Agenda Document Pack - Planning and Placemaking Committee - 03/09/2025
Perth and Kinross Council · 3 September 2025
Back to Planning and Placemaking Committee — 3 September 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Ambition | Compassion | Integrity Our vision is for a Perth and Kinross where everyone can live life well, free from poverty and inequality Council Building 2 High Street Perth PH1 5PH 25/08/2025 A hybrid meeting of the Planning and Placemaking Committee will be held in the Council Chambers (Hybrid) on Wednesday, 03 September 2025 at 09:30. If you have any queries please contact Democratic Services on (01738) 475000 or email Committee@pkc.gov.uk. THOMAS GLEN Chief Executive Those attending the meeting are requested to ensure that all notifications are silent on their device and other devices are in silent mode. Please note that the meeting will be broadcast online and recorded. The recording will be publicly available on the Council’s website following the meeting. Members: Councillor Ian Massie (Convener) Councillor Grant Stewart (Vice-Convener) Councillor Keith Allan Councillor Bob Brawn Councillor Dave Cuthbert Councillor Ken Harvey Councillor David Illingworth Councillor Ian James Bailie Claire McLaren Councillor Richard Watters Bailie Mike Williamson Page 1 of 106
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Planning and Placemaking Committee Wednesday, 03 September 2025 Agenda Members are reminded of their obligation to declare any financial or non- financial interest which they may have in any item on this agenda in accordance with the councillors’ code of conduct. 1 WELCOME AND APOLOGIES/SUBSTITUTES 2 DECLARATIONS OF INTEREST 3 MINUTES 3(i) MINUTE OF MEETING OF THE PLANNING AND PLACEMAKING COMMITTEE OF 9 JULY 2025 FOR APPROVAL (copy herewith) 5 - 38 3(ii) MINUTE OF MEETING OF THE PLANNING AND PLACEMAKING COMMITTEE OF 6 AUGUST 2025 FOR APPROVAL (copy herewith) 39 - 40 4 DEPUTATIONS 5 APPLICATIONS FOR DETERMINATION 5(1) SECTION 36 CONSULTATIONS 5(1)(i) 25/00151/ECU36 - TO CONSTRUCT AND OPERATE GLENTARKEN WIND FARM (ECU00004700), LAND 5.5KM NORTH WEST OF THE KOPJE, ST FILLANS, CREIFF, PH6 2NG Report by Development Management and Building Standards Service Manager (copy herewith 25/216) 41 - 60 5(2) MAJOR APPLICATIONS Page 3 of 106
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5(2)(i) 24/01558/FLM - FORMATION OF A 30MW BATTERY ENERGY STORAGE FACILITY COMPRISING BATTERY STORAGE UNITS, ANCILLARY BUILDINGS AND EQUIPMENT, ACCESS ROAD AND ASSOCIATED WORKS, LAND 600 METRES NORTH EAST OF CORDON FARM, ABERNETHY Report by Development Management and Building Standards Service Manager (copy herewith 25/217) 61 - 84 5(3) LOCAL APPLICATIONS 5(3)(i) 25/00277/FLL - ERECTION OF DWELLINGHOUSE, INSTALLATION OF AIR SOURCE HEAT PUMP, PRIVATE EV CHARGING STATION AND ASSOCIATED WORKS, LAND 20 METRES SOURTH OF EAST END COTTAGE, BALNAGUARD, PITLOCHRY, PH9 0PY Report by Development Management and Building Standards Service Manager (copy herewith 25/218) 85 - 106 Page 4 of 106
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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) 3(i) Page 5 of 106
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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. Page 6 of 106
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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. Page 7 of 106
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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. Page 8 of 106
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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 Page 9 of 106
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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 Page 10 of 106
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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 Page 11 of 106
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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. Page 12 of 106
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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. Page 13 of 106
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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. Page 14 of 106
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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. Page 15 of 106
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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; Page 16 of 106
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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 Page 17 of 106
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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 Page 18 of 106
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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 19 of 106
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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 20 of 106
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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 21 of 106
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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 22 of 106
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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 23 of 106
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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 24 of 106
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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 25 of 106
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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 26 of 106
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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 27 of 106
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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 28 of 106
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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 29 of 106
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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 30 of 106
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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 31 of 106
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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. Page 32 of 106
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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 Page 33 of 106
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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 Page 34 of 106
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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 Page 35 of 106
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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) Page 36 of 106
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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. Page 37 of 106
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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. Page 38 of 106
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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 6 August 2025 at 9.30am. Present: Councillors I Massie, G Stewart, K Allan, B Brawn, D Cuthbert, K Harvey, D Illingworth, I James, Bailie C McLaren, R Watters and Bailie M Williamson. In Attendance: K Smith (Economy, Development and Planning); A Brown, G Fogg, 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 There were no deputations. 5. Applications For Determination (1) Section 36 Consultation (i) 24/00761/ECU36 - Installation of battery storage system and solar energy park and associated infrastructure (ECU00005014), land 600 metres north-west of Caddam Cottage, Keithick (Report No. 25/187) (The Committee took a short recess) Motion (Councillors B Brawn and I James) Object, on the grounds that the proposal is contrary to: (i) Policy 4 of National Planning Framework 4; and (ii) Policies 1A and 1B(c) of Perth and Kinross Local Development Plan 2 (2019) 3(ii) Page 39 of 106
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Amendment (Councillors K Harvey and R Watters) Offer no objection to the proposal and request the imposition of the suggested conditions contained within Report 25/187. However, in responding to the Energy Consent Unit, express some wider concerns about the cumulative impact, the loss of agricultural land and the industrialisation if the various developments in this area are to proceed and the impact this will have on the settlement of Coupar Angus. In terms of Standing Order 21.5 a roll call vote was taken. 7 members voted for the Motion as follows: Councillors K Allan, B Brawn, D Cuthbert, D Illingworth, I James, Bailie C McLaren, G Stewart, 4 members voted for the Amendment as follows: Councillors K Harvey, I Massie, R Watters and Bailie M Williamson. Resolved: In accordance with the Motion. 6. Proposal of Application Notices (PoAN) (i) 5/00008/PAN - Mixed use development comprising erection of a hotel, one restaurant, two drive-through restaurants, petrol filling station with ancillary retail unit and EV charging facilities, formation of HGV Overnight parking with associated welfare building, installation of solar array (up to 2.0MW) with battery energy storage and CHP, formation of access road and vehicle parking, SUDS, landscaping and associated works, land 200 metres west of Horn Farm Cottage, Errol (Report No. 25/188) Councillor I James requested that due consideration be given to the possibility of incorporating some of the proposed solar energy panels on roof areas. The contents of the Report by the Development Management and Building Standards Service Manager, were noted. Page 40 of 106
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Perth and Kinross Council Planning and Placemaking Committee – 3 September 2025 Report of Handling by Development Management and Building Standards Service Manager (Report No. 25/216) Proposal: To construct and operate Glentarken Wind Farm (ECU00004700) Location: Land 5.5km North-west of The Kopje, St Fillans, Crieff, PH6 2NG Ref. No: 25/00151/ECU36 Ward No: P6- Strathearn Summary Perth and Kinross Council has been consulted by the Scottish Government’s Energy Consents Unit (ECU) on the proposed Glentarken Wind Farm - ECU00004700. The findings of this report recommends that the Council objects to the proposal due to its impact on Loch Rannoch and Glen Lyon National Scenic Area. Background and Description of Proposal 1 The purpose of the report is to make members aware of the relevant planning considerations relating to the proposed development. Following consideration of these matters the Council must advise the Scottish Government whether it objects to the application or not. 2 The proposed development is located approximately 45 km west of Perth within the Drummond Estate and approximately 2.8 km east of Lochearnhead. The site includes land within the Perth and Kinross local authority area and the Stirling local authority area. The turbine array will be within Perth and Kinross, while the site entrance and a portion of the access track is located within the Stirling area. 3 The Proposed Development would include the following key components: • Up to 12 Wind Turbine Generators (WTGs) of up to 180 m tip height with internal transformers; • WTG foundations; • Battery Energy Storage Systems (BESS) with up to 50 MW capacity; • Crane hardstandings and associated laydown area at each wind turbine location; 5(1)(i) Page 41 of 106
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• Approximately 15.6 km of on-site access tracks comprising 11.8 km of cut track, 2.8 km floated track and 1 km of upgraded existing track, to connect to ancillary site infrastructure; • An on-site substation, operations and control building, welfare facilities and store; • A network of underground cabling to connect each wind turbine to the on-site substation; • Telecommunications infrastructure; • Watercourse crossings; • A LiDAR unit to collect meteorological and wind speed data, and associated hard stand; and • Any other ancillary works required. 4 In addition to the permanent components, the construction phase would comprise the following temporary facilities: • Site compound areas, including welfare facilities, site cabins, storage and parking; • Batching plant facilities for temporary on-site concrete batching; • Up to six borrow pits; and • Any other ancillary works required. 5 A further wind farm development, Glen Lednock Wind Farm, is proposed on an adjacent site to the east (PKC ref: 25/00899/ECU36 - ECU ref: ECU00004966). The proposal comprises of up to 19 wind turbines, of which up to 16 are 200m to tip and up to 3 are 180m to tip, and associated infrastructure. Where necessary, the cumulative impacts of the wind farms has been included and assessed in the EIAR. Site History 6 22/00017/CONSUL (ECU ref: ECU00004700) on 22 February 2023, The Scottish Ministers, following consultation with PKC and other relevant bodies, adopted a scoping opinion setting out the scope of the matters to be considered within the EIA Report to be submitted alongside the application for a proposed wind farm development (at that time known as Drummond Wind Farm). Environmental Impact Assessment 7 The proposal is EIA development and an EIA Report has been submitted. An assessment of the report’s findings and significant environmental effects is provided in the appraisal section below. Pre-Application Consultation 8 The proposed development is classed as a National Development within NPF4, as provided for in Section 3A of the Town and Country Planning (Scotland) Act 1997 (as amended). However, unlike other National Development proposals, Page 42 of 106
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applications made under Section 36 of The Electricity Act 1989 are not subject to mandatory pre-application consultation engagement requirements. 9 Nevertheless, despite there being no statutory requirement to conduct public consultation, the applicant has submitted a PAC Report providing information on engagement activities undertaken to gain insight into concerns and opinions from members of the local community and surrounding area. Such engagement involved public exhibitions being held in Lochearnhead Village Hall on 19th April 2023 and Sandison Hall, St Fillans on 20th April 2023. A second set of public exhibitions were held in the same venues on 28th and 29th May 2024 with a third set held on 19th and 20th November. In addition, virtual exhibitions were hosted via an online platform on 2nd and 4th May 2023, 12th June 2024 and 28th November 2024. The developer has also attended local community council meetings, advertised the project in local press releases and hosts an online webpage. 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. 12 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 5: Soils • Policy 7: Historic Assets and Places • Policy 11: Energy • Policy 22: Flood Risk and Water Management 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 Page 43 of 106
