25/00883/Amm
Perth and Kinross Council · 5 November 2025
Back to Planning and Placemaking Committee — 5 November 2025 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee – 5 November 2025 Report of Handling by Development Management and Building Standards Service Manager (Report No. 25/283) PROPOSAL: Erection of 18 dwellinghouses and associated works (change of house types, plot layouts and removal of private driveway for plots 135 -152 of 23/01941/AMM) LOCATION: Land 200 Metres West of Blairgowrie and Rattray Cottage Hospital, Perth Road, Blairgowrie Ref. No: 25/00883/AMM Ward No: P3- Blairgowrie and Glens Summary This report recommends approval of the application for a development comprising the erection of 18 dwellinghouses and associated works (change of house types, plot layouts and removal of private driveway for plots 135 -152 of 23/01941/AMM). The development is considered to continue to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh this conclusion. Background and Description of Proposal 1. The application site is located to the immediate north of Dunkeld Road to the north of Blairgowrie. The site slopes gently from a point of 94m AOD on its northern boundary to approximately 74m AOD near the southern boundary. Galabank footpath lies within the site boundary to the west and north, linking to core path (BLAI/31) and connects users from Dunkeld Road to Newton Street. 2. The settled edge of Blairgowrie lies to the east and south with existing private gardens, relating to the properties on Dunkeld Road, lying immediately adjacent to the wider site’s southern boundary. A further line of properties on Dunkeld Road is located to the west of the wider site. 3. Craighall Rattray, a Garden and Designed Landscape is located approximately 1.9km north of the wider site. There are a mixture of category A, B and C listed
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buildings in close proximity to the site including Newton Castle (category A listed building) which is located to the north of the application site. 4. The site is allocated within the Perth and Kinross Local Development Plan 2 (2019) (LDP2) as MU5 for mixed use development (residential, employment and education). Planning permission in principle (PPP) for a mixed-use development (employment, retail, residential, community and education) for the entire MU5 allocation was approved in December 2018. 5. The site is to be delivered in phases with Phase 1A for the erection of two retail units (Class 1), a neighbourhood centre comprising three retail units (Class 1), parking areas, landscaping, SUDS pond and associated works having been approved in January 2020 (Ref: 19/00163/AMM). 6. Planning application 22/00060/AMM for a residential development comprising 71 dwellinghouses and 32 flats (phases 1B and 2A) was approved in March 2023. This phase of development will deliver 73 affordable housing units, which represents a large proportion of the requirement for the wider site. The affordable housing tenures will be 34 Social Rent and 39 Mid-Market Rent properties. 7. Planning permission was approved in December 2024 for a residential development comprising of 152 dwellinghouses (23/01941/AMM). This forms phase 3 of the wider MU5 site. There is one access into the site which utilises the existing open field entrance. Dunkeld Road, which runs in an east-west direction, bisects the site with the SUDS to be located on the south side. Car parking is to be provided through a mixture of parking courts, in curtilage parking and off- street parking. Construction works have commenced. 8. This proposal seeks planning permission for a change of house type for 18 dwellinghouses at plots 135-152 (as approved under 23/01941/AMM) including revisions to plot layouts, site levels, finished floor levels (FFL), boundary treatments and the removal of the private access located to the west of plots 135-137. Site History 9. 14/00008/PAN Mixed use development for employment use, residential use, retail use and education was considered sufficient in November 2014. 10. 14/01768/SCRN Proposed mixed use development. EIA required January 2015. 11. 17/00939/IPM Mixed use development comprising residential development, employment land, education/recreation/community facilities, infrastructure including roads, footpaths, landscaping, drainage, open space and associated works. Approved in December 2018. 12. 19/00163/AMM Erection of 2 retail units (Class 1), a neighbourhood centre comprising 3 retail units (Class 1), formation of parking areas, landscaping,
