Minute of meeting of 9 July 2025

Perth and Kinross Council · 3 September 2025
Back to Planning and Placemaking Committee — 3 September 2025 and its agenda

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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 9 July 2025 at 9.30am. 
Present: Councillors I Massie, G Stewart, K Allan, B Brawn, D Cuthbert, K Harvey,
D Illingworth, I James, I Macpherson (substituting for Councillor R Watters), Bailie
C McLaren, and Bailie M Williamson. 
In Attendance: C Morilly, S Panton, L Reid, L Jardine and K Smith (all Economy,
Development and Planning); A Brown, C Elliott, M Pasternak and R Ramsay (all
Legal and Governance). 
Apologies: Councillor R Watters 
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 
There 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
11 June 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. 
25/00104/FLM 5(2)(i)
24/01609/FLL 5(3)(ii)
25/00213/IPL 5(3)(iii) 
5. Applications For Determination 
(1) Section 36 Consultation 
(i) 25/00545/ECU36 - Installation of a 64.9MW battery energy
storage system and associated infrastructure
(ECU00005044), land 60 metres north of Abernethy
Cemetery, Newburgh Road, Abernethy (Report No. 25/181)

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Mr S Panton introduced the report and provided the following
update:
(i) A revision in the wording of Condition 19 is required as a
result of consultation with Perth and Kinross Heritage
Trust.
(ii) Due to a formatting error Informative 7 will be split into
two informatives, with the additional informative created
becoming Informative 10.
(iii) Additional Informative 11 to be added given the potential
impacts on a nearby private water supply. 
Resolved:
Offer no objection to the proposal and request the imposition of
the following suggested conditions, as amended: 
Suggested 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)
Act 1997, as amended by Section 32 of the Planning
(Scotland) Act 2019.
3.  Prior to the commencement of the development hereby
approved, details of the specification and colour of the
proposed external finishing materials to be used on all
structures and any hard landscaping 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 any part of the
development, whichever is the earlier.
Reason - In the interests of visual amenity; to ensure a
satisfactory standard of local environmental quality; to
reserve the rights of the Planning Authority.
Soils
4. Prior to the commencement of development hereby
approved, a Soil Management Plan (SMP) shall be
submitted to and agreed in writing by the Council as
Planning Authority.  The plan as approved shall be strictly
adhered to concurrent with the construction phases of the
development.
Reason - To ensure that prime agricultural land soil is not
unnecessarily sterilised or lost and in the interests of
Policy 51 of LDP2.

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Roads
5. 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 (CTMS) 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 the 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 to for 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 the 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. 
P. Details of HGV movements to and from the site.
The CTMS as approved shall be strictly adhered to
during the entire site construction programme.
Reason - In the interests of road safety.

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6. The proposed route for any abnormal loads on the trunk
road network must be approved by the trunk roads
authority in writing prior to the movement of any
abnormal load.  Any accommodation measures required
including the removal of street furniture, junction
widening, traffic management must be similarly
approved.
Reason - To ensure that the transportation of abnormal
loads will not have any detrimental effect on the local or
trunk road network.
7. Any additional signing or temporary traffic control
measures deemed necessary due to the size or length of
loads being delivered must be undertaken by a
recognised Quality Assured traffic management
consultant, to be approved by the trunk road authority
before delivery commences.
Reason - To ensure that the transportation of abnormal
loads will not have any detrimental effect on the trunk
road network.
8.  The core path 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 works shall be made
good before operation of the development.  Any
temporary restrictions to public access required to
facilitate works on site must be agreed in writing first with
the Access Officer.
Reason - In the interests of public access along the core
path.
9. Prior to the development hereby approved being
completed or brought into use, the vehicular access
junctions shall be formed in accordance with Perth and
Kinross Council’s Road Development Guide using Type
B Road construction detail. 
Reason - In the interests of road safety; to ensure an
acceptable standard of construction within the public road
boundary.
Private Water Supply
10. 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 development
being brought into use and shall thereafter be so
maintained insofar as it relates to the development
hereby approved.

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Reason - In the interests of protecting any existing
private water infrastructure and to ensure the
development compliance with the Water Scotland Act
1988.
Environmental Health
11.  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 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 interest of residential amenity
12.  Noise from the battery storage facility shall not exceed
LA90,15min background noise level plus 5dB(A) when
measured at any residential property in accordance with
BS4142:2014 including any relevant penalties for tonality,
impulsivity, intermittency, or other sound characteristics,
when measured at any residential property in accordance
with BS4142:2014+A1:2019 Methods for Rating and
Assessing Industrial and Commercial Sound.
Reason - In the interest of residential amenity.
13.  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 the interest of residential amenity.
14.  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 the interest of residential amenity.
15.  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
any time on Sundays. 
Reason - In the interest of residential amenity.
Biodiversity / Natural Environment
16. Prior to the commencement of development, a detailed
landscaping and planting scheme shall be submitted to