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economic growth.” It is the most recent statement of Council policy 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 26A: Scheduled Monuments and Archaeology: Scheduled Monuments • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 31: Other Historic Environment Assets • Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy • Policy 33D: Renewable and Low Carbon Energy: Spatial Framework for Wind Energy • Policy 38A: Environment and Conservation: International Nature Conservation Sites • Policy 38B: Environment and Conservation: National Designations • Policy 38C: Environment and Conservation: Local Designations • Policy 39: Landscape • Policy 41: Biodiversity • Policy 51: Soils • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 53D: Water Environment and Drainage: Reinstatement of Natural Watercourses • Policy 55: Nuisance from Artificial Light and Light Pollution • Policy 56: Noise Pollution • Policy 60A: Transport Standards and Accessibility Requirements: Existing Infrastructure Statutory Supplementary Guidance 15 • Supplementary Guidance - Landscape (adopted in 2020) Other Material Considerations PKC Non Statutory Guidance 16 • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft) Page 44 of 106
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National Guidance 17 The Scottish Government expresses its planning policies through Planning Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Those relevant are listed below. Planning Advice Notes 18 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • Scottish Government Advice: Onshore wind turbines (May 2014) • Scottish Government Advice: Energy storage (December 2013) Consultations 19 As part of the consideration process for this consultation, the following bodies were consulted: 20 NatureScot: Object to the proposal as it would result in significant adverse effects on the Special Landscape Qualities of the Loch Lomond and The Trossachs National Park and the Loch Rannoch and Glen Lyon National Scenic Area. 21 Biodiversity: No objection. Conditions are recommended to secure a revised CEMP, including measures to mitigate impacts of lighting on nocturnal species, a revised Biodiversity Net Gain Plan/Habitat Management Plan, details of monitoring arrangements and details of an ECOW. 22 Mr Dick Bowdler (Noise): No objection. Conditions are recommended to ensure that noise from the operational turbines can be controlled and construction noise, including times of operation, are controlled via the CEMP. 23 Community Greenspace: No comments. 24 Conservation Team: No objection. There are several heritage assets outwith the subject site that are potentially vulnerable to setting impacts from the proposed development. However these have been demonstrated to have minimal impact from the proposal. 25 Development Contributions Officer: No comments. 26 Environmental Health (Private Water): No objection. It is recommended that a condition is imposed requiring a detailed survey to be carried out to identify any spring, borehole or private water supply potentially affected by the development, and details of any necessary mitigation measures and maintenance of quantity and quality of water supplies. Page 45 of 106
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27 Structures and Flooding: No objection. Conditions are recommended to ensure that recommendations in the EIAR Volume 1, Main Report, Chapter 8 – Geology, Peat, Hydrology and Hydrogeology shall be followed and are included in the CEMP. 28 Perth and Kinross Heritage Trust: No objection. It is recommended that conditions are imposed requiring that a programme of archaeological work is undertaken pre-construction phase, with construction phase monitoring, and the engagement of an Archaeological Clerk of Works to oversee the programme. 29 Transportation and Development: No objection. The Abnormal Indivisible Route to the site and access location are all on trunk roads outwith PKC jurisdiction. Additional Statements 30 Screening Opinion EIA required Environmental Impact Assessment (EIA): Environmental Report Submitted Appropriate Assessment under Habitats Regulations Any required Habitats Regulations Appraisal will be for the ECU Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment • PAC Report • Planning Supporting Statement • EIA Report covering the following: − Landscape and Visual − Ornithology − Ecology − Geology, Peat, Hydrology and Hydrogeology − Noise and Vibration − Cultural Heritage − Traffic, Transport and Access; − Socioeconomics, Recreation and Tourism; − Aviation; and − Television and Radio. Appraisal 31 Schedule 8 to Section 36 of the Electricity Act 1989 requires the Scottish Government, as the appropriate authority, to serve notice of the application on the Council as the relevant planning authority. There is no primacy of the Development Plan for S.36 applications. However, the Council are required to consider the proposal in accordance with the provisions of the Development Plan, as a material consideration. Page 46 of 106
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32 The Development Plan comprises National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2019 (LDP2). 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. 33 NPF4 identifies ‘Strategic Renewable Electricity Generation and Transmission Infrastructure’ as a National Development. The National Development explicitly supports renewable electricity generation, which generates above 50 megawatts capacity which is applicable in this case. The policy intent of NPF4 Policy 11: Energy is to ‘encourage, promote and facilitate all forms of renewable energy development onshore and offshore’…including energy generation and storage. Policy 11a also provides support for all forms of renewable, low carbon energy including: (i) wind farms, (iii) energy storage, and (vii) co-location. 34 Co-location of the battery energy storage system with the wind farm is supported. 35 NPF4 highlights the importance of enabling developments that contribute towards greenhouse gas emissions reduction targets and wider national commitments to tackle the climate crisis. The application includes a carbon calculator for the development. The carbon balance for the development suggests a payback time of around 0.9 years (11 months) when compared to the fossil grid fuel mix of electricity generation or 1.9 years when compared to the grid mix electricity generation. Beyond this point, the applicant considers the development to represent a positive contribution to national emissions reductions objectives for the remaining of its operational life. 36 Schedule 9 of the Electricity Act 1989 requires licence holders to “have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest” and “shall do what he reasonably can to mitigate any effect”. 37 In terms of LDP2, Policy 33: Renewable and Low Carbon Energy and Policy 39: Landscape are also relevant in the assessment of the proposed development. It is accepted that NPF4 Policy 11 supersedes LDP2 Policy 39 where they are incompatible but the specific considerations in Policy 39 are relevant considerations that should be taken into account as expressions of impacts considered of most importance in the region. Landscape 38 NPF 4 Policies 4: Natural Places and 11: Energy and LDP2 Policies 33: Renewable and Low Carbon Energy and 39: Landscape area all relevant to the assessment of the proposal. A Landscape and Visual Impact Assessment (LVIA) has been carried out to consider the landscape impacts of the proposal.The EIAR assessment of the resulting development has identified that the turbines have the potential to cause effects on: Page 47 of 106
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a) Core paths within a 5km radius; b) Landscape character of the following Landscape Character Types (LCT) (different degrees of impact): − LCT 147 Summits and Plateaux – Central (Unit 2, Beinn Leabhainn) − LCT 254 Straths and Glens with Lochs (Unit 3, Loch Earn) − LCT 251 Highland Summits (Unit 2, Ben More/Ben Vorlich) − LCT 376 Summits & Plateaux – Tayside (Unit 1, Forest of Glenartney, south of Loch Earn; Unit 2, Ben Chonzie / Sron Mhor / Meall nam Fuaran); and Unit 3, Ben Lawers and Beinn Heasgarnich) − LCT 371 Mid Upland Glens (Unit 2, Glen Lednock) − LCT 372 Lower Upland Glens − LCT 374 Mid Upland Glens with Lochs c) Landscape character of the following Landscape Designations: − Creag Gharbh LLA (Major and significant impact) − Loch Tay LLA (Moderate-minor and not significant impact) − Loch Lomond and Trossachs National Park (LLTNP): • SLQ 7 (Tranquillity): Moderate and not significant effect • SLQ 2 (Wild and rugged highlands contrasting with pastoral lowlands): Moderate and significant effect • SLQ 9 (Steep mountains and long glens): Moderate and significant effect 39 Cumulative impacts for consented and application scenarios are assessed by the applicant as minor and not significant. For the wider scoping scenario, cumulative effect is considered moderate and significant. 40 Despite these impacts, the EIAR considers the development does not cause significant effect on the overall ‘integrity’ of the LLTNP. • Loch Rannoch and Glen Lyon NSA − SLQ 5 (Secluded side glens and ancient shielings): Moderate and not significant effect − SLQ 6 (The wild summits): Moderate and not significant effect − SLQ 12 (The dominance of Ben Lawers): Major/moderate and significant 41 Cumulative impacts for consented and application scenarios are minor and not significant. For the wider scoping scenario, cumulative effect for SLQ 5 and SLQ6 is moderate and not significant. For SLQ 12, the resulting cumulative effect is moderate and significant. • River Earn (Comrie to St Fillans) NSA − SLQ 1 (A harmonious combination of highland and lowland): moderate and not significant effect − SLQ 8 (The viewpoint of Dundurn, St Fillans Hill): Moderate and not significant Page 48 of 106
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42 Cumulative impacts for consented and application scenarios are minor and not significant. For the wider scoping scenario, the resulting cumulative effect is major-moderate and significant. • Views for recreational users at a series of selected viewpoints. Some of these points are located within Landscape Designations. These impacts for different locations range in magnitude and significance. 43 The impacts identified on landscape designations (point c) are assessed against NPF4 Policy 4 (c). This states that development proposals that will affect National Parks and NSAs will only be supported where: ‘(i) the objective of designation and the overall integrity of the areas will not be compromised’. It is important to note that impact on National Parks landscapes is still noticeable even when the development is outside of the boundary of the designated area. 44 While the content of the application focuses on the integrity of designated areas, the text of NPF4 policy also aims to protect the quality of these designations. Some SLQs are expected to suffer significant impact, which is an undesirable outcome of the development when considered against national policy. 45 There are therefore significant landscape character effects within a stated maximum of 12km of the proposed development, and significant visual effects up to approximately 16km from the site. 46 For national designations (in this case, National Parks and NSAs), NPF4 Policy 4 (c)(i) requires the objectives of designation and the overall integrity of the designated area to not be compromised. In reference to local natural conservation sites or landscape areas, NPF4 Policy 4 (d)(i) also demands that development will not have significant adverse effects on the integrity of the area or the qualities for which it has been identified. However, both articles within NPF4 Policy 4 also recognise that significant adverse effects on those protected areas can be outweighed by social, environmental or economic benefits. 47 The EIAR states character impacts are limited to a maximum of 12km from the proposed development, with 16km for significant visual impacts. The significant impact on the character of the landscape here includes areas of significant value to the region of Perth and Kinross as a whole and wider national interests, and not just the immediate locality. The landscape designations impacted, including National Parks, NSA and LLA, should add significant weight to whether the impacts are localised. 48 NatureScot has been consulted by the ECU directly on the proposal and also by PKC due to their role as national advisors on matters including landscape. NatureScot has objected to the proposal as it would result in significant adverse effects on the Special Landscape Qualities of the Loch Lomond and The Trossachs National Park and the Loch Rannoch and Glen Lyon National Scenic Area. Loch Lomond and the Trossachs National Park Authority is also a Page 49 of 106
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consultee to the ECU and will return their own comments on any impacts on the National Park. 49 Loch Rannoch and Glen Lyon National Scenic Area is located almost entirely within the PKC boundary, to the north of the site. NatureScot consider that effects on Loch Rannoch and Glen Lyon NSA are such that the objectives of the designations and overall integrity of the areas would be compromised. These effects are unlikely to be overcome through re-design or removal of turbines. It is also noted that there would be significant adverse effects on the Special Landscape Qualities of the River Earn (Comrie to St Fillans) National Scenic Area. However, these are not to the extent that the overall integrity of the area would be compromised. 50 Policy 4 states that development in National Scenic Areas will not be supported where development has significant adverse effects on the integrity of the area or the qualities for which it has been identified. Policy 4 when read together with Policy 11(e)(ii) provides further interpretation requires appropriate mitigation where a landscape is recognised as sensitive. The EIA significant effects table has taken the sensitivity of these areas into account resulting in the finding of a significant adverse effect on the integrity of the area. 51 NPF4 Policy 1 lends significant weight to the climate crisis, and the status of the development as a national development. Additionally, NPF4 Policy 11(e) states that development impacts and the proposed mitigation measures should be considered giving significant weight to the contribution of the proposal to renewable energy generation targets and on greenhouse gas emissions reduction targets. However, the proposed development is in an area with a large number of designated areas. The landscapes and natural environments have long been identified as being of high quality and worthy of protection. The description of impacts offers sufficient evidence that the development will bring permanent change to the qualities of these designated areas. The magnitude of the development, together the number and value of the protected areas, raises significant concern about the acceptability of these impacts even after mitigation. 52 In conclusion, the proposal will bring about significant adverse effects on Loch Rannoch and Glen Lyon NSA to the extent that the overall integrity of the area will be compromised. While considerable weight is to be given to the contribution the proposed development could make in achieving renewable energy generation targets, this does not overcome the significant detrimental impact the proposal will have on a nationally important landscape designation. The proposal is therefore contrary to NPF4 Policy 4 and LDP2 Policies 33 and 39. Residential Amenity 53 NPF4 Policy 11: Energy and LDP2 Policies 33: Renewable and Low-Carbon Energy, 55: Nuisance from Artificial Light and Light Pollution and 56: Noise Pollution are relevant. Page 50 of 106
