24/01613/Fll
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. 25/284) PROPOSAL: Change of use, alterations and extension to office to form hotel LOCATION: Corner of High Street and Tay Street, Perth Ref. No: 24/01613/FLL Ward No: P12- Perth City Centre Summary This report recommends approval of Planning Permission for a change of use, extension and alterations to office to form a hotel. The development does not comply with flood risk policy within the Development Plan, however there are material planning considerations, including other relevant policies, which are felt justify a departure from the Development Plan. Notably this includes the economic benefit for Perth City Centre and bringing a vacant listed building back into active use. As there is an objection from a Statutory Consultee (SEPA) the application, if approved, would require to be notified to Scottish Ministers, in line with the requirements of the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009. Background and Description of Proposal 1 The former municipal buildings comprising 1-5 High Street and 18-15 Tay Street occupy a prominent city centre corner site in the Perth Central Conservation Area, with parts overlooking the River Tay. The buildings are category B listed (LB 39320). 2 The buildings have been in use as council offices, including at various times the district court and registry office, but have been largely vacant since 2008. 3 The site boundary encompasses the original 19th century sections of the building on the corner of High Street and Tay Street, as well as a 2-storey 1930’s extension to the rear, a rear courtyard accessed via a pend from Tay Street, and a pitch-roofed garage block within the courtyard. The proposal is to repair, adapt and reuse the existing buildings to form a 74-bedroom hotel and associated back of house facilities. The 19th century sections will be retained and refurbished, whilst the 1930’s rear extension will be substantially remodelled, including the addition of a two-storey roof extension.
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4 An associated application for listed building consent, for the alterations and extension to facilitate the proposed hotel use is under separate consideration (24/01614/LBC). Site History 5 02/01067/NID Notice was accepted from the Council on 16 September 2002 for alterations to form a disabled entrance. 6 88/00129/FUL Full Planning Permission was approved on 24 June 1988 for floodlighting stained glass windows. 7 88/01740/FUL Full Planning Permission was approved on 19 December 1990 for stonework repairs and stone cleaning. 8 91/00948/FUL Full Planning Permission was approved on 17 February 1992 for alterations to a door. 9 96/01863/FUL Full Planning Permission was approved on 30 August 1996 for Formation of a disabled access ramp. 10 05/00704/LBC Listed Building Consent was approved on 28 April 2006 for replacement of 'Crittal' metal windows with double glazed 'Crittal' metal W20 windows 11 24/01614/LBC Listed Building Consent is currently pending consideration for associated alterations and extension to the building. Environmental Impact Assessment 12 The proposal is not an EIA development. Pre-Application Consultation 13 The proposed development is not classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was not required to undertake any formal pre-application consultation with the local community. 14 Pre application Reference: 24/00108/PREAPL. 15 The above related to the proposed hotel use, and the response set out that this was acceptable in principle, subject to acceptable details. Development Plan 16 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.