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SUDS pond and associated works (approval of matters specified by conditions 17/00939/IPM) (Phase 1A - MU5). Approved in January 2020. 13. 22/00060/AMM Erection of 71 dwellinghouses and 32 flats (approval of matters in conditions of 17/00939/IPM) (Phases 1B and 2A - MU5). Approved in March 2023. 14. 23/01941/AMM Erection of 152 dwellinghouses and associated works (approval of matters specified by conditions (17/00939/IPM). Approved in December 2024. 15. 24/01529/ADV Advertisement Consent for display of signs. Approved in January 2025. 16. 25/00593/FLL for Erection of a sales office (for a temporary period). Application returned. Environmental Impact Assessment 17. The impact of the wider development site was screened for EIA (14/01768/SCRN) and it was determined that the proposal does constitute an EIA development. An EIA Report was submitted as part of the application for planning permission in principle. Pre-Application Consultation 18. Pre application Reference: 14/00008/PAN 19. The proposed development is classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. However, as the proposal is an AMSC application, further pre-application consultation (PAC) is not necessary beyond that already undertaken for the planning permission in principle. Development Plan 20. The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance. National Planning Framework 4 21. The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve peoples lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 22. The Council’s assessment of this application has considered the following policies of NPF4:
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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 15: Local Living and 20 Minute Neighbourhoods Policy 16: Quality Homes Policy 18: Infrastructure First Policy 19: Heating and Cooling Policy 20: Blue and Green Infrastructure Policy 22: Flood Risk and Water Management Policy 23: Health and Safety Perth and Kinross Local Development Plan 2019 23. The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 24. The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 6: Settlement Boundaries • Policy 14B: Open Space Retention and Provision: Open Space within New Developments • Policy 15: Public Access • Policy 17: Residential Areas • Policy 20: Affordable Housing • Policy 25: Housing Mix • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 27A: Listed Buildings • Policy 28A: Conservation Areas: New Development • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 34A: Sustainable Heating & Cooling: Heat Networks, Major Development and LDP Site Allocations • Policy 38A: Environment and Conservation: International Nature Conservation Sites • Policy 39: Landscape
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• Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 45A: Lunan Lochs Catchment Area • Policy 47: River Tay Catchment Area • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 53E: Water Environment and Drainage: Water Supply • Policy 58A: Contaminated and Unstable Land: Contaminated Land • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 25. • Supplementary Guidance - Air Quality (adopted in 2020) • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) • Supplementary Guidance - Placemaking (adopted in 2020) Other Material Considerations PKC Non Statutory Guidance 26. • Planning Guidance - Delivery of Development Sites • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity • Conservation areas • Supplementary Guidance - Renewable & Low Carbon Energy (draft) National Guidance 27. 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.
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Planning Advice Notes 28. The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 2/2010 Affordable Housing and Housing Land Audits • PAN 3/2010 Community Engagement • PAN 1/2011 Planning and Noise • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements • PAN 75 Planning for Transport • PAN 77 Designing Safer Places • PAN 79 Water and Drainage Creating Places 2013 29. Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 30. Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 31. 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 32. 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. The application site lies within ‘Name of’ Blairgowrie and Rattray Local Place Plan. The LPP raises no issues in respect of the consideration of this application. Consultations 33. As part of the planning application process the following bodies were consulted:
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External 34. Historic Environment Scotland: No objection. 35. Blairgowrie and Rattray Community Council: No comments. 36. Scottish Water: No objection. 37. Perth and Kinross Heritage Trust: No objection. Internal 38. Conservation Team: No objection. 39. Structures and Flooding: No objection. 40. Environmental Health (Noise Odour): No objection. 41. Environmental Health (Contaminated Land): No objection, subject to condition. 42. Transportation and Development: No objection, subject to condition. 43. Development Contributions: Officer: No comments. 44. Commercial Waste Team: No objection. Informative recommended. 45. Biodiversity: No objection. 46. Community Greenspace: No comments. Representations 47. No representations were received. Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed AA not required Design Statement or Design and Access Statement submitted Report on Impact or Potential Impact eg Flood Risk Assessment not required
