Minute of meeting of 5 November 2025
Perth and Kinross Council · 3 December 2025
Back to Planning and Placemaking Committee — 3 December 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
Planning and Placemaking Committee Minute of hybrid meeting of the Planning and Placemaking Committee held in the Council Chambers, 2 High Street, Perth, on Wednesday 5 November 2025 at 9.30am. Present: Councillors I Massie, G Stewart, B Brawn, Bailie R Brock (substituting for Councillor D Cuthbert), D Illingworth, I James, I MacPherson (substituting for Councillor K Harvey), Bailie C McLaren, R Watters and Bailie M Williamson. In Attendance: S Merone (Strategic Lead - Economy, Development and Planning); L McLean, C Morilly, K Smith and P Williamson (all Economy, Development and Planning); A Brown, C Elliott, M Pasternak (all Legal and Governance). Apologies: Councillors K Allan, D Cuthbert and K Harvey. Councillor I Massie, Convener, Presiding. 1. Welcome and Apologies The Convener welcomed everyone present to the meeting and noted apologies as above. 2. Declarations of Interest There were no Declarations of Interest made in terms of the Councillors Code of Conduct. 3. Minutes The minute of meeting of the Planning and Placemaking Committee of 8 October 2025 was submitted and approved as a correct record subject to the following update: Under Item 6(iii) the comments of Bailie McLaren be updated as follows: Bailie C McLaren requested that further to the local action plan due consideration be given to the local voice requesting no more housing in Kinross and the lack of appetite for housing on this site. 4. Deputations In terms of Standing Order 13, the Committee agreed to hear deputations in relation to the following planning applications: Planning Application No. Item No. 24/00731/FLM 5(1)(i) 24/01613/FLL 5(2)(i) 24/01962/FLL 5(2)(ii) 25/00866/FLL 5(2)(iii)
Page 2
5. Applications For Determination (1) Major Applications (i) 24/00731/FLM - Change of use, alterations and extension to stables to form visitor centre comprising café, ticket office and shop, erection of office building and installation of solar array, formation of outdoor play area, vehicular access, parking areas and associated works, Scone Palace, Queen's Drive, Old Scone, Perth, PH2 6BE (Report No. 25/280) Viscount W Stormont, applicant, addressed the Committee and answered members questions. Motion (Councillors I Massie and G Stewart) Grant, subject to the following terms, conditions and informatives, including amendments circulated to members prior to the meeting: Conditions General 1. This planning permission will last only for five years from the date of this decision notice unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 1B. No development shall commence until a Phasing Plan has been submitted to and approved in writing by the planning authority. The development shall thereafter be carried out in accordance with the approved Phasing Plan. Thereafter conditions requiring details to be approved in relation to a phase shall be submitted and clearly identify the phase to which they relate and accordance with the approved Phasing Plan. Reason - To ensure the coordinated and timely delivery of the various components of the development Roads and Access 2. Prior to commencement of development, a detailed directional signage strategy shall be submitted to and approved in writing by the Planning Authority, in consultation with the Roads Authority (Traffic). The strategy shall be implemented in accordance with the agreed detail prior to first use of the car park or visitor centre hereby approved. Reason - In the interest of efficient traffic flows. 3. Prior to commencement of development in line with the approved phasing plan a detailed design for the pedestrian entrance on Stormontfield tying in with the
Page 3
footway on the eastern boundary of Stormontfield Road, shall be submitted to the Roads Authority for approval. The scheme, as agreed in writing, shall be implemented in line with the approved phasing plan to the satisfaction of the Planning Authority. Reason - In the interest of sustainable transport. 4. Prior to commencement of development, a strategic travel plan shall be submitted to the Council as Planning Authority for approval by the Roads Authority. The strategic travel plan will set out where individual phases require a more detailed travel plan. All travel plans will have regard to provision of walking, cycling and public transport access to and/or within the site and will identify the measures to be provided, any phasing, the system of management, monitoring, review, reporting, and the duration of the plan. Each travel plan as agreed shall be fully implemented in line with the approved Phasing Plan to the satisfaction of the Council as Planning Authority. Reason - In the interest of enabling sustainable and multi- modal travel options. 5. Prior to commencement of development, in line with the approved phasing plan, a detailed design and specification for secure, covered cycle parking, in accordance with the standards outlined in the National Roads Development Guide, shall be submitted for approval by the Planning Authority, in consultation with the Roads Authority. The specification should be guided by Cycling by Design. The cycle parking, as approved, shall be completed and available for use in association with the phase of development to which it relates. Reason - In the interest of enabling sustainable travel options. 5B. In line with the approved phasing plan, a detailed design for the pedestrian entrance from Stormontfield tying in with the footway on the eastern boundary of Stormontfield Road, shall be submitted to the Planning Authority for prior written approval. The scheme, as agreed in writing, shall be completed and available for use in line with the approved Phasing Plan to the satisfaction of the Planning Authority. Reason - In the interest of sustainable transport. 6. Prior to the commencement of the development within each phase in the approved Phasing Plan, the applicant shall submit for the further written approval of the Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Plan (CTMP) for that phase which shall include the following: (a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used;