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National Planning Framework 4 17 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve people’s lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 18 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 7: Historic Assets and Places • Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 18: Infrastructure First • Policy 22: Flood Risk and Water Management • Policy 30: Tourism Perth and Kinross Local Development Plan 2019 19 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. 20 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 11: Perth City Centre Secondary Uses Area • Policy 27A: Listed Buildings • Policy 28A: Conservation Areas: New Development • Policy 41: Biodiversity • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals
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Statutory Supplementary Guidance 21 • 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 - Placemaking (adopted in 2020) Other Material Considerations PKC Non Statutory Guidance 22 • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity • Conservation areas National Guidance 23 The Scottish Government expresses its planning policies through Planning Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Those relevant are listed below. Planning Advice Notes 24 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements • PAN 75 Planning for Transport Creating Places 2013 25 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 26 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
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created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 27 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. Consultations 28 As part of the planning application process the following bodies were consulted: External 29 Perth and Kinross Heritage Trust – No objection. Advise that the area has archaeological potential and recommend conditions requiring associated monitoring and a standing building recording. 30 Scottish Environment Protection Agency – Object to the proposal as it is a change from a ‘least vulnerable’ land use to ‘highly vulnerable’ and the submitted information is not sufficient to determine the potential impact. The use of flood warning systems is not considered to be appropriate to justify or facilitate development, including change of use of existing buildings. As such, while the proposal lies behind the Perth Flood Protection Scheme, the site is at risk of residual flooding in a 200 year (plus climate change) flood event. The suggestion to remove sleeping accommodation from the ground floor level is made. 31 Scottish Water – No objection. There is currently sufficient capacity in the Perth Water Treatment Works. It is suggested that the applicant completes a Pre- Development Enquiry (PDE). Internal 32 Structures and Flooding – Object. The proposal is not in accordance with NPF4 Policy 22, as it has not been adequately demonstrated that the proposed ground floor accommodation is above the flood risk level or safe access/ egress can be achieved. 33 Development Contributions Officer – No objections. While the proposal is within the “Full” Transport Infrastructure contributions zone, no contributions are required in this instance in accordance with the Transport Infrastructure Developer Contributions Supplementary Guidance. 34 Environmental Health – No objection, subject to conditions relating to noise, lighting, submission of a Dust Management Plan and a Preliminary Risk Assessment in relation to contaminated land.
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35 Biodiversity – No objection. A condition is recommended for the provision of swift nest boxes on the proposed roof extension. 36 Transportation and Development – No objection subject to conditions relating to: provision of a ‘drop off area’, cycle storage, submission of a Construction Transport Management Statement and Staff Travel Plan. 37 Commercial Waste Team – No objection. Advise the proposed bin storage is sufficient for the proposed development. 38 Conservation Team – The planning case officer is a conservation officer, so no formal response has been issued. Representations 39 3 representations were received, two objecting to the proposal and one neutral. The main issues raised within the representations are: • Visual impact • Potential noise • Loss of view 40 These issues are addressed in the Appraisal section of the report. Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations AA not required Design Statement or Design and Access Statement • Design Statement • Heritage Assessment Report on Impact or Potential Impact eg Flood Risk Assessment • Ecology Survey Report • Tree Survey Report • Geo-environmental report • Transport Assessment • Flood Risk Assessment • Drainage Strategy • Air Quality Impact Assessment Appraisal 41 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.
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The relevant policy considerations are outlined in the policy section above and are considered in more detail below. 42 In this instance, section 14(2) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such an application as this to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Section 64(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 is relevant and requires planning authorities to pay special attention to the desirability of preserving or enhancing the character or appearance of the designated conservation area. Principle 43 The principally relevant policies are NPF4 Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings, and LDP2 Policy 11: Perth City Centre Secondary Uses Area. 44 In this regard the site is within an area of long-established mixed uses including retail, office and residential. LDP2 Policy 11 supports a mix of appropriate uses which will not adversely affect the amenity of existing surrounding property. In this case it is considered that use as a hotel is acceptable in this context and will contribute to improving the vitality and amenity of the area, which is currently adversely affected by the prominent, disused building. 45 NPF4 Policy 9 supports the sustainable reuse of brownfield land including vacant and derelict land or buildings. The proposed change of use of the building to a hotel meets with the policy intent, in that the proposal utilises an existing asset, conserving embodied energy and regenerating an urban site at risk of dereliction in the long term. 46 While the proposed development is contrary to NPF4 Policy 22 in relation to flood risk, as detailed in the relevant section below, and to recommend approval would be considered a departure from the development plan, it is considered that such an approach is justified by the potential benefit of the proposed development in relation to the economic impact and regeneration of the disused building. In this respect the Chief Planner for Scotland issued a letter on 13 October 2025 clarifying Policy 22 and its application in practice. This makes it clear that flood risk should be clearly understood by the decision maker; that applicants should provide accurate information to support planning applications; and that SEPA and local authorities have a duty to reduce overall flood risk. It should also be appreciated that flood risk accumulates over time. The Planning Authority should also consider all other relevant NPF4 and local development plan policies and material considerations, alongside SEPA advice. This continues the theme that policies within NPF4 should be read and applied as a whole and that some conflict between different policies is normal and to be expected. The planning system requiring decision makers to weigh up all relevant policies, as well as material considerations in applying balanced planning judgement. The flood risk conflict is discussed further below.
