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21/00248/Fll

Perth and Kinross Council · 11 June 2025
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Perth and Kinross Council
Planning and Placemaking Committee – 11 June 2025
Report of Handling by Development Management and Building Standards Service
Manager
(Report No. 25/152)
Proposal: Erection of retail unit (Class 1A), formation of access, car parking,
engineering works, landscaping and associated works
Location: Land West Of 4 Pickembere, Pitheavlis, Perth
Ref. No: 21/00248/FLL
Ward No: P10- Perth City South
Summary
This report recommends refusal of the application as the development is considered
not to comply with the relevant provisions of the Development Plan and there are no
material planning considerations apparent which outweigh the Development Plan.
Background and Description of Proposal
1 This application was first referred to committee on 1 June 2022, with a
recommendation of approval on the basis of a particular approach to considering
the provisions of the Development Plan and the various material planning
considerations. The Committee agreed to grant planning permission subject to
conclusion of a legal agreement to secure contributions and the cessation of
retail use rights at Aldi’s existing Glasgow Road store. Prior to the legal
agreement being signed, the Development Plan changed through the
introduction of National Planning Framework 4. The application therefore was
returned to Committee in February 2023 to allow for assessment against the new
policies of NPF4. Committee again agreed to grant planning permission. The
legal agreement was thereafter signed and the decision notice was issued on 31
May 2023. 
2 That grant of planning permission was subsequently challenged through a
Judicial Review (JR) brought by Tesco in the Court of Session. The Court upheld
that challenge and revoked the planning permission.  The JR judgement
concludes that the proposal is not small scale or ‘neighbourhood’ development.
In relation to NPF4, Policy 28 (c): Retail, the following is further clarified, taken
from the judgement

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[56] In paragraph (c), the critical wording, for present purposes, is as follows:
“Proposals for new small scale neighbourhood retail development will be
supported where the proposed development: …” I see no reason not to
understand these words as they are stated. In order for a proposed retail
development to be supported, it requires to be both small scale and a
neighbourhood development.
[68] I agree with the petitioner that, looked at objectively, there is no way in which
a proposal for an 1800 square metre development, with 100 car parking spaces,
having a catchment area of half of the city could be said to be a “small scale
neighbourhood retail development” as envisaged by paragraph (c) of Policy 28.
3 It was also clarified that it is the retail development as a whole that must be
considered, not the net increase of floorspace from replacing the current Aldi
store at Glasgow Road. That increase from the existing store being a focus of the
reasoning to approve the application. The outcome of the JR is that the
application is returned to the Council for reassessment in light of the judgement
and any changes that have occurred in the meantime.
4 So, turning to the context, the application site is located within the settlement
boundary of Perth, on the southern edge of the city. The Aviva campus, the main
building of which is Category A listed, lies to the south in an elevated position.
Currently access to the site is from the main Aviva service road, through a vacant
area of ground to the southwest. This area was previously used as a
hotel/training centre linked to Aviva. Topography across the application site
generally falls by c.5 metres west to east, towards woodland (forming the Buckie
Braes) and a row of traditional stone cottages. To the northwest, across
Necessity Brae, is a residential area.
5 The application is for a retail development to replace the current Aldi store at
Glasgow Road.  The store proposed has a gross external floor area of 1,903
sq.m, of which the internal net floorspace (customer area) will comprise 1,315
sq.m. The net retail sales area will be 1,160 sq.m. This compares with the
existing Aldi store on Glasgow Road which measures 1,231 sqm gross, and has
a 660 sqm net retail sales area. The proposals therefore represent a c.500 sq.m
uplift in sales floorspace (a slight reduction in the area from the original plans due
to revisions in the way internal sales floor space is calculated).
6 The plans also include a new access junction from Necessity Brae, parking
facilities, retaining structures and landscaping.
Site History
7 08/00122/OUT Outline planning permission (OPP) was approved on 15 August
2008 for a mixed use development comprising residential, hotel with associated
public house/restaurant, care home and offices with associated car parking,
internal access roads and adjusted site levels.

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8 14/00269/AMM related to the above parent permission and a subsequent Section
42 consent (11/00933/FLM) saw the matters specified in conditions considered
and detailed permission approved on 12 September 2014 for the residential
aspects of the OPP.  This permission was then implemented, the result being the
development now present on the north-west side of Necessity Brae.
Pre-Application Consultation
Pre application Reference: 20/00447/PREAPP
9 The proposed development falls below the relevant thresholds and is therefore
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 formally submit information to and gain approval
from the Council in relation to pre-application consultation with the local
community.
Development Plan
10 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
11 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. It is also a more recent
position on planning policy considerations than Local Development Plans which
predate it.
12 The Council’s assessment of this application has considered the following
policies of NPF4:
 Policy 2: Climate Mitigation and Adaptation
 Policy 3: Biodiversity
 Policy 6: Forestry, Woodland and Trees
 Policy 7: Historic assets and places
 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 22: Flood Risk and Water Management
 Policy 23: Health and Safety