Page 4
(b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; (c) a code of conduct for HGV drivers to allow for queuing traffic to pass; (d) arrangements for liaison with the Roads Authority regarding winter maintenance; (e) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; (f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; (g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; (h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; (i) details of information signs to inform other road users of construction traffic; (j) arrangements to ensure that access for emergency service vehicles are not impeded; (k) co-ordination with other significant developments known to use roads affected by construction traffic; (l) traffic arrangements in the immediate vicinity of temporary construction compounds; (m) monitoring, reporting and implementation arrangements; (n) arrangements for dealing with non-compliance; and (o) details of HGV movements to and from the site. The CTMP as approved for each phase shall be strictly adhered to during the entire site construction programme. Reason - In the interests of road safety. Archaeology 7. Development shall not commence within a phase until the developer has secured the implementation of a programme of archaeological work for that phase in accordance with a written scheme of archaeological investigation which has been submitted by the applicant and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust. 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. In addition, the developer shall afford access
Page 5
at all reasonable times to Perth and Kinross Heritage Trust or a nominated representative and shall allow them to observe work in progress. Reason - To ensure archaeological monitoring is carried out to safeguard and record any archaeological remains within the development area. Contamination 8. Prior to the commencement of works on site, in each phase, an evaluation for the potential of that area to be affected by contamination by a previous use should be undertaken and as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) will be submitted for consideration by the Council as Planning Authority. If after the preliminary risk assessment identifies the need for further assessment, an intrusive investigation should be undertaken to identify; I. the nature, extent and type(s) of contamination on the site II. measures to treat/remove contamination to ensure the site is fit for the use proposed III. measures to deal with contamination during construction works IV. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development within each phase, the agreed measures to decontaminate the site shall be fully implemented on a phase-by-phase basis, as approved by the Council as Planning Authority and validation that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason - In order to deal with any potential contamination of the site as a result of its former uses. Residential Amenity 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 the interests of residential amenity. 10. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In the interests of residential amenity. 11. Within 2 months of receipt of a written request by the Council as Planning Authority, following a substantiated complaint from a sensitive property, the
Page 6
operator/applicant shall, at its own expense, employ a consultant approved by the Planning Authority to carry out an assessment of glint and glare from the development. The glint and glare assessment shall be submitted to and approved in writing by the Planning Authority. The assessment must identify any mitigation measures required if appropriate. Any mitigation measures identified shall be implemented on site in accordance with a timescale to be agreed with the Planning Authority. Reason - In the interests of residential amenity. Biodiversity 12. The conclusions and recommended action points within the supporting Bat Survey Report, Ecological Survey and Ecological Impact Assessment and Biodiversity Enhancement Plan submitted and hereby approved (document numbers 80, 84 and 118 relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 13. Revised ecological surveys, as required in relation to each phase and as agreed in writing with the Planning Authority, will be submitted for the prior written approval of the Planning Authority prior to the commencement of any works in relation to the relevant phase. Reason - In the interests of protecting environmental quality and of biodiversity. 14. 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 order to prevent animals from being trapped within any open Excavations. 15. Prior to the commencement of development in each phase, a Construction Environmental Management Plan (CEMP) must be submitted for that phase for the prior written approval of the Planning Authority. 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. Trees/Landscaping 16. Prior to the commencement of any development on site in any phase, a Tree Protection Plan (TPP) prepared in
Page 7
accordance with BS 5837:2012 for that phase, shall be submitted to and approved in writing by the Planning Authority. The TPP shall include details of all trees to be retained, the location and specification of protective fencing, and the extent of Construction Exclusion Zones (CEZs). All protective measures shall be installed prior to any site works and retained in place for the duration of construction. No excavation, storage of materials, or access shall take place within the CEZs unless otherwise agreed in writing by the Planning Authority. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 17. Prior to the commencement of any development, in any phase, and informed by details approved via condition 16, a site-specific method statement for that phase detailing all construction activities to be undertaken within proximity of retained trees shall be submitted to and approved in writing by the Planning Authority. The method statement shall include details of working methods, ground protection measures, supervision by a qualified arboriculturist, and any mitigation required to prevent damage to tree roots, stems, or canopies. All works shall thereafter be carried out in full accordance with the approved method statement. 