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Design and Layout 47 The property is a Victorian municipal building on the prominent corner junction of Tay Street and High Street, within the Perth Central Conservation Area. 48 The proposal seeks to refurbish it as a 74-bedroom hotel, with a landscaped rear courtyard and back of house facilities within the existing garage block. The existing rear 1930’s extension is to be remodelled internally, with two additional storeys added via a roof extension. 49 In accordance with LDP2 Policy 2, a Design Statement has been submitted detailing the evolution of the proposed design. 50 The existing 19th century sections of the building facing High Street and Tay Street are to be retained as existing and repaired as necessary. The existing internal layout lends itself well to the proposed hotel use, and no significant change is considered to be required. Principal rooms and historic internal fabric and architectural features are to be protected and incorporated into the proposed redevelopment. Existing basement jail cells, the courtroom and Council Chamber are proposed to be retained as a visitor attraction, with managed public access. 51 The 1930’s rear extension is to be remodelled and extended to contain the majority of the hotel bedrooms. The existing dressed stone façade will be retained and repaired as necessary, with new sections finished in render and aluminium cladding. New windows will match the existing metal framed “Crittal” style units. Final details of the proposed windows, external doors and render/ cladding colour and specification can be controlled by condition and via the associated Listed Building Consent application. 52 The rear section is visible from Tay Street, through the existing pend access, and this view will remain unchanged. The proposed roof extension will not be readily publicly visible from either High Street or Tay Street. 53 The proposal is considered consistent with the requirements of the relevant policies, in relation to design and placemaking, as it will preserve and enhance the existing building, ensuring that its significant contribution to the streetscape character and interest is retained via the introduction of a viable new use. Residential Amenity 54 NPF4 Policy 14: Design, Quality and Place sets out that development proposals will be supported where they are consistent with the six qualities of successful places: Healthy, pleasant, connected, distinctive, sustainable and adaptable. 55 In terms of noise and external lighting, conditions are attached to ensure that these are acceptable in relation to plant/ equipment, construction and deliveries. A Noise Impact Assessment has been submitted and sets out appropriate mitigation to ensure residential amenity is protected. The recommendations can be controlled via condition (Conditions 9-13).
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56 Representations raise concerns relating to loss of sunlight/ daylight and overlooking in relation to the proposed roof extension within the rear courtyard. A supporting Daylight and Sunlight report indicates that the majority of windows and rooms tested within the neighbouring buildings satisfy the Building Research Establishment (BRE) criteria in relation to light. While a small number of rooms fall below the BRE guidance, these appear to be bedrooms and kitchens, with reasonable levels of daylight distribution to the principal areas facing the proposals. The report concludes that the proposed development aligns with the principles of the BRE guidance and will not unacceptably/materially affect daylight or sunlight to existing residential properties. 57 An Air Quality Impact Assessment has been completed due to the site location in the Perth Air Quality Management Area and concludes that the development will have a negligible impact on air quality. A condition is attached requiring a Construction Dust Management Plan, related to control of dust during the construction phase (Condition 8). 58 As there is potential for asbestos containing or other hazardous materials in the existing building, further information is required by condition in relation to contaminated land (Condition 16). 59 The proposal is considered to be consistent with the requirements of NPF4 Policy 14 as it will ensure the sustainable reuse of a unique, historic, city centre building which is in an attractive location and well-connected to existing facilities. Roads and Access 60 NPF4 Policy 13; Sustainable Transport and LDP2 Policy 60B: Transport Standards and Accessibility are of relevance in consideration of roads and access. 61 NPF4 Policy 13 seeks to encourage development that prioritises walking, wheeling, cycling and public transport for everyday travel and reduces the need to travel unsustainably. Similarly, LDP2 Policy 60B supports development that encourages the use of sustainable transport modes over private vehicles. 62 The submitted Transport Statement provides details of available infrastructure and service provision and sets out that the proposed development seeks to minimise impacts on the surrounding road network. 63 The location is within an area with multiple sustainable transport options. There will be no dedicated vehicular access or parking, and the site is within an existing controlled parking zone with nearby long and short stay car parks. 64 Further details are required by condition in relation to cycle parking, a Staff Travel Plan, a Construction Traffic Management Plan, and agreement of a High Street drop off area. Overall, the principle of the proposal is compliant with the relevant transport policies, subject to the recommended conditions (Conditions 2, 3, 4 and 5).