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Appraisal 48. 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 49. The principle of the proposal has been established through the site’s allocation as MU5 in LDP2 for a mixed-use development, including residential. The LDP2 allocation advises that the residential capacity of the site is 179-280 units. Planning permission in principle (ref: 17/00939/IPM) has previously been approved for the phased development of the site and planning permission for Phase 3 was approved in December 2024 for 152 residential units (23/01941/AMM relates). 50. The principle of development is acceptable provided the proposals are compatible with relevant policies of the development plan. Design and Layout 51. Policy 14: Design, Quality and Place, Policy 15: Local Living and 20 Minute Neighbourhoods and Policy 16: Quality Homes of NPF4 are relevant as are LDP2 Policy 1: Placemaking, Policy 14B: Open Space within New Developments, Policy 17: Residential Areas, Policy 25: Housing Mix and Policy 42: Green Infrastructure. 52. The matters specified in Condition 3 of the PPP sets the required detail in respect of the layout and design considering: topography, siting, design, height and external materials of the buildings and structures. The PPP also requires further detail in respect of landscaping and open space, SUDS, car parking and boundary treatments. 53. The layout broadly remains similar to that already approved in this section of the site providing a range of 3-bedroom, two storey detached and semi-detached homes. The housing mix remains the same as previously approved. The main revisions are with plots 135-138 and plots 151 and 152 which propose a change of house type and plot layout and the remainder of the revisions relate to FFLs, site levels and resultant revisions to retaining walls, albeit minor and some revisions to boundary fencing. 54. The revised designs remain to be commensurate with the remainder of the development and will not appear out of place. The external finishing materials are also consistent and as such will integrate well within the rest of the development.
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55. All of the houses will have a private garden area and in-curtilage parking. Boundary treatments comprise of timber fencing, masonry walls and a combination of both. 56. Perth and Kinross Council Placemaking Guide 2020, page 39 specifies for off- street parking that parking within the plot should not dominate the front garden of houses. Similarly Designing Streets specifies that car parking should be level with, or behind the main building line which is more aesthetically pleasing in streetscape terms. It further references that parking within the front curtilage should generally be avoided as it breaks up the frontage, can be unsightly and restricts informal surveillance. 57. Parking remains the same as previously approved with the exception of 2 plots (formerly 136-137) which had a private access. This is to be removed, increasing the size of the open space and parking is to be provided to the sides of the dwellinghouses to reflect the revised layout. 58. Overall, the general layout, house designs and materials proposed are acceptable. The proposed development continues to contribute positively to the quality of the surrounding built and natural environment providing an inherently sustainable development and as such is in compliance with relevant NPF4 and LDP2 policies. Affordable Housing 59. The Council’s LDP2 Affordable Housing Policy requires that 25% of the total number of houses, above a threshold of 5 units, for which planning consent is being sought is to be in the form of affordable housing. 60. There is an existing S75 Agreement in place for this site in connection with the Planning Permission in Principle consent ref: 17/00939/IPM. 61. Approval of matters specified in conditions application has also gained consent since then, Phase 1A (19/00163/AMM) and Phases 1B and 2A (22/00060/AMM). The current application relates to Phase 3. 62. It is acknowledged that Phase 2, application 22/0060/AMM is approved on the basis that 73 new affordable homes will be delivered. 63. Notwithstanding, clause 5.2 of the S75 Agreement requires that prior to the submission of the first Application for Approval of a Condition in each development area, the relevant owner shall in either case following consultation with the relevant Council and statutory undertakers, submit a draft Affordable Housing Scheme to the Council for approval. An Affordable Housing Scheme has previously been submitted which satisfies the S75 requirement. 64. There is no requirement for affordable housing to be provided within this phase of the wider MU5 site as this is provided for in other phases as noted above.
