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Minute of meeting of 8 October 2025

Perth and Kinross Council · 5 November 2025
Back to Planning and Placemaking Committee — 5 November 2025 and its agenda

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Planning and Placemaking Committee 
Minute of hybrid meeting of the Planning and Placemaking Committee held in the
Council Chambers, 2 High Street, Perth, on Wednesday 8 October 2025 at 9.30am. 
Present: Councillors I Massie, G Stewart, K Allan, B Brawn, D Cuthbert, E Drysdale
(substituting for R Watters), K Harvey, D Illingworth, I James, Bailie C McLaren and
Bailie M Williamson. 
In Attendance: K Smith. S Panton and P Williamson (Economy, Development and
Planning); A Brown, G Fogg, M Pasternak (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.   
The Convener also extended a warm welcome to Leanne Mizzi and Emanuel
Borg, from the Malta Planning Authority.  Leanne and Emanuel were shadowing the
Council’s major and enforcement team for the week as part of an ERASMUS project. 
He explained that Perth & Kinross Council had been selected for this project as the
Council is considered to be an excellent national example of a planning authority. 
He expressed his hope that they take home positives from their experience with us
and of the Scottish planning system.   
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
3 September 2025 was submitted and approved as a correct record. 
4.  Deputations 
In terms of Standing Order 13, the Committee agreed to hear deputations in
relation to the following planning applications: 
Planning Application No.  Item No. 
24/01558/FLM 5(2)(i)
25/00277/FLL 5(3)(i)

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5. Applications For Determination 
(1) Section 37 Consultation 
(i) 25/00918/ECU37 - Cambushinnie 400kV Overhead Line Tie
In (ECU00005074), Shindour, Feddal Hill Wood, Braco
(Report No. 25/252) 
Mr S Panton introduced the report and advised members of a
minor error at paragraph 23 where it states that it is not an EIA
development.  Mr Panton confirmed that, as stated elsewhere in
the report, this is an EIA development. 
Resolved:
Offer no objection to the proposal and request the imposition of
the following suggested conditions: 
Suggested Conditions
1. The development shall be implemented in accordance
with approved plans and requirements of this section 37
consent.  Except as otherwise required by the terms of
the section 37 consent and deemed planning permission,
the development hereby approved shall be undertaken in
accordance with the application and other documentation
lodged in support of the application unless as may
otherwise be agreed in writing by the relevant Planning
Authority.
Reason: To ensure that the Development is carried out in
accordance with the approved details.
Decommissioning Scheme
2. In the event that the line, after the Date of Final
Energisation, fails to transmit electricity for a continuous
period of 1 year a Decommissioning Scheme shall be
submitted to and for the further approval in writing by the
relevant Planning Authorities.  The scheme shall include
details about the removal of all elements of the
Development, relevant access tracks and all cabling,
including where necessary details of:
(a) Justification for retention of any relevant elements of
the Development;
(b) The treatment of disturbed ground surfaces;
(c) Management and timing of the works;
(d) Environmental management provisions, including
species protection plans;
(e) The removal of all components of the line from the
site for recycling or disposal;
(f) A traffic management plan to address any traffic
impact issues during the decommissioning period;
and
(g) Details of financial provisions to ensure the scheme
to be approved can be implemented in full.

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Thereafter the Decommissioning Scheme shall be
implemented in accordance with the approved details and
timetable.
Reason: To ensure that should the line no longer be
required or no longer benefit from Section 37 consent,
than an appropriate mechanism is in place for
decommissioning of the Development.
Construction Environment Management Plan
3. There shall be no commencement of development unless
and until a Construction Environmental Management Plan
(CEMP) containing site specific details of all on-site
construction works, post-construction reinstatement,
drainage and mitigation, together with details of their
timetabling, has been submitted to, and approved in
writing by, the relevant Planning Authorities.  The CEMP
shall be informed by the site and ground investigation
works and best practice guidance.
The CEMP shall provide:
(a) A Pollution Prevention and Incident Plan
incorporating a Pollution Prevention Plan, Pollution
Incident Plan and a Pollution Control Monitoring
Plan, this shall include measures to protect
watercourses, groundwater, management of natural
surface hydrological flows (flushes, springs, etc.)
and protection of peatland/soils, arrangements for
the storage and management of oil and fuel and
other chemicals on the site and sewage disposal
and treatment;
(b) Details of soil storage and management including
outline quantities, locations, (other than peat and
other carbon rich soils) and management of long
term storage of construction generated soils to
facilitate future site restoration;
(c) A drainage management strategy, demonstrating
how all surface and waste water arising during and
after construction is to be managed and prevented
from impacting on the water environment and to
mitigate flood risk using the most up to date SEPA
flood extent map;
(d) A surface water and groundwater management and
treatment plan, including details of the separation of
clean and dirty water drains, and location of
settlement lagoons for silt laden water;
(e) Details of the construction of the access into the site,
including associated drainage 
(f) Site-specific Construction Method Statements for the
following:
i. Watercourse crossings including full details and
plans of the and specification of all new and
upgraded watercourse crossings to be
constructed, ensuring continuous flow and fish
passage with no hanging culverts, noting all

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crossings shall(comprise open culverts or
bridges designed to take the 1 in 200 plus
climate change flood flows;
ii. All permanent roads/tracks to be
altered/formed and retained for the operation of
the development; including their width,
likelihood of widening or passing places,
means of drainage (which shall have regard to
SUDS principles), means of construction, and
edge reinstatement including verge width. The
specification shall be accompanied by relevant
plans at a sufficient scale;
(g) Details of post-construction
restoration/reinstatement of the working areas not
required during the operation of the Development;
(h) A wetland ecosystems survey and mitigation plan;
(i) A written scheme which details the methodology for
dealing with any revisions to any of the documents
required under this part (3). Any revised documents
will require to be submitted to and approved in
writing by the Planning Authority prior to the
revisions being implemented on site.
The Development shall be implemented in accordance
with the CEMP approved under part (1) unless otherwise
approved in advance in writing by the Planning Authority.
Reason: To ensure that all construction operations are
carried out in a manner that minimises their impact on
road safety, amenity and the environment, and that the
mitigation measures contained in the EIA Report
accompanying the application, or as otherwise agreed,
are fully implemented.
Traffic Management Plan
4. There shall be no Commencement of Development until a
Traffic Management Plan has been submitted to and
approved in writing by the relevant Planning Authority in
consultation with the Roads Authority.  The Traffic
Management Plan shall provide:
(a) The routing of all traffic associated with the
development including phasing and timescales;
(b) Measures to ensure that the specified routes are
adhered to, including monitoring procedures;
(c) Details of all, signage and lining arrangements to be
put in place;
(d) Provisions for emergency vehicle access;
(e) Identification of a nominated person to whom any
road safety issues can be referred;
(f) A plan for access by vehicles carrying abnormal
loads and any off-site works, including new or
extended passing places, required to facilitate such
vehicle movements. Prior to the movement of any
abnormal load, any measures required on the trunk
road network to accommodate the size or length of

