to offer a brief overview of the key planning issues which are likely to be relevant to the proposal. Background and Description 1. In accordance with the provisions of the Town & Country Planning (Scotland) Act 1997 (as amended), the applicants submitted a Proposal of Application Notice (PoAN) on 24 March 2025. The purpose of this report is to inform the Planning and Placemaking Committee of a forthcoming planning application in respect of a major development for redevelopment works comprising alterations to grass football pitches to form 2 synthetic football pitches, extension to building, erection of spectator stand and associated works at Jeanfield Swifts Stadium, Bute Drive, Perth, PH1 3BG. Pre-application reports give the Committee an opportunity to raise issues which it would like to see addressed in the planning application. 2. This PoAN seeks to formally establish a major development. The exact range of uses, scale and design of the development will be arrived at during pre- application discussions. 6(i) Page 151 of 160
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Environmental Impact Assessment (Eia) 3. Due to the scale of the proposal it will require to be screened as to whether the proposal is an EIA development under the EIA 2017 Regulations. A screening request is required to be submitted by the applicant. Pre-Application Process 4. The PoAN (reference 25/00006/PAN) confirmed that two public exhibitions will be held at Riverside Stadium, Bute Drive, Perth, PH1 3BP, the first event on 1 April 2025 between 7pm and 9pm and the second event on 15 April 2025 between 7pm and 9pm. Additionally, the applicant will hold three drop-in sessions on 3, 10 and 17 April between 10.30am and 12pm. The Ward Councillors, MP’s, MSP’s, North Muirton Community Council, and North Inch and Muirton Community Council have been notified. The results of the community consultation will be submitted with the planning application as part of the required Pre-Application Consultation (PAC) Report. Development Plan 5. The Development Plan for the area comprises National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2 (2019) (LDP2). National Planning Framework 4 6. 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. 7. NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 8. 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 4: Natural Places Policy 6: Forestry, Woodland and Trees Policy 7: Historic Assets and Places Policy 8: Greenbelts Policy 13: Sustainable Transport Policy 14: Design, Quality and Place Policy 15: Local Living and 20 Minute Neighbourhoods Policy 18: Infrastructure First Policy 20: Blue and Green Infrastructure Policy 21: Play, Recreation and Sport Policy 22: Flood Risk and Water Management Page 152 of 160
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Policy 29: Rural Development Policy 31: Culture and Creativity Perth and Kinross Local Development Plan 2019 9. 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. The principal relevant policies are, in summary; Policy 1A: Placemaking Policy 1B: Placemaking Policy 2: Design Statements Policy 5: Infrastructure Contributions Policy 6: Settlement Boundaries Policy 8: Rural Business and Diversification Policy 13: Retail and Commercial Leisure Proposals 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 16: Social, Cultural and Communities Facilities Policy 17: Residential Areas Policy 26B: Scheduled Monuments and Archaeology: Archaeology Policy 29: Gardens and Designated Landscapes Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity Policy 42: Green Infrastructure Policy 43: Green Belt Policy 47: River Tay Catchment Area Policy 52: New Development and Flooding Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 55: Nuisance from Artificial Light and Light Pollution Policy 56: Noise Pollution Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Policy 61: Airfield Safeguarding Statutory Supplementary Guidance 10. Supplementary Guidance - Airfield Safeguarding (adopted in 2020) Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2020) Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Page 153 of 160
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Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) Supplementary Guidance - Placemaking (adopted in 2020) PKC Non Statutory Guidance 11. The following non statutory guidance and documents are of particular importance in the assessment of this application: Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC Planning Guidance - Planning & Biodiversity National Guidance 12. The Scottish Government expresses its planning policies and guidance through the National Planning Framework, Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. Planning Advice Notes 13. The following Scottish Government Planning Advice Notes are likely to be of relevance to the proposal: PAN 1/2011 Planning and Noise PAN 2/2011 Planning and Archaeology PAN 3/2010 Community Engagement PAN 51 Planning, Environmental Protection and Regulation PAN 61 Planning and Sustainable Urban Drainage Systems PAN 65 Planning and Open Space PAN 73 Rural Diversification PAN 75 Planning for Transport Planning Site History 14. 03/01047/FUL Full Planning Permission application was Withdrawn on 21 October 2004 for Erection of a new football pavilion and 2.4m high pitch enclosure (fence). 15. 04/02149/FUL Full Planning Permission was Approved on 12 August 2005 for Construction of a football pavilion, erection of a pitch enclosure and installation of floodlights. 16. 06/02110/MOD was Approved on 21 November 2006 for Modification of existing consent 04/02149/FUL for football pavilion. 17. 09/00702/FLL Full Planning Permission was Approved on 3 August 2009 for Install new changing room portacabins Page 154 of 160
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18. 19/01109/FLL Full Planning Permission was Approved on 3 September 2019 for Installation of 4 floodlights Consultations 19. As part of the planning application process the following would be consulted: External NatureScot Scottish Water Historic Environment Scotland Perth and Kinross Heritage Trust North Muirton Community Council North Inch and Muirton Community Council Scone Airport Internal Environmental Health Development Plan Team Development Contributions Officer Community Greenspace including Access Transportation and Development Structures and Flooding Economic Development Waste Services Biodiversity Officer Estates Key Issues Against Which a Future Application Will Be Assessed 20. The key considerations against which the eventual application will be assessed include: a. Visual Impact b. Scale, Design and Layout c. Relationship to Nearby Land Uses d. Natural Heritage and Ecology e. Landscape f. Water Resources and Soils g. Air Quality h. Transport Implications i. Tourism and Economy j. Impact on Agriculture k. Archaeology and Cultural Heritage Additional Statements Which Will Be Required 21. Should an EIA Report not be required the following supporting documents will need to be submitted with any planning application: Page 155 of 160
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Planning Statement Design and Access Statement Pre-Application Consultation (PAC) Report Leisure/Economic Impact Assessment Transport Assessment Flood Risk and Drainage Assessment Landscape and Visual Impact Assessment Tree and Woodland Survey Habitat Survey Archaeological Assessment Sustainability Assessment Conclusion and Recommendation 22. This report summarises the key issues which should be considered as part of the appraisal of any subsequent planning application which may be lodged in respect of this development and members are recommended to note these key issues and advise officers of any other issues which they consider should be included as part of the application and assessment. Authors Name Designation Contact Details Kirsty Strong Planning Support Officer 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 24 April 2025 Page 156 of 160
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Ü Redevelopment works comprising alterations to grass football pitches to form 2 synthetic football pitches, extension to building, erection of spectator stand and associated works at Jeanfield Swifts Stadium, Bute Drive, Perth 25/00006/PAN Scale 1:15,000 Planning and Placemaking Committee - 14 May 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 6(i) Page 157 of 160
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Ü Redevelopment works comprising alterations to grass football pitches to form 2 synthetic football pitches, extension to building, erection of spectator stand and associated works at Jeanfield Swifts Stadium, Bute Drive, Perth 25/00006/PAN Scale 1:5,000 Planning and Placemaking Committee - 14 May 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 6(i) Page 159 of 160
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