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Landscape and Visual Amenity 65. In terms of the impact on visual amenity of the area, the proposal will not significantly alter the visual appearance from what has already been approved. 66. The landscaping scheme has been agreed under application 23/01941/AMM which remains applicable and is considered to be acceptable, however, an updated landscaping plan will be required to reflect the revised layout. Conditional control will be re-applied to ensure this is implemented accordingly (condition 18). 67. The design and layout of the site, along with the proposed landscaping is considered to be acceptable and will not cause any unacceptable visual impacts. 68. The proposal meets the objectives of Policies 4, 6 and 14 of NPF4 and LDP2 Policies 1, 39 and 40B. Residential Amenity 69. NPF4 Policy 14(c), NPF4 Policy 23 and LDP2 Policy 1A, 1B, 17, 56 and 57 require any development to not detrimentally impact on residential amenity and to ensure any occupiers of new development have an adequate level of residential amenity. Privacy, Daylight and Overshadowing 70. The Council's guidance generally seeks to ensure there is a minimum distance of 9m from windows to boundaries in order to mitigate overlooking from new development. Given the location of the development and the layout proposed there are not considered to be any overlooking concerns from the proposed dwellings. Each dwelling has a minimum of 9m deep rear gardens. 71. The location of the proposed dwellinghouses relevant to existing residential properties is such that there will be no loss of privacy or loss of daylight or overshadowing. Similarly, the new properties are adequately spaced out to prevent any impact on amenity in terms of loss of privacy, daylight or overshadowing. 72. As such, the proposal accords with the intent of NPF4 Policy 14(c): Design, Quality and Place and LDP2 Policies 1A and 1B, Placemaking and Policy 17 Residential Areas in respect of residential amenity. Noise 73. Condition 26 of the PPP requires a noise assessment to be submitted to demonstrate acceptable internal noise levels of 35 dB within all dwellings taking into account any acoustic mitigation proposed. An updated noise impact assessment was submitted with planning application 23/01941/AMM which required mitigation measures to be put in place.
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74. These plots were included in the updated noise impact assessment (NIA) undertaken by KSG Acoustics, dated 02 September 2024 (rev 5). Whilst noise mitigation measures were required for a number of plots within the proposed development, these measures do not relate to plots 135 – 152. Dust 75. A detailed Air Quality Impact Assessment (AQIA), which included a cumulative assessment with other large-scale development in Blairgowrie, was assessed as part of the PPP. Environmental Health had no objection to the assessment within the PPP and no further appraisal is required. Therefore, there are no conflicts with LDP2 Policy 57. The AQIA included dust control measures to be put in place throughout the construction of the development. The recommended measures are required to be implemented via Condition 9 of the PPP and will remain enforceable for the duration of the construction. 76. Therefore, subject to conditions, the proposal meets the terms of the PPP and the above noted policies. Roads and Access 77. Condition 3(iv) of the PPP specifies details required for roads, footpaths, cycleways and path connections. NPF4 Policy 13: Sustainable Transport seeks to encourage developments that prioritise sustainable travel while LDP2 Policy 60 Transport Standards and Accessibility Requirements requires consideration of transport and accessibility. A supporting Transport Statement was assessed by the Council’s Transportation and Development Team for the previous planning application 23/01941/AMM, who did not object to the scale of development and parking requirements were considered adequate. 78. The applicant is proposing to change the layout of 18 properties within the site. The parking at the properties is to an acceptable level, each plot will be provided with 2 parking spaces. The applicant shall be aware that any changes to this layout will require the Road Construction Consent layout to be updated and including any streetlighting. 79. Due to the nature of this proposal, there will be no changes to the traffic demand on site. 80. Subject to the conditions being re-applied from 23/01941/AMM (conditions 5-7), the proposal meets the terms of the PPP, NPF4 Policy 13: Sustainable Transport and LDP2 Policy 60: Transport Standards and Accessibility Requirements. Drainage and Flooding 81. PPP Condition 3(ix) requires details of the proposed foul and surface water Drainage to be provided. Conditions 10 and 11 support Condition 3(ix) and specify the approach to flood risk assessment and surface water drainage arrangements. The supporting Flood Risk Assessment (FRA) and Drainage