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 within any phase, containing development in the vicinity of trees, detailed design proposals for all access routes and paths within or adjacent to Root Protection Areas (RPAs) of retained trees within that phase, shall be submitted to and approved in writing by the Planning Authority. These proposals shall incorporate non-dig construction methods and proprietary geogrid or cellular confinement systems to minimise ground disturbance. All works shall thereafter be carried out in full accordance with the approved details, under the supervision of a qualified arboriculturist. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 19. Prior to the commencement of any development, associated to works relating to conditions 15-18, an initial site meeting shall be held on location with the Planning Authority’s Enforcement Officer (Trees), or a representative, the applicant, and the appointed arboricultural consultant. The purpose of the meeting shall be to inspect proposed tree works, verify the installation of tree protection measures, and discuss the site-specific method statement for all construction activities in proximity to retained trees. No development
Page 8
shall proceed until the Planning Authority has confirmed in writing that the tree protection measures are satisfactory and the method statement has been agreed. Mid way through and at completion of the development there shall be two further site meetings with the same representation to assess site progress and compliance with tree protection measures. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 20. Prior to the commencement of a phase of the development hereby approved, a detailed landscaping and planting scheme for the phase 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 for each phase, 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. 21. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar size, species and number 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. External Finishes 22. For the avoidance of doubt, the copper cladding finish on the stable building extensions, as shown on Drawing 148, is not approved. Prior to the commencement of any development, details of the specification and colour of the proposed external finishing materials to be used shall be submitted to and agreed in writing by the Council as Planning Authority. The scheme as agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason - In the interests of protecting the special character of the Listed Building.
Page 9
23. For the avoidance of doubt, wholesale window replacement on the stable building, as shown on Drawing 148, is not approved. Prior to the commencement of any development, a detailed strategy for the retention and replacement of windows shall be submitted to and approved in writing by the Planning Authority. This shall include precise design specifications, materials, profiles, glazing type, and finishes for all proposed replacement windows. The strategy shall demonstrate how the proposals preserve the character and special architectural interest of the listed building. Where replacement is proposed, it shall be on a like-for-like basis unless otherwise agreed. All works shall thereafter be carried out in full accordance with the approved details. Reason - In the interests of protecting the special character of the Listed Building. 24. For the avoidance of doubt, wholesale replacement of doors on the stable building, as shown on Drawing 148, is not approved. Prior to the commencement of any works affecting external doors, a detailed strategy for the retention and replacement of doors shall be submitted to and approved in writing by the Planning Authority. This shall include precise design specifications, materials, profiles, finishes, and justification for any proposed replacements. Where replacement is proposed, it shall be on a like-for-like basis unless otherwise agreed. The strategy must demonstrate how the proposals preserve the character and special architectural interest of the listed building. All works shall thereafter be carried out in full accordance with the approved details. Reason - In the interests of protecting the special character of the Listed Building. 25. The rooflights hereby approved shall be installed in a manner that ensures that their upper surfaces are as near flush as possible with the upper surfaces of the roof into which they will be installed and with minimum flashing Reason - In the interests of protecting the special character of the Listed Building. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes Permission shall not to be issued until the Section 75 Agreement has been signed and registered to take account of this application. The legal agreement should be concluded and completed within 4 months of the date of any Committee approval. Failure to conclude a legal agreement within 4 months will result in the planning application being re-assessed through
Page 10
failing to comply with the associated developer contributions policy and may be ultimately recommended for refusal under delegated powers 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. No work shall be commenced until an application for building warrant has been submitted and approved. 4. 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 5. 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. 6. 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, 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. 7. The internal site is to remain private and as such will not be maintained by Perth & Kinross Council, nor will it be suitable for future adoption. If adoption is sought in the future, the road and drainage infrastructure will need to be brought up to an adoptable standard at the expense of the applicant.