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 Policy 27: City, Town, Local And Commercial Centres
 Policy 28: Retail
Perth and Kinross Local Development Plan 2019
13 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, although a
number of years older than NPF4, and is augmented by Supplementary
Guidance.
14 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 7A: Employment and Mixed Used Areas: Business and Industrial
 Policy 13: Retail and Commercial Leisure Proposals
 Policy 15: Public Access
 Policy 17: Residential Areas
 Policy 27: Listed Buildings
 Policy 32: Embedding Low & Zero Carbon Generating Technologies in New
Development
 Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and
Development
 Policy 41: Biodiversity
 Policy 52: New Development and Flooding
 Policy 53B: Water Environment and Drainage: Foul Drainage
 Policy 53C: Water Environment and Drainage: Surface Water Drainage
 Policy 55: Nuisance from Artificial Light and Light Pollution
 Policy 56: Noise Pollution
 Policy 57: Air Quality
 Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals
Statutory Supplementary Guidance
15
 Supplementary Guidance - Air Quality (adopted in 2020)
 Supplementary Guidance - Developer Contributions & Affordable Housing
(adopted in 2023)
 Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted
in 2021)
 Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020)
 Supplementary Guidance - Placemaking (adopted in 2020)

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PKC Non Statutory Guidance
16
 Planning Guidance - Planning & Biodiversity
 Supplementary Guidance - Renewable & Low Carbon Energy (draft)
Other material considerations
Perth and Kinross Retail Study February 2023
17 This study provides an evidence base to assist PKC with its work on the
Development Plan and to assist in assessment of retail applications and review
related economic development framework.
Getting the Right Change – Retail strategy for Scotland - March 2022
National Guidance
18 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
19 The following Scottish Government Planning Advice Notes (PANs) and Guidance
Documents are of relevance to the proposal:
 PAN 51 Planning, Environmental Protection and Regulation
 PAN 61 Planning and Sustainable Urban Drainage Systems
 PAN 68 Design Statements
 PAN 69 Planning and Building standards Advice on Flooding
 PAN 75 Planning for Transport
 PAN 77 Designing Safer Places
National Roads Development Guide 2014
20 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
21 As part of the planning application process the following bodies were consulted:
External
22 Historic Environment Scotland:  No objection, initial concerns addressed by
submission of a Heritage Assessment.

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23 Scottish Water:  No objection. Note that capacity is available for foul and water,
subject to an application to secure connections.
Internal
24 Biodiversity:  No objection. Advise of no impact on protected species. Concerns
raised over the removal of trees and limited amount of biodiversity
enhancements.
25 Community Greenspace:  No objection.  No conditions required.
26 Development Contributions Officer:  No objection. Advise a contribution is
required for transport infrastructure. This could be secured via a suitable legal
agreement or other mechanism.
27 Environmental Health (Contaminated Land):  No objection, no conditions
required.
28 Environmental Health (Noise Odour):  No objection. Conditions recommended
related to noise, lighting and constriction management.
29 SEPA:  No objection to proposal on flood risk, they highlight surface water issues
but note that these are for the Local Authority to consider and take a position on.
30 Structures and Flooding:  No objection. The Council’s Flood Team have
reviewed most up to date drainage information and recommend a condition
requiring SUDs.
31 Transport Planning:  No objection. Conditions recommended for construction
traffic management, road improvements and submission of travel plan.
32 Enterprise Team:  No objection. Advise that the proposals align with council
policy of encouraging investment, tackling poverty, developing a resilient
economy, promoting business creation, growth and job creation. 
Representations
33 44 representations were received: 19 in support, 22 objections, 2 neutral and a
petition supporting the development. The main issues raised within the
representations are:
34 Support
 Employment provision
 Enhances character of area
 Results in environmental improvements
 Supports economic development
 Provides a shop within walking distance/shorter car trips

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35 Objections
 Impact on Buckie Braes
 Out of character with the area
 Adverse effect on visual amenity
 Contrary to development plan policy
 Inappropriate land use
 Loss of open space
 Loss of trees
 Noise pollution
 Road safety concerns
 Traffic congestion
 Flooding
 Impact on residential amenity
36 These issues are addressed in the Appraisal section of the report.
Additional Statements
37 Screening Opinion EIA not required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment under Habitats
Regulations
Habitats Regulations Appraisal -
AA not required
Design Statement or Design and Access
Statement
Submitted
Report on Impact or Potential Impact e.g.
Flood Risk Assessment
 Heritage Assessment,
 Landscape Design Statement,
 Tree Survey,
 Planning and Retail
Statement,
 Employment Land and Viability
Report,
 Drainage Impact Assessment
inc. Flood Risk Assessment,
 Geo-Environmental
Assessment,
 Consultation Report,
 Transport Assessment,
 Ecological Survey,
 Noise Report

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Appraisal
38 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as
amended) require the determination of the proposal to be made in accordance
with the provisions of the Development Plan, unless material considerations
indicate otherwise.  The Development Plan comprises NPF4, the Perth and
Kinross Local Development Plan 2019 and statutory supplementary guidance.
The relevant policy considerations are outlined in the policy section above and
are considered in more detail below.  In terms of other material considerations,
this involves considerations of the Council’s other approved policies and
supplementary guidance.
39 In this instance, 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 Listed building or its setting or any features of special architectural or historic
interest which it possesses. 
Principle
National Planning Framework 4 (NPF4) Policy 28 – Retail
40 Policy 28(a) of NPF4 states that retail proposals require to be consistent with the town
centre first principle.  This means that retail proposals:
(i) will be supported in existing city, town and local centres, and
(ii) will be supported in edge of centre areas or in commercial centres if they are
allocated sites suitable for new retail development in the LDP
(iii) will not be supported in out of centre locations (other than meeting Policy
28(c) or 28(d).
41 The application site is not zoned for retail and is in an out of centre location
therefore it does not meet criteria (i) or (ii) above. The alternatives offered by Policy
28(c) only relates to small scale neighbourhood retail development and 28(d)
relates to island and rural areas. As such, the application can only be considered
against Policy 28(c). 
42 However, in relation to exception (c), the judgement arising from the Judicial
Review saw it concluded “that, looked at objectively, there is no way in which a
proposal for an 1800 square metre development, with 100 car parking spaces,
having a catchment area of half of the city could be said to be a "small scale
neighbourhood retail development" as envisaged by paragraph (c) of Policy 28.” It
was also clarified that it is the retail development as a whole that must be
considered, not the net increase in floorspace which would result from the
replacement of the existing store and removal of rights for retail use at that
location.  Furthermore, the 2023 Perth and Kinross Retail Study recommends that
the forthcoming LDP3 defines small scale neighbourhood retail as comprising no
more than 500 sqm gross floorspace in total, with individual retail units measuring