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the loads being transported, including the removal of
street furniture, junction widening and traffic
management must be approved and implemented to
the satisfaction of the Planning Authority, in
consultation with Transport Scotland. Any additional
signing or temporary traffic control measures
deemed necessary on the trunk road network must
be undertaken by a recognised QA traffic
management consultant, to be approved by
Transport Scotland.
(g) Provision for the submission and agreement of a
roads condition survey pre-and post-construction
accompanied by an appropriate agreement between
the relevant Planning Authority and the Company to
ensure the delivery of any post-construction public
road restoration that may be required.
The approved Traffic Management Plan shall thereafter
be implemented in full unless otherwise agreed in
advance in writing with the relevant Planning Authority.
Reason: In the interests of road safety and to ensure that
abnormal loads access the site in a safe manner.
Temporary Site Access
5. There shall be no vehicle site access permitted to the
sites area until details of alterations to the verge of the
affected public road has been submitted to and approved
in writing by the relevant Planning Authority, in
consultation with the Roads Authority.  The details shall
include but not be limited to the following information:
(a) A suitably scaled plan showing the location, layout
and formation details for the site access(es);(Details
regarding timescales for the opening up and closure
of any temporary access together with the time
period over which the temporary access will be
used;
(b) A detailed specification of the materials, including
layer depths to be used in the construction of the
site accesses;
(c) Proposed signing and traffic management
measures; and
(d) Details including materials for the reinstatement of
temporary construction site access.
Thereafter the development shall be undertaken in
accordance with the approved details.
Reason: To ensure an acceptable form of development in
terms of the arrangements to manage traffic during
construction works at the site(s), in the interest of
maintaining a safe and serviceable road network and to
preserve amenity.
Access Tracks
6. No access tracks shall be formed or upgraded in the
planning authority areas until the precise location and
extent of all works to form new sections of tracks or

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upgrade access tracks have been submitted to and
approved in writing by the relevant Planning Authority. 
Thereafter the development shall be undertaken in
accordance with the approved details.
Reason: In order that the relevant Planning Authority may
verify the acceptability of all works elating to access
tracks. 
Construction Hours
7. Construction work, which is audible from any noise-
sensitive receptor, shall only take place between the
hours of 07.00 to 19.00 on Mondays to Fridays inclusive
and 07.00 to 16.00 on Saturdays, with no construction
work taking place on Sundays or on local public holidays. 
Outwith these specified hours, only maintenance works,
emergency works, and limited construction works on the
site as specified; concrete pours, dust suppression, and
the testing of plant and equipment are permissible
(unless otherwise approved in advance in writing by the
relevant Planning Authority).
Reason: In the interests of protecting residential amenity.
8. HGV movements to and from the site (excluding
abnormal loads) during construction of the development
shall be limited to 07.00 to 19.00 Mondays to Fridays,
and 07.00 to 16.00 on Saturdays, with no HGV
movements to or from site taking place on Sundays or on
local public holidays (unless otherwise approved in
advance in writing by the relevant Planning Authority).
Reason: In the interests of local amenity.
Construction Compound Details
9. There shall be no construction compounds formed within
the Planning Authority areas until the following details
have been submitted to and approved in writing by the
relevant Planning Authority:
(a) A compound phasing plan;
(b) The precise location and extent of the compound;
(c) Details of screening to mitigate impact of activities
within the compound on the amenity of the
surrounding area and occupants of nearby property;
and
(d) Details of artificial lighting and measures and
controls to mitigate impact of light pollution on the
amenity of the surrounding area and occupants of
nearby property.
Thereafter the compounds shall be formed and operated
in accordance with the approved details and each
compound shall be restored to its pre- construction
condition no later than 2 months following the expiry of
the demobilisation date for that compound as detailed in
the compound phasing plan.
Reason: In order that the relevant Planning Authority may
verify the acceptability of the specified details in the

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interests of amenity and to ensure restoration of the
compound sites.
Biodiversity and Natural Environment
10. The conclusions and recommended action points within
the supporting Landscape and Habitat Management Plan
shall be adhered to and implemented in full.
Reason: In the interests of protecting environmental
quality and of biodiversity.
11. No site clearance or removal of vegetation, including
trees and shrubs will take place between 1st March and
31st August inclusive unless a competent ecologist has
undertaken a careful and detailed check of vegetation for
active birds' nests immediately before the vegetation is to
be cleared and provided written confirmation that no birds
will be harmed and/or that there are appropriate
measures in place to protect nesting birds on site.  Any
such written confirmation must be submitted to the
planning authority prior to commencement of works.
Reason: In the interest of employing best practice
ecology and to ensure there is no adverse impact on any
protected species as identified under the Wildlife and
Countryside Act (1981).
12. The conclusions and recommended action points within
the supporting Peat Management Plan shall be adhered
to, respected and implemented in full during the entire
duration of the construction phase of the proposed
development 
Reason: To ensure the effective and safe management of
peat excavation on – site
Drainage and Flooding
13.  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.  Prior to
works commencing on site, details of the proposed
drainage management scheme shall be submitted for
approval, and the agreed scheme fully implemented
thereafter.  
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.

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(2) Major Application 
(i) 25/00751/42M - S42 application to amend condition 4
(sustainable urban drainage system) of permission
23/02134/IPM, 2 Sisters Food Group, George Street, Coupar
Angus, Blairgowrie, PH13 9LU (Report No. 25/253) 
Resolved:
Grant, subject to the following terms, conditions and
informatives: 
Conditions
1. Application for the approval required by a condition
imposed on this Planning Permission in Principle shall
conform with the requirements of Regulation 12 of the
Town and Country Planning (Development Management
Procedure) (Scotland) Regulations 2013 and of Section
59 (2) and (3) of the Town and Country Planning
(Scotland) Act 1997 as amended by Section 21 of the
Planning etc. (Scotland) Act 2006 and, in particular, must
be made before whichever is the latest of the following:
(i) the expiration of 5 years from the date of the
granting of permission
(ii) the expiration of 6 months from the date on which an
earlier application for the requisite approval was
refused, or
(iii) the expiration of 6 months from the date on which an
appeal against such refusal was dismissed.
Reason: In accordance with the terms of Section 59 of
the Town and Country Planning (Scotland) Act 1997 as
amended by Section 21 of the Planning etc. (Scotland)
Act 2006.
2. Plans and particulars of the matters listed below shall be
submitted for consideration by the planning authority, in
accordance with the timescales and other limitations in
Section 59 of the Town and Country Planning (Scotland)
Act 1997 (as amended).  No work shall begin until the
written approval of the Planning Authority has been given,
and the development shall be carried out in accordance
with that approval.  For the avoidance of doubt, no
approval is hereby given to the layout shown in the
illustrative development framework which forms part of
the application for planning permission in principle.  The
specified matters include:
a) a site development layout and phasing plan showing
a phased implementation programme, including: the
location/position of all uses within the site; the
proposed built form (including orientation of
buildings); movement around and through the site,
including pedestrian and cycle links and landscape
provision;