Page 11
8. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 9. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 10. 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. 11. 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. 12. 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. 13. The proposed demolition and/or building works likely to cause harm to bats should not commence until the applicant has obtained the relevant licence issued by NatureScot pursuant to Regulation 53 of The
Page 12
Conservation of Habitats and Species Regulations 2010 authorising the specified activity/development to go ahead. 14. The planning permission decision notice shall not be issued until such time as the required Developer Contributions have been secured or paid in full. In the event the applicant does not either make the required payment within 28 days from the date the agent/applicant is advised of the need for the contributions or complete a legal agreement for delayed payment within a 4 month period from the date the agent/applicant is advised of the need for the contributions the application may be refused under delegated powers without any further discussion with the applicant. 15. 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. 16. This is approval of your application Ref no 24/00731/FLM; for planning permission only. It does not include any approval for your related Listed Building Consent Ref no 24/01699/LBC;.You should therefore not commence work until you have received Listed Building Consent. Carrying out alterations without Listed Building Consent is an offence. Amendment (Councillors B Brawn and I James) Approve, subject to the removal of Condition 22. In terms of Standing Order 21.5 a roll call vote was taken. 5 members voted for the Motion as follows: Councillors I MacPherson, I Massie, G Stewart, R Watters and Bailie M Williamson. 5 members voted for the Amendment as follows: Councillors B Brawn, Bailie R Brock, D Illingworth, I James and Bailie C McLaren. In terms of Standing Order 21.2, the Convener exercised the casting vote in accordance with the Motion. Resolved: In accordance with the Motion.
Page 13
(ii) 25/00672/AMM - Erection of 24 dwellinghouses and associated works (change of house type and plot layout) (approval of matters specified in conditions of 22/02223/AMM) (Phase 2), Scone North, Scone, Perth (Report No. 25/281) Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 1. The development must be begun not later than the expiration of three years beginning with the date on which this approval of matters specified in condition is granted. If development has not begun at the expiration of this period, the approval of matters specified in condition lapses. Reason - In order to ensure the development to which this approval of matters specified in conditions relates is commenced timeously and in accordance with Section 41(1)(c) of the Town and Country Planning (Scotland) Act 1997. 2. The Construction Environment Management Plan (CEMP) submitted to satisfy Condition 19 of planning permission 16/02127/IPM shall be implemented concurrent with the development. The CEMP will remain a dynamic document throughout the duration of construction and until the completion of development. The CEMP can be amended as necessary to meet best practice in terms of environment or ecology. Any amended document shall be submitted to the Planning Authority for written approval as soon as reasonably practicable citing the relevant amendment and appropriate guidance. Reason - In the interest of protecting environmental quality and of biodiversity. 3. All road gullies within 500m of a waterbody or Sustainable Urban Drainage (SUDS) pond shall have wildlife kerbs installed adjacent to the gully. 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). 4. All trees identified for retention and any peripheral trees bounding the site, which may be affected by any element of the approved development and its associated construction, (including land within the blue site area) shall be protected in full accordance with BS 5837: 2012 'Trees in relation to design, demolition and construction'. Reason - In the interest of tree protection in the interests of biodiversity and amenity of the area.