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no more than 200 sqm gross. These controls would ensure development
principally serves local retail needs and is consistent with the principles of 20-
minute neighbourhoods.
43 On this basis, given its scale, the proposal does not comply with Policy 28(c) and
28(d) does not apply.  The proposal is therefore considered contrary to the
principal policy consideration in relation to retail development, Policy 28 of NPF4.
44 Policy 28, in relation to new retail needs or development, directs planning
authorities to sites allocated in the Development Plan.  In the case where there are
no existing sites that are deemed suitable it will be for the Development Plan
review to bring forward new sites, if there is identified need.  However, the
Council’s 2023 Retail Study, referenced above, has concluded that there is no
capacity/need for additional convenience retail floorspace within Perth (and more
widely Perth and Kinross as a whole).  This lack of capacity has also been further
compounded with the recommended approval of the retail foodstore adjacent to
Strathtay Road, Perth (Ref: 23/02025/FLL) where a further 1949 square metres
of retail floorspace received a ‘minded to grant’ position at the Planning and
Placemaking Committee of 12 March 2025.  Although it should be noted that that
decision has not been issued yet, as there are required developer obligations to
be secured – via either contribution or a suitable legal agreement.  In addition,
the projections for physical retail space are not positive due to a general
contraction of physical retail space requirements, as a result of a number of factors
including: the increase in online shopping and click and collect services.  Based on
the study findings the Council is not likely to identify further commercial centres/or
expand existing ones in Perth via the current LDP 3 review.
NPF4 Policy 27 Town, local and commercial centres
45 Policy 27 of NPF4 relates to town, local and commercial centres. It must be noted
that it is the intention of this policy to enhance and improve the vitality and viability
of city, town and local centres, and ensure that development proposals are
consistent with the town centre first approach.  In any case, the policy approach for
retail development in an out of centre location is clearly set out in NPF4 Policy 28
Retail, and thus Policy 27 is not considered offer significant support in this case. 
Particularly as the application site is not within a designated centre which Policy 27
otherwise relates and would have impacts on the vitality and viability of existing
centres.
NPF4 Policy 15: Local Living and 20 Minute Neighbourhoods
46 Policy 15 relates to local living and 20 minute neighbourhoods and seeks to create
compact neighbourhoods where people can meet the majority of their daily needs
within a reasonable distance of their home. 
47 In terms of Policy 15 the proposal would contribute to local living and 20 minute
neighbourhoods. However, it must be noted that the store would go beyond
fulfilling the ‘daily need within a reasonable distance of home’. Rather the store

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would provide an expansive offering and be seen more as a more significant
‘weekly food shop’ facility serving not only the local community, but to a large
extent a much wider car-based catchment. Indeed, this is identified within the
submissions supporting documents.
48 It is therefore considered that Policy 15 is not the appropriate policy to consider the
principle of a significantly scaled supermarket.  Although it is recognised that the
proposal may provide an option for daily needs, for the local catchment close
enough to walk there and back for top up items, the proposal and its overall target
market and scale cannot be considered to gain the appropriate level of support
from this policy, to outweigh the intentions of Policy 28.
NPF4 Policy 9 Brownfield, vacant and derelict land and empty buildings/Policy 26
Business and Industry
49 The principle of development on the site is supported by policy through the
employment zoning and by uses supported.  Particularly this relates to non-retail
uses, as outlined in Policy 26 Business and Industry (excluding retail). Notably an
office development was previously approved, although never progressed.
50 Policy 9 is relevant as the site formed part of a larger previously developed area
and the policy intent is to encourage, promote and facilitate the reuse of brownfield
land for necessary development.  The policy aims are to maximise existing assets
and minimise additional land take. Policy 9 a) supports proposals which will result
in the sustainable reuse of brownfield land. 
51 It is considered by the applicant that the existing store at Glasgow Road cannot
easily or in their view appropriately expand, so they would like to relocate to a
larger site and provide a store which meets their aspirations.  The existing and
proposed sites are to an extent comparable, being both out of centre and zoned for
employment uses. Although the existing location is close to the city centre, in
proximity to other retail facilities and adjacent to a main road and associated bus
route and stop. It is appreciated that the site at Necessity Brae has been vacant for
more than 20 years and has been demonstrated to have abnormal build costs
which restrict the viability of development to higher value proposals, such as a
retail-based development.  Therefore, this site is unlikely to come forward as a
viable employment site.  Although it is not considered to have adverse visual
impacts and has become largely regenerated.  
52 In this case the existing retail use would be revoked on the Glasgow Road store
and that site would revert to employment use.  The proposed development could
also be seen to revitalise a brownfield and allocated site with viability issues
(Necessity Brae) and in its place provide a more easily serviced and deliverable
employment site at Glasgow Road.  In this case the benefits of the potential return
of the Glasgow Road site to employment could be seen to comply with a number
of policies in NPF4, as it meets Policy 26 Business and Industry in location, size
and quality in terms of accessibility and services.  Although the application itself
would see the development of an employment site for retail purposes, the impact