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b) for each phase of the development, a plan detailing
the siting, design and height of development,
including the design of all external features;
c) design and configuration of public and open spaces,
all external materials and finishes;
d) car and cycle parking, access, road layouts and
alignment, classification of streets, and servicing
areas;
e) footpaths and cycle routes, including proposed multi-
use paths, the designs shall detail pedestrian and
cyclist priority junctions at the proposed vehicular
access points along the shared use cycleway on the
A94 and right turn ghost island facilities into the site;
f) details of safe pedestrian crossing points at all
vehicle entrances over core path COUP/139;
g) waste management and recycling facilities;
h) surface water and drainage arrangements;
i) a detailed levels survey (existing and proposed) and
cross sections showing proposed finished ground
and floor levels of all buildings forming part of the
development phase, relative to existing ground
levels and a fixed datum point;
j) full details of sustainability measures in accordance
with LDP2 Policy 32: Embedding Low and Zero
Carbon Generating Technology in New
Development;
k) hard and soft landscaping details, including:
i. the type and location of new trees, shrubs and
hedges;
ii. a schedule of plants to comprise species, plant
size and proposed number/density;
iii. programme of completion and subsequent
maintenance including a separate maintenance
plan for the SuDS areas;
iv. existing and proposed services such as cables,
pipelines, substations;
v. other artefacts and structures including street
furniture, lighting columns and fittings; and
vi. details of phasing of these works in relation to
implementation and phasing of the
development.
Reason: To ensure that the matters referred to within this
Planning Permission is Principle are given full
consideration and to accord with the requirements of
Section 59 Town and Country Planning (Scotland) Act
1997 (as amended).
3. 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

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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 archaeological monitoring is carried
out to safeguard and record any archaeological remains
within the development area.
4. Development shall not commence on site until a detailed
sustainable urban drainage system (SUDS) has been
submitted for the further 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 reduce flood risk.
5. In pursuance of Condition 2(i), the finished floor level(s)
shall be set a minimum of 600mm above the 1 in 200
AEP event including 39% climate change flood level
expected adjacent to the built development.  The Phase 1
minimum FFL is 52.31mAOD and Phase 2 is
52.87mAOD.  In addition, the finished floor levels shall be
set a minimum of 150mm above adjacent ground levels.
Reason: In the interests of flood prevention.
6. Prior to the commencement of development of each
phase, details of a temporary surface water treatment
facility shall be submitted to the Council as Planning
Authority for approval.  Thereafter, concurrent with the
initiation of the development hereby approved and for the
duration of construction, the approved temporary surface
water treatment facility shall be implemented on site and
maintained for the duration of the approved development
works.  The temporary surface water treatment facility
shall remain in place until the permanent surface water

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drainage scheme is implemented unless otherwise
agreed in writing by the Council as Planning Authority.
Reason: In the interests of flood prevention.
7. All matters regarding: access, car parking, public
transport facilities, walking and cycling facilities, the 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 (as detailed in
the National Roads Development Guide) and to the
satisfaction of the Planning Authority.
Reason: To ensure the roads and accesses are
developed to an acceptable standard.
8. As part of any application for the Approval of Matters
Specified by Condition (AMSC), the applicant shall
include a updated transport assessment (relating to the
different land uses) scoped to include the means of
access to the site from the wider public road network to
include all modes of transport (walking, cycling, public
transport, private car and HGV movements), to the
satisfaction of and approved in writing by the Council as
Planning Authority.
Reason: In the interests of road safety.
9. As part of any application for the Approval of Matters
Specified by Condition (AMSC), a Stage 1 Road Safety
Audit shall be submitted to and approved in writing by the
Council as Planning Authority.  The road safety audit
shall also include an assessment of the need for a
revision to the national speed limit, informed by a traffic
speed survey along the A94.
Reason: In the interests of road safety.
10. As part of any application for the Approval of Matters
Specified by Condition (AMSC), the applicant shall
provide detailed designs for the pedestrian and cyclist
connectivity to the development to the North of the site
and to the Co-Op store in George Street.
Reason: In the interests of road safety and in the interest
of promoting walking and cycling as sustainable modes of
travel.
11. As part of any application for the Approval of Matters
Specified by Condition (AMSC), the applicant shall detail
adequate parking facilities for each class of use in
accordance with the National Roads Development Guide. 
HGV parking and EV Parking for the factory shall also be
included as part of any detailed application.
Reason: To provide a suitable parking provision for the
development.
12. As part of any application for the Approval of Matters
Specified by Condition (AMSC), the applicant shall
provide a detailed design for the upgrading of existing
bus stops on George Street, or another location as
agreed with the Public Transport Unit. Coupar Angus
bound, the applicant shall provide a detailed design for

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the supply and installation of a new enclosed bus shelter
set back from footpath. Perth bound, the applicant shall
provide a detailed design for the supply and installation of
a reverse cantilever bus shelter.  The applicant shall
provide a detailed design for the supply and installation of
Real Time Passenger Information (RTPI) mountings,
cabling, and displays for Bus Shelters serving both
directions.  Thereafter, prior to the occupation or bringing
into use of the development, the agreed details shall be
implemented in full.
Reason: In the interests of road safety; to ensure an
acceptable standard of construction within the public road
boundary.
13. 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;
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;

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m) the provision and installation of traffic counters at the
applicant's expense at locations to be agreed prior
to the commencement of construction;
n) monitoring, reporting and implementation
arrangements;
o) arrangements for dealing with non-compliance; and
p) details of HGV movements to and from the site.
The TMS as approved shall be strictly adhered to during
the entire site construction programme.
Reason: In the interests of proper site management.
14. No part of the residential 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 as Planning
Authority.  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.
15. All plant or equipment associated with the commercial
units and residential units shall be so enclosed,
attenuated and/or maintained such that any noise
therefrom shall not exceed Noise Rating 35 between
0700 and 2300 hours daily, or Noise Rating 25 between
2300 and 0700 hours daily, within any neighbouring
residential property, with all windows slightly open, when
measured and/ or calculated and plotted on a rating curve
chart.
Reason: In the interests of protecting residential amenity.
16. As part of any application for the Approval of Matters
Specified by Condition (AMSC) relating to the commercial
uses, the applicant shall submit for approval a Noise
Impact Assessment demonstrating that the sound
insulation and sound transmission properties of the
structure and finishes of the commercial units shall be
such that any airborne noise from the operations within
the premises does not constitute a statutory noise
nuisance as determined by the local Planning Authority.
Reason: In the interests of protecting residential amenity.
17. For each phase of development, a Lighting Plan shall be
submitted for approval to the Council as Planning
Authority, to ensure that 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.  Prior to the first
occupation or uptake of the use of the relevant
development phase, the approved Lighting Plan shall be
installed and maintained in perpetuity thereafter.
Reason: In the interests of protecting residential amenity.