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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.
17.  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.
18.  Prior to the commencement of development, a detailed
Ecological Impact Assessment, including all proposed
mitigation measures, shall be submitted to the Planning
Authority for written approval.  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 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).
Archaeology
19. Prior to the commencement of the development hereby
approved, protective fencing shall be erected around
MPK20389 incorporating an appropriate buffer, insofar as
the land lies within the control of the applicant and/or
developer, in a manner and for a time period to be
agreed in writing in advance with the Council as Planning
Authority in consultation with Perth and Kinross Heritage
Trust (PKHT).  No works shall take place within the area
inside that fencing without prior written agreement of the
Council as Planning Authority in consultation with PKHT.
Reason - To ensure compliance with the preservation in
situ of known archaeology.
Floods and Drainage
20. Development shall not commence on site until a detailed
sustainable urban drainage system (SUDS) has been
submitted for the written agreement of the Council as
Planning Authority, in consultation with SEPA where
necessary.  The scheme shall be developed in
accordance with the technical guidance contained in The
SUDS Manual (C753) and the Council’s Flood Risk and
Flood Risk Assessments Developer Guidance and shall

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incorporate source control.  All works shall be carried out
in accordance with the agreed scheme and be
operational prior to the bringing into use of the
development.
Reason - To ensure the provision of effective drainage
for the site.
21.  Storm water drainage from all paved surfaces, including
the access, shall be disposed of by means of suitable a
Sustainable Urban Drainage System to meet the
requirements of best management practices.
Reason - To ensure the provision of effective drainage
for the site. 
Justification
The proposal is in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
Note
In respect of Condition 16 and a detailed landscaping and
planting scheme, it is recommended that this (i) includes the
planting of a mix of Scottish wildflower seed, and (ii) does not
include the planting of Ash due to Ash dieback. 
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 Building Warrant may be required.
4. 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.
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.
6. 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

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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.
7. The applicant is advised that the granting of planning
permission does not guarantee right of access to the site.
This should be agreed with the relevant landowner(s)
prior to the commencement of the development.  
8. 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.
9. 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.
10. This development will require the 'Display of notice while
development is carried out', under Section 27C(1) of the
Town and Country Planning Act1997, 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.
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.

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(2) Major Application 
(i) 25/00104/FLM Formation of a 22MW solar farm comprising
ground mounted solar arrays, inverters, substation,
ancillary buildings, fencing, CCTV cameras, access tracks
and associated works, land 320 metres north-west of
Peattie Farm, Kinnochtry, Coupar Angus, Blairgowrie, PH13
9LH (Report No. 25/182) 
Mr S Panton introduced the report and advised that the final
sentence of Paragraph 81 should read “SEPA indicates that this
site is at risk of fluvial flooding for all AEP events.” 
Mr D Ritchie, on behalf of Kettins Parish Community Council,
followed by Ms P Jones (via telephone), objectors to the
application and Mr J Jenkison, on behalf of the applicant,
accompanied by Mrs L Russell, planning agent, addressed the
committee, and answered Members questions. 
(The Committee took a short recess at this point) 
Motion (Councillors B Brawn and I James) 
Refuse, on the basis that the proposal is contrary to:
(i) National Planning Framework 4, Policy 5 (Soils) and
Perth and Kinross Council Local Development Plan 2
(2019), Policy 50 (Prime Agricultural Land), as the
impacts upon soils and the loss and minimisation of this
prime agricultural land has not been suitably
demonstrated.
(ii) Perth and Kinross Council Local Development Plan 2
(2019), Policies 1A and 1B(b)(Placemaking), as the
proposal is out of character with the surrounding open
countryside and does not contribute positively to the
amenity of the area. 
Amendment (Councillor K Harvey and Bailie M Williamson) 
Approve, in accordance with Report 25/182 and the revision of
Condition 7 to require an amended landscaping and planting
scheme including semi-mature planting. 
In terms of Standing Order 21.5 a roll call vote was taken. 
6 members voted for the Motion as follows:
Councillors K Allan, B Brawn, D Cuthbert, D Illingworth, I James
and Bailie C McLaren. 
5 members voted for the Amendment as follows:
Councillors K Harvey I MacPherson, I Massie, G Stewart and
Bailie M Williamson.