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54 PKC has engaged an external specialist noise consultant to review the noise section of the EIAR. The four nearest properties have been assessed and the distances of these from the nearest turbines range from just under 3km to just under 6km. 55 Technical guidance for the assessment of noise emissions from onshore wind turbines, known as ETSU-R-97, provides comprehensive advice to local authorities across the UK for appraising planning applications for onshore wind developments. The propagation methodology described in the EIAR are appropriate and the resulting turbine noise levels are correct in accordance with good practice. The turbine noise levels are shown to meet the ETSU-R-97 simplified limit of 35dB. 56 The assessment also considered the cumulative noise levels for Glentarken Wind Farm and the nearby Glen Lednock Wind Farm. The turbine noise levels cumulatively from both wind farms was shown to comfortably meet the ETSU-R- 97 simplified limit of 35dB. 57 The noise levels from the substation and BESS are considered to be low and due to their distance from sensitive receptors a full assessment was not required. However, should the consent be granted, relevant conditions will be required to control noise during the construction phase and during the operational phase should a complaint be received. 58 Effects on visual amenity are considered in detail in the Landscape section above, where it is concluded that the proposal will result in some significant visual effects. 59 Similarly, in terms of aviation lighting, it is proposed that four of the turbines will have visible aviation lighting. The assessment of night time effects for the proposed development has predicted significant effects for some of the viewpoints considered in the LVIA. This is largely due to the appearance of lighting on an upland horizon which has a currently dark baseline characteristic and the high sensitivity of the receptors experiencing this lighting. 60 Shadow flicker was scoped out of the EIAR, as there will be no significant effects due to the separation distances between the residential properties and the nearest turbine. Roads and Access 61 Policy 13 (Sustainable Transport) of NPF4 focuses on sustainable travel and ensures development is sited appropriately. LDP2 Policy 60 (Transport Standards and Accessibility Requirements) requires that local road networks be capable of absorbing traffic generated by development and that satisfactory access is provided. 62 The applicant has shown that the Abnormal Indivisible Route to the site will be outwith Perth & Kinross Council area. There will however be traffic associated Page 51 of 106
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with the development that will utilise roads within Perth & Kinross Council area, along the local road network and the trunk road network. 63 The project is estimated to tale 18 months to construct. The traffic is associated with the development is likely to be: • Staff transport, in either cars or staff minibuses; • Construction equipment and materials, deliveries of machinery and supplies such as concrete materials and crushed rock; • Components relating to the BESS element, substation components and associated infrastructure; and • Abnormal Indivisible Loads consisting of the wind turbine sections and heavy lift cranes. 64 At the peak of the project, it is estimated that there will be an additional 192 trips per day, this will consist of 144 two-way HGV movements and 48 two-way car / LGV movements. It is estimated that the vast majority of the traffic associated with the development will utilise the A84 south of Lochearnhead. 65 Insofar as roads matters are concerned there are no objections to the proposal subject to conditions requiring a Construction Traffic Management Scheme and a Staff Travel Plan. Drainage and Flooding 66 Policy 22 (Flood Risk and Water Management) of NPF4 sets out that proposals will not increase the risk of surface water flooding to others, or itself be at risk, manage all rain and surface water through sustainable urban drainage systems (SUDS) and seek to minimise the area of impermeable surfaces. In addition, Policy 53 (Water Environment and Drainage) of LDP2 sets out that development proposals at any location and of any scale should protect and where practical improve the water environment. 67 PKC Flooding and Structures has advised that they have no objections to the proposal subject to the recommendations in the EIAR Chapter 8: Geology, Peat, Hydrology and Hydrogeology being followed and implemented. 68 The EIAR includes a detailed flood risk assessment, which evaluates potential sources of flooding and indicates no risks to the site. Floodplains along the Beich Burn do not encroach onto the proposed development. 69 The EIAR states that using best construction practices and a final Construction Environmental Management Plan (CEMP), along with ongoing monitoring, the proposed development is not expected to significantly impact surface water flood risk, geology, peat, hydrology, or hydrogeology. Page 52 of 106
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Conservation Considerations 70 NPF4 Policy 7 (Historic Assets and Places) and LDP2 Policies 26 (Scheduled Monuments and Archaeology) and 27 (Listed Buildings) are relevant to the development. A Cultural Heritage Assessment (CHA) has been submitted in support of the development as part of the EIAR. 71 Perth and Kinross Heritage Trust (PKHT) has been consulted on the proposal and advised that they are in broad agreement with the mitigation measures proposed for undesignated assets as outlined in the CHA, Section 10.5 of the EIAR. It is recommended that an Archaeological Clerk of Works is appointed alongside the production of a Written Scheme of Investigation which will outline in full the archaeological mitigation across the development site. These matters would be required to be secured via appropriate conditions. 72 Potential setting impacts have been assessed as the proposed development would be theoretically visible from some listed buildings and scheduled monuments in the vicinity. However, the CHA demonstrates consider that the level of impact is unlikely to be significant. Natural Heritage and Biodiversity 73 Policy 3 (Biodiversity) of NPF4 and policy 41 (Biodiversity) of LDP2 are applicable to the proposal. 74 The submitted information is comprehensive, and survey methods are in accordance with published best practice. The Protected Species Survey Report mentions presence of badgers, but the confidential part of the Report has not been provided, and so no further comment can be provided at this time. A 30m buffer zone is mentioned but it should be noted that a much higher distance is required if it is a breeding sett. 75 Application of the mitigation hierarchy has been shown in most areas through avoidance and reduction. It is noted that 19.98% of the site area of D3 lichen/bryophyte heath will be lost to allow this development to proceed which although classed as not significant, is a high proportion of the site value. It’s unclear how this loss will be compensated for. 76 A Biodiversity Net Gain calculation has been provided indicating that a 20% net gain could be achieved. The proposed measures appear reasonable and proposals to restore the degraded and highly fragmented peatland is welcomed. No mention of how restored peatland areas will be protected by deer trampling has been provided and should be included in any revised plan. 77 A commitment to submit all species records to NBN Gateway would be welcomed as positive contribution towards biodiversity enhancement, especially as Perth and Kinross is not covered by a records centre. Page 53 of 106
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78 Overall, the proposal is compliant with NPF4 Policy 3 and LDP2 Policy 41. However, should the application be approved, it is recommended that conditions are imposed to secure a revised CEMP, including measures to mitigate impacts of lighting on nocturnal species, a revised Biodiversity Net Gain Plan/Habitat Management Plan, details of monitoring arrangements and details of the ECOW. Soils 79 In terms of NPF4 Policy 5, the site includes areas of localised peat deposits, as confirmed through site surveys/peat probing. Policy 5cii supports the development of renewable energy generation proposals on peatland, carbon rich soils and priority peatland habitats, with further information required as per Policy 5d. The development has been designed and sited to minimise the impact on surveyed localised peat deposits. In line with Policy 5d, further consideration should be made of the requirement for restoring and/or enhancing the site into a functioning peatland system capable of achieving carbon sequestration, potentially linked to Policy 3 requirements around biodiversity enhancement. 80 The documentation addressing environmental constraints shows the construction compound is to be located in areas with peat depths of 2 to over 3m. Figure 7.2 of the EIAR confirms the following components within the development are on class 1 Nationally important carbon-rich soils, deep peat and priority peatland habitat. • Construction compound 1 • LiDAR foundation • Substation platform • Batching plant • Laydown area • WTG Hardstands for T11E, T05E, T02E, T21, T16E • Parts of borrow pit 3 81 Figures 7.5 and 7.5.2 (peatland condition assessment) show a number of peat areas marked as ‘actively eroding’ or ‘drained’. It is unclear whether this has been taken into consideration during the design of the development layout. 82 Figure 7.15 (Outline Biodiversity Enhancement Management) shows the majority of class 1 areas impacted by the development are included in the proposed HMA A Peatland Restoration/ Enhancement. 83 The Peat Management Plan outlines over 200,000 m3 are expected to be removed. While the plan includes the extensive reuse of that peat, the volume of material removed raises concern. The location of some of the elements within the development suggests that impact on high value soils could have been further avoided. However, it is understood that SEPA have not opposed the proposed impact and mitigation measures. Page 54 of 106
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Economic Impact and Community Benefit 84 The Economic and Community Impact report describes the potential for the development to create positive impact on local communities. The supply chain development plan is framed around two scenarios: • Commitment scenario: 10% of CAPEX, 45% of OPEX will benefit businesses in Perth and Kinross and Stirling. 30% and 92% will benefit those based in Scotland. • Ambition scenario: 12% of CAPEX, 57% of OPEX would benefit businesses in Perth and Kinross and Stirling. 33% and 98% to those based in Scotland. 85 Based on the available information, it is unclear whether the applicant will be able to achieve the ambition scenario, or the requirements for this to happen. 86 The document also introduces the applicant’s approach to Community Wealth Building, aiming to maximise net economic impact for the local community. This includes plans to engage in early and open discussion with the supply chain and potential businesses within Perth and Kinross and Stirling to share project plans, identifying opportunities for local involvement and support any required investment ahead of construction. 87 The application considers that the experience of the applicant in the area, with two other onshore wind farms operating since 2013, will allow them to establish a more robust conversation with local supply chains, increasing their opportunity to maximise positive impact. 88 The proposed development is also expected to create positive impact on local workforce and skills. Public exhibitions in St. Fillans and Lochearnhead allowed the applicant to engage with local communities and businesses to raise awareness of the opportunities related to the development. Conclusion and Reasons for Recommendation 89 To conclude, the proposed development is considered to not be in accordance with the Development Plan. Account has been taken of the relevant material considerations and none has been found that would justify overriding the Development Plan. 90 Accordingly, it is recommended that PKC objects to the proposal on the grounds identified below. Reasons for Recommendation 1. The proposal will bring about significant adverse effects on Loch Rannoch and Glen Lyon NSA to the extent that the overall integrity of the area will be compromised. While considerable weight is to be given to the contribution the proposed development could make in achieving renewable energy generation Page 55 of 106
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targets, this does not overcome the significant detrimental impact the proposal will have on a nationally important landscape designation. The proposal is therefore contrary to National Planning Framework 4 (2023) Policy 4 ‘Natural Places’, as well as the adopted Perth & Kinross Local Development Plan 2 (2019) Policies 33 ‘Renewable and Low Carbon Energy’ and 39 ‘Landscape’. Background Papers Letters of representation N/A Authors Name Designation Contact Details Alex Gudgeon Planning Officer (Majors) developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 20 August 2025 Page 56 of 106
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Ü © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 3 September 2025 25/00151/ECU36 To construct and operate Glentarken Wind Farm (A proposed wind farm development of up to 12 wind turbine generators with a blade tip height up to 180m and a Battery Energy Storage system, with a total generating capacity greater than 50MW) - ECU00004700 on land 5.5km north-west of The Kopje, St Fillans, Crieff Scale 1:50,000 5(1)(i) Page 57 of 106
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Ü © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 3 September 2025 25/00151/ECU36 To construct and operate Glentarken Wind Farm (A proposed wind farm development of up to 12 wind turbine generators with a blade tip height up to 180m and a Battery Energy Storage system, with a total generating capacity greater than 50MW) - ECU00004700 on land 5.5km north-west of The Kopje, St Fillans, Crieff Scale 1:30,000 5(1)(i) Page 59 of 106