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Drainage and Flooding 65 SEPA flood mapping, which gives a high-level position, indicates that the site is within an area at low likelihood of river flooding, as such a Flood Risk Assessment (FRA) and Drainage Strategy have been submitted. 66 Thie FRA looks in more detail at the flood risk situation and sets out that there is actually an increased risk of both surface water flooding and fluvial flooding and this takes it into the medium risk category. As per the discussion in the below paragraph. 67 The location of the site behind Perth Flood Prevention Scheme (PFPS) offers a level of protection from fluvial (river) flooding. The FRA states that since construction of the PFPS, the way in which flood risks are calculated by SEPA has increased in terms of the adjustments applied in relation to climate change - from a 20% addition to 53%. This means that the site is now considered to have a potential medium risk of river flooding during severe weather events. 68 The existing building is categorised in Table 1 of SEPA’s ‘Flood Risk and Land Use Vulnerability Guidance’ (July 2024) as a “Least Vulnerable” use (which includes Offices) based on its most recent use. Whereas the proposed hotel use moves up to the next category of “Highly Vulnerable” (which includes Hostels and Hotels). This highly vulnerable categorisation sits below the ‘Most Vulnerable’ level, which includes uses such as hospitals and schools. 69 The stated intent of NPF4 Policy 22 is to “strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding”. Section (a) provides 4 exceptions where development proposals which are at risk of flooding or in a flood risk area could be supported: I. Essential infrastructure where the location is required for operational reasons II. Water compatible uses. III. Redevelopment of an existing building or site for an equal or less vulnerable use. IV. Redevelopment of previously used sites in built up areas where the LDP has identified a need to bring these into positive use and where proposals demonstrate that long term safety and resilience can be secured in accordance with relevant SEPA advice. 70 SEPA and the Council’s Flood Team have objected to the proposal on the basis that it is contrary to Policy 22 of NPF4. While the proposal comprises redevelopment of an existing building, there is an increase in vulnerability to flooding due to bedroom accommodation on the ground floor. In accordance with criterion iv, the proposal includes positive reuse of a site within a built-up area. However, adequate long-term safety and resilience are not adequately demonstrated by the submitted information, including the potential for safe/ dry access and egress during a flood event.