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in land use allocation terms would be fairly neutral as it removes the Class 1 retail
use from the Glasgow Road site which also falls within an allocated employment
zoning. It is therefore considered that although development of the site for a non-
employment use would be contrary to Policy 26 Business and industry, the
unusual situation involving the revocation would see significant impacts in terms of
available ‘employment’ land such that it could be seen as a significant departure
from Policy 26 of the LDP. 
53 Therefore the proposal may comply with Policy 9 Brownfield and may be justifiable
in terms of return of the existing site at Glasgow Road to employment use.
However, that is in relation to the zoning of the site and does not consider the
nature of the use proposed. The policy for considering retail development remains
Policy 28 and as the Perth Retail Study notes there is no requirement for additional
retail within Perth and Kinross so there is not enough support to develop this site
contrary to Policy 28 Retail.
Perth and Kinross Local Development Plan 2 (2019) – Policy 13 - Retail
54 NPF4 supersedes the Perth and Kinross Local Development Plan 2 where there
are conflicts. Policy 13 Retail and Commercial Leisure is therefore no longer fully
applicable. In particular, criteria 2 is superseded, as it is no longer sufficient for a
proposal to be supported by a favourable sequential assessment, as this conflicts
with the NPF4 Policy 28.  Particularly when it comes to out of centre proposals as
they are only supported if Policy 28 criteria (c) or (d) apply as noted above.
55 The applicable parts of Policy 13 which can be considered are criteria 1 (helps
meet quantitative or qualitative deficiencies), 4 (provides improved distribution and
accessibility) and 7 (no significant impact individual or cumulative on any of the
centres).  These criteria do not directly conflict NPF4 and remain part of the
Development Plan.
56 On these criteria the Perth catchment is well served by its convenience and
comparison offer, as demonstrated by the Council's commissioned 2023 Retail
Study which projects an oversupply in retail floor space.  This a change from the
2016 study which indicated some retail capacity.  The 2022 consideration of the
application took into account the information within the 2016 Retail Study, with the
2023 Retail Study showing a differing situation and showing the speed of change
experienced in the retail industry.
57 The applicants supporting information provides contrasting data to that within the
Council’s Retail Study.  The figures within their assessment indicate overtrading by
convenience retailers and concludes that there is capacity available.  However, the
methodology within the applicant’s supporting retail assessment adopts the
approach taken within the Council’s 2016 Retail Study, which had also identified
significant levels of capacity across the Council area. The main difference being
that in 2016, the study considered overtrading as a sign of deficiency (and need for
more choice as most retail studies do) and therefore capacity to accommodate
further floorspace to address said deficiency. The applicant’s agent notes that

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comparing the 2023 and 2016 studies reveal quite different views on the
floorspaces of foodstores.
58 The applicants conclude that there is a capacity of £8.03m with the proposal’s
turnover being £4.75m.  Additional inflow is then considered, with this assumed to
be 5% of the total, based on the percentage within the Council’s last two retail
studies which vary from 3% -6%. This 5% inflow generates a further £11.59m and
would derive from visitors from elsewhere in Scotland and further afield given
Perth’s location as an entry point into the Scottish Highlands via the A9. The 2016
Study found visitors came from Stirling, Dundee and beyond Scotland with over
£11.59m flowing into the area. Overall, this results in the applicants view that there
is a residual capacity of £19.62m which they assert is closer to the findings of the
2016 Retail Study. They consider this to be a more accurate projection than the
alternative methodology employed within the 2023 Study, given that this did not
consider overtrading. With this finding, the applicant considers that there is a
quantitative deficiency within Zone 1.
59 It must also be acknowledged that more recently an additional Class 1 retail
proposal at Crieff Road has been recommended for approval at the March 2025
meeting of the Planning and Placemaking Committee.  This therefore adds
additional retail floorspace which the 2023 Council Retail Study stated was not
required.  The applicant has acknowledged this within their statement and figures
and even with the Lidl store approved they continue to be of the opinion that there
is still capacity for the Aldi store uplift. 
60 The information supplied within the submission has been put to the consultants
who prepared the 2023 Council study. The PKC commissioned retail study
forecasting oversupply of convenience retail space (and comparison).  There is no
distinction between discount and non-discount retailing – or between real or
perceived value/cost differences between operators.  In addition, discount or
value retail offerings are not, of their own, a separate planning use class. It is also
the case that many, if not almost all, mainstream retail operators have ranges to
meet this and indeed all section(s) of the market.  However, even if overtrading
were an issue the Councils consultant confirms it is marginal and even if included
wouldn’t change the overall projected negative figures. In this case there is a
differing methodology and outcome but as the Council study is independent and
not related to any individual retail interest, such as that under consideration, it is
not proposed that the Council would change its view and depart from the position
taken within the study it has seen undertaken.
61 In this context there is no identified or obvious quantitative or locational
requirement for an additional food store at the site.  It must also be stressed that a
perceived need for additional ‘discount/value’ provision to provide wider choice is
not a relevant planning consideration.  It is, however, the case that there are
already a wide range of choices for shoppers across Perth and Perth and Kinross
more widely, with various different offerings to serve different segments of the
population. Overall, the Perth catchment is considered to be well served by its