Page 14
5. The detailed landscaping and planting proposal specifications as hereby approved shall be undertaken and delivered commensurate with the residential development elements and thereafter maintained to the satisfaction of the Council as planning authority. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar sizes and species to the satisfaction of the Council as Planning Authority. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality and in pursuance of satisfying placemaking policy criteria of the adopted LDP. 6. Development shall not commence on site until an evaluation for the potential of the site to be affected by contamination by a previous use has been undertaken and, as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been submitted for consideration and accepted by the Council as Planning Authority. If the preliminary risk assessment identifies the need for further assessment, an intrusive investigation shall be undertaken to identify; I. the nature, extent and type(s) of contamination on the site. II. measures to treat/remove contamination to ensure the site is fit for the use proposed. III. measures to deal with contamination during construction works. IV. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason - In order to deal with any potential contamination of the site as a result of its former use. 7. Storm water drainage from all paved surfaces, including the access, shall be disposed of by means of suitable Sustainable Urban Drainage Systems to meet the requirements of best management practices. Reason - To ensure the provision of provide effective drainage for the site. 8. 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
Page 15
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. 9. The conclusions and recommended action points within the supporting ecology and tree survey reports including the Arboricultural Impact Assessment submitted and approved as part of 22/02223/AMM shall be fully adhered to, respected and undertaken as part of the construction phase of development. Reason - In the interests of protecting environmental quality and of biodiversity. 10. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, all biodiversity enhancement measures in the Scone North Phase 2A Biodiversity Action Plan (submitted for 22/02223/AMM) must be provided in full. 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. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013, as amended. The form of the notice is set out in Schedule 7 of the
Page 16
Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: a. Displayed in a prominent place at or in the vicinity of the site of the development b. Readily visible to the public c. Printed on durable material. 4. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act 1984 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. 5. 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. 6. 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 7. The applicant should be advised to contact Perth & Kinross Council Street Lighting Department to obtain technical approval for all street lighting provision. 8. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot to disturb a protected species. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are severe for non- compliance. 9. 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. 10. 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
Page 17
for the collection of waste, including construction phasing. 11. There is a continued requirement for a Section 75 legal obligation associated with Planning Permission in Principle 16/02127/IPM, relating to: • Community Facility delivery • Contribution towards Sports Facilities, including provision towards sports pitches and pavilion • Open Space provision and maintenance • Compensatory Tree planting • Public Transport movement • Affordable Housing • Structure Planting delivery. A copy is available to view on the Council's Public Access portal. 12. The applicant is advised to refer to Perth & Kinross Council's Flood Risk and Flood Risk Assessments Supplementary Guidance, and the CIRIA SuDS manual as it contains advice relevant to your development. 13. This approval 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. 14. 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. (iii) 25/00674/AMM - Erection of 64 dwellinghouses and associated works - phase 2 (change of house type and plot layout of 22/02223/AMM), Scone North, Scone, Perth (Report No. 25/282) Resolved: Grant, subject to the following terms, conditions and informatives:
Page 18
Conditions 1. The development must be begun not later than the expiration of three years beginning with the date on which this approval of matters specified in condition is granted. If development has not begun at the expiration of this period, the approval of matters specified in condition lapses. Reason - In order to ensure the development to which this approval of matters specified in conditions relates is commenced timeously and in accordance with Section 41(1)(c) of the Town and Country Planning (Scotland) Act 1997. 2. The Construction Environment Management Plan (CEMP) submitted to satisfy Condition 19 of planning permission 16/02127/IPM shall be implemented concurrent with the development. The CEMP will remain a dynamic document throughout the duration of construction and until the completion of development. The CEMP can be amended as necessary to meet best practice in terms of environment or ecology. Any amended document shall be submitted to the Planning Authority for written approval as soon as reasonably practicable citing the relevant amendment and appropriate guidance. Reason - In the interest of protecting environmental quality and of biodiversity. 