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71 The applicant has provided additional supporting information, including an updated Drainage Strategy and Flood Evacuation Plan. While the revised Drainage Strategy meets concerns previously raised, concerns remained regarding bedroom accommodation on the ground floor and safe access and egress, and both SEPA and the Council’s Flood Team maintain objections. 72 Viability information has been submitted by the applicant to demonstrate that the proposed development maximises the potential floor area of the site, and that without overnight accommodation on the ground floor, the reduced number of bedrooms would make the proposal unviable. No other viable uses within the ‘Less vulnerable category’ have been identified. Indeed, the proposed use as a hotel appears to be the only realistic option. On this basis, if the building cannot be used as a hotel there is a significant likelihood that it will remain disused in the long term. 73 While the proposal is contrary to Policy 22 in this respect, and this is fully understood and mitigation is proposed, with the risks accepted. It is noted that substantial areas of Perth City Centre are at a similar risk of flooding in a severe weather event. The building has been vacant since 2008, and there is little demand for office space in the city centre. Any end use would require to be financially viable in the context of a significant conservation deficit, due to the overall scale of the project, and the specialist nature of works to bring a listed building back into use while ensuring that its architectural significance is protected. Options for potential reuse of the building for alternative uses are extremely limited, and from a viability perspective, residential use would see similar issues in respect of flood risk. 74 The proposed development otherwise meets the policy criteria, and it is considered in this case that the proposed change of use is acceptable on the basis of the proposed flood mitigation measures, and the positive economic impact of the development, including the retention and sustainable reuse of a prominent, long-term vacant listed building in the city centre. In line with the requirements of the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009, should the application be approved by the Committee, then it would necessitate the application being notified to Scottish Ministers in order to ascertain whether they wish to ‘call-in’ the application for determination, or whether the application can progress for determination by the local authority. Waste Collection 75 The Council’s Commercial Waste team has been consulted and has confirmed that the arrangements set out in the application for bin storage are sufficient for the proposed development. Conservation Considerations 76 The site incorporates a category B listed building and is sited within the Perth Central Conservation Area. As such, Policy 7 of NPF4 and policies 27A and 28A of LDP2 apply.
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77 A Heritage Assessment has been submitted with the application, which sets out the significance of the building and how this has been taken into account during development of the proposals. It recognises that the area which will see most alteration (the later rear extension) is of least architectural and historic significance. 78 The assessment also recognises the principal rooms and internal features that contribute to the special interest of the building and are to be retained as existing. Most notably, the historic Council Chamber survives largely unaltered. This room is of local heritage significance, in addition to its architectural quality and interest. The applicant has agreed proposals to open the building to the public on specified days to ensure that this important element of Perth’s local history remains accessible, and a condition is attached to this effect (Condition 24). 79 The proposal adapts the existing building to facilitate use as a hotel, in the course of which there will be a degree of loss of historic fabric and minor alterations to the layout. The rear extension and courtyard will see the most change, with the existing principal views of the building from Tay Street protected. The building is currently vacant, and the longer it remains so, the more likely it is to suffer from disrepair, making any future efforts to reuse it more costly and complex. The proposed alterations have been designed with due consideration of the building’s character and interest and are considered proportionate to allow for the building to be actively reused and maintained in the long term. Conditions 19-21 seek to ensure that the appropriate level of detail is sought for design and materials. 80 The site is within an area of archaeological significance due to its location within the area associated to the medieval burgh of Perth. Conditions are attached to ensure that a detailed archaeological record is made of the existing building prior to commencement of works, and that appropriate archaeological mitigation in the course of works is agreed (Conditions 6 and 7). 81 For the reasons detailed above, the proposal is considered in accordance with the relevant built heritage policies. Natural Heritage and Biodiversity 82 In relation to natural heritage and biodiversity, NPF4 Policies 1: Tackling the climate and nature crisis, 2: Climate Mitigation and Adaptation and 3: Biodiversity apply, as does LDP2 Policy 41: Biodiversity. 83 An Ecological Impact Assessment has been submitted, setting out that the building has low suitability for roosting or hibernating bats, and the proposed works will not affect habitat that supports foraging or commuting bats. As such, no mitigation is required. 84 In accordance with NPF4 Policy 3, proposals for local development will include appropriate measures to conserve, restore and enhance biodiversity. As there is