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Resolved:
In accordance with the Motion. 
(3) Local Application 
(i) 24/01328/FLL - Erection of 35 dwellinghouses (change of
house type) and associated works (allocated site H14), land
150 metres south-west of Kintillo Cemetery (H14), Bridge of
Earn, Perth (Report No. 25/183 (Revised)) 
Resolved:
Grant, subject to the following terms, conditions and
informatives: 
Conditions
General
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. No development shall commence until a 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;
(iv)  The timing and delivery of the affordable housing
units. 
Once approved, the development shall proceed in
accordance with the approved delivery phasing strategy.
Reason - In order to ensure the satisfactory
implementation and completion of the development.
Drainage and Flooding
4. The drainage outfall as agreed as part of planning
permission 22/02020/FLL or any other agreed in writing
scheme by the Council, shall be implemented as part of
the SUDs basin delivery and prior to the occupation of
the first dwellinghouse.

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Reason - To ensure the provision of effective drainage
for the site.
5. Prior to the commencement and completion of works, the
watercourse to the northeast of the site, which the SUDs
basin outfalls into, shall be cleared of vegetation and
debris.
Reason - To ensure the provision of effective drainage
for the site.
6. Development shall not commence on site until a detailed
sustainable urban drainage system (SUDS) has been
submitted for the written agreement of the Council as
Planning Authority, in consultation with SEPA where
necessary.  The scheme shall be developed in
accordance with the technical guidance contained in The
SUDS Manual (C753) and the Council's Flood Risk and
Flood Risk Assessments Developer Guidance, and shall
incorporate source control.  All works shall be carried out
in accordance with the agreed scheme and be
operational prior to the bringing into use of the
development.
Reason - To ensure the provision of effective drainage
for the site.
7. Concurrent with the initiation of the development hereby
approved and for the duration of construction, a
temporary surface water treatment facility which accords
with Sustainable Urban Drainage System principles shall
be implemented for the 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.
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.
8. Storm water drainage from all paved surfaces, including
the access, shall be disposed of by means of suitable a
Sustainable Urban Drainage System to meet the
requirements of best management practices.
Reason - To ensure the provision of effective drainage
for the site.
Construction
9. Prior to the commencement of the development a Dust
Management Plan shall be submitted to and agreed in
writing by the Council as the Planning Authority in
consultation with Environmental Health.  The plan shall
include measures for the control of dust, monitoring, and
complaints procedures, at the construction stages of the
development.
Reason - In order to safeguard the residential amenity of
the area.

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10. 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
any time on Sundays or bank holidays (as identified by
Scottish Government).
Reason - In order to safeguard the residential amenity of
the area.
Roads and Access
11. Prior to the occupation of any residential plot, 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 and to the satisfaction of the
Planning Authority.
Reason - In the interests of vehicle and pedestrian safety
and in accordance with the policies of the adopted
development plan.
12. Prior to commencement of works on site, the width of
Wicks O'Baiglie Road shall be widened to a minimum
width of 6 metres from south of 52 Wicks O'Baiglie Road
to a distance of 6 metres south of the vehicle access
bellmouth into the development, where the width of the
road will taper back to the original width over a distance
of at least 25 metres.  The road widening shall be
constructed to the standard and specification required by
the Council as Roads Authority to the satisfaction of the
Planning Authority.
Reason - In the interests of road safety; to ensure an
acceptable standard of construction within the public road
boundary.
13. Prior to commencement of works, a street lighting design
for any P&KC adoptable areas (including changes to the
existing streetlighting on the Meadows and the extension
of the street lighting on Wicks O Baiglie road to site
access) must be submitted for the further written
agreement of the Council as Planning Authority, in
consultation with Perth & Kinross Council’s Street
Lighting Partnership.  The scheme shall include details of
light spill, brightness of the lighting and the proposed
hours of operation.  The agreed lighting scheme shall be
implemented and maintained in full accordance with the
agreed scheme.
Reason - In the interests of road safety.
14. 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:
a. restriction of construction traffic to approved routes
and the measures to be put in place to avoid other
routes being used;

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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. monitoring, reporting and implementation
arrangements; 
n. arrangements for dealing with non-compliance; and
o. 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 interest of proper site management.
15. Prior to the occupation of the first dwellinghouse, the
developer shall install a bus shelter at Main Street
(outside the Post Office) (NaPTAN ID 73725792) with a 3
bay bus shelter 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 and specification shall be to the satisfaction
of the Council as Planning Authority, in consultation with
Perth & Kinross Council's Public Transport Unit.  In the
event that it is not possible to install at this location, an