3. All road gullies within 500m of a waterbody or Sustainable Urban Drainage (SUDS) pond shall have wildlife kerbs installed adjacent to the gully. 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). 4. All trees identified for retention and any peripheral trees bounding the site, which may be affected by any element of the approved development and its associated construction, (including land within the blue site area) shall be protected in full accordance with BS 5837: 2012 'Trees in relation to design, demolition and construction'. Reason - In the interest of tree protection in the interests of biodiversity and amenity of the area. 5. The detailed landscaping and planting proposal specifications as hereby approved shall be undertaken and delivered commensurate with the residential development elements and thereafter maintained to the satisfaction of the Council as Planning Authority. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar sizes and species to the satisfaction of the Council as Planning Authority. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality and in
Page 19
pursuance of satisfying placemaking policy criteria of the adopted LDP. 6. Development shall not commence on site until an evaluation for the potential of the site to be affected by contamination by a previous use has been undertaken and, as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been submitted for consideration and accepted by the Council as Planning Authority. If the preliminary risk assessment identifies the need for further assessment, an intrusive investigation shall be undertaken to identify; I. the nature, extent and type(s) of contamination on the site. II. measures to treat/remove contamination to ensure the site is fit for the use proposed. III. measures to deal with contamination during construction works. IV. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason - In order to deal with any potential contamination of the site as a result of its former use. 7. Storm water drainage from all paved surfaces, including the access, shall be disposed of by means of suitable Sustainable Urban Drainage Systems to meet the requirements of best management practices. Reason - To ensure the provision of provide effective drainage for the site. 8. 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. 9. The conclusions and recommended action points within the supporting ecology and tree survey reports including the Arboricultural Impact Assessment submitted and approved as part of 22/02223/AMM shall be fully adhered
Page 20
to, respected and undertaken as part of the construction phase of development. Reason - In the interests of protecting environmental quality and of biodiversity. 10. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, all biodiversity enhancement measures in the Scone North Phase 2A Biodiversity Action Plan (submitted for 22/02223/AMM) must be provided in full. 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. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013, as amended. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: a. Displayed in a prominent place at or in the vicinity of the site of the development b. Readily visible to the public c. Printed on durable material. 4. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority Road Construction Consent (RCC) to construct a new road prior to the
Page 21
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. 5. 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. 6. 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 7. The applicant should be advised to contact Perth & Kinross Council Street Lighting Department to obtain technical approval for all street lighting provision. 8. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot to disturb a protected species. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are severe for non- compliance. 9. 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. 10. 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, including construction phasing. 11. There is a continued requirement for a Section 75 legal obligation associated with Planning Permission in Principle 16/02127/IPM, relating to: • Community Facility delivery • Contribution towards Sports Facilities, including provision towards sports pitches and pavilion • Open Space provision and maintenance • Compensatory Tree planting • Public Transport movement
Page 22
• Affordable Housing • Structure Planting delivery. A copy is available to view on the Council's Public Access portal. 12. The applicant is advised to refer to Perth & Kinross Council's Flood Risk and Flood Risk Assessments Supplementary Guidance, and the CIRIA SuDS manual as it contains advice relevant to your development. 13. This approval 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. 14. 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. (iv) 25/00883/AMM - 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), land 200 metres west of Blairgowrie and Rattray Cottage Hospital, Perth Road, Blairgowrie (Report No. 25/283) Resolved: Grant, subject to the following terms, conditions and informatives, including amendments circulated to members prior to the meeting: Conditions 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.
Page 23
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. 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. As a potentially evolving document any changes to the CTMS shall be submitted to the Planning Authority for prior written approval in advance of any change in approach. Reason - In the interests of road safety 6. 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 occupation of 9 of the hereby approved 18 dwellinghouses. Reason - To promote sustainable transport options and to meet advice within National Planning Framework on Transport.