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Perth and Kinross Council Planning and Placemaking Committee – 3 September 2025 Report of Handling by Development Management and Building Standards Service Manager (Report No. 25/217) Proposal: Formation of a 30MW battery energy storage facility comprising battery storage units, ancillary buildings and equipment, access road and associated works Location: Land 600 Metres North East Of Cordon Farm, Abernethy Ref. No: 24/01558/FLM Ward No: P9- Almond and Earn Summary This report recommends refusal of the application as the development is not considered to comply with the relevant provisions of the Development Plan and there are material considerations apparent which outweigh the Development Plan. Background and Description of Proposal 1 It is proposed to develop a battery storage facility (BESS), with a total of 30 units, which will connect into the local distribution network at the Abernethy substation, located approximately 1.5km to the south-east of the site. The proposed development consists of the construction, operation, management and decommissioning of the BESS and associated infrastructure. A grid offer has been secured for the proposed development. If it became operational, the BESS facility would be highly flexible in its ability to meet the needs of the local distribution operator. It has been designed to provide frequency response services during periods of system instability or stress and would provide energy storage backup and supply capability during periods of system imbalance. 2 Energy storage is an important facilitator in the transition to, and integration of, energy to the grid from renewable sources. By reacting almost instantaneously during periods when renewable resources are not generating, or by storing power during periods of excess renewable output, it provides a quantifiable, stable, and reliable supply of power. This contribution plays a crucial role in the establishment of a resilient, cost-effective, and decarbonised energy system. 5(2)(i) Page 61 of 106
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3 The site has a wide, open, flat character distantly framed by hill ranges to the south and northeast, and forms a small part of a large broadly rectangular shaped field. It is currently under arable production, although does not categorise as prime agricultural land. Running through the centre of the field on a diagonal axis are overhead power (OHP) lines extending to Abernethy substation to the southeast and the wider Perth area to the north-west. The west and southeast boundaries of the field are lined with shrubs and trees, with all other boundaries open. The field’s northern boundary borders the southern banks of the River Earn, with the site boundary being some 550m to the south of the river. 4 The Nethy Burn is a watercourse that flows to the southeast of the site, part of which flows through a strip of woodland. To the west of Cordon Farm, the Ballo Burn flows on a north south axis under the railway line and into Abernethy. Carey Stank flows further west from its confluence with the River Earn towards Abernethy through arable farmland, and is culverted to the north of Broadwell Farm. 5 Fields in the vicinity of the site have few or no hedgerows. There are some small, scattered woodland blocks in a predominantly open landscape, which vary between a mix of deciduous and evergreen species. Site History 6 07/00487/FUL Full Planning Permission was approved on 5 April 2007 for the erection of a steel framed agricultural grain store and general storage building. 7 17/01234/FLL Full Planning Permission was approved on 19 October 2017 for the erection of an agricultural building for free range egg production and associated works. 8 24/00851/FLM Full Planning Permission Major was approved on 24 June 2024 for the formation of a 30MW battery storage facility comprising battery storage units, ancillary buildings, vehicular access, landscaping and associated works. 9 24/00006/PAN was received on 26 July 2024 for the formation of a 30MW Battery Energy Storage System (BESS), formation of vehicular accesses, tracks and associated infrastructure. 10 17/00487/FLL Full Planning Permission was approved on 30 June 2017 for the installation of photovoltaic solar panel farm and ancillary works. 11 19/01950/FLL Full Planning Permission was approved on 17 March 2020 for the installation of a photovoltaic solar panel farm and ancillary works (S42 to modify condition 8 (revised angle) of planning permission 17/00487/FLL). 12 20/00816/FLL Full Planning Permission was approved on 7 December 2020 for a S42 application to modify condition 4 (duration of permission) of permission 19/01950/FLL. Page 62 of 106
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13 22/00026/PAN On 16 December 2022 for the formation of a 30MW battery storage facility with associated access and infrastructure. 14 23/02060/FLL Full Planning Permission on 15 February 2024 for the renewal of planning permission 20/00816/FLL (S42 application to modify condition 4 (duration of permission) of permission 19/01950/FLL). 15 24/00851/FLM Full Planning Permission Major on 24 June 2024 for the formation of a 30MW battery storage facility comprising battery storage units, ancillary buildings, vehicular access, landscaping and associated works. 16 24/00006/PAN On 26 July 2024 for the formation the of a 30MW Battery Energy Storage System (BESS), formation of vehicular accesses, tracks and associated infrastructure. 17 17/00487/FLL Full Planning Permission was approved on 30 June 2017 for the installation of photovoltaic solar panel farm and ancillary works. 18 19/01950/FLL Full Planning Permission was approved on the 17 March 2020 for the installation of photovoltaic solar panel farm and ancillary works (S42 to modify condition 8 (revised angle) of planning permission 17/00487/FLL). 19 20/00816/FLL Full Planning Permission was approved on 7 December 2020 for a S42 application to modify condition 4 (duration of permission) of permission 19/01950/FLL. 20 22/00026/PAN on 16 December 2022 for the formation of a 30MW battery storage facility with associated access and infrastructure. 21 23/02060/FLL Full Planning Permission on 15 February 2024 for a renewal of planning permission 20/00816/FLL (S42 application to modify condition 4 (duration of permission) of permission 19/01950/FLL). 22 24/00851/FLM Full Planning Permission Major on 24 June 2024 for the formation of a30MW battery storage facility, comprising battery storage units, ancillary buildings, vehicular access, landscaping and associated works. 23 24/00006/PAN On 26 July 2024 for the formation of a 30MW Battery Energy Storage System (BESS), formation of vehicular accesses, tracks and associated infrastructure. Environmental Impact Assessment 24 An EIA screening has been undertaken. The proposal being a Schedule 2 development in terms of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. In the case of these regulations, prohibition is given to the granting of planning permission to “EIA development” unless an environmental impact assessment has been undertaken. In this case the Council has taken the opinion that it is not EIA development, and that Page 63 of 106
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sufficient information has been submitted with the application to enable a determination in consideration of all relevant environmental matters. These environmental aspects requiring further consideration, are namely: noise, landscape and visual amenity, trees and biodiversity, roads and transportation and flood / drainage matters. Pre-Application Consultation 25 The proposed development is classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009; therefore, the applicant is required to undertake not any formal pre- application consultation with the local community. 26 A PoAN which set out the applicant’s approach to public consultation, was submitted to the Council on 05th July 2024. The PoAN form was submitted with a covering letter, aerial photo of the location, location plan and layout plan. 27 Two in-person consultation events took place at Williamson Hall, Kirk Wynd, Abernethy. The first event took place on 13th September 2024 between 3 and 7pm. This was attended by three members of the project team who were available to talk through the project with members of the public and interested parties. A total of 6 attendees took part in this event. The event was publicised through the letter drop and a public notice was placed in The Perthshire Advertiser on 23rd August 2024. The advert provided details of the proposal, site location, and gave notice of the event date. The Applicant’s contact details were provided, together with a deadline of 27th September 2024 by which to submit comments. 28 The second in person event took place on 25th September 2024 between 3 and 7pm. This was attended by three members of the project team who were available to talk through the project with members of the public and interested parties. A total of 5 attendees took part in this event. The event was publicised through the letter drop and a public notice was placed in The Perthshire Advertiser on 13th September 2024 and a reminder email was also sent on 19th September 2024 to Abernethy Community Council, PKC Ward Councillors, the SMP and MP about the second event. The advert provided details of the proposal, site location, and gave notice of the event date. The Applicant’s contact details were provided, together with a deadline of 27th September 2024 by which to submit comments. Development Plan 29 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. Page 64 of 106
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National Planning Framework 4 30 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. 31 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 5: Soils • Policy 7; Historic Assets and Places • Policy 6: Forestry, Woodland and Trees • Policy 11: Energy • Policy 29: Rural Development Perth and Kinross Local Development Plan 2019 32 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 33 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 6: Settlement Boundaries • Policy 8: Rural Business and Diversification • Policy 26A: Scheduled Monuments • Policy 26B: Archaeology • Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy • Policy 35: Electricity Transmission Infrastructure • Policy 39: Landscape • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure Page 65 of 106
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• Policy 50: Prime Agricultural Land • Policy 51: Soils • Policy 52: New Development and Flooding • Policy 53C: Water Environment and Drainage: Surface Water • Policy 56: Noise Pollution • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 34 • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Landscape (adopted in 2020) PKC Non Statutory Guidance 35 • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft) National Guidance 36 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 37 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 69 Planning and Building standards Advice on Flooding • PAN 75 Planning for Transport Creating Places 2013 38 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. National Roads Development Guide 2014 39 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. Page 66 of 106
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Consultations 40 As part of the planning application process the following bodies were consulted: External 41 Transport Scotland - No objection to the proposed development. 42 Historic Environment Scotland (HES) - Objection. Further information is required to determine the impact of the proposed development on Carey, Roman temporary camp and enclosure, Abernethy. There are significant concerns with the proposed creation of a temporary access road across the scheduled area of Carey Roman Temporary camp and enclosure. 43 National Gas Transmissions - An assessment has been carried out with respect to National Gas Transmission plc's apparatus and the proposed work location. Based on the location entered into the system for assessment the area has been found to be within the High Risk zone from National Gas Transmission plc's apparatus. This being the case, further assessment is required from the Asset Protection Team. Before commencing with any works on – site, all plans and a description of the proposal must be submitted for review. Furthermore, there is a National Gas Transmission operated, high pressure pipeline located 150m from the site boundary. This being the case, it is recommended that a condition is included regarding the requirement of an Earthing Report to be submitted. 44 Health and Safety Executive - No objection. However, if the proposed development is located within a safeguarding zone for a HSE licensed explosives site then contact should be made with HSE's Explosives Inspectorate. If the development is over a major accident hazard pipeline or in the easement around a major accident hazard pipeline, the pipeline operator should be consulted. If the development involves a new substation or the storage of electrical energy such as in a large battery storage unit and the development is proposed adjacent to a COMAH (Control of Major Accident Hazards) establishment, then the operator of the COMAH establishment should be consulted. If the development involves a substation or the storage of electrical energy such as in a large battery storage unit, and it is proposed in the vicinity of a nuclear site, the Office for Nuclear Regulation (ONR) should be consulted. 45 Perth and Kinross Heritage Trust (PKHT)- No objection. However, the proposed development site lies within an area that is considered archaeologically sensitive. This being the case, it is recommended that a condition is included to ensure that a programme of archaeological works takes place to assess the presence / absence, character, and significance of archaeological deposits on the site. 46 Network Rail - Network Rail have no issues with the principle of the proposed development. However, Network Rail would object to the proposed BESS unless Page 67 of 106
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a condition relating to full compliance of the submitted Construction Traffic Management Plan and The Transport Statement, is included. Internal 47 Environmental Health (Noise Odour) - No objection, subject to conditions relating to the submitted Dust Management Plan, noise mitigation measures as per the Noise Impact Assessment, noise rating, noise limits and noise complaints, external lighting and construction working hours. 48 Environmental Health (Contaminated Land) - No objection. A search of the historic records did not raise any concerns regarding ground contamination and, therefore, there are no adverse comments to make on the application. 49 Development Contributions Officer - No objection and no comments to make on this proposal in terms of the Developer Contributions and Affordable Housing Supplementary Guidance. 50 Transportation and Development - No objection subject to conditions relating to a Construction Traffic Management Plan, the protection of the core paths, and to prohibit the use of construction traffic on the proposed operational route. 51 Structures and Flooding - No objection, subject to a recommended condition relating to SuDS. 52 Biodiversity/Tree Officer - No objection subject to conditions relating to the conclusions and recommendations of the submitted Biodiversity Study, an updated ecology survey (including a revised otter survey), a Construction Environment Management Plan, the submitted landscaping and parking scheme and details of biodiversity enhancements. 53 Development Plan Team - No objection, subject to the submission of fire safety information. Representations 54 Three representations were received. The main issues raised within the representations are: • The proposed development will result in an adverse impact on the existing roads network through construction traffic. • The proposed development will result in a fire risk. • The proposed development will result in a flood risk. • The proposed development will result in an adverse impact on the river Tay SAC. 55 These issues are addressed in the Appraisal section of the report. Page 68 of 106