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alternative shall be agreed in writing with the planning
authority.
Reason - In the interest of sustainable travel.
16. No part of the development shall be occupied until a
Residential Travel Plan (RTP), aimed to encourage more
sustainable means of travel, has been submitted to and
agreed in writing by the Council in consultation with
Transport Planning.  The RTP 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, the system of management,
monitoring, review, reporting and the duration of the plan.
Reason - To promote sustainable transport options and
to meet advice within Scottish Planning Policy on
transport.
17. Prior to the commencement of the development hereby
approved, full visibility splays for the vehicle access onto
Wicks O'Baiglie Road of 120 metres along the channel
line shall be provided to the left and right of the access,
at a set-back of 2.4 metres from the edge of the
carriageway, measured 1.05m above the road level to
the standard and specification required by the Council as
Roads Authority to the satisfaction of the Planning
Authority.  The visibility splays shall be physically formed
on the ground and any existing fences, walls, hedges or
other means of enclosure or obstructions within the
splays shall be removed and relocated outwith the
splays.  Once formed, the visibility splays shall be
permanently retained thereafter, and no visual
obstruction of any kind shall be permitted within the
visibility splays so formed.
Reason - In the interests of road safety; to ensure an
acceptable standard of construction within the public road
boundary.
18. Prior to the occupation of any residential plot, details of
the specification including materials of all footpaths shall
be submitted to the Planning Authority for further
approval.  The agreed detail shall thereafter be
implemented prior to the completion of the development.
Reason - In the interests of pedestrian and cycle safety.
19. The occupation of the tenth dwellinghouse of housing
allocation H14 as shown in the adopted Perth & Kinross
Local Development Plan 2 (2019), shall not occur until
the proposed footpath connection surrounding the SUDS
at the northern side of the site and linking to both
Dunbarney Avenue and Wicks O' Baiglie Road, as shown
on drawing number 22/00817/182, has been
implemented in line with the specification agreed as part
of condition 18.
Reason - In the interest of sustainable transport.
20. The occupation of the fifty-fifth dwellinghouse of housing
allocation H14 as shown in the adopted Perth & Kinross

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Local Development Plan 2 (2019), shall not occur until
the proposed footpath connection at the southern side of
the site, linking this site to both Wicks O' Baiglie Road
and The Meadows and the footpath connection to the
west of the site linking to The Meadows, opposite Ptak
Way, as shown on drawing number 22/00817/182, has
been implemented in line with the specification agreed as
part of condition 18.
Reason - In the interest of sustainable transport.
21. The Meadows shall not be used at any time by
construction traffic associated with the development,
unless otherwise agreed by the Council as Planning
Authority.
Reason - In the interests of pedestrian and traffic safety,
residential amenity.
Environment and Biodiversity
22. Prior to the commencement of development a
Construction Environmental Management Plan (CEMP),
incorporating a Construction Method Statement (CMS), a
Construction Traffic Management Plan (CTMP), a Site
Waste Management Plan (SWMP), a Site Access
Management Plan, a Drainage Management Plan (DMP)
shall be submitted for the approval of the Planning
Authority. Thereafter, the development shall be fully
undertaken in accordance with the CEMP unless
otherwise agreed in writing by the Planning Authority.
Reason - In the interests of protecting environmental
quality and of biodiversity.
23. The conclusions and recommended action points within
the supporting Ecological Survey and Biodiversity Action
Plan submitted and hereby approved (document number
80 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.
24. An updated ecological survey will be required prior to the
commencement of works, if works have not commenced
within 24 months of the date of the 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.
25. Prior to the completion or occupation of the development
hereby approved, whichever is the earlier, wildlife kerbs
shall be installed adjacent to all road gullies within
500metres of a SUDS pond or watercourse.  Thereafter,
the kerbs shall be retained in a reasonable condition for
the life of the development.

Page 16

Reason - In the interests of protecting environmental
quality and of biodiversity.
26. 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 highways shall be
retained in a reasonable condition for the life of the
development.
Reason - In the interests of protecting environmental
quality and of biodiversity.
27. 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 working day and open pipework
greater than 150 mm outside diameter being blanked off
at the end of each working day.
Reason - In the interests of protecting environmental
quality and of biodiversity.
28. All biodiversity enhancement measures listed within the
supporting biodiversity survey submitted and hereby
approved shall be provided, including integrated bat and
bird bricks.  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.
29. Prior to the commencement of any works on site, all trees
on site (other than those marked for felling on the
approved plans) and those which have Root Protection
Areas which fall within the site shall be retained and
protected.  Protection methods shall be strictly in
accordance with BS 5837 2012: Trees in Relation to
Design, Demolition and Construction.  Protection
measures, once in place, shall remain in place for the
duration of construction.
Reason - To ensure a satisfactory standard of
development and environmental quality and to reserve
the rights of the Planning Authority.
30. Prior to the commencement of the development hereby
approved, a detailed landscaping and planting scheme
for 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