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retail (convenience and comparison) offer and these conclusions are supported by
the Council's 2023 Retail Study.  
62 The proposal would therefore not satisfy criteria 1 (helps meet quantitative or
qualitative deficiencies) or 4 (provides improved distribution and accessibility).
63 In relation to criteria 7 (no significant impact individual or cumulative on any of the
centres) as outlined above there is considered to be sufficient availability and
choice in Perth and to an extent more widely.  In addition to the local centres in
Oakbank Road/Alder Drive, West Mains Avenue and Broxden services, there is
important convenience retail provision within the city centre, and some good edge
of centre/commercial centre provision. Morrisons, B&Ms, and the Foodstore at St
Catherine's Retail Park all encourage linked trips with the city centre and thus have
enhanced economic impact. In terms of the impact on the city centre there is a
need to consider the St Catherine’s commercial centre because it is edge of the
city centre and has this key role for linked trips.  
64 The updated retail study suggests in relation to neighbourhood centres that, ‘those
that are small / weak and sit in the shadow of large foodstores appear to be most
likely to struggle’. The Development Plan policy team consider an approval of an
Aldi store is likely to negatively impact on local neighbourhood provisions rather
than complement it. However, in this case it should be noted that the closest
undesignated retail offerings are a significant distance from the site. The closest is
at Broxden Services which due to its petrol station offering the resultant trade
mainly from passing motorists would not likely be significantly impacted by the
development of the site.  Oakbank Road/Alder Drive and West Mains Avenue are
also a considerable distance from the application site so the store would be
unlikely to draw away significant trade, if the principles of 20 minute
neighbourhoods and sustainable travel are prioritised by shoppers.
65 In this case as the site is within an underserved area of Perth the proposal may not
significantly impact the neighbourhood centres but the location well away from the
town centre, based on the position of the 2023 Retail Study, could detrimentally
impact the city centre/edge of centre offering.  This particularly as the scale of
offering proposed is significant and designed to serve a large catchment who
would currently access those existing retailers, in existing identified centres,
especially in the context that there is no new uplift in spend or patronage predicted.
In essence the proposed store would draw trade away from existing retailers and
impact their vitality and viability with limited if any positive overall impact.
66 This view has changed since the previous assessment of the proposal in 2022, as
the 2023 Retail Study revises the retail projections and the proposal therefore no
longer gains significant support from Policy 13 of LDP2.

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Policy conclusion
67 The proposal is contrary to Policy 28: Retail of NPF4 which is the most up to date
position on retail policy in Scotland and therefore the key factor in determining this
application. 
68 The proposal is therefore considered contrary to National Planning Framework 4,
Policy 28, as the proposal is for a significantly sized supermarket in an out of
centre location which does not meet either of the policy exceptions: (c) for small
scale neighbourhood retail facilities, or (d) for island and rural facilities. It also is
contrary to LDP2, Policy 13: Retail and Commercial Leisure as it does not address
any qualitative or quantitative deficiencies as demonstrated in the 2023 Retail
Study and that there would likely be a detrimental impact on the city centre.
Material Considerations
69 There is however some support for the proposal. Section 25 of The Town and
Country Planning Act (Scotland) 1997, as amended, requires planning applications
to be determined in accordance with the Development Plan unless material
considerations indicate otherwise.  As outlined above, the proposal is clearly
contrary to the Development Plans main considerations.  However the existence of
support in letters of representation is not considered to be a significant material
planning consideration, which would merit departure from the Development Plan. 
Also, whilst there is a perceived need for discount/value foodstore provision, this is
also not considered to be a relevant test or planning consideration in relation to the
determination of this planning application. Particualrly, retail policy does not allow
for a differentiation between retail offerings or operators, rather it is the use class
which is considered and the assessment required to be made without reference to
a specific operators business model/offering. Operators can, of course, change
after the grant of planning permission without any further consideration being
required. This allowing any retail operation to occupy the building if it were
approved. So it must be remembered that the presence of supporting
representations is not considered to outweigh the above policy concerns.
70 The supporting information indicates that all existing employees at Glasgow Road
would be transferred to the proposed new store with an opportunity for 10 new
jobs. It will also provide additional employment during the construction process. 
Whilst job creation is welcomed the number of new jobs/related temporary jobs is
limited and would not be enough to set aside the primacy of the Development Plan
policy. It must also be noted that it is accepted that there could be potential
impact on existing retail provision, impact on footfall in the city centre, and thus
adversely impact on employment elsewhere. So the overall economic benefit of
the proposals are unclear.
Design and Layout
71 The proposed retail unit with car parking, servicing and landscaping sees a single
storey building located to the south of the site with the service area contained to