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Additional Statements 56 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations AA not required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Submitted Appraisal 57 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. Principle 58 The location is a peripheral rural area 1.2km north of Abernethy, and approximately 300m to the east of Cordon Farmhouse. Policy considerations seeking to assess its suitability in principle are: LDP2 Policies :1A, 1B, Placemaking; Policy 8 Rural Diversification; Policy 33A: Renewables and Low Carbon Energy; Policy 50 Prime Agricultural Land; and Policy 51: Soils. The relevant NPF4 policies are Policy 1: Tackling the Climate and Nature Crises; Policy 2: Climate Mitigation and Adaptation; and Policy 11: Energy. 59 The proposal would provide essential energy balancing services to the National grid, actively contributing towards Scotland's CO2 reduction targets, supporting the principles of Scotland’s Energy Strategy (SES). Specifically, electricity would be drawn from the grid at times of low demand, stored and released back as required. When demand is higher, greater generation from non-renewable sources is required and energy storage facilities such as that proposed could reduce reliance on non-renewable resources, thus decreasing CO2 emissions. 60 NPF4 sets out six overarching spatial principles with “Just Transition” relating to the construction of renewable energy and their contribution to achieving net zero. The NPF4 Sustainable Places section emphasises the link to Scotland’s Climate Change Plan and sets the approach to achieving net zero emissions by 2045 and making significant progress by 2030. The NPF4 also links to Scotland’s Energy Strategy and highlights the importance of land and sea to be critical in delivering Page 69 of 106
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renewable energy developments. NPF4 provides detailed policy on Climate Change and Energy and details developer expectations to how proposed schemes will accord with the policies set out in the document. The overarching policy intent in NPF4 is to encourage, promote and facilitate all forms of renewable energy development onshore and offshore. 61 Policy 33A of LDP2 and Policies 1, 2 and 11 of NPF4 specifically encourages low carbon energy solutions where specific grid connection or the use of established infrastructure can occur. Therefore, on balance, and given the site-specific reasoning for the location of the battery storage unit, the proposed development could be supported in principle. Furthermore, consideration must be given to the finite lifespan of this facility. Whilst the overall operational life will be some 50 years, minimal disturbance to the site will be required, allowing the pre-existing land use to resume afterwards. However, it is important to note that the cumulative impacts of developments such as BESS and solar farms within the Abernethy area must be taken into full consideration when assessing this application. The importance of considering the cumulative effects of developments of this type on the appearance and character of the local landscape can be clearly seen when examining the below list of similar, recent applications, located in and around Abernethy: 62 24/01386/FLM - Formation of a 49.9MW battery energy storage facility comprising battery storage units, ancillary buildings and equipment, access road and associated works on land 200 metres North of Pitcurran House, Newburgh Road, Abernethy – approved. 63 22/00746/FLM - Formation of an up to 49.99MW energy storage compound comprising battery storage units, ancillary buildings, landscaping and associated works – approved. 64 25/00545/ECU36 - Installation of a 64.9MW battery energy storage system and associated infrastructure – ECU00005044 – No objection to ECU 65 22/00832/FLM - Formation of a 49MW battery energy storage facility comprising battery storage units, ancillary buildings, vehicular access, landscaping and associated works – approved. 66 25/00009/CONSUL - Installation of a 64.9MW battery energy storage system and associated infrastructure - ECU00005044 on land 60 metres North of Abernethy Cemetery, Newburgh Road, Abernethy – Pending. 67 22/02217/FLL - Formation of an energy storage facility comprising of 4 paired energy storage units and a control building – approved. 68 24/01870/ECU37 - Tealing to Westfield OHL 400 KV upgrade (reconductoring) - ECU00005168 on land 300 metres South of Mains of Megginch, Errol – No objection to ECU. Page 70 of 106
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69 19/01950/FLL - Installation of photovoltaic solar panel farm and ancillary works (S42 to modify condition 8 (revised angle) of planning permission 17/00487/FLL) - approved. 70 Note that the above list is not exhaustive. A full list of applications can be found at: Simple Search Design and Layout 71 LDP2 Policy 1A: Placemaking, requires new development to positively contribute to the quality of the surrounding built and natural environment. It further requires development to accord a series of place making criteria outlined in part B of the policy. On this basis, the physical nature of the proposal in terms of design, layout and physical characteristics must also be considered. 72 The design and layout essentially reflect the physical and engineering requirements for this type of development, taking into account environmental and technical standards. Perimeter fencing and CCTV contain the BESS compound to the west and the primary substation compound to the east. Within the BESS compound an access track is proposed around the perimeter of the site. This provides access to all parts of the site and is proposed to be constructed from permeable material. The proposed access track connects at two points to the existing track to the south of the site creating an informal one-way system. Two rows of BESS units will be arranged horizontally either side of a central row of PCS units. In addition, three storage units will be located along the southern edge of the site. Surface material within the site between the units will be permeable gravel aggregate or similar. 73 The proposed layout shows 30 BESS units, with each unit measuring 12.2m in length, 3m in height and 2.5m in width. The units are typically of metal construction and have a similar appearance to a shipping container. They will be positioned on three concrete plinths, with a minimum height of 100mm and maximum height of 500mm. Therefore, the maximum height of the BESS unit when installed will be 3.5m. 74 The PCS units are of metal construction and again are finished in dark green colour, with each unit measuring 12.2m in length, 2.5m in width and 3m high. The unit will sit above a series of concrete plinths measuring between 10-50cm high. The plinths will be positioned on a gravel subbase to aid free drainage. 75 Furthermore, the DNO and Switchgear buildings are clad in metal panels approximately 7.1m in length, 4.3m in width and 4m in height. The indicative switchgear drawings show a concrete base foundation approximately 7.3m in length x 4.5m wide and 100mm in height. However, the final design solution is likely to be smaller than the submitted typical unit presented within the application. In order to assess the impact of the development a worst-case scenario has been presented by the applicant. Page 71 of 106
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76 Notwithstanding the above, the proposed development will result in an industrial installation in a rural location, and therefore, it will be out of context with the surrounding landscape. Furthermore, the proposed BESS will not contribute positively to the quality of the surrounding environment and, in terms of placemaking, will further exacerbate the cumulative effects of this type of development in the wider Abernethy area. In light of this , and given the scale and location of the proposed development, it is considered that the introduction of such an industrialised feature into the landscape, with limited mitigation (at least in the first decade), will have a significant and immediate impact on the character and amenity of this location. Therefore, it is considered that the proposed development is contrary to LDP2 Policy 1A: Placemaking. Landscape and Visual Amenity 77 Perth and Kinross Council LDP2, Policy 39: Landscape states that development and land use change, including the creation of new hill tracks, should be compatible with the distinctive characteristics and features of Perth and Kinross’ landscapes. Accordingly, development proposals will be supported where they do not conflict with the aim of maintaining and enhancing the landscape qualities of Perth and Kinross, or the quality of landscape experience. 78 In this instance, a Landscape and Visual Impact Assessment (LVIA) has been Submitted. The site is considered by the applicant to have a negligible impact on the local landscape character type, due to the flat nature of the landscape and the geometric fields. The sensitivity of “medium” assigned in the LVIA accords with the Tyldesley (2010) study referred to. The LVIA has suggested that, pre- mitigation, the industrial nature of the site would have a more than negligible impact on the agricultural landscape setting of the site. This effect increases when the other proposals in the surrounding area are taken into account, including solar and battery storage installations. Substantive planting could reduce this impact. 79 Furthermore, the LVIA states that given the low lying nature of the BESS, when located in a flat landscape, the visual impact would be negligible and that battery storage is of less impact than agricultural barns. However, the industrial nature of the installation is less in keeping with the rural landscape than an agricultural barn and, therefore, it would have a greater impact than has been suggested by the applicant. This would be the case until at least year 10, when planting is expected to be sufficiently mature. 80 The landscape and visual impacts of the proposed BESS alone are likely to be notable until screening is fully developed. NPF4 Policy 11(e)(ii) states that, where impacts are appropriately mitigated, development should generally be considered acceptable. However, account should be taken of the sufficiency of the planting, the time taken for it to mature, the effectiveness of the screening throughout the year and the cumulative effect on the landscape. Whilst the development may soften in time as planting becomes established there will be an immediate and sudden change in landscape character in this localised setting, impacting not just views outward from Abernethy, but also local walking and cycling routes. Page 72 of 106
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81 In terms of the impact on the setting of the Ochil Hills, the LVIA recognises the importance of the setting and that the BESS is a small part in the wider panoramic view. Nonetheless, the proposed development would have a moderate adverse impact at some locations, including Castle Law Hill in the short term. Cumulative impacts are addressed in the LVIA, and the impact on the Landscape Character Type extends the energy infrastructure in this area. Although the other BESS are closer to Abernethy and the substation, the proposed development in combination with the solar farm introduces an additional element into the landscape contributing to a patchwork of industrialisation in this locality. 82 The development is considered contrary to Policies 1A and 1B of the LDP2 2019 as well as the adopted Placemaking Supplementary Guidance. NPF4 Policy 11: Energy states that greater weight, in any planning balance under this policy, is placed on renewable energy benefits. However, in order for a development to be fully supported by this policy it is necessary for a development proposal to set out appropriate mitigation. In this case it is not considered appropriate mitigation is offered to offset significant landscape character impacts. Overall, the proposed development will have an adverse impact on the landscape character of the local area 83 Furthermore, all proposed planting and landscaping will take time to grow to, and be maintained at, an adequate height to help soften the visual impact of the development. This being the case, the proposed BESS will result in an adverse impact on the overall landscape experience. Therefore, the proposed development is contrary to LDP2 Policy 39 and NPF 4 Policy 11. Residential Amenity 84 LDP2 Policy 56: Noise Pollution states that there will be a presumption against the siting of development proposals which will generate high levels of noise in the locality of existing or proposed noise sensitive land uses and similarly against the locating of noise sensitive uses near to sources of noise generation. 85 The applicant has submitted a Noise Impact Assessment with this application. The assessment was conducted in line with the British Standard (BS) 4142:2014+A1:2019 ‘Methods for rating and assessing industrial and commercial sound’ methodology, which is the industry standard for assessment of commercial and industrial sound. As the battery storage facility is expected to be operational for 24 hours use the assessment has been undertaken for the daytime (0700 to2300) and nighttime periods (2300 to 0700). The main sources of noise at the site are 2x Substations, 15xPCS units and 30x Liquid Cooling BESS units. The NIA concluded that the results of the assessments demonstrate that the proposed development would not result in an adverse impact to amenity of the closest residential properties. 86 LDP2 Policy 55: Nuisance from Artificial Light and Light pollution is also a relevant policy in the assessment of this application. Page 73 of 106
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87 External lighting is likely to be required to allow for night-time safety and security, incorporating operational requirements. The exterior lighting scheme design would be likely to be in the form of low-level lighting, activated only when required. The aim would be to ensure adequate illumination for night visits if required, to deter trespassers and provide adequate security, whilst minimising light spillage into surrounding areas. 88 LDP2 Policy 57: Air Quality is also a relevant policy in the assessment of this application. 89 A dust impact risk assessment was undertaken using the method set out in the IAQM guidance. There are no residential receptors within 350 m of the site and only three residential properties have been identified along the route used by vehicles accessing the site during construction works. Therefore, the sensitivity of the area to dust soiling impacts is ‘low.’ 90 Appropriate dust management and mitigation measures for the site have been selected considering the dust sources on site; the location and proximity of sensitive receptors and their sensitivity to dusts; and the weather conditions. A Dust Management Plan (DMP) has been submitted with mitigations measures in line with the dust risk assessment outcomes. 91 Notwithstanding the above, any consent issued should include conditions in relation to the approved Dust Management Plan (DMP), the approved Noise Impact Assessment, the enclosure of all plant and machinery, external lighting and construction working hours. Therefore, subject to conditions, the proposed development is considered to be in accordance with LDP2 Policies 55, 56 and 57. Fire Safety 92 The provided fire safety checklist states that water source will be discussed with the fire service. It is necessary to identify requirements prior to granting permission as there are aspects which require land use change: • A water source with appropriate capacity is required prior to granting permission as this may necessitate water storage tanks on site. • The site must be accessible by fire vehicles or that provision has been made for fire vehicles to turn or pass. Fire Service guidance requires there be 2 access points. • Provision must be made for storage of water runoff from fire-fighting. This may require underground storage or bunding, particularly given the connectivity to the Tay SAC (not addressed in the EcIA). • Surfaces on site should be impermeable to protect soils in case of fire. 93 However, in this instance, the information listed above has not been submitted by the application. Given that the application is being recommended for refusal on Page 74 of 106