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18. Noise from operations of the commercial units shall not
exceed L A90,1 hour (0700 – 2300) or exceed L A90,15
mins (2300 – 0700) background noise level plus 5dB (A),
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.
Reason: In the interests of protecting residential amenity.
19. At approval of matters stage for the new poultry
processing facility or any other phase of development for
uses within Use Class 4, 5 or 6, full details of an acoustic
fence designed to protect residential amenity shall be
submitted for approval of the Council as Planning
Authority.  Prior to the occupation or uptake of the use of
the relevant development phase, the approved acoustic
fence shall be installed, and maintained in perpetuity
thereafter.
Reason: In the interests of protecting residential amenity.
20. For each phase of development, an updated Ecological
Impact Assessment (EcIA) shall be undertaken by
suitably qualified and experienced persons shall be
submitted.  The EcIA must include the woodland in the
north, bats in buildings, bat roost potential of trees to be
felled/within 30m of works, Schedule 1 breeding birds and
inclusion of pre-commencement walk over surveys in the
mitigation measures.
Reason: In the interests of protecting environmental
quality.
21. At least two months prior to the commencement of
development, a site specific, Construction Environment
Management Plan (CEMP), shall be submitted for the
further written agreement of the Council Planning
Authority.  Thereafter the CEMP will be updated to reflect
the phasing of the development and strictly adhered to
during the entirety of the construction phases. Measures
to be included within the CEMP comprise:
• The use of British Standards Best Practice
Guidelines to reduce disturbance resulting from
noise, surface run-off and vibration during works;
• Scottish Environment Protection Agency (SEPA)
Pollution Prevention Guidelines (PPG), incorporating
procedures for emergency environmental incidents
such as pollution events and encountering protected
species. A review plan for the PPGs is currently
underway, resulting in a replacement guidance
series, with new branding and title "Guidance for
Pollution Prevention" (GPPs). It is recommended
that the following PPG and GPP are considered:
− PPG1: Understanding your environmental
responsibilities - good environmental practices;
− GPP5: Works and maintenance in or near
water;

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− PPG6: Working at construction and demolition
sites;
− GPP21: Pollution incident response planning;
and
− GPP 22: Dealing with spills.
• Pollution prevention measures including procedures
for oils and chemicals to prevent the release of any
accidental spillages and effects associated with
contaminated surface run-off;
• Supervision of delivery of fuel and oils with pipelines
and fuelling points protected from vandalism and
unauthorised interference, including being turned off
and locked when not in use to prevent effects
associated with the encroachment of construction
vehicles and plant and contaminated surface run-off;
• Use of drip trays when filling smaller containers from
tanks or drums to avoid drips and spills from
entering the ground or drainage systems and
watercourses to prevent effects associated with
contaminated surface run-off;
• Measures to minimise noise, vibration and dust; and
• Limiting construction works to daylight hours only
where possible, or having a suitable lighting strategy
in place, in order to minimise effects to nocturnal
faunal species.
Furthermore, the Construction Environmental
Management Plan (CEMP) shall include potential
constraints and mitigation with regard to potential or
confirmed ecological features identified in the updated
Ecological Impact Assessment.
Reason: to control pollution of air, land and water and.to
mitigate the adverse impact of development traffic on the
safe and efficient operation of the trunk road.
22. Development shall not commence until a detailed
Construction Environmental Management Plan (CEMP)
detailing environmental mitigation measures, including
biodiversity and the control of dust and noise, shall be
submitted for the further written agreement of the Council
as Planning Authority.  Thereafter the CEMP will be
strictly adhered to during the entirety of the construction
phases.
Reason: In the interests of protecting environmental
quality.
23. Prior to the commencement of works on each
development phase, 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) will be submitted
for consideration by the Council as Planning Authority.  If
after the preliminary risk assessment identifies the need

Page 16

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.
24. The development shall be in accordance with the
requirements of Perth & Kinross Council’s Developer
Contributions and Affordable Housing Supplementary
Guidance 2023 in line with Policy 20: Affordable Housing
of the Perth & Kinross Local Development Plan 2 (2019),
or such subsequent Guidance and Policy which may
replace these.
Reason: To ensure the development is in accordance
with the terms of the Perth and Kinross Local
Development Plan 2 (2019) and to comply with the
Council’s policy on Developer Contributions and
Affordable Housing Supplementary Guidance 2023.
25. The development shall be in accordance with the
requirements of Perth & Kinross Council’s Developer
Contributions and Affordable Housing Supplementary
Guidance 2023 in line with Policy 5: Infrastructure
Contributions of the Perth & Kinross Local Development
Plan 2 (2019) with particular regard to primary education
infrastructure, or such subsequent Guidance and Policy
which may replace these.
Reason: To ensure the development is in accordance
with the terms of the Perth and Kinross Local
Development Plan 2 (2019) and to comply with the
Council’s policy on Developer Contributions and
Affordable Housing Supplementary Guidance 2023.
26. At least two months prior to the commencement of the
development, an independent and suitably qualified
ecologist shall be appointed by the developer at their
expense as the ‘Ecological Clerk of Works’ (ECOW) for
the site.  This appointment shall be subject to the prior
written approval of the Planning Authority and detail the
extent of inspections to be undertaken by the ECOW and
how this relates to the delivery of the development
phases.  The ECOW shall oversee, on behalf of the

Page 17

Planning Authority, the implementation of all ecology
related planning conditions and how this relates to the
phase of development being constructed.  The ECOW
shall undertake a watching brief throughout the
construction of the development phase and shall have the
authority to stop operations or to alter construction
methods should there be any works occurring which are
having an adverse impact on natural heritage.
The ECOW shall have responsibility for the following:
a) Monitoring compliance with the mitigation works
related to the development as set out in the
Construction Environment Management Plan.
b) Advising the developer on adequate protection of
nature conservation interest on the site, including
altering construction practices if existing practices
are having an adverse impact on the natural
heritage of the site.
c) If any protected species are found on site, the
Ecological Clerk of Works will ensure that work is
suspended at that location and that a protected
species protection plan is implemented.
The ECOW is required to notify the Planning Authority:
a) If there has been a requirement to stop or alter
works in relation to this condition.
b) They are required to submit a report on their
inspection (frequency to be agreed) for the review of
the Planning Authority in consultation with Scottish
Environment Protection Agency where necessary,
during construction operations.
c) They will have the power to amend the CEMP,
where required, with any amendments and
measures to mitigate submitted to the Planning
Authority.
Reason: In order to ensure that an ECOW is appointed
and is suitability qualified and has a suitable job
description and powers to oversee all salient ecological
matters affecting the Construction phases of the
development.
27. As part of any application for the Approval of Matters
Specified by Condition (AMSC) a Site Biodiversity Action
Plan including biodiversity enhancement measures shall
be submitted for approval of the Council as Planning
Authority.  Thereafter, the approved Action Plan will be
implemented in full prior to the first occupation or uptake
of the use of the relevant development phase.
Reason: In the interests of protecting and enhancing
biodiversity.
28. As part of any application for the Approval of Matters
Specified by Condition (AMSC), a tree protection plan,
Arboricultural Impact Assessment and Arboricultural
Method Statement shall be submitted for approval of the
Council as Planning Authority.  Thereafter, the approved