Page 17

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 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.
31. The areas of public open space in the landscape and
planting drawings (as agreed by condition 31) shall be
planted in accordance with the open space standards of
the Planning Authority and completed to phase with the
adjacent dwellinghouses in accordance with a
programme to be submitted and agreed in writing by the
Planning Authority, prior to the commencement of
development.  The scheme 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 and to
reserve the rights of the Planning Authority.
32. All landscaped areas outwith the curtilages of the
dwellings and shown on the drawings to be approved in
condition 31, shall be permanently retained as such and
shall at no time be used as private garden ground nor
incorporated within the curtilage of any of the dwellings
hereby approved without the express grant of planning
permission by the Planning Authority.
Reason - In the interests of the character and
appearance of the development.
33. Prior to the occupation of the development or any phase
of the development, whichever is the sooner, a
landscape management plan, including long term design
objectives, management responsibilities and
maintenance schedules for all landscape areas (other
than small privately-owned domestic gardens) shall be
submitted to, and agreed in writing by, the Council as
Planning Authority.  The landscape management plan as
agreed shall, where appropriate, include phased
implementation concurrent with the development and
shall be fully implemented and adhered to.
Reason - To ensure satisfactory management of the
scheme.
34. 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

Page 18

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.
Waste
35. Prior to the commencement of development a site
specific plan detailing bin storage areas, kerbside
collection locations and recycling facilities shall be
submitted to and approved in writing by the Planning
Authority and thereafter undertaken in accordance with
the approved details.
Reason - In the interest of the sustainable disposal of
waste.
Contamination
36. 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.

Page 19

Reason - In order to deal with any potential
contamination of the site as a result of its former use.
Archaeology
37. 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 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.
Finishing Materials
38. Prior to the commencement of the development hereby
approved, details of the specification and colour of the
proposed external finishing materials to be used 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. 
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

Page 20

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 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.
5. 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.
6. 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.
7. The applicant is advised that in terms of Sections 21 of
the Roads (Scotland) Act 1984 he/she/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 Environment

Page 21

Protection Agency.  Please note that a fee is chargeable
for the processing of RCC applications.
8. Prior to the commencement of works a maintenance
agreement under Section 96 of the Roads (Scotland) Act
1984 shall be entered in to in respect of the C416 Wicks
O'Baiglie Road between the A912 and the M90
overbridge, a distance of approximately 1 km, whereby
the road shall be inspected on a regular basis and repairs
carried out to the timescale and standards specified by
the Council as Roads Authority to the satisfaction of
Perth & Kinross Council.
9. No work shall be commenced until an application for
building warrant has been submitted and approved.
10. 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.
11. 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 house types and
parking. 
12. 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.
13. 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
14. 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

Page 22

months of the expiry date of your permission will be able
to be dealt with before your permission lapses.
15. 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.
16. 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.
17. The applicant is advised that the granting of planning
permission does not guarantee right of access to the site.
This should be agreed with the relevant landowner(s)
prior to the commencement of the development.
18. 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. 
(ii) 24/01609/FLL - Erection of a foodstore (Class 1A) and
associated works, former Perth and Kinross Council depot,
Feus, Auchterarder (Report No. 25/184 (Revised)) 
Councillors S Carr and A Watt, Local Members in support, Mr D
Campbell (via telephone), on behalf of The Co-operative Group,
objectors to the application and Mr D Kennedy, on behalf of the
applicant, accompanied by Mr G Morris, planning consultant,
addressed the committee, and answered Members questions. 
Motion (Councillors K Allan and I James) 
Approve the application, subject to required developer
contributions, suitable conditions and informatives. 
Although the proposal is contrary to National Planning
Framework 4, Policy 28: Retail, the proposal is supported by
other policies of the development plan, namely:
(i) National Planning Framework 4, Policy 9(a): Brownfield,
Vacant and Empty Buildings – the proposal would result
in the sustainable reuse of brownfield land; and
(2) National Planning Framework 4, Policy 15)(a): Local
Living and 20 minute neighbourhoods – the proposal
would contribute to local living including the 20 minute
neighbourhood of the area. Local people will be able to
meet their daily shopping needs by a variety of

Page 23

sustainable modes of travel, including walking and
cycling. 
Councillor K Harvey moved an Amendment to refuse, in line
with the Report No. 25/184 (Revised), however on failing to
secure a seconder the Amendment fell. 
Resolved:
Grant, subject to a possible legal agreement, and the following
conditions 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 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 works on site, an
evaluation for the potential of the site to be affected by
contamination by a previous use should be undertaken
and as a minimum, a Preliminary Risk Assessment
(Phase 1 Desk Study) shall be submitted for
consideration by the Council as Planning Authority.  If
after the preliminary risk assessment identifies the need
for further assessment, an intrusive investigation should
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 agreed measures to decontaminate
the site shall be fully implemented as approved by the
Council as Planning Authority.  Validation 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.
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