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Impact Assessment (DIA) submitted with planning approval 23/01943/AMM were assessed by the Council’s Structures and Flooding team. Subject to conditions, flood risk and surface water drainage arrangements were acceptable. 82. As previously noted, this application proposed a change of house type and layout including revisions to site levels. The Structures and Flooding team have been consulted and advised that the revisions do not meaningfully alter the flood risk or drainage strategy for the site as a whole. 83. Overall, the proposal complies with NPF4 Policy 22: Flood Risk and Water Management and LDP2 Policy 52: New Development and Flooding and Policy 53: Water Environment and Drainage. Waste Collection 84. The Council’s Community Waste Advisers have been consulted and have provided information on what provision should be made for waste and recycling. The dwellings will receive the 4-bin system. An informative note is recommended regarding waste collection and will be attached to the permission (Informative 6). Conservation Considerations 85. Colleagues with conservation expertise have been consulted and have advised that the proposed development does not raise any concerns in respect to any significant impact on the Blairgowrie Conservation Area or any listed building due to their being adequate separation distance. 86. As such the proposal complies with NPF4 Policy 7 and LDP2 Policies 27 and 28. Archaeology 87. The wider site lies within an area that is considered to have archaeological potential, however, Perth and Kinross Heritage Trust (PKHT) have been consulted and advised that this proposed development does not raise any concerns. 88. As such, the proposal complies with NPF4 Policy 7: Historic Assets and Places and LDP2 Policy 26: Scheduled Monuments and Archaeology. Natural Heritage and Biodiversity 89. The consideration of natural heritage and biodiversity is integral to the layout, design and landscaping detail required by the PPP. NPF4 Policy 1: Sustainable Places, Policy 3: Biodiversity, Policy 4: Natural Places and Policy 6: Forestry Woodland and Trees are relevant considerations as are LDP2 Policies 38: Environment and Conservation, 40: Forestry, Woodland and Trees, Policy 41: Biodiversity and Policy 45: Lunan Lochs Catchment Area.
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90. The Ecological Appraisal and detailed landscape proposals submitted with planning approval 23/01941/AMM have been previously assessed by the Council’s Biodiversity/Tree Officer. Re-consultation has been carried out on this application, however, due to the nature of the application, no objection has been received. 91. It is concluded that the proposal adequately provides for and enhances natural heritage and biodiversity and thereby complies with the relevant policies of NPF4 and LDP2. Conditions for 23/01941/AMM will be re-applied (conditions 10-16). Contamination 92. NPF4 Policy 9 Brownfield, vacant and derelict land and empty buildings and LDP2 Policy 58A: Contaminated and Unstable Land are relevant considerations. 93. A Site Investigation Report produced by Bayne Stevenson Associates Ltd dated November 2021 was submitted with the previous approval and reviewed by colleagues in Environmental Health. No objections were received or conditions recommended. The report covers Phase 2C & 3 of the wider development and has not identified any constraints with regards to contaminated land. Colleagues in Environmental Health have been reconsulted and whilst no objection has been raised, recommend a condition be applied insofar as any imported material sampling should be verified in a Verification Report prior to the occupation of any units. It is not, however, considered appropriate at this stage in the process to apply such a condition, however, an informative will be added instead (informative 18). 