Page 18

Action Plan will be implemented in full prior to the first
occupation or uptake of the use of the relevant
development phase.
Reason: In the interests of protecting environmental
quality and of biodiversity.
29. As part of any application for the Approval of Matters
Specified by Condition (AMSC) a detailed landscaping
and planting scheme including details of the species,
height, size, location, density and maintenance regime of
trees and shrubs to be planted, shall be submitted.  The
scheme must illustrate that adequate compensatory tree
planting for lost trees will be achieved with at least 3 trees
planted for every tree lost.
Reason: In order to justify the loss of any trees and to
ensure that adequate landscaping is provided for the
development.
30. As part of each application for the Approval of Matters
Specified by Condition (AMSC) details of the specific
measures for the installation and operation of low and
zero-carbon generating technologies reduce energy to
demand and emissions from the development shall be
submitted.
Reason: in the interests of reducing carbon emissions.
31. Before work commences on site, details of the
compensatory storage measures, the design of which will
be supported by appropriate modelling, shall be
submitted to and approved in writing by the Council as
Planning Authority.  The approved details shall be
implemented before the development is occupied.  The
operator of the development shall ensure that the
compensatory storage measures continue to provide the
required storage and act as a flood flow route for the
lifetime of the development.
Reason: To ensure the development is safe and does not
increase flood risk to others.
32. Before work commences on site, details of a flood
evacuation plan shall be submitted to and approved in
writing by the Council as Planning Authority. Thereafter
the recommendations of the flood evacuation plan shall
be fully implemented prior to occupation of the
development and maintained in perpetuity.
Reason: To ensure the development is safe. 
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
Permission shall not to be issued until the Section 75 Agreement
has been signed and registered to take account of this
application.  The legal agreement should be concluded and

Page 19

completed within 4 months of the date of any Committee
approval.  Failure to conclude a legal agreement within 4
months will result in the planning application being re-assessed
through failing to comply with the associated developer
contributions policy and may be ultimately recommended for
refusal under delegated powers 
Informatives
1. Additional groundwater monitoring should be carried out
over a full calendar year to include both summer and
winter periods.
2. If there is any proposal to alter a route of an existing core
path or right of way a further legal procedure is required. 
The granting of planning permission does not stop the
continued right of public access along the existing core
path or right of way. An order under the Town and
Country Planning (Scotland) Act 1997, Section 208 or an
amendment of the Core Path Plan under the Land
Reform (Scotland) Act 2003 should be sought.
3. The applicant is advised that the granting of planning
consent 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.
4. Where necessary, no work shall be commenced until an
application for building warrant has been submitted and
approved.
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. 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.
7. Advice on the disposal of surface water should be sought
at the initial stages of design from Scottish Water and
SEPA. 
(ii) 25/00778/AMM - Erection of 4 dwellinghouses and changes
to boundary treatment (plots 54 and 55) (approval of
matters specified in conditions of 02/01482/IPM), land to the
North of A912 at Oudenarde, Bridge of Earn, Perth (Report
No. 25/254)

Page 20

Resolved:
Grant, subject to the following terms, conditions and
informatives: 
Conditions
General
1. The development hereby approved must be carried out in
accordance with the approved drawings and documents,
unless otherwise provided for by conditions imposed by
this decision notice.
Reason: To ensure the development is carried out in
accordance with the approved drawings and documents.
Roads and Transport
2. Prior to the occupation of any dwellinghouse, all matters
regarding access, car parking, road layout, design, and
specification, including the disposal of surface water,
shall be in accordance with the standards required by the
Council as Roads Authority.
Reason: In the interest of vehicle and pedestrian safety
and in accordance with the policies of the adopted
Development Plan.
3. Prior to the occupation of any dwellinghouse within this
consent, details of the specification including materials of
all footpaths and cycleways shall be submitted to the
Council as Planning Authority for written approval.  All
footpaths and cycleways, in accordance with the agreed
detail, shall thereafter be implemented within the
timescales agreed.
Reason: In the interest of pedestrian and cycle safety.
4. Prior to the commencement of the development within
Phase 2 hereby approved, the developer shall provide
and install on appropriate hard stand asphalt areas,
within the existing lay-bys on the A912 (east of the
roundabout entrance junction) two 3 Bay enclosed bus
shelters (Cairngorm style) with 24/7 electrical power
supply to a Haldo pillar adjacent to each shelter to
facilitate LED lighting and RTPI display.  The developer
shall supply and install mountings and associated cabling
to support a 28in Ultra-Wide Display Screen for RTPI
(this can be included in the bus shelter specification) for
both shelters to a design and specification to the
satisfaction of the Planning Authority in consultation with
the Public Transport Unit. 
Reason: In the interest of sustainable travel.
5. The details submitted and as agreed as part of condition
5 of planning permission 23/00145/AMM (drawing
number 30) and planning permission 23/00146/AMM
(drawing number 27) with regards to the site boundary
openings forming new accesses onto the spine road,
shall be implemented in full accordance with the agreed
details prior to the occupation of any residential plot.