Page 24
Core Paths 7. 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. Environmental Impact 8. 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 9. 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 written 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. 10. 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. 11. 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. 12. The design of the roads serving all hereby approved dwellinghouses shall see wildlife kerbs incorporated into all road gullies within 500m of a SUDS pond or watercourse. A detailed design (reflective of any Roads Construction Consent) shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The approved design shall thereafter be completed and available for
Page 25
use in line with a roads delivery phasing plan, to be submitted to and approved in writing by the Planning Authority prior to the occupation of any more than 9 of the hereby approved 18 dwellinghouses. Reason - In the interests of protecting environmental quality and of biodiversity. 13. Prior to the completion or occupation of each hereby approved dwellinghouse, whichever is the earlier, hedgehog highways shall be created by providing access gaps in boundary treatments/wooden fences associated with that dwellinghouse/ plot each measuring at least 13cm x 13cm at ground level, to allow for the free movement of hedgehogs. Thereafter, the hedgehog highways shall be retained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 14. 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. 15. 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 16. 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. 17. 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
Page 26
first available planting season (October to March) in line with a landscape delivery phasing plan to be submitted to and approved in writing by the Planning Authority prior to the occupation of no more than 9 of the hereby approved 18 dwellinghouses. 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. 18. 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 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. 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:
Page 27
• 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 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
Page 28
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 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
Page 29
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. (The Committee took a 10 minute recess and then reconvened) (2) Local Application (i) 24/01613/FLL - Change of use, alterations and extension to office to form hotel, corner of High Street and Tay Street, Perth (Report No. 25/284) Mr P Williamson introduced the report and advised that amendments were required: 1. update to Condition 8 to tighten the wording relating to the implementation of the construction dust management plan; 2. Condition 10 relating to mitigation measures of the noise management plan requires confirmation as to when the measures are required by; and 3. Informative 5 to be deleted as it is a duplicate of Informative 1, with the others renumbered thereafter. Mr T Usmani, on behalf of the applicant, accompanied by Mr G Thomson, Turley and Mr R Duncan, JM Architects, addressed the committee, and answered members questions. Councillor B Brawn proposed an Amendment to defer the application to allow the Listed Building Consent to be determined before this application was determined. Following advice that the applications are separate and, in any event, due to the holding objection from SEPA this application was more appropriate to be determined first, Councillor Brawn withdrew his Amendment. Resolved: Minded to Grant, subject to notification to the Scottish Ministers, and the following amended terms, conditions and informatives, including an additional condition regarding SUDS: Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019.
Page 30
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; g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development;
Page 31
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
Page 32
PKHT or a nominated representative and shall allow them to observe work in progress. Reason - To ensure a programme of archaeological works is carried out to safeguard and record any archaeological remains within the development area. 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 hereby approved a Construction Dust Management Plan shall be submitted to and agreed in writing by the Council as 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. The CDMP shall thereafter be implemented as agreed. 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. Prior to the first use of the building as a hotel the mitigation measures as described in section 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
Page 33
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. 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
Page 34
and, as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been submitted for consideration and accepted by the Council as Planning Authority. If the preliminary risk assessment identifies the need for further assessment, an intrusive investigation shall be undertaken to identify; I. the nature, extent and type(s) of contamination on the site II. measures to treat/remove contamination to ensure the site is fit for the use proposed III. measures to deal with contamination during construction works IV. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. 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
Page 35
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 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 25. Development shall not commence on site until a detailed sustainable urban drainage system (SUDS) has been submitted for the written agreement of the Council as Planning Authority, in consultation with SEPA where necessary. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council's Flood Risk and Flood Risk Assessments Developer Guidance, and shall incorporate source control. All works shall be carried out
Page 36
in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason - To ensure the provision of effective drainage for the site. 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. 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, 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. 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. 6. 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
Page 37
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. 7. 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 received Listed Building Consent. Carrying out alterations without Listed Building Consent is an offence. 8. No work shall be commenced until an application for building warrant has been submitted and approved. 9. 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. 10. 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. 11. Guidance on the detailed design and positioning of the cycle storage can be sought from Transport Scotland's Cycling by Design 2021. 12. 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. 13. The existing PKC Street lighting assets on exterior of building (High Street Side) are to remain. 14. 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
Page 38
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. (ii) 24/01962/FLL - Erection of dwellinghouse with integrated farm office, glasshouse and dairy, extension of access track and associated works, land 370 metres north east of 5 Flawcraig, Farm Rait, Perth, PH2 7RY (Report No. 25/285) Mr G Milner-Smith, objector, followed by Mr D Lamont, applicant, addressed the committee, and answered Members questions. Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. 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. 3. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In the interests of visual and residential amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 4. 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
Page 39
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. 5. Prior to the commencement of development a plan which shows the curtilage of the dwelling (private garden ground) including a landscaping/planting/boundary treatment plan and access routes throughout the wider land holding shown in blue on associated plans shall be submitted to and agreed in writing by the council as Planning Authority in consultation with community green space. The scheme as agreed and implemented and completed prior to the occupation of the dwelling and shall thereafter be maintained to the satisfaction of the Council as Planning Authority. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar size, species and number to the satisfaction of the Council as Planning Authority. Reason - To ensure continued public access to the public paths and in the interests of public safety within the site. 6. The recommended action points in relation to biodiversity enhancements within the supporting statement submitted and hereby approved (document(s) 11; relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith.