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other grounds, this information has not been sought. It is important to note that this information could be conditioned if an approval was being recommended. Soils and Prime Agricultural Land 94 In this instance, the relevant policies are LDP2 Policy 51: Soils, and NPF4 Policy 5: Soils. 95 LDP2 Policy 51: Soils states that the Council seeks to protect soils from damage such as erosion or compaction. Developments located on areas of good quality agricultural soils will only be supported where they: (a) minimise impact on soil resources; (b) implement appropriate soil management measures, particularly for valuable soils such as good-quality agricultural soils*, and soils with a high organic content; (c) adopt best practice when moving, storing and reinstating soils (d) consider opportunities to re-use soils necessarily excavated from the site. 96 A report has been provided showing that the land under the development is class 3.2 which is not prime agricultural land. It does, however, constitute good quality soil as per LDP2 Policy 51. In this instance, Policy 51 has not been fully addressed in the Design and Access Statement. Furthermore, the location of the development site necessitates the use of significant planted screening which, while necessary for landscape reasons, will result in an increase in the loss of productive soil use. In light of this, any consent issued would require a condition that a Soil Management Plan is submitted for approval, prior to development commencing on – site. Therefore, subject to condition if the proposal was recommended for approval, the proposed BESS is in accordance with LDP2 Policy 51 and NPF4 Policy 5. Roads and Access 97 LDP2 Policy 15: Public Access states that development proposals that would have an adverse impact upon the integrity of any (including proposed) core path, disused railway line, asserted right of way or other well-used route and connectivity proposals identified in the Regional Transport Strategy and Delivery Plan will not be permitted. 98 The construction route is part of the core path network, ABNY/103 - A913 at Broadwell, Glenfoot, to Carey, ABNY/122 - A913 via Hatton Road to Hatton, and ABNY/109 – Abernethy at A912 & Station Road to Carey via Hatton. The operational route to the site also utilises the core path network ABNY/122 - A913 via Hatton Road to Hatton. This being the case, any consent issued would require a condition that all sections of the adjacent core path network shall be protected during, and after, construction. Page 75 of 106
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99 LDP2 Policy 60A: Existing Infrastructure, sees existing transport infrastructure identified, and encouragement given to the retention and improvement of these facilities provided the improvements are compatible with adjoining land uses. 100 The applicant proposes to utilise the M90, A912 and A913 to access the site for the purposes of construction, using the private access track at Broadwell Farm to gain access to the site. The project is estimated to take up to 6 months to construct, with deliveries fluctuating throughout the construction period. It is estimated that there will be an average of six HGV visiting the site per day. During the period of construction, it is estimated that there will be up to 10 staff on site per day. 101 The applicant has advised that to reduce the impact of the development that they will introduce a booking system with fixed arrival times to ensure HGV traffic can arrive and depart without encountering other construction traffic along the private access. 102 Furthermore, a Construction Traffic Management Plan will be required for the development if it was approved, which would require focus on the mitigation to be provided to the public road network during the construction phases, in order to prevent damage to the local road and core path networks. Any consent issued would require a suitably worded condition to this effect. A further condition should be included to ensure that the operational route will not be used for construction traffic nor for the decommissioning phase of the project. In light of the above, and subject to conditions, the proposed development is in accordance with LDP2 Policies 15 and 60A. Drainage and Flooding 103 LDP2 Policy 52: New Development and Flooding, states that the Council supports the actions and objectives to avoid increased, reduce overall, and more generally manage flood risk in alignment with SEPA Strategies and Plans. NPF4 Policy 22 states that development proposals must have regard to the water environment, and drainage, including floodwater management, within any proposal. 104 The development area is located outside of fluvial and coastal flood extents, including the extent for future flood scenarios. Medium to High surface water flooding areas are located within the proposed development site. A Flood Risk Assessment (FRA) has been submitted as part of this application. The FRA indicates that the development is unlikely to increase flood risk in other areas, and managing surface water on the site would result in a positive reduction of flood risk. 105 Also relevant to the flood risk of the site is LDP2 Policy 53C: Surface Water Drainage, requires Sustainable Urban Drainage Systems (SUDS) measures including relevant temporary measures at the construction phase. Page 76 of 106
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106 In this instance, there has not been any information submitted regarding surface water drainage provision. This being the case, any consent issued would require a condition that full design details of a sustainable urban drainage system (SuDS) are submitted for approval, prior to development commencing on-site. Therefore, subject to condition, the proposed development is in accordance with LDP2 Policies 52 and 52C River Tay Special Area of Conservation Catchment 107 The River Tay is not expected to be directly affected based on the supplied drawings and reports. However, it is advisable to adhere to the SEPA Pollution Prevention Guidelines (PPG). Consideration should also be given to the impact on the River Tay Special Area of Conservation. This being the case, a condition could be included to ensure that a Construction Method Statement is submitted prior to development commencing on site. Furthermore, any revisions to the FRA must be reflected in an updated Drainage Strategy, which could also be covered by a condition. In terms of drainage, and subject to conditions, the proposed development is in accordance with LDP2 Policies 47 and 53C. Conservation Considerations 108 Polices 26A and 26B of the LDP2 and Policy 7 of NPF4 are applicable to the application. The proposed development site lies within an area that is considered archaeologically sensitive. The development lies adjacent to the post glacial shoreline and recent archaeological research located a significant Mesolithic camp site, the first monument site of its type found in Perth and Kinross. 109 The proposed access appears to be using existing tracks, some of which appears to go through the scheduled monument at Carey Roman Temporary Camp with no indication of any required upgrades to existing accessways. As a result of consultation with Historic Environment Scotland, further details on the options appraisal/route selection process and details of any alternative routes that would avoid the scheduled area must be provided. Furthermore, an assessment of the likely impacts on the monument must be submitted. This should include consideration of construction risks, potential for compaction with regard to the weight and frequency of vehicle movements fully informed by an assessment of the likely depth and nature of surviving archaeological deposits along the route of the track. 110 However, a revised access report, taking into consideration any potential impacts on the scheduled monument, has not been provided. Therefore, it has not been possible to fully assess the potential archaeological impacts of the proposed development. This being the case, the proposed BESS is considered to be contrary to LDP2 Policies 26A, 26B and NPF4 Policy 7. Natural Heritage and Biodiversity 111 LDP2 Policy 40: Forestry, Woodland, and Trees states that Tree Surveys, undertaken by a suitably qualified professional, should accompany all Page 77 of 106
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applications for planning permission where their sites contain trees and that there is a presumption in favour of protecting woodland resources. This policy is relevant in relation to the hedging on the site. 112 LDP2 Policy 41: Biodiversity states that the Council will seek to protect and enhance all wildlife and wildlife habitats, whether formally designated/protected or not, all whilst taking into account the ecosystems and natural processes in the area. 113 The submitted Preliminary Ecological Impact Assessment (EcIA) was undertaken at the correct time of year but the otter survey is not in accordance with best practice as the survey was undertaken following heavy rain. Best practice warns against this as washes away field signs. This reduces confidence in the otter survey results and the survey should have been repeated once the weather conditions were more suitable. This being the case, any consent issued would require a condition that a further otter is survey is carried out. 114 Based on the conclusion of the submitted Winter Bird Survey Report, measures that would improve habitat and food sources for yellowhammer, reed bunting, grey partridge, fieldfare, tree sparrow and linnet, should be considered. Many of these species are of UK conservation concern and are listed as priority species in the Tayside Local Biodiversity Action Plan. As outlined in the PKC Planning for Nature, all Major Developments are required to submit a Site Biodiversity Action Plan. In light of this, any consent issued would require a condition to this effect. 115 The proposed development is located within 2km of five statutory designated sites for nature conservation including SAC and SPA. From the information submitted, it appears this proposal could have likely significant effects on these sites. Therefore, the Planning Authority must undertake an Appropriate Assessment in line with the Habitats Regulations Appraisal. Information to inform this Assessment such as detailed methods and proposed mitigation measures should be provided by the applicant. 116 Limited information regarding achieving the significant biodiversity enhancement required by NPF4 has been provided. However, woodland creation, joining up of habitats, grassland management, bird and bat boxes are proposed. Some mitigation measures have been provided in the submitted ecological information. However, a Construction Environment Management Plan (CEMP), outlining the measures to protect the watercourse from the impact of pollution and sediment to ensure no adverse effects on designated sites, should be submitted and approved in writing by the Council as Planning Authority. This being the case, any consent issued would require conditions to cover the submission of a CEMP, and the details of all proposed mitigation measures. A further condition regarding the proposed biodiversity enhancements will also be included in any consent that is issued. Page 78 of 106
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Economic Impact 117 The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. However, the proposal will support local renewable energy generation by helping balance fluctuations of intermittent energy generation. It will assist in the creation of a national grid asset of regional significance for the Perth and Kinross area. 118 No information has been provided on how the local community will benefit from this application to satisfy the requirement in NPF4 Policy 11(c) (excluding consideration of direct community benefit payments). Consideration should be given to consideration of local priorities, maximising use of local supply chains and opportunities for local training. Consideration should be given to how the development can support NPF4 Policy 25. Variation of Application Under Section 32A 119 This application was not varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. Planning Obligations and Legal Agreements 120 None required. Direction by Scottish Ministers 121 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 122 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 account of the relevant material considerations and none has 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: 1. The development, owing to its size, appearance and location, combined with the cumulative impact from the surrounding developments, raises significant landscape character and visual impact concerns, failing to contribute positively to Page 79 of 106
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the quality of the surrounding built and natural environment. The development is therefore considered contrary to Policies 1A and 1B ‘Placemaking’, as well as Policy 39 ‘Landscape’, of the adopted Perth & Kinross Local Development Plan 2 (2019), and Policy 4 ‘Natural Places’ of National Planning Framework 4 (2023). 2. The development, owing to inadequate mitigation in seeking to offset landscape concerns raised, fails to comply with Policy 11 ‘Energy’ of National Planning Framework 4 (2023). 3. The proposed development does not comply with Policy 7 ‘Historic Assets and Places’ of National Planning Framework 4 (2023), or Policies 26A, 26B ‘Scheduled Monuments and Archaeology’ of the adopted Perth & Kinross Local Development Plan 2 (2019), as it fails to fully consider the impacts to the nationally designated asset of Carey, Roman temporary camp and enclosure, Abernethy (SM9449). It does not provide adequate evidence or justification for the chosen access route or consider alternate routes which would avoid unnecessary damage to the nationally protected site. Procedural Notes Not applicable to this application. Background Papers Letters of representation 3 Authors Name Designation Contact Details Alan Atkins Planning Officer (Majors) developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 20 August 2025 Page 80 of 106