Page 15

the rear.  The access is to the west onto Necessity Brae and the carpark lies to
the north/northwest. 
72 The building has a simple rectangular floor plan with a low mono-pitch roof.  The
site, due to the sloping topography, requires land engineering works to increase
levels and create a platform for development. The building would be sited in the
southern part, where no significant increase in levels are required. Where the
levels require to be increased and retained, to a maximum height of c.4.95m (to
the north/east) carparking areas would be provided.  The platforming and cut and
fill of sloping sites is not uncommon and can include the use of masonry/
concrete retaining walls, gabion baskets or a crib lock structures. However, the
approach proposed seeks to mitigate the impacts and provide a softer solution
via the use of ‘Tensar Greenslope’, which is a naturally vegetated, steep-slope
earth retaining system.
73 The building’s finishes are timber cladding to walls and the roof finished in green
coloured panels, to tie in with the natural character of the site and the immediate
context of the woodland backdrop.
74 The design, siting and materials are considered to be acceptable and comply
with the design policies of LDP2 and NPF4.
Residential Amenity
75 The proposed opening hours of the store are between 8am and 10pm, Monday
to Saturday and 9am to 8pm on Sundays.
76 The site sees the closest residential properties to the east at 1 to 4 Pickembere
(Low Road) and then to the northwest (separated by Necessity Brae) where
there are flatted properties at Arthur Park.
77 The store and its service yard are located to the south of the site set at the
furthest point from these dwellings.  The car park is however sited closer to 1 to 4
Pickembere. 
Air Quality
78 The site is within the Perth Air Quality Management Area (AQMA) and an Air
Quality Assessment (AQA) supports the application.  The AQA aligns with the
submitted Transport Assessment and has used the traffic data from the recently
produced Systra 2019 baseline traffic model for Perth.  In line with the Institute of
Air Quality Management impact descriptor the AQA concluded that the impact
from the proposed development will be insignificant for all pollutants.
79 A dust assessment was also undertaken to assess construction phase impacts
and concluded that dust generated from the site construction activities would be
low risk.

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Noise
80 The submission is also accompanied by a Noise Impact Assessment (NIA) which
assesses noise from the proposed car park, store service area, fixed plant noise
sources and deposit return scheme facilities.
81 The NIA concluded that no additional mitigation noise control measures would be
required. As the development is not likely to have a detrimental effect on the
existing residential amenity at closest dwellinghouses for both daytime and night-
time as target criteria levels are not exceeded. 
Lighting
82 The carpark would be at a higher level than the current ground level, as a result
of site level works.  However, the retaining structure would form a pediment
enclosure to the boundaries which will screen car headlights.  An overall lighting
scheme for the carpark could be required by condition, to ensure screening.
83 While this application is recommended for refusal, if the application is approved,
a number of conditions are recommended with regard to construction
management, noise, servicing and delivery times and lighting to protect the
amenity of existing residential dwellings.
84 Overall in relation to residential amenity the proposal could be seen to comply
with the applicable policies of both LDP2 and NPF4.
Contaminated Land
85 Site investigations have been undertaken to support a previous application
covering a larger land area (but which included the application site). This saw no
identified constraints to the site’s redevelopment.
Roads and Access
86 The proposed vehicle and pedestrian access is to be formed directly onto the
B9112 (Necessity Brae).  The site-specific developer requirements of LDP 2
states that connection is to be made to the core path network to east.  However,
this is not included in the proposal, due to the change in levels which would
require a substantial stepped/ramp access and also reduce the potential for
landscaping/compensatory planting.   It is also considered that the link would
offer little benefit, as the Buckie Braes lead out of Perth and do not connect any
residential areas.  As such this aspect is not considered necessary.
87 The site would be served by 100 parking spaces, including 8 accessible (two of
which would see electric vehicle charging points (EVCP)) along with 9 parent and
child spaces, and 4 EVCPs, (2 at accessible spaces and 2 at other spaces).
Furthermore, ducting will be provided within the car park for a further 16 EVCPs

Page 17

should the need arise in the future. Cycle stands would also be installed at the
shopfront, for up to 10 bicycles.
88 The delivery regime for Aldi stores generally involves the following: one to two
HGV deliveries (16.5m vehicles) and a smaller milk delivery (small rigid truck)
each day.  The HGV would drive forwards into the site, manoeuvre in the loading
bay, and then exit the site in forward gear.
89 To facilitate the vehicle access into the site, the proposal is to relocate the
southwest bound bus stop on Necessity Brae. 
90 Trip generation information for the development, shows that there will be a
number of new trips and pass-by trips attracted to the store. Therefore if
permission was to be grated there are a number of matters which would require
to be subject to suitable planning conditions.
91 With approximately 300 residential properties to the northern side of Necessity
Brae, it is considered that a signalised pedestrian crossing should be provided to
enable residents to cross and access the proposed Aldi store. 
92 The footway on the southern side of Necessity Brae is currently slabbed and the
development would result in increased footfall, such that any approval sees it
recommended that an alternative material is considered, such as a Hot Rolled
Asphalt.  This to improve evenness and navigation, such as by those with visual
impairment.
93 With the large employer of Aviva to the southwest, it is recommended that the
footway to the west of the proposed vehicle access should be extended round
into the site, to a point where there is gas meter housing, to reduce the conflict
between pedestrians and vehicles.
94 Proposed ‘yellow box’ junction markings shall be subject to further discussion
with Perth & Kinross Council and Police Scotland, therefore the implementation
of the yellow box markings would not be approved through this planning
application and rather a suitable condition applied to any consent. 
95 If the applications were to be supported conditions would be required in relation
to the installation of a crossing, cycle parking spaces, footpath layout/resurfacing.
96 Overall, the proposal is considered to comply with LDP2 Policy 60 and NPF4
Policy 13, as far as they relate to roads and access matters.
Drainage and Flooding
97 The application is supported by a Drainage Impact Assessment which includes a
Flood Risk Assessment.  This sees the site not identified within an area of flood
risk, but there are known surface water flooding issues within the area.  Despite
this, there is no requirement to formally consult SEPA on matters relating to