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evidence of swift activity in the area, a condition is attached requiring swift boxes to be sited on the proposed roof extension (Condition 18). 85 A Tree Survey Report has been submitted in relation to a mature elm which, although the trunk is in a neighbouring courtyard adjacent, may be affected by the proposals due to branch spread into the site. The tree is protected due to its location in the Conservation Area, and is unusual survivor given the extensive loss of elm throughout the UK due to Dutch Elm Disease. While the Report notes that the tree is large for the confined space, its condition is adequate. The application does not require the removal of the Elm, although works will be required to facilitate the proposed roof extension. A standard condition has been added in relation to tree protection measures to ensure that the root protection area of the tree is not disturbed during construction works (Condition 15). 86 While the site has limited external space, a condition is attached requiring detailed landscaping proposals to ensure that appropriate consideration is given to biodiversity and visual enhancement of the courtyard areas (Condition 14). Developer Contributions 87 The Council Transport Infrastructure Developer Contributions Supplementary Guidance requires a financial contribution towards the cost of delivering the transport infrastructure improvements which are required for the release of all development sites in and around Perth. The site is located in the ‘Full’ Transport Infrastructure contributions zone (Appendix 3 of the Supplementary Guidance). 88 The proposal is primarily for a change of use and given the extant nature of the potential to use as offices, the building is considered to be ‘in use’ in terms of the Guidance. As such there is no contribution requirement. 89 An extension of floorspace is proposed, which has been assessed for any need of a contribution. This is considered under the ‘Other’ and ‘Employment’ categories in section 6 of the Guidance. 90 However, LDP2 Policy 5: Infrastructure Contributions, and the Supplementary Guidance both make provision for exemptions for defined categories of development, where no contributions will be required. These include development that ‘..would support Council objectives…’ (Policy 5); and cases where ‘… a proposal supports specific Council objectives, such as regeneration or significant economic benefit…’ (paragraph 6.11 of the Supplementary Guidance). 91 Taking the terms of the policy and Supplementary Guidance into consideration, the position recommended is that no Developer Contribution will be required for the extension of floorspace proposed. 92 This position is based on several factors, including Council objectives to identify and support measures that facilitate physical regeneration and economic development in the city centre – which may otherwise be prejudiced.
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Economic Impact 93 The proposed development provides the opportunity to bring a long-term vacant building of historic and architectural significance into active use, providing local employment and encouraging people into the city centre, contributing to the local economy. 94 NPF4 Policy 30 sets out that proposals for tourism related development will take into account factors such as the contribution made to the location economy, compatibility with the surrounding area and impacts on communities. The site is appropriately located to support regeneration and enhancement of the vitality and viability of the City Centre, including existing tourism-related facilities. It is also well served by sustainable transport links. Variation Of Application Under Section 32A 95 This application has not been varied prior to determination. Planning Obligations and Legal Agreements 96 None required. Direction By Scottish Ministers 97 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application. Conclusion and Reasons for Recommendation 98 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 significantly comply with NPF4, and the adopted Local Development Plan 2 (2019), with the exception of the change to a more vulnerable use within an area of flood risk. While the development is contrary to flood risk policies: NPF4 Policy 22 and LDP2 Policy 52. However, there are material considerations which are considered to justify a departure from these aspects of the development plan, notably the economic benefits for Perth City Centre and the retention and active use of a prominent vacant listed building. Accordingly, the proposal is recommended for approval subject to the following conditions. Recommendation Approve the application.