Page 21

Reason: In order to ensure that the associated roads
infrastructure is suitably upgraded in order to adequately
accommodate the impact of the development proposed.
6. The details submitted and agreed as part of condition 6 of
planning permission 23/00145/AMM (drawing number 31)
and planning permission 23/00146/AMM (drawing
number 28) with regards to the Construction Traffic
Management Scheme (CTMS), shall be adhered to at all
times to the satisfaction of the Council as Planning
Authority, unless otherwise agreed in writing by the
Council as Planning Authority.  The CTMS is to remain a
fluid document and will be required to be updated where
necessary.
Reason: In the interest of protecting environmental
quality.
7. No more than 348 residential dwellings at Oudenarde
shall be constructed prior to the completion of
modifications to the existing M90 / A912 priority-
controlled interchange, generally as illustrated on TA
Millard Drawing No. 3167/03/418 and 3167/03/419,
unless otherwise agreed in writing with the Planning
Authority, following consultation with Transport Scotland. 
The number of residential dwellings covered by this
application, together with the number of residential
dwellings previously approved in terms of consent
reference 05/00410/ FUL (75 dwellings), 08/01458/FUL
(75 dwellings) and 16/02156/AMM (159 dwellings) and
constructed, shall not exceed that aforementioned 348
residential dwellings threshold applying in terms of this
aforementioned Modified IPM Decision.
Reason: To ensure provision of adequate road
infrastructure improvement works, in the interest of
pedestrian and road safety.
8. The details submitted and agreed as part of condition 8 of
planning permission 23/00145/AMM (drawing numbers
32 and 33) and planning permission 23/00146/AMM
(drawing numbers 29 and 30) with regards to a
Residential Travel Plan, shall be implemented in
accordance with the subsequently approved plans prior to
the completion of the development.
Reason: To promote sustainable transport options and to
meet advice within PAN 75 Planning for Transport.
9. No obstruction of any kind shall be placed, including
fencing or vegetation, within adoptable service strips, for
the lift of the development.
Reason: In the interests of the ability to maintain services.
10. Prior to commencement of works, a revised street lighting
design to reflect any proposed layout alterations 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

Page 22

the lighting and the proposed hours of operation.  The
agreed lighting scheme shall be implemented prior to the
occupation of the first dwellinghouse and maintained in
full accordance with the agreed scheme. 
Reason: In the interests of road safety and to ensure
suitable lighting.
Landscape
11. Prior to the commencement of the development hereby
approved, an updated detailed landscaping and planting
scheme together with a tree planting plan for the site shall
be submitted for the written agreement of the Council as
Planning Authority.  The scheme shall include details of
the height and slopes of any mounding or recontouring of
the site, full details of all hard landscaping proposals
including materials and installation methods and, species,
height, size and density of trees and shrubs to be
planted.  The scheme as subsequently approved shall be
carried out and completed within the first available
planting season (October to March) after the completion
or bringing into use of the development, whichever is the
earlier, and the date of Practical Completion of the
landscaping scheme shall be supplied in writing to the
Council as Planning Authority within 7 days of that date. 
The scheme as agreed and implemented shall thereafter
be maintained in line with the agreed specification.
Reason: In the interests of visual amenity; to ensure a
satisfactory standard of local environmental quality and in
pursuance of suitably satisfying placemaking policy
criteria of the adopted Development Plan.
12. Any planting failing to become established within five
years shall be replaced in the following planting season
with others of similar sizes and species.
Reason: In the interests of visual amenity; to ensure a
satisfactory standard of local environmental quality and in
pursuance of suitably satisfying placemaking policy
criteria of the adopted Development Plan.
13. All existing trees and hedgerows shown to be retained
shall be protected by suitable fencing in accordance with
BS5837 2012 (Trees in Relation to Construction), unless
otherwise agreed in writing by the Planning Authority. 
The details of the protective fencing and its location as
shown in the Tree Protection Fencing Plan, approved
under planning reference 21/00615/AMM, drawing
number 30, must be installed prior to the commencement
of development.  No materials, supplies, plant,
machinery, soil heaps, changes in ground levels or
construction activities shall be permitted within the
protected areas without the written agreement of the
Council as Planning Authority and no fire shall be lit in the
position where the flames could extend to within 5 metres
of foliage, branches, or trunks.

Page 23

Reason: To ensure adequate protection for the trees on
the site during the construction, in the interests of the
visual amenity of the area.
Biodiversity
14. No removal of hedgerows, trees or shrubs or works to or
demolition of any buildings or structures that may be used
by breeding birds shall take place between 1st March and
31st August inclusive, unless a competent ecologist has
undertaken a careful, detailed check of vegetation for
active birds' nests immediately before the vegetation is
cleared and provided written confirmation that no birds
will be harmed and/or that there are appropriate
measures in place to protect nesting bird interest on site. 
Any such written confirmation should be submitted to and
verified by the Council as Planning Authority.
Reason: In the interests of employing best practice
ecology and to ensure there is no adverse impact on any
protected species as identified under the Wildlife and
Countryside Act (1981).
15. Where it is intended to create semi-natural habitats, all
species used in the planting proposals detailed in the
approved plans shall be locally native species of local
provenance unless otherwise agreed in writing with the
Council as Planning Authority.
Reason: In the interests of enhancing environmental
quality and biodiversity.
16. Prior to the occupation of each dwelling a hedgehog
highway shall be installed in garden fences by providing
access gaps of 13cm x 13cm at ground level to allow free
movement of animals.
Reason: In the interests of employing best practice
ecology and to ensure there is no adverse impact on any
protected species as identified under the Wildlife and
Countryside Act (1981).
17. Prior to the commencement of development all road
gullies within 500m of the SUDS pond shall have Wildlife
Kerbs installed adjacent to it to allow amphibians to pass
safely.
Reason: In the interests of employing best practice
ecology and to ensure there is no adverse impact on any
protected species as identified under the Wildlife and
Countryside Act (1981).
18. Bat and bird nesting boxes shall be installed in
accordance with the detail hereby approved, shown on
drawing number 13, prior to the occupation of the
relevant residential unit.
Reason: In the interests of employing best practice
ecology and to ensure there is no adverse impact on any
protected species as identified under the Wildlife and
Countryside Act (1981).
19. Measures to protect animals from being trapped in open
excavations and/or pipe and culverts shall be

Page 24

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 order to prevent animals from being trapped
within any open excavations.
20. The conclusions and recommended action points within
the supporting ecological appraisal submitted and hereby
approved (drawing number 07 relates) shall be fully
adhered to, respected and undertaken as part of the
construction phase of development.
Reason: In the interests of protecting environmental
quality and of biodiversity.
Drainage
21. The details submitted and agreed as part of condition 19
of planning permission 23/00145/AMM (drawing numbers
40-46 (inclusive)) and 23/00146/AMM (drawing numbers
38-45 (inclusive)) with regards to drainage, shall be
implemented in full and be operational prior to the
bringing into use of the development.
Reason: To ensure the provision of effective drainage for
the site.
Environmental Impact
22. The Sustainability Design Statement hereby approved
(drawing number 11), shall be implemented in full prior to
the occupation of each dwellinghouse.
Reason: In the interest of protecting the environment and
sustainability. 
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. Applicants are advised that the development granted
under this Approval of Matters Specified in Conditions
must be commenced not later than 25 years from the
date on which Planning Permission in Principle
(02/01482/IPM) was granted which was in this case 8
September 2016.
2. Under Section 27A of the Town and Country Planning
(Scotland) Act 1997 (as amended) the person
undertaking the development is required to give the
Planning Authority prior written notification of the date on
which it is intended to commence the development.  A
failure to comply with this statutory requirement would
constitute a breach of planning control under Section