Page 18

development proposals where the only source of flood risk is surface water. In
such instances SEPA refer planning authorities and developers to their standing
advice.  The applicant has provided an update in relation to more recent letters of
representation which raised flood risk. 
98 The development will increase the impermeable area within the site boundary. 
However, the site currently sees surface water drainage essentially unmanaged
and thus contributes to the downstream catchment at an unrestricted rate both
through a pipe connection to the watercourse and overland runoff.  As a result of
the proposed development the discharge rate has been calculated for all storm
events up to the 1 in 200 year +39% climate change. In this regard the data
provided demonstrates that here is an overall betterment which would result post
development, as the outflow would be restricted to rates below the current
calculated levels.
99 Reference has also been made to an existing surface water sewer which crosses
the site. The drainage consultant confirms that the sewer can only flood from
manholes located outside the site boundary. The development of the site would
therefore not change the current situation and the flow path from this sewer will
remain unchanged. In addition, as set out above, the flood risk will be reduced
due to the reduction in discharge rate resulting from the proposed development. 
There is also reference to the combined sewer and the consultant confirms that
the flood flow path will not change as a result of the development.
100 The development is also to be connected to the Scottish Water network for water
and foul drainage.  Scottish Water note that the following assets are within/or
close proximity: a 225mm foul and combined sewer, 100mm surface water sewer
and a 200mm distribution main.  These have been taken into account in the
development layout and the planting scheme.
101 Although not required to be consulted, SEPA have reviewed the information and
confirm the site is not at flood risk from the Scouring Burn or the Buckie Burn,
both of which flow into the Craigie Burn.  The only advice they offer is that
surface runoff from the new development should not make flood risk downstream
on the Craigie Burn any worse, given the existing issues that exist. They note
that this is a matter for the Local Authority to comment on.  On this issue the
Council’s Flood Team have reviewed the updated information and have no
objection to the proposal, recommending standard SUDs conditions.
102 It is considered that the proposal complies with Policy LDP2 and NPF4 policies
on drainage.
Conservation Considerations
103 The site is located to the north of the category A listed Aviva Insurance Building. 
Historic Environment Scotland (HES) initially considered that the development
proposed could have a negative impact on key views from the Aviva Building in
the immediate designed landscape which slopes down to the development site.

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To better understand the potential impacts, they recommended that further
analysis of the setting was carried out to inform the design, proposed materials
and mitigation measures. Also advising that visualisations should be produced to
confirm the appearance of the building and car park in key views northwards
from the Aviva Building.
104 This information has been submitted and HES reconsulted, where they welcome
the amendments and supporting information which takes account of their
previous advice. These include a new Heritage Assessment, updated Design and
Access statement and Landscape Design Plan, and changes to the building
design. They particularly welcome the visualisations which help to show how the
building will be seen in key views from the Aviva building.
105 It is therefore considered that the proposed mitigation measures – including
changes to the roof colour and removal of cowls, timber clad elevations, and
redefining of the northern edge of the site with micro siting of new trees - will
make the building sufficiently recessive in the setting of the Aviva Building.  The
proposal is therefore considered to comply with Policy 28 of LDP2 and Policy 7 of
NPF4.
Natural Heritage and Biodiversity
106 A Preliminary Ecological Appraisal Report (PEAR) was undertaken in September
2020, in accordance with best practice guidance and was updated in August
2024.  This reflects works undertaken on the site, including tree felling, prior to
the Judicial Review overturning the initial grant of planning permission.
107 Overall, the site was assessed as providing low suitability to support protected
species and no evidence of such species was found during the survey.
108 The grassland within the site is suitable for breeding birds, although human
disturbance may limit this. As recommended in section 5:2 of the PEAR, any
vegetation clearance must be undertaken outside of the bird breeding season. 
109 The revised plans have enhanced biodiversity by including planting to tie in with
the Buckie Braes, including: native trees, pollinator friendly plants, installing a
variety of bird boxes, a bee post and pole mounted bat boxes.
110 Although the site has been cleared of trees there will be no detrimental impact on
protected species and the proposal is incorporating biodiversity enhancement. 
The proposal is therefore considered to comply with the Policy 41 of LDP2 and
Policy 3 NPF4.
Trees/Landscape
111 A significant number of trees (95) needed to be felled to enable the development
of the site and as noted tree felling has taken place following the previous grant
of permission prior to the Judicial Review.  Notwithstanding, it has been accepted