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Conditions and Reasons for Recommendation 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The proposed drop off facility on the High Street as shown on drawing 50 is not approved. Prior to commencement of development, a suitable scheme for an accessible drop-off facility and Traffic Regulation Order (TRO) are to be agreed in writing with the Planning Authority, in consultation with the Roads Authority. The proposed TRO is subject to the necessary consultation period. The scheme, as approved in writing, shall be implemented prior to the development being brought into use. This planning permission, if granted, does not guarantee that the proposed TRO/drop off facility will be approved. Reason - In the interests of providing an accessible drop-off facility. 3. Prior to commencement of any development on site, a detailed design for the proposed secure, covered cycle parking facility in the courtyard, to accommodate a minimum of 19 cycles, shall be submitted for the further written approval of the Council as Planning Authority, in consultation with the Roads Authority. This approved cycle parking shall be implemented in accordance with the approved details prior to the development being brought into use. Reason - To encourage active travel and to meet advice within Scottish Planning Policy on transport. 4. 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;
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g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; i) details of information signs to inform other road users of construction traffic; j) arrangements to ensure that access for emergency service vehicles are not impeded; k) co-ordination with other significant developments known to use roads affected by construction traffic; l) traffic arrangements in the immediate vicinity of temporary construction compounds; m) monitoring, reporting and implementation arrangements; n) arrangements for dealing with non-compliance; and o) details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management. 5. No part of the development shall be occupied until a Travel Plan, aimed to encourage more sustainable means of travel, has been submitted to and agreed in writing by the Council in consultation with Transport Planning. The Travel Plan will have particular regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided, the system of management, monitoring, review, reporting and the duration of the plan. Reason - To promote sustainable transport options and to meet advice within Scottish Planning Policy on transport. 6. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) which has been submitted by the developer and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress.
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Reason - To ensure a programme of archaeological works is carried out to safeguard and record any archaeological remains within the development area. 7. Development shall not commence until the developer has secured an archaeological standing building survey, to be carried out by an independent and suitably qualified archaeological organisation. The scope of the archaeological standing building survey will be set by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust. The name of archaeological organisation retained by the developer shall be given to the Council as Planning Authority and PKHT in writing not less than fourteen days before the commencement date provided in the Notice of Initiation of Development. Copies of the resulting survey shall be deposited in the National Record of the Historic Environment and in the Perth and Kinross Historic Environment Record upon completion of the survey. Reason - To ensure an appropriate archaeological standing building survey is carried out and the resulting survey is recorded properly. 8. Prior to the commencement of the development a Construction Dust Management Plan shall be submitted for the approval of the Planning Authority. The CDMP shall include procedures and mitigation measures for the control of dust to prevent or minimise the release of dust during any stages of the construction period of the development. Reason - In order to safeguard the neighbouring residential amenity in the area. 9. All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In order to safeguard the neighbouring residential amenity in the area. 10. Mitigation measures as described in Sections 7.4 of the Noise Impact Assessment undertaken by Sandy Brown dated 26.09.2024 (Document 27), shall be undertaken to ensure a satisfactory level of residential amenity can be achieved. Reason - In order to safeguard the neighbouring residential amenity in the area. 11. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In order to safeguard the neighbouring residential amenity in the area.
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12. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at any time on Sundays or bank holidays (as identified by Scottish Government). Reason - In order to safeguard the neighbouring residential amenity in the area. 13. Servicing of and deliveries to the premises shall be carried out between 0700 and 1900 Monday to Saturday only, with no servicing or deliveries permitted on Sundays. Reason - In order to safeguard the neighbouring residential amenity in the area. 14. Prior to the commencement of the development hereby approved, a detailed landscaping and planting scheme for the site shall be submitted for the written agreement of the Council as Planning Authority. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and installation methods and, species, height, size and density of trees and shrubs to be planted. The scheme as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained to the satisfaction of the Council as Planning Authority. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 15. Prior to the commencement of any works on site, all trees on site and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the duration of construction. Reason - In the interests of protecting environmental quality and of biodiversity. 16. Development shall not commence on site until an evaluation for the potential of the site to be affected by contamination by a previous use has been undertaken and, as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been submitted for consideration and accepted by the Council as Planning Authority. If the preliminary risk assessment identifies the need for further assessment, an intrusive investigation shall be undertaken to identify; I. the nature, extent and type(s) of contamination on the site II. measures to treat/remove contamination to ensure the site is fit for the use proposed III. measures to deal with contamination during construction works