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Ü © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 3 September 2025 24/01558/FLM Formation of a 30MW battery energy storage facility comprising battery storage units, ancillary buildings and equipment, access road and associated works on land 600 Metres North East of Cordon Farm, Abernethy Scale 1:25,000 5(2)(i) Page 81 of 106
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Ü © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 3 September 2025 24/01558/FLM Formation of a 30MW battery energy storage facility comprising battery storage units, ancillary buildings and equipment, access road and associated works on land 600 Metres North East of Cordon Farm, Abernethy Scale 1:10,000 5(2)(i) Page 83 of 106
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Perth and Kinross Council Planning and Placemaking Committee – 3 September 2025 Report of Handling by Development Management and Building Standards Service Manager (Report No. 25/218) Proposal: Erection of dwellinghouse, installation of air source heat pump, private EV charging station and associated works Location: Land 20 Metres South of East End Cottage, Balnaguard, Pitlochry, PH9 0PY Ref. No: 25/00277/FLL Ward No: P4- Highland Summary This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. Background and Description of Proposal 1 The proposal is for the erection of a four-bedroom dwellinghouse, installation of air source heat pump, private EV charging station and associated works in the hamlet of Balnaguard, located approximately 7.5 miles from Aberfeldy. 2 The site is an irregular shaped plot of land immediately south of the B898 and is ground associated with East End Cottage, which is located on the north side of the public road. East End Cottage operates as a short term let. The surrounding area is characterised by predominately 1.5-storey houses which feature a uniform architectural style, which includes pitched roofs, dormer windows and a materials palette dominated by stone. The site is enclosed by a 1.2-metre-high stone wall and includes an existing entrance that allows both pedestrian and vehicle access directly from the public road. 3 The proposed development site lies within an area that is considered to be archaeologically sensitive given its proximity to scheduled monument (SM2232, MPK1986) and its location within the historic township of Balnaguard (MPK9028). 5(3)(i) Page 85 of 106
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Site History North of East End Cottage Balnaguard 4 25/00292/FLL Erection of dwellinghouse, installation of air source heat pump and EV charger and associated works 11 July 2025 Application Withdrawn. 5 25/01053/FLL Erection of an ancillary building 28 July 2025 Pending Consideration. Pre-Application Consultation 6 Pre application Reference: No formal pre-application consultation was undertaken. 7 The proposed development is not classed as a major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was not required to undertake not any formal pre-application consultation with the local community. Development Plan 8 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 9 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. 10 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 16: Quality Homes • Policy 17: Rural Homes • Policy 22: Flood Risk and Water Management Page 86 of 106
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• Policy 23: Health & Safety Perth and Kinross Local Development Plan 2019 11 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 12 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 6: Settlement Boundaries • Policy 17: Residential Areas • Policy 26B: Archaeology • Policy 32: Embedding Low and Zero Carbon Generating Technology in New Development • Policy 39: Landscape • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 47: River Tay Catchment Area • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 53E: Water Environment and Drainage: Water Supply • Policy 56: Noise Pollution • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 13 • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) Other Material Considerations PKC Non-Statutory Guidance 14 • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity Page 87 of 106
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National Guidance 15 The Scottish Government expresses its planning policies through Planning Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Those relevant are listed below. Planning Advice Notes 16 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 67 Housing Quality • PAN 75 Planning for Transport • PAN 77 Designing Safer Places Creating Places 2013 17 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. National Roads Development Guide 2014 18 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. Local Place Plans 19 Local Place Plans are community-led plans setting out proposals for the development and use of land and set out a community’s aspirations for its future development. There are no Local Place Plans currently adopted for the area. Consultations 20 As part of the planning application process the following bodies were consulted: External 21 Scottish Water: No objection. 22 Perth and Kinross Heritage Trust: Raised concerns regarding proposal’s design and impact on historic township of Balnaguard. If granted, it was recommended Page 88 of 106
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that conditions were applied relating to the submission of a Written Scheme of Investigation (WSI) and an archaeological standing building survey. Internal 23 Transportation and Development: No objection subject to conditions relating to street lighting design and preventing surfacing aggregate discharging onto the public road. 24 Development Contributions Officer: No contribution required. 25 Environmental Health (Noise Odour): No objection with an informative applied relating to air source heat pump requirements. Representations 26 8 letters of objections and 1 general comment were received. The main issues raised within the representations are: • Excessive height • Proximity of soakaways to property boundaries • Misrepresentation of site as “vacant overgrown land” • Impact on access path and public right of way • Inappropriate design • Loss of privacy • Location/noise nuisance of ASHP • Out of character with the area • Adverse impact on visual amenity • Road safety concerns • Loss of amenity space • Parking provision • Loss of habitat for protected species • Drainage concerns 27 These issues are addressed in the appraisal section of the report. 28 The following issues are not defined as ‘material’ planning considerations: • Future use or intended use of the property • Loss of a view Additional Statements 29 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report not applicable Page 89 of 106
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Appropriate Assessment under Habitats Regulations AA not required Design Statement or Design and Access Statement not required Report on Impact or Potential Impact eg Flood Risk Assessment not required Appraisal 30 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 as outlined above. 31 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 building or its setting or any features of special architectural or historic interest which it possesses. Section 64(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 is relevant and requires planning authorities to pay special attention to the desirability of preserving or enhancing the character or appearance of the designated conservation area. Principle 32 NPF4 Policy 16 (Quality Homes) aims to facilitate the delivery of high-quality homes in the right locations. 33 NPF4 Policy 17 (Rural homes) states that development proposals for new homes in rural areas will be supported where the development is suitably scaled, sited and designed to be in keeping with the character of the area. 34 LDP2 Policy 17 (Residential Areas) identifies areas of residential uses where new development will only be acceptable where the use proposed is compatible with existing residential uses and will not adversely affect the character or amenity of the existing area. 35 It is considered that the principle of residential development is in accordance with the identified LPD2 and NPF4 policies as the proposed residential use would be compatible with neighbouring land uses within the settlement boundary of Balnaguard, which is predominantly residential and would also result in an appropriate reuse of garden ground which is currently underutilised. Design and layout considerations will be discussed further below. Page 90 of 106
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Design and Layout 36 Generally, the design and scale of development should respect its surroundings and adhere to Policies 1A and B of LDP2 which relate to placemaking and NPF4 Policy 14 (Design, Quality and Place) which seeks to deliver well designed development. 37 The proposed dwellinghouse is formed of 1.5 storeys and contains 4 bedrooms. The building is contemporary in nature, with elements of traditional proportions. The proposed finishes include an aluminium standing seam roof, stacked stone, sandstone copings, windows/dormer windows with clear glazing & aluminium frames, front and rear doors with clear glazing, and skylights & solar panels on the proposed south elevation. 38 Several objections (including external consultee feedback from Perth & Kinross Heritage Trust) raised concerns regarding the design and scale of the original design. Following discussions with the applicant’s agent, the dwellinghouse’s ridge height was reduced, the number of dormers reduced, traditional chimneys introduced, and a revised balance between traditional stone and aluminium cladding. Further concerns were raised by the case officer in relation to the overall scale and dominance of the gable ends which was addressed by adjusting the roof pitch to better integrate the building with the prevailing context of the surrounding area. Additionally, a front door and entrance were added to the north elevation to activate the street frontage and lessen the previously inward-facing nature of the original design. 39 Additional concerns were raised within the objections regarding the loss of amenity space/garden ground associated with East End Cottage and the “misrepresentation of site as vacant overgrown land”. Following the withdrawal of the application for plot 2 (25/00292/FLL), it considered that adequate amenity space provision for current and future occupants of East End Cottage will be provided to the rear of the cottage. A revised application (25/01053/FLL) is currently under consideration for an ancillary building at East End Cottage (for use as an office studio) where the existing ground to the rear will be improved. 40 In terms of overlooking/loss of privacy, whilst is acknowledged that there is only a ten-metre separation between the proposed north elevation and the one-storey cottages on the north side of the public road, overlooking is normal and expected within the context of a public road. Furthermore, due to the alignment of the proposed 1st floor dormers and the compact dimensions of cottage’s windows and skylights, it is unlikely to pose significant loss of privacy. Furthermore, the orientation of the dwellinghouse in this location is justified by the design character of the existing streetscape/established building lines where principle elevations predominately front the road. 41 In light of these revisions, it is considered that the proposal positively relates to the surrounding context and respects the character of Balnaguard. As such, there are no design and layout issues associated with this proposal and it complies with the above NPF4 and LDP2 policies. Page 91 of 106
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Residential Amenity 42 NPF4 Policy 23 (Health and Safety) states that development proposals that are likely to raise unacceptable noise issues will not be supported. 43 LDP2 Policy 56 (Noise Pollution) relates to noise pollution and seeks to ensure that developments which generate significant levels of noise are not located within close proximity to noise sensitive receptors. 44 The plans originally included the provision of an air source heat pump (ASHP) on the north-west elevation. To address potential noise nuisance concerns, the proposed ASHP has been relocated further away from residential receptors. Additionally, an informative has been applied relating to appropriate air source heat pump specifications (Informative 6). Landscape 45 The site is located within the Strath Tay Local Landscape Area (LLA). LDP2 Policy 39 (Landscapes) states that development and land use change, including the creation of new hill tracks, should be compatible with the distinctive characteristics and features of Perth and Kinross’s landscape; which requires reference to the Tayside Landscape Character Assessment. Accordingly, development proposals will be supported where they do not conflict with the aim of maintaining and enhancing the landscape qualities of Perth and Kinross. 46 In terms of visual impact on impact on the LLA, the proposal is considered to be acceptable and therefore complies with the relevant LDP2 and NPF4 policies. Roads and Access 47 The vehicular access to the plot is proposed via the adopted public road (B898). 48 The proposed site plan demonstrates that the applicant will be providing 4 car parking spaces, which meets the requirements of the National Roads Development Guide. 49 It is proposed to utilise a septic tank as private drainage arrangement. The septic tank unloading shall be undertaken off the public road network. The soakaway for the property was shown to be less than 5 metres from the property boundary, this was subsequently relocated more than 5 metres away from the nearest property boundary. 48 A number of objections raised concerns regarding the proposed access’s impact on an existing path/public right of way. A condition has been applied safeguarding its access (Condition 5). 49 Other recommended conditions include the submission of street lighting design and prior to the development being brought into use that surfacing aggregate is prevented from discharging onto the public road (Conditions 3 and 4). Page 92 of 106