94. It is concluded that, the proposal complies with the relevant policies of NPF4 and LDP2. Developer Contributions 95. LDP2 Policy 5 – Infrastructure Contributions requires consideration of the individual or cumulative impact of new development on infrastructure and facilities and to secure contributions to address this impact where the development exacerbates impacts or generates additional need. 96. The proposed application represents a change in house type/design/layout with no overall change in unit numbers. There are no additional developer contribution requirements. 97. As such the proposal complies with LDP2 Policy 5. Local Living and 20 Minute Neighbourhoods 98. NPF4 Policy 15 requires that development proposals contribute to local living where the majority of people can meet their daily needs within reasonable distance of their home. The proposed development is located within an allocated site, within an existing residential area and is easily accessible by sustainable
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modes of transport including public transport, walking, wheeling and cycling networks. The development of the site would provide private homes in a location which is well served by local shops, schools, parks and open space within easy walking and wheeling distance and is therefore considered to meet the requirements of Policy 15 of NPF4. Low and Zero Carbon Generating Technologies 99. LDP2 Policy 32 ‘Embedding Low and Zero Carbon Generating Technology in New Development’ states that proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. As this proposal includes the erection of a new buildings, consideration must be given to this requirement. Further, NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ requires that development should be designed to reduce green gas emissions. 100. The previous submission refers to Solar PV panels and improved insulation on each home. The energy statement submitted stated that the proposed design provides opportunities for passive and natural energy sources in order to create a low-energy development. The energy statement further stated that through sustainable design, building practices and the incorporation of micro-renewable technologies into the dwellinghouses, they can achieve the carbon reduction targets set within LDP2. A condition was placed on 23/01941/AMM to ensure compliance with Policy 32 and subsequently agreed, however, to ensure continued compliance an appropriately worded condition will be re-applied (condition 9). Economic Impact 101. During the construction period, jobs will be created and sustained, supporting in- direct employment and revenue that this volume of construction activity will generate from employees spending on local goods and services. Longer term, additional residents to the area will also support existing local employment and services in the area. Planning Obligations and Legal Agreements 102. A Section 75 agreement has been secured for the 17/00939/IPM planning permission to secure necessary infrastructure improvements and contributions. The agreement in place continues to meet the objectives of the PPP and LDP2 Policy 5. An upfront payment was received towards the maintenance of the play area at Lochy Park for planning approval 23/01941/AMM. No further contribution is required. Direction By Scottish Ministers 103. Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions
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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 104. To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for approval subject to the following conditions. Recommendation Approve the application subject to the following conditions: Conditions and Reasons for Recommendation General 1. The development hereby permitted shall be commenced no later than the expiration of two years from the date of this consent or from the date of subsequent approval of matters specified in conditions, or three years from the date of planning permission in principle, whichever is the later. 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. Phasing and Delivery 2. The details submitted and agreed as part of condition 3 of planning permission 23/01941/AMM (drawing number 122) with regards to the phasing and delivery plan, shall be implemented in accordance with the agreed delivery plan and landscaping carried out concurrent with development. Reason - In order to ensure the satisfactory implementation and completion of the development. Drainage and Flooding 3. The developer shall ensure all SUDS features are fit for purpose and appropriately control, treat and discharge surface water up to and including their design standard. Reason - To ensure the provision of effective drainage for the site.