Page 25

123(1) of that Act, which may result in enforcement action
being taken. 
3. As soon as practicable after the development is
complete, the person who completes the development is
obliged by Section 27B of the Town and Country
Planning (Scotland) Act 1997 (as amended) to give the
Planning Authority written notice of that position.
4. This development will require the 'Display of notice while
development is carried out', under Section 27C(1) of the
Town and Country Planning Act 1997, as amended, and
Regulation 41 of the Development Management
Procedure (Scotland) Regulations 2013.  The form of the
notice is set out in Schedule 7 of the Regulations and a
draft notice is included for your guidance.  In accordance
with Regulation 41 the notice must be:
• Displayed in a prominent place at or in the vicinity of
the site of the development 
• Readily visible to the public 
• Printed on durable material.
5. The developer is advised to contact Perth and Kinross
Heritage Trust (tel 01738 477027), to discuss terms of
reference for work required.
6. The applicant is advised that in terms of Sections 21 of
the Roads (Scotland) Act 1984 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
Protection Agency.  Please note that a fee is chargeable
for the processing of RCC applications.
7. Application for a new postal address should be made via
the Street Naming and Numbering page on the Perth &
Kinross Council website at www.pkc.gov.uk/snn.  Please
note there is a charge for this service and submission
cannot be made until the relevant Building Warrant has
been approved.
8. The applicant is advised that the granting of planning
permission does not guarantee a connection to Scottish
Water’s assets.  The applicant must make a separate
application to Scottish Water Planning & Development
Services team for permission to connect to the public
wastewater system and/or water network and all their
requirements must be fully adhered to.
9. Trees and scrub are likely to contain nesting birds
between 1st March and 31st August inclusive. Trees and
scrub are present on the application site and are to be
assumed to contain nesting birds between the above
dates.  The applicant is reminded that, under the Wildlife
and Countryside Act 1981, as amended (Section 1), it is
an offence to remove, damage or destroy the nest of any

Page 26

wild bird while that nest is in use or being built.  Planning
permission for a development does not provide a defence
against prosecution under this Act.
10. No work shall be commenced until an application for
building warrant has been submitted and approved.
11. The applicant is reminded that this site is still subject to a
Section 75 Legal Agreement, securing Developer
Contribution requirements and other matters, as secured
as part of planning permission 02/01482/IPM.  This
permission continues to be tied by this legal agreement
and the associated requirements will continue to apply. A
copy is available to view on the Council’s Public Access
portal.
12. This planning permission is granted subject to conditions,
some of which require further information to be submitted
to Development Management either before works can
start on site or at a certain time.  The required information
must be submitted via the ePlanning portal if your original
application was lodged that way, otherwise send it to us
at developmentmanagement@pkc.gov.uk.  Please be
aware that a fee is payable in respect of each request
made, though there is no limit to the number of conditions
that can be discharged in a single request.  The Fees
Charter is available on our website www.pkc.gov.uk.  The
Council has two months(or four months in the case of a
major application) to consider the information.  You
should therefore submit the required information more
than two months (or four months) before your permission
expires.  We cannot guarantee that submissions made
within two months (or four months) of the expiry date of
your permission will be able to be dealt with before your
permission lapses.
13. The applicant is 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.
14. The applicant is advised that technical approval will be
required for all street lighting apparatus within adoptable
areas, including the access road onto the A912, and
should contact the Street Lighting Partnership to obtain
technical approval prior to the submission of a Road
Construction Consent application.
15. Refuse collection vehicle will only enter the site during
development where there is clear access, adequate
turning and a suitable road surface with no raised
ironworks.  This means that Waste Services may not be
able to provide a full kerbside recycling service to
residents whilst the build is ongoing and bins may have to
be emptied from a collection point, specified by the area
Community Waste Adviser, until full access is made
available for refuse collection vehicles.  The developer

Page 27

must contact the Community Waste Team to discuss bin
collection as the site progresses.
16. 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.
17. 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
18. 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. 
(3) Local Application 
(i) 25/00753/FLL - Installation of barrier, Burleigh Sands Car
Park, Kinross (Report No. 25/255) 
Resolved:
Grant, subject to the following terms, 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. Prior to the commencement of development a plan
detailing the set back of the barrier from the edge of the
carriageway shall be submitted to and agreed in writing
by the Council as Planning Authority in consultation with
Transport Planning.  The details as agreed shall be
implemented as part of the development hereby
approved.
Reason: In the interests of road safety; to ensure an
acceptable standard of construction within the public road
boundary. 
Justification
The proposal is in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan.

Page 28

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. 
(ii) 25/00927/IPL - Residential development (in principle), land
80 metres east of Newlands House, 2 Dunsinnan Road,
Wolfhill, Perth, PH2 6TL (Report No. 25/256) 
Dr M Taylor, objector, followed by Mr G Dimeck, agent for the
applicant, addressed the committee, and answered Members
questions. 
Councillor B Brawn proposed an amendment to refuse the
application, seconded by Councillor K Allan. 
(The Committee took a 20 minute recess and then reconvened) 
Following discussion and advice on competency, Councillor
Brawn withdrew his proposed amendment. 
Resolved:
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, 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 in
terms of Section 59 of the Town and Country Planning

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(Scotland) Act 1997, as amended by Section 32 of the
Planning (Scotland) Act 2019.
3. Further to condition 2 above, measures for each
residential unit to maximise environmental sustainability
through design, orientation and planting or any other
means shall be 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 each residential
unit.
Reason: In order to clarify the terms of the permission
which is granted in principle only.
4.  Notwithstanding the details shown on the drawings
hereby approved, no permission is granted for the
submitted layout or the number of plots.
Reason: In order to clarify the terms of the permission
which is granted in principle only.
5. The dwellinghouses shall be of single storey proportions
and appearance with any upper level accommodation
being wholly contained within the roof space.
Reason: In the interests of visual and residential amenity;
to ensure a satisfactory standard of local environmental
quality; to reserve the rights of the Planning Authority.
6. 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 clarify the terms of the permission
which is granted in principle only.
7. No trees or hedge on the site shall be felled without the
prior written agreement of the Council as Planning
Authority.  Any detailed application shall be accompanied
by a detailed tree survey carried out by a qualified and
independent arborist indicating the type, age, condition,
location and accurate canopy spread of all the trees and
hedge on and affected by the site and including a tree
and hedge management report with details of the tree
and hedge protection measures to be employed during
construction in accordance with BS 5837 2012: Trees in
Relation to Design, Demolition and Construction.
Reason: In order to clarify the terms of the permission
which is granted in principle only.
8. Further to condition 2 above, a detailed landscaping and
planting scheme for the site shall be submitted to and
approved in writing by the Council as Planning Authority. 
The scheme shall include details of the height and slopes