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Drainage and Flooding 50 The site is not at risk of flooding according to SEPA flood maps. 51 Details of the drainage proposals have been submitted to inform this application with the existing septic tank on the plot being removed and a new proposed septic tank and soakaway being installed. 52 A condition has been applied relating to the submission of a Construction Method Statement (CMS) to ensure that the development does not impact negatively on the nearby River Tay Special Area of Conservation (Condition 11). Conservation Considerations 53 NPF4 Policy 7 (Historic Assets and Places) states that non-designated historic environment assets, places and their setting should be protected and preserved in situ wherever feasible. 54 LDP2 Policy 26B (Archaeology) states that the Council will seek to protect areas or sites of known archaeological interest and their settings. 55 The proposed development site lies within an area that is considered to be archaeologically sensitive given its proximity to scheduled monument (SM2232, MPK1986) and its location within the historic township of Balnaguard (MPK9028). Balnaguard is significant as a village that has retained its original township character and associated sense of place, with the survival of many of the original buildings/ or similar aligned on previous footprints. As discussed above, concerns were raised by PKHT regarding the proposal’s initial design. It is considered that the subsequent revisions to the design have addressed these concerns and minimised any negative impact on the archaeological heritage of Balnaguard. 56 Conditions have been imposed relating to the submission of a Written Scheme of Investigation (WSI) for the site and archaeological standing building survey for the coal shed (Conditions 6 and 7). Natural Heritage and Biodiversity 57 NPF4 Policy 3 (Biodiversity) states proposals for local development will include appropriate measures to conserve, restore and enhance biodiversity. 58 LDP2 Policy 40B (Forestry, Woodland and Trees) states that where there are existing trees on a development site, any application should be accompanied by a tree survey. Bats 59 A Preliminary Ecological Appraisal (PEA) was carried out which found moderate bat roosting suitability for the existing coal shed and the adjacent property to the west (Cairncroft). It was recommended that two emergence surveys in the period Page 93 of 106
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May – September (with at least 1 survey between May and August) was carried out. Given the potential practical issues gaining access to another private property to carry out an inspection, it was advised by the case officer that a bat survey would only be required for the coal shed. A bat survey was subsequently submitted which confirmed there was no evidence of bats recorded and that the hibernation roost potential was low. 60 A condition has been applied stating that 2 bat boxes are affixed to the proposed dwellinghouse and 2 boxes to mature trees within the site boundary to provide biodiversity enhancement measures (Condition 8). Other Protected Species 61 A condition has been applied relating to the installation of 4 nest boxes to the proposed dwellinghouse. 62 Additionally, an informative has been inserted below stating that should protected species be identified during construction works, the developer should ensure that all appropriate measures required to comply with the relevant legislation are carried out (Condition 8). Trees 63 3 category-C trees are proposed to be felled as part of the proposals, although a number of trees to the south would also be retained, with the proposed dwelling outwith identified root protection areas. A condition has been applied relating to the submission of a compensatory planting/landscaping scheme with at least 9 trees being planted as well as the submission of an arboricultural method statement (Conditions 9 and 10). Low and Zero Carbon Generating Technologies 64 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. 65 An air source heat pump is sited within the eastern section of the site and solar panels have been proposed on the south elevation. A condition has been applied relating to the submission of a zero carbon technologies statement to provide further details on the zero carbon technologies being utilised (Condition 12). Developer Contributions Primary Education 66 With reference to the above planning application the Council Developer Contributions Supplementary Guidance requires a financial contribution towards Page 94 of 106
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increased primary school capacity in areas where a primary school capacity constraint has been identified. A capacity constraint is defined as where a primary school is operating at over 80% and is likely to be operating following completion of the proposed development, extant planning permissions and Local Development Plan allocations, at or above 100% of total capacity. 67 This proposal is within the catchment of Grandtully Primary School. 68 Education & Children’s Services have no capacity concerns in this catchment area at this time. Economic Impact 69 The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. Variation Of Application Under Section 32A 70 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 design, scale and materials of the dwellinghouse as well as relocating the soakaway. Planning Obligations and Legal Agreements 71 None required. Direction By Scottish Ministers 72 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application. Conclusion and Reasons for Recommendation 73 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for approval subject to the following conditions. Recommendation Approve the application subject to the following conditions: Page 95 of 106
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Conditions and Reasons for Recommendation 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been 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 commencement of works, the street lighting design must be approved by Perth & Kinross Council’s Street Lighting Partnership. The Street lighting shall be in accordance with the standards required by the Council as Roads Authority. The type and standard of lighting shall be assessed using the zoning system outlined in ‘The Institution of Lighting Engineers Guidance Notes for the Reduction of Light Pollution’ and be agreed with the Council as Planning Authority. The agreed lighting scheme shall be implemented prior to occupation of the dwellinghouse and maintained in full accordance with the agreed scheme. Reason - In the interests of road safety. 4. Prior to the development hereby approved being completed or brought into use, the access shall be surfaced so that no surface water or surfacing aggregate is discharged onto the public road: 25mm - Hot Rolled Asphalt 40mm - Dense Bitumen Macadam 300mm - Sub-base type 1 Once provided, the vehicular access shall thereafter be permanently retained as such. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 5. The footpath which runs through the site as shown on drawing number no 23 shall be retained and remain unobstructed for public access. Reason - To maintain and safeguard public access through the site to Balnaguard Glen SSSI which is also a Scottish Wildlife Trust Reserve. 6. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a Page 96 of 106
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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 - In order to ensure any archaeological remains are appropriately protected. 7. Development shall not commence until the developer has secured an archaeological standing building survey for the coal shed, to be carried out by an independent and suitably qualified archaeological organisation. The scope of the archaeological standing building survey will be set by the Council as Planning Authority in consultation with Perth and Kinross Heritage Trust. The name of archaeological organisation retained by the developer shall be given to the Council as Planning Authority and PKHT in writing not less than fourteen days before the commencement date provided in the Notice of Initiation of Development. Copies of the resulting survey shall be deposited in the National Record of the Historic Environment and in the Perth and Kinross Historic Environment Record upon completion of the survey. Reason - To ensure an appropriate archaeological standing building survey is carried out and the resulting survey is recorded properly. 8. Prior to the completion or occupation of the building hereby approved, whichever is the earlier, two bat and four bird nesting boxes shall be provided on the completed building. A further two bat boxes will be affixed to mature trees within the site boundary. All the boxes shall be installed and sited in accordance with the recommendations and guidance offered by the Scottish Wildlife Trust. After installation, all the boxes shall be retained in a usable condition. Reason - In the interests of protecting environmental quality and of biodiversity. 9. Prior to the commencement of the development hereby approved, a compensatory planting and landscaping scheme (which includes nine new trees) for the site shall be submitted to and approved in writing by the Planning Authority. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and installation methods and, species, height, size and density of trees and shrubs to be planted. The scheme as subsequently Page 97 of 106
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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 a compensatory planting scheme. 10. Prior to the commencement of the development hereby approved, a detailed arboricultural method statement for the site shall be submitted to and approved in writing by the Planning Authority. Details shall include: 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 iii. areas of existing landscaping to be protected from construction operations and the method of protection. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 11. Development shall not commence until a detailed Construction Method Statement (CMS) has been submitted to and approved in writing by the Council as Planning Authority. The CMS must identify measures to prevent harmful materials entering the River Tay SAC, which could reduce water quality and lead to a damaging impact on the salmon, otter and lamprey interests. The CMS should include the following: (a) pollution prevention safeguards including surface water drainage arrangements and the possible use of siltation traps, settlement tanks and bunds (b) storage and disposal of materials including the siting of stock piles, use of buffer strips and disposal methods (c) construction site facilities including extent and location of construction site huts, vehicles, equipment, fuel, chemicals and materials compound (d) timing, duration and phasing of construction particularly in relation to salmon and lamprey migration/spawning. (e) measures to cater for waste water during construction The CMS and mitigations as agreed shall be fully implemented as part of the planning permission. Page 98 of 106
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Reason - In order to ensure the development does not impact negatively on the nearby Special Area of Conservation. 12. Development shall not commence until specifying measures for the residential unit to maximise environmental sustainability through design, orientation and planting or any other means has been submitted for the written agreement of the Council as Planning Authority. These measures shall include a scheme that demonstrates how current carbon emissions reduction set by the Scottish Buildings Standards will be met through the installation and operation of low and zero-carbon technologies, specifying what these technology types are, their location and ongoing operation and maintenance. All works shall be carried out in accordance with the agreed scheme and be operational prior to the occupation of the residential unit. 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. As part of the development herby approved, no development shall take place to north of the B898. Reason - In order to clarify the terms of this planning permission. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes Not applicable. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. 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. Page 99 of 106
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3. In accordance with Building Standards, a private wastewater treatment plant and septic tank should be provided with an access for desludging. The desludging tanker should be provided with access to a working area that: • will provide a clear route for the suction hose from the tanker to the tank, and • is not more than 25m from the tank where it is not more than 4m higher than the invert level of the tank, and • is sufficient to support a vehicle axle load of 14 tonnes. 4. A street lighting plant is present at the site; discussions must be had with the Street Lighting Partnership to obtain the locations of the plant and the possible relocation to facilitate the vehicle access. Contact Mark Gorrie (MGorrie@pkc.gov.uk) at Perth & Kinross Council Street Lighting Department for further details. 5. The applicant should be advised that in terms of Section 56 of the Roads (Scotland) Act 1984, they must obtain from the Council as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 6. The Air Source Heat Pump shall be certificated in accordance with Microgeneration Certification Scheme 007 and installed by an installation company certificated in accordance with Microgeneration Installation Standard 3005 and in compliance with the calculation procedure contained in Table 2 of Microgeneration Certification Scheme Planning Standards (MCS 020), confirming that the permitted development noise limit of 42 dB LAeq,5 mins will be met. In addition, the Air Source Heat Pump shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. 7. The presence of protected species, and the extent to which they could be affected by the proposed development, should be established before works commence. Should protected species be identified within the site the developer should ensure that all appropriate measures required to comply with the relevant legislation are carried out. 8. Existing trees and vegetation may contain nesting birds between 1st March and 31st August inclusive. 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. Page 100 of 106
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The findings and recommendations contained with the Bat Survey remain valid for a period of 24 months. If the approved planning permission is not implemented within 24 months of the date of the survey it is strongly recommended that an updated Bat Survey is undertaken prior to any works commencing. Failure to do so could potentially leave you open to prosecution should any bats be harmed as a result of the works. Please note that bats are protected by law, and it is a criminal offence to deliberately harm, capture, kill or disturb a bat or its resting place. 9. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests Background Papers Letters of representation 9 Authors Name Designation Contact Details Adam Cairns Planner developmentmanagement@pkc.gov.uk Approved Name Designation Date Paul Williamson Team Leader (Local Developments) 20 August 2025 Page 101 of 106
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Ü Erection of dwellinghouse, installation of air source heat pump, private EV charging station and associated works on land 20 Metres South of East End Cottage ,Balnaguard 25/00277/FLL Scale 1:10,000 Planning and Placemaking Committee - 3 September 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(3)(i) Page 103 of 106
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Ü Erection of dwellinghouse, installation of air source heat pump, private EV charging station and associated works on land 20 Metres South of East End Cottage ,Balnaguard 25/00277/FLL Scale 1:2,500 Planning and Placemaking Committee - 3 September 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(3)(i) Page 105 of 106
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