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that trees needed to be felled to facilitate the development of this site and whilst
the level of tree felling is unfortunate it must overall be weighed against the
benefits of developing a site that it is zoned for development.
112 While the tree loss is accepted, the landscaping scheme must offer acceptable
mitigation.  In this sense the initial landscaping scheme has been revised to
address concerns regarding the species chosen, etc. Also due to clarifications on
drainage wayleaves which has seen planting removed from areas where it was
previously shown.  The revised scheme also includes a small amount of planting
beyond the site boundary which the agent confirms has been discussed with the
relevant landowners.  Whilst this planting is welcomed it couldn’t be controlled via
condition or enforced and is therefore not a determining issue in relation to the
acceptability of the scheme.
113 The revised landscape plan sees 102 trees to be planted, comprising: 2 trees at
the west boundary, 46 at north, 40 at east, with 14 trees off site.  Overall, the
increase in tree numbers is heavily weighted to the east.  This provides
screening of the site to walkers accessing Buckie Braes addressing some of the
Community Greenspace comments. It also affords screening to the local
residents adjacent to the east boundary.
114 The landscaping scheme includes herbaceous planting along the boundary with
Necessity Brae, this offers benefit for pollinators but would not screen the
building.  The supporting documents note that due to wayleaves and position of
retaining slopes tree planting cannot be accommodated within this area.  It must
also be noted that in planning terms it is not necessary to hide or screen the
development. It is more important that the cumulative impacts of the proposal
can be accommodated within the landscape capacity.  It is considered that the
design of the building and colour pallet of materials (timber cladding/green roof)
will enable the building to blend with the landscape backdrop.  The use of the
Tensar Greenslope will also help integrate the retaining structures into the
landscape framework. The herbaceous planting can also contribute by providing
a green edge.
115 The landscape proposals for the site are considered to provide adequate
mitigation and to comply with the placemaking polices of LDP2 and NPF4. The
proposal is also considered to comply with Policy 40 of LDP2 and Policy 6 of
NPF4 as mitigation in the form of replacement planting has been included.
Low and Zero Carbon Generating Technologies
116 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.

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Further, NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ requires that
development should be designed to reduce green gas emissions.
117 The supporting statement details that the objective is to minimise energy needs
in development by following the Government’s Energy Hierarchy approach to
minimising energy use. This includes the innovative “heat recovery” technology
which removes 100% of a store’s requirement for heating equipment by recycling
heat from the refrigeration units.  In this case a condition could have been added
so this can be agreed formally as the details submitted don’t cover the specific
10% requirement as outlined in the policy if the application had been
recommended for approval.
Developer Contributions
118 The Council’s Transport Infrastructure Developer Contributions Supplementary
Guidance requires a financial contribution towards the cost of delivering the
transport infrastructure improvements which are required for the release of all
development sites in and around Perth. 
119 In this regard the site is located in the Perth Transport Infrastructure zone
(Appendix 3 of the Supplementary Guidance). 
120 In this regard a Section 75 Legal agreement has already been signed, following
the previous determination, securing the contributions £87,654required for the
site.
Economic Impact/Benefits
121 The submission has been reviewed by the Council's Business, Place and
Investment Team (BPIT) who have indicated that the application aligns with the
Council's corporate priorities around tackling poverty and developing a resilient
economy, promoting business creation, growth and job creation but this is only
looking at the proposal in isolation without considering the potential for adverse
economic impacts on existing retail provision, as highlighted in this report.
122 The BPIT also consider that the proposal is expected to create up to 10 new jobs
(in addition to the 18 transferred roles) plus indirect jobs via construction and the
supply chain.  They also feel that the store would provide more choice for local
people with lower prices, although these are not material planning
considerations.  They also feel that there would also be potential local supply
chain benefits.  However, they also accept that there would be potential impact
on existing retail provision, especially small independent businesses and the
proposal would likely also impact on footfall in the city centre.  Overall, whilst
there are considered to be some economic benefits associated with the proposal
these may not be positive in a wider sense and are not considered to outweigh
the fundamental planning policy conflicts which are outlined above.

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Variation of Application Under Section 32A
123 This application was varied prior to determination, in accordance with the terms
of Section 32A of the Town and Country Planning (Scotland) Act 1997, as
amended.  The variations incorporate changes to the landscaping scheme, finish
materials and submission of additional supporting documents.
Planning Obligations and Legal Agreements
124 If the application is approved, the existing s75 agreement will require to be
reviewed and, if necessary, a variation undertaken to ensure that the transport
contributions due as set out above are appropriately provided for.
Direction by Scottish Ministers
125 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
126 To conclude, the application must be determined in accordance with the
Development Plan unless material considerations indicate otherwise. In this
respect, the proposal is considered to be contrary to the Development Plan. 
Account has been taken of the relevant material considerations and none,
whether individually or cumulatively, have been found that would justify
overriding the Development Plan. Accordingly, the proposal is recommended for
refusal on the grounds identified below.
Recommendation 
Refuse the application.
Reasons for Refusal
1. The proposal is contrary to Policy 28, Retail, of National Planning Framework 4
(NPF4), specifically 28 a) iii which does not support retail proposals in out of
centre locations.  The site is in an out of centre location and is not allocated for
new retail development.  The proposal is also contrary to Policy 13 of the Perth
and Kinross Local Development Plan 2 (2019) as there is no requirement for
additional retail floorspace within the catchment, as demonstrated by the Perth
and Kinross Retail Study 2023.  The proposal will also divert trade from existing
allocated neighbourhood centres and their anchor convenience stores, to their
likely detriment.  The proposal also would encourage diversion of existing footfall
and spend away from the city centre and therefore would impact significantly on
the viability and vitality of the city centre and to a lesser degree other local
centres.

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Justification
The proposal is not in accordance with the Development Plan and there are no
material reasons which justify departing from the Development Plan.
Procedural Notes
None required.
Informatives
None.
Background Papers
Letters of representation 54
Authors
Name Designation Contact Details
Joanne Ferguson Planning Officer (Major
applications)
developmentmanagement@pkc.gov.uk
Approved
Name Designation Date
Sean Panton Team Leader (Major Applications and
Enforcement)
28 May 2025