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of any mounding or recontouring of the site, full details of
all hard landscaping proposals including materials and
installation methods and, species, height, size and
density of trees and shrubs to be planted.  The scheme
as subsequently approved shall be carried out and
completed within the first available planting season
(October to March) after the completion or bringing into
use of the development, whichever is the earlier, and the
date of Practical Completion of the landscaping scheme
shall be supplied in writing to the Council as Planning
Authority within 7 days of that date.  The scheme as
agreed and implemented shall thereafter be maintained
to the satisfaction of the Council as Planning Authority.
Reason: In order to clarify the terms of the permission
which is granted in principle only.
9. Further to condition 2 above, 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: All matters
regarding access, junction visibility, vehicle parking and
turning facilities, public transport facilities, walking and
cycling facilities ,and the road layout, design and
specification (including the disposal of surface water),
and waste management provision 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: 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.
10. As part of the first application for the Approval of Matters
Specified by Condition (AMSC) or detailed application, a
detailed design showing the full visibility splays along the
channel line shall be provided to the left and right of the
access, at a set-back of 2.4 metres measured 1.05
metres 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 greater than
1.05 metres in height shall be removed and relocated
outwith the splays.  Once formed, the visibility splays
shall be permanently retained thereafter, and no visual
obstruction above 1.05 metres of any kind shall be
permitted within the visibility splays so formed.  The
visibility splays, as approved in writing, shall be
implemented in accordance with the approved details to
the satisfaction of the Council as Planning Authority and
undertaken prior to the commencement of construction
associated with the AMSC or detailed application.

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Reason: In the interests of road safety; to ensure an
acceptable standard of construction within the public road
boundary.
11. As part of the first application for the Approval of Matters
Specified by Condition (AMSC) or detailed application, a
detailed design showing the footway along the frontage of
the site connecting with the junction of Caroline
Place/Birnam Wood Way to provide a connection to the
bus stop for local bus and school transport.  The detailed
design shall include the works at the bus stop at
Dunsinnan Road (NaPTAN Code: 73742686), which shall
be upgraded to a three bay enclosed bus shelter by the
developer to provide and install on appropriate hard stand
asphalt areas a bus shelter with a 3 bay enclosed bus
shelter supplied (Cairngorm style) and installed with
passenger information board, community 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 bus shelter
and footway as approved in writing, shall be implemented
in accordance with the approved details to the
satisfaction of the Council as Planning Authority and
undertaken prior to the occupation of the first
dwellinghouse associated with the AMSC or detailed
application.
Reason: In the interests of road safety; to ensure an
acceptable standard of construction within the public road
boundary.
12. The asserted right of way (37/14) and core path
(BURR/14, 13/14) must not be obstructed during building
works or on completion of the development.  Any damage
done to the route and/or the associated signage during
building works must be made good before the
development is completed or brought into use, whichever
is the earlier.
Reason: To ensure continued public access to the public
paths and in the interests of public safety within the site.
13. 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.

Page 32

Reason: To ensure the provision of effective drainage for
the site.
14. 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.
15.  A preliminary ecological appraisal shall be submitted for
written approval by the Council as Planning Authority with
further detailed applications.  This shall outline
biodiversity protection and enhancement measures.  The
conclusions and recommendations set out in the report
shall be fully adhered to, respected and undertaken to the
satisfaction of the Council as Planning Authority.
Reason: In the interests of protecting environmental
quality and of biodiversity.
16. The development shall be in accordance with the
requirements of Perth & Kinross Council’s Developer
Contributions and Affordable Housing Supplementary
Guidance 2023 in line with Policy 20: Affordable Housing
of the Perth & Kinross Local Development Plan 2 (2019),
or such subsequent Guidance and Policy which may
replace these.
Reason: To ensure the development is in accordance
with the terms of the Perth and Kinross Local
Development Plan 2 (2019) and to comply with the
Council’s policy on Developer Contributions and
Affordable Housing Supplementary Guidance 2023.
17. The development shall be in accordance with the
requirements of Perth & Kinross Council’s Developer
Contributions and Affordable Housing Supplementary
Guidance 2023 in line with Policy 5: Infrastructure
Contributions of the Perth & Kinross Local Development
Plan 2 (2019) with particular regard to primary education
infrastructure, or such subsequent Guidance and Policy
which may replace these.
Reason: To ensure the development is in accordance
with the terms of the Perth and Kinross Local
Development Plan 2 (2019) and to comply with the
Council’s policy on Developer Contributions and
Affordable Housing Supplementary Guidance 2023.
18. 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

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Development Plan 2 (2019) and to comply with the
Council’s policy on Developer Contributions and
Affordable Housing Supplementary Guidance 2023. 
Justification
The proposal is in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
Informatives
1. The applicant is advised that in terms of Sections 56 of
the Roads (Scotland) Act 1984 he/she/they must obtain
from the Council, as Roads Authority, consent to open an
existing road or footway prior to the commencement of
works.  Information on junction types, requirements for
Vehicular Access consents (VA1) and application forms
are available at www.pkc.gov.uk/vehicleaccess.  Advice
on the disposal of surface water should be sought at the
initial stages of design from Scottish Water and the
Scottish Environment Protection Agency.
2. The applicant should be advised that in terms of Section
21 of the Roads (Scotland) Act 1984 he/she/they must
obtain from the Council as Roads Authority consent 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 Protection Agency.
3. 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
4. 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
5. The applicant should take note of the information and
advice contained within the consultation response from
Scottish Water.
6. 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.
7. 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.

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8. 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 the existing hedgerow. 
6. Proposal of Application Notices (PoAN) 
(i) 25/00010/PAN - Residential development and associated
infrastructure, land 100 metres north of Clayton Road, Burnbank,
Bridge of Earn (Report No. 25/257) 
Councillor D Illingworth requested that due consideration be given to
the provision of health services; the plan for construction traffic;
flooding prevention; education provision; the fact that this land in not in
the Local Development Plan 2; and water and sewage provision. 
The contents of the Report by the Development Management and
Building Standards Service Manager, were noted. 
(ii) 25/00011/PAN - Residential development and associated
infrastructure (allocated site H13), land 120 metres west of Burr
Cottage, St Martins Road, Balbeggie, Perth, PH2 6EX (Report No.
25/258) 
The contents of the Report by the Development Management and
Building Standards Service Manager, were noted. 
(iii) 25/00012/PAN - Residential development and associated
infrastructure, British Car Auctions, Kinross, KY13 8EN (Report
No. 25/259) 
Councillor E Drysdale requested that due consideration be given to
ensuring that vehicular access is allowed to and from the car park at
Loch Leven. 
Bailie C McLaren requested that due consideration be given to the
local voice requesting no more housing in Kinross. 
Councillor D Cuthbert requested that due consideration be give to the
route through the site to the Loch Leven car park and the public right of
way that was previously diverted around the site; concerns regarding
whether the infrastructure in Kinross can cope with new housing;
impact on the availability of employment land; and whether there was
consent issued for the removal of the previous building. 
The contents of the Report by the Development Management and
Building Standards Service Manager, were noted.