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IV. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason - In order to deal with any potential contamination of the site as a result of its former use. 17. The conclusions and recommended action points within the supporting ecology survey report (Document 33) submitted and hereby approved shall be fully adhered to, respected and undertaken as part of the construction phase of development. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 18. Prior to the completion or occupation of the development hereby approved, whichever is the earlier, a minimum of 8 swift nest boxes shall be provided on the proposed roof extension. Boxes should be positioned close together in accordance with the requirements set out in the PKC Planning for Nature Supplementary Guidance. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development. Reason - In the interests of protecting environmental quality and of biodiversity. 19. Prior to the commencement of the development hereby approved, details of the specification of new or replacement windows and external doors, including elevation and section drawings, shall be submitted to and agreed in writing by the Council as Planning Authority. Reason - In order to protect the traditional character of the building and the appearance of the Conservation Area. 20. Prior to the commencement of the development hereby approved, details of the specification and colour of the proposed external finishing materials to be used shall be submitted to and agreed in writing by the Council as Planning Authority. The scheme as agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason - In order to protect the traditional character of the building and the appearance of the Conservation Area. 21. All new external and internal works and finishes and works of making good the retained fabric, shall match the existing adjacent work with regard to the methods used and to material, colour, texture and profile, unless shown otherwise on the
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drawings or other documentation hereby approved or required by any condition(s) attached to this consent. Reason - In order to protect the traditional character of the building and the appearance of the Conservation Area. 22. The development hereby approved shall be constructed so as to be flood resilient in order to reduce the extent of potential flood damage and thereby reduce repair costs and speed up building restoration should a flood event occur. Reason - In order to take account of the flood risk from the adjacent watercourse. 23. The measures identified in the Flood Risk Assessment (Document 24) to prevent flooding of the site, approved as part of this permission, shall be fully implemented. Verification that the scheme has been fully implemented must be submitted to the Council as Planning Authority prior to completion or the bringing into use of any part of the development, whichever is the earlier. Reason - In order to take account of the flood risk from the adjacent watercourse. 24. Prior to completion or occupation of the development hereby approved, whichever is the earlier, details of managed tours of the building to facilitate public access to the historic interior should be submitted to and agreed by the Council as Planning Authority. The details as agreed shall be implemented in full. Reason - To ensure public access is maintained in recognition of the local heritage significance of the building Justification The proposal is considered a minor departure from the Development Plan however there are material reasons which justify departing from the Development Plan. Procedural Notes SEPA has submitted a holding objection to the proposed development, in relation to flood risk. If the Planning and Placemaking Committee agree with the recommendation to approve the application, then the application will have to be referred to Scottish Ministers for authority to proceed. 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,
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which may result in enforcement action being taken. Please use the form attached herewith. 2. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 3. The developer is advised to contact Sophie Nicol, Historic Environment Manager (tel 01738 477027) Perth and Kinross Heritage Trust, to discuss terms of reference for work required. 4. The presence of protected species, and the extent to which they could be affected by the proposed development, should be established before works commence. Should protected species be identified within the site the developer should ensure that all appropriate measures required to comply with the relevant legislation are carried out. 5. 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. 6. 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. 7. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 8. This is approval of your application 24/01613/FLL for planning permission only. It does not include any approval for your related Listed Building Consent 24/01614/LBC. You should therefore not commence work until you have
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received Listed Building Consent. Carrying out alterations without Listed Building Consent is an offence. 9. No work shall be commenced until an application for building warrant has been submitted and approved. 10. 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. 11. 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. 12. Guidance on the detailed design and positioning of the cycle storage can be sought from Transport Scotland's Cycling by Design 2021. 13. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, he/she/they must obtain from the Council, permission to place, maintain or adjust apparatus in, or under a Road or remove apparatus from a road. Application forms are available at https://www.pkc.gov.uk/article/14916/Road-and-footway-permits. 14. The existing PKC Street lighting assets on exterior of building (High Street Side) are to remain. 15. 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. Background Papers Letters of representation 3 Authors Name Designation Contact Details Diane Barbary Conservation Officer 01738 475300 developmentmanagement@pkc.gov.
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Approved Name Designation Date Kristian Smith Development Management and Building Standards Service Manager 22 October 2025