Page 24

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 safeguard the neighbouring
residential amenity in the area.
5. Prior to the development hereby approved being
completed or brought into use a 2.4-metre-high acoustic
barrier shall be constructed along the western boundary
of the proposed development site in accordance to
Figures 5.1 & 5.2 of Noise Impact Assessment, ‘SSL
Auchterarder’, document reference 784-B055089 dated
September 2024.  The acoustic barrier must have a
minimum mass per unit area of 15 Kg/m2; there must be
no holes or gaps in the fabric of the barriers, and there
must be no gaps between the lower edge of the barriers
and the ground. 
Reason - In order to safeguard the neighbouring
residential amenity in the area.
6. Prior to the development hereby approved being
completed or brought into use all fixed plant shall be
within 2.4-metre-high acoustic barrier plant compound on
the east elevation of the development in line with Drawing
11.  The acoustic barrier must have a minimum mass per
unit area of 15 Kg/m2; there must be no holes or gaps in
the fabric of the barriers, and there must be no gaps
between the lower edge of the barriers and the ground.
Reason - In order to safeguard the neighbouring
residential amenity in the area.
7. Noise levels shall be limited to an internal nighttime target
noise level of 42 dB LAFmax at residential receptors.
Reason - In order to safeguard the neighbouring
residential amenity in the area.
8. Prior to the commencement of the development an
Operational Noise Management Plan shall be submitted
to and agreed in writing by the Council as Planning
Authority in consultation with Environmental Health.  The
plan shall include the procedures and mitigation
measures to control noise from the development such as
all service delivery operations of the store, plant
maintenance etc.  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.
9. In the event of a justified noise complaint being received
by the Council relating to the operation of the
development hereby approved, the operator shall, at its
own expense, employ a consultant approved by the
Planning Authority to carry out a noise assessment.  The
assessment shall be carried out to an appropriate
methodology agreed in writing with the Planning Authority. 
If the noise assessment shows that the noise levels do

Page 25

not comply with noise conditions, 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
for written approval with 28 days of the assessment.  The
mitigation scheme shall thereafter be implemented in
accordance with the approved scheme and timescales
and included within an updated Noise Management Plan. 
Reason - In order to safeguard the neighbouring
residential amenity in the area.
10. 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.
11. Prior to the commencement of the development a Dust
Management Plan shall be submitted to agreed in writing
by the Planning Authority in in consultation with
Environmental Health.  The plan shall include good
practise and site specific mitigation measures for the
control of dust during the construction stages of the
development.  All works shall be carried out in
accordance with the agreed plan.
Reason - In order to safeguard the neighbouring
residential amenity in the area.
12. 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
any time on Sundays or bank holidays (as identified by
Scottish Government).
Reason - In order to safeguard the neighbouring
residential amenity in the area.
13. Prior to commencement of the development, a detailed
design for the proposed parking shall be provided for the
following elements:
• 25 standard car parking spaces
• 3 disabled car parking spaces
• 2 powered two wheeler parking spaces
including its location, shall be submitted to and approved
in writing by the Planning Authority in consultation with
the Roads Authority.  The 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 trading of the store.  
Reason - In the interests of road safety; to ensure the
provision of adequate off-street parking facilities for
disabled visitors and motorcyclists.

Page 26

14. The core paths (AUCH/165 and AUCH/56) along the
Feus must not be obstructed during building works or on
completion.  Any damage done to the core path and
associated signage during building works shall be made
good before trading of the store.  Any temporary
restrictions to public access required to facilitate works in
relation to the development must be agreed in writing first
with the Access Officer.
Reason - In the interests of public access along the core
path.
15. Prior to commencement of any development on site, a
detailed design showing the frontage of the development
site onto the Feus shall be provided with the following
schemes being provided:
i) position of crossing location(s) along the frontage
of the site to link the development site to the
southern side of the Feus;
ii) the location of the bus stops (NaPTAN 73723235
Auchterarder, opposite Darnley Hill and NaPTAN
73725372 Auchterarder, at Darnley Hill ) with the
associated road markings for the protection of
boarding and alighting passengers on the Feus;
iii) provide details of the street lighting infrastructure,
including the lowering of the cable across the
vehicle access to 850mm, with chambers installed
at either side
iv) the vehicle access with the kerbing along the
frontage of the development on the Feus including
the location of dropped kerbs across the vehicle
access and to the southern side of the Feus; and
v) confirm the construction details within the
boundary of the public road network,
Shall be submitted to, and approved in writing by, the
Council as Planning Authority.  The submission will
confirm the location, specification, detailed design and
delivery timescales for the crossing location, bus stop
markings, street lighting infrastructure and kerbing.  The
scheme for the approved shall thereafter be implemented
in full, prior to the trading of the store.  
Reason - In the interests of road, pedestrian safety and
connectivity with the developments to the southern side
of the Feus.
16. No part of the development shall be occupied until a
Travel Plan aimed to encourage more sustainable means
of travel, has been submitted to and agreed in writing by
the Council in consultation with Transport Planning.  The
Travel Plan 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 enhanced public transport infrastructure),
the system of management, monitoring, review, reporting
and the duration of the plan.