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4. Concurrent with the initiation of the development hereby approved and for the duration of construction, a temporary surface water treatment facility shall be implemented on site and maintained for the duration of the approved development works. The temporary surface water treatment facility shall remain in place until the permanent surface water drainage scheme is implemented unless otherwise agreed in writing by the Council as Planning Authority. Reason - To ensure the appropriate management of construction surface water run-off to minimise flooding and avoid discharge of sediment/pollution to the local water environment or neighbouring property, in the interests of residential and environmental amenity. Roads and Access 5. The details submitted and agreed as part of condition 10 of planning permission 23/01941/AMM (drawing numbers 125 and 126) with regards to the Construction Traffic Management Scheme (CTMS), shall be adhered to at all times. The CTMS is to remain a fluid document and will be required to be updated where necessary. Reason - In the interests of road safety 6. Prior to commencement of any development on site, the street lighting design must be submitted for the further written agreement of the Council as Planning Authority, in consultation with Perth & Kinross Council's Street Lighting Partnership for the public road network. The scheme shall include details of light spill, brightness of the lighting and the proposed hours of operation for both the public road network and the private areas, and timescales for delivery. The agreed lighting scheme shall be implemented and maintained in full accordance with the agreed scheme. Reason - In the interests of road safety 7. The details submitted and agreed as part of condition 17 of planning permission 23/01941/AMM (drawing number 130) with regards to a Residential Travel Plan, shall be implemented in accordance with the approved plan prior to the completion of the development. Reason - To promote sustainable transport options and to meet advice within National Planning Framework on Transport. Core Paths 8. All existing rights of way, core paths within or adjacent to the completed development shall at all times be protected and remain operational during the construction phases. Reason - In the interest of sustainable transportation.
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Environmental Impact 9. The energy statement submitted and agreed as part of condition 19 of planning permission 23/01941/AMM (drawing number 128) shall be implemented in full prior to the occupation of each dwellinghouse. Reason - To embed low and zero-carbon technologies within the development in the interest of environmental sustainability. Biodiversity 10. The details submitted and agreed as part of condition 20 of planning permission 23/01941/AMM (drawing number 125) with regards to the Construction Environmental Management Plan CEMP shall be adhered to at all times. Further, prior to the commencement of development of each phase an updated CEMP must be submitted for the approval of the Planning Authority. Subsequently, the measures outlined in the agreed CEMP shall be adhered to at all times during the construction period. Reason - In the interests of protecting environmental quality and of biodiversity. 11. The conclusions and recommended action points within the supporting Ecological Survey and Biodiversity Enhancement Plan submitted and approved under planning permission 23/01941/AMM (document numbers 61 and 113) 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. 12. 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. 13. 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, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 14. 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
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highways shall be retained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 15. 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. 16. Prior to the commencement of development, an updated Planting Plan shall be submitted to show the locations of the bird boxes and swift/bat bricks for the written agreement of the Planning Authority. The scheme as subsequently agreed shall be implemented prior to the occupation of each relevant residential unit. Thereafter, they should be maintained in a reasonable condition for the life of the development. Reason - In the interests of protecting environmental quality and of biodiversity. Trees and Landscape 17. All trees on site, other than those marked for felling on the approved plans, shall be retained. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 18. Prior to the commencement of the development hereby approved, an updated detailed landscaping and planting scheme, to reflect the revised layout, for the site shall be submitted for the written agreement of the Council as Planning Authority. 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. The approved scheme shall thereafter be maintained to the satisfaction of the Council as Planning Authority, with any planting which fails to become established within five years being replaced in the following planting season with others of a size and species as previously approved. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 19. All landscaped areas outwith the curtilages of the dwellings and shown on the approved drawings 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
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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. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None applicable. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. 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. 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 is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created
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dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests 6. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow for the collection of waste. 7. 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 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. 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 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. 10. No work shall be commenced until an application for building warrant has been submitted and approved. 11. 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. 12. 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 13. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is
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no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 14. 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. 15. The applicant is advised that technical approval will be required for all street lighting apparatus within adoptable areas and should contact the Street Lighting Partnership to obtain technical approval prior to the submission of a Road Construction Consent application. 16. The granting of planning permission does not stop the continued right of public access along the existing core path BLAI/31. 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 in advance of any works authorised by this planning permission being commenced. All relevant approvals should be in place prior to any stopping up and diversion of the core path taking place. 17. 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. 18. The applicant should take note of the information and advice contained within the consultation response from Perth and Kinross Council Environmental Health (Contaminated Land) Team. Background Papers Letters of representation 0 Authors Name Designation Contact Details Gillian Peebles Planning Officer (Majors) 01738 475300 developmentmanagement@pkc.gov.
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Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 20 October 2025