Page 27

Reason - To promote sustainable transport options and to
meet advice within National Planning Framework on
transport.
17. Prior to the development hereby approved being
completed or brought into use, the access shall be
constructed so that no surface water is discharged onto
the public road.
Reason - In the interests of road safety; to ensure an
acceptable standard of construction within the public road
boundary.
18. 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:
i) restriction of construction traffic to approved routes
and the measures to be put in place to avoid other
routes being used;
ii) 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;
iii) 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 and cyclists;
iv) details of information signs to inform other road
users of construction traffic;
v) arrangements to ensure that access for
emergency service vehicles are not impeded;
vi) co-ordination with other significant developments
known to use roads affected by construction traffic;
vii) 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 interest of proper site management.
19. Prior to the commencement of development a statement
shall be submitted to and agreed in writing by the Council
as Planning Authority to demonstrate compliance 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.  The measures as agreed shall
be installed prior to operation/binging into use of the
development.
Reason - to comply with Policy 32 of the Local
Development Plan 2
20. Development shall not commence on site until a detailed
sustainable urban drainage system (SUDS) has been
submitted for the written agreement of the Council as

Page 28

Planning Authority, in consultation with SEPA where
necessary.  The scheme shall be developed in
accordance with the technical guidance contained in The
SUDS Manual (C753) and the Council’s Flood Risk and
Flood Risk Assessments Developer Guidance, and shall
incorporate source control.  All works shall be carried out
in accordance with the agreed scheme and be
operational prior to the bringing into use of the
development.  
Reason - To ensure the provision of effective drainage for
the site.
21. Prior to the commencement of any works on site, all trees
on site (other than those marked for felling on the
approved plans) and those which have Root Protection
Areas which fall within the site including the tree to the
east of the access shall be retained and protected. 
Protection methods shall be strictly in accordance with
BS 5837 2012: Trees in Relation to Design, Demolition
and Construction with evidence of tree protection
measures in situ submitted to and agreed in writing with
the Council as Planning Authority.  Protection measures,
once in place, shall remain in place for the duration of
construction.  
Reason - To ensure the protection of the tree to the east
of the site. 
Justification
Although the proposal is contrary to National Planning
Framework 4, Policy 28: Retail, the proposal is supported by
other policies of the development plan, namely:
(i) National Planning Framework 4, Policy 9(a): Brownfield,
Vacant and Empty Buildings – the proposal would result
in the sustainable reuse of brownfield land; and
(ii) National Planning Framework 4, Policy 15)(a): Local
Living and 20 minute neighbourhoods – the proposal
would contribute to local living including the 20 minute
neighbourhood of the area.  Local people will be able to
meet their daily shopping needs by a variety of
sustainable modes of travel, including walking and
cycling. 
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.

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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. No work shall be commenced until an application for
building warrant has been submitted and approved.
4. 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.
5. 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. 
6. 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. 
7. The applicant is advised that, in terms of Sections 109 of
the New Roads and Street Works Act 1991, he/she/they
must obtain consent from the Council, to place, maintain
or adjust apparatus in, or under a Road or remove
apparatus from a road.  Application forms are available at
https://www.pkc.gov.uk/article/14916/Road-and-footway-
permits.
8. The applicant is advised to contact the Street Lighting
Partnership to obtain the locations of plant.  Contact
Perth & Kinross Council Street Lighting Department for
further details.
9. 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

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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. 
Procedural note 
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. 
(iii) 25/00213/IPL Residential development (in principle), land 25
metres east of Green Bank, Heughfield Road, Bridge of
Earn (Report No. 25/185) 
Mr P Noad, on behalf of the applicant, joined the meeting via
telephone, however due to technical difficulties was unable to
participate. 
Resolved:
Grant, subject to the following terms, conditions and
informatives: 
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 lawfully 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, details of biodiversity
enhancement measures, all means of enclosure, means
of access to the site, vehicle parking and turning facilities,
levels, drainage and waste management provision.
Reason - This is a Planning Permission in Principle under
Section 59 of the Town and Country Planning (Scotland)
Act 1997 as amended by Section 21 of the Planning etc.
(Scotland) Act 2006.
3. Notwithstanding the details shown on the drawings
hereby approved, no permission is granted for the

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submitted layout, design, scale or position of the
dwellings.
Reason - In order to clarify the terms of the permission
which is granted in principle only.
4. Further to Condition 2 above, a Tree Survey 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 shall include: 
(a)  a plan, to a scale and level of accuracy appropriate
to the proposal, showing the position of every tree
on the site and on land adjacent to the site
(including street trees) that could influence or be
affected by the development, indicating which trees
are to be removed; and
(b)  in relation to every tree identified a schedule listing: 
i.  information as specified in paragraph 4, BS
5837 2012: Trees in Relation to Design,
Demolition and Construction;
ii.  any proposed pruning, felling or other work;
and
(c)  in relation to every existing tree identified to be
retained on the plan referred to in (a) above, details
of: 
i.  any proposed alterations to existing ground
levels, and of the position of any proposed
excavation, that might affect the root protection
area (see BS 5837 2012: Trees in Relation to
Design, Demolition and Construction) and 
ii.  all appropriate tree protection measures
required before and during the course of
development (in accordance with BS 5837
2012: Trees in Relation to Design, Demolition
and Construction), and
(d)  areas of existing landscaping to be protected from
construction operations and the method of
protection.
Reason - In order to ensure that existing trees and
hedges are fully considered as part of further
applications.
5. All existing trees and hedging on the site shall be
retained and their retention or proposed lopping, topping
or felling shall be shown in the submission of the matters
specified in Condition 2 above.
Reason - In order to ensure that existing trees and
hedges are fully considered as part of further
applications.
6. 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: regarding access, car parking, public
transport facilities, walking and cycling facilities, the road

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layout, design and specification (including the disposal of
surface water) shall be in accordance with the standards
required by the Council as Roads Authority (as detailed
in the National Roads Development Guide) and to the
satisfaction of the Planning Authority.
Reason - In the interests of pedestrian and traffic safety.
7. Further to condition 2 above, a detailed sustainable
urban drainage system (SUDS) shall be submitted for the
written agreement of the Council as Planning Authority, in
consultation with SEPA where necessary.  The scheme
shall be developed in accordance with the technical
guidance contained in The SUDS Manual (C753) and the
Council's Flood Risk and Flood Risk Assessments
Developer Guidance, and shall incorporate source
control.  All works shall be carried out in accordance with
the agreed scheme and be operational prior to the
bringing into use of the development.
Reason - This is a Planning Permission in Principle under
Section 59 of the Town and Country Planning (Scotland)
Act 1997 as amended  by Section 21 of the Planning etc.
(Scotland) Act 2006 and there is a known issue relating
to flooding and/or surface water.
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 effective drainage
for the site.
9. Further to condition 2 above, full details of the Deich Burn
flood risk extent (0.5% annual probability + 39% climate
change) shall be shown on the site layout and 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 details shall
include topographical plans and sections through the site
to identify the flood extent and garden levels of the
proposed development relative to the opposite bank of
the Deich Burn. 
Reason - In order to demonstrate that there will not be
any landraising in any lower areas of the site identified as
functional floodplain on the SEPA flood maps and to
ensure there is no loss of floodplain capacity.
10. Further to condition 2 above, a maintenance plan shall
for the Deich Burn 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.  This plan, essential for
the southern plot boundary, will outline regular
inspections, seasonal work, and vegetation management,
including removing overgrowth and sediment dredging.
Reason - This is a Planning Permission in Principle under
Section 59 of the Town and Country Planning (Scotland)

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Act 1997 as amended by Section 21 of the Planning etc.
(Scotland) Act 2006 and there is a known issue relating
to flooding and/or surface water.
11. Further to Condition 2 above, any detailed application to
develop the site should be accompanied by a Design
Statement as the proposal could affect the setting of
Heughfield House, listed building.
Reason - In order to protect the setting of the Listed
Building.
12. Further to condition 2, a detailed statement shall be
submitted for the approval of the Council as Planning
Authority which demonstrates 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.  The approved measures shall thereafter
be implemented to the satisfaction of the Council as
Planning Authority.
Reason - In order to demonstrate compliance with both
Policy 32 of the local development plan and the carbon
emissions reduction set by Scottish Building Standards.
13. 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 2020.
14. 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 transport
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 2020. 
Justification
The proposal is in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan.

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Informatives
1. 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 
2. 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 
3. 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.
4. 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 site plans to
show site context.
5. The applicant should take note of the information and
advice contained within the consultation response from
Scottish Water.
6. Please be aware that your 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.
7. The applicant should be aware that the Council reserves
the right to seek a biodiversity survey of the site in
respect of a further application, the need for which will
take into account any proposed tree / hedge removals.
8. The applicant should take note of the information and
advice contained within the consultation response from
Transport Planning dated 14 March 2025. 
6. Proposal of Application Notices (PoAN) 
(i) 25/00009/PAN Installation of a 39MW solar farm comprising
ground mounted solar array, battery energy storage system
(BESS), vehicular access and associated works, land 890 metres
east of The Byre, Balvaird Farm, Strathmiglo, Cupar, KY14 7SR
(Report No. 25/1) 
Councillors D Illingworth and I James both requested that due
consideration be given to the sound impact on Gamekeepers Cottage
and the visual impact on both Gamekeepers Cottage and Balvaird
Castle. 
The contents of the Report by the Development Management and
Building Standards Service Manager, were noted.