Page 40
3. No work shall be commenced until an application for building warrant has been submitted and approved. 4. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests 5. 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. 6. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 7. The applicant shall ensure the private water supply for the dwellinghouse/ development complies with the Water Scotland Act 1980 (Section 63), The Private Water Supplies (Scotland) Regulations 2006 and The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. Detailed information regarding the private water supply, including the nature, location and adequacy of the source, any storage tanks/ pipework and the filtration and disinfection treatment proposed to ensure provision of an adequate and consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above Act and Regulations. (The committee took a 5 minute recess and then reconvened) (iii) 25/00866/FLL - Erection of agricultural storage building, land 35 metres west of Cala Sona, Ruthvenfield, Perth, PH1 3JP (Report No. 25/286) Ms A Brown read out a statement on behalf of Mr A Stronach, objector. Resolved: Grant, subject to the following terms, conditions and informatives:
Page 41
Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The hours of operations shall be restricted to 0700 hours to 1900 Monday - Friday and 0900 - 1700 Saturday and Sunday. Reason - In order to safeguard the neighbouring residential amenity in the area. 3. 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. 4. 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. 5. 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. The above shall be implemented throughout the construction stage of the development unless otherwise agreed in writing with the Council as Planning Authority and Environmental Health. Reason - In order to safeguard the neighbouring residential amenity in the area. 6. Prior to the commencement of the development hereby approved, details of the specification and colour of the proposed external finishing materials to be used shall be submitted to and agreed in writing by the Council as Planning Authority. The scheme as agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 7. Development shall not commence on site until a detailed sustainable urban drainage system (SUDS) has been submitted for the written agreement of the Council as Planning Authority, in consultation with SEPA where
Page 42
necessary. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council's Flood Risk and Flood Risk Assessments Developer Guidance, and shall incorporate source control. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason - To ensure the provision of effective drainage for the site. 8. Prior to the commencement of the development hereby approved, details of the location and measures proposed for the safeguarding and continued operation, or replacement, of any septic tanks and soakaways, private water sources, private water supply storage facilities and/or private water supply pipes serving properties in the vicinity, sited within and running through the application site, shall be submitted to and approved in writing by the Council as Planning Authority. The subsequently agreed protective or replacement measures shall be put in place prior to the commencement of the development being brought into use and shall thereafter be so maintained insofar as it relates to the development hereby approved. Reason - To ensure existing water and drainage infrastructures are not compromised. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would 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. An application for Building Warrant may be required. 4. 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
Page 43
relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 5. This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate provision of daylight, sunlight and shadow cast information. 6. 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. 7. Existing buildings or structures may contain nesting birds between 1st March and 31st August inclusive. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 8. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 6. Proposal of Application Notices (PoAN) (i) 25/00013/PAN - Residential development (allocated site H20), land 180 metres east of Latchburn Ford, Dunning, Perth PH2 0QS (Report No. 25/286) The contents of the Report by the Development Management and Building Standards Service Manager, were noted.
Page 44
(ii) 25/00014/PAN - Installation of 49.9MW Battery Energy Storage System (BESS) and associated infrastructure and landscaping works, land 300 metres north west of Jamesfield Garden Centre, Newburgh, Cupar KY14 9EW (Report No. 25/287) Councillor I James requested that due consideration be given to the cumulative impact and industrialisation of the area. Councillor D Illingworth requested that due consideration be given to fire safety due to water source being from a borehole , the use of agricultural land, an appropriate traffic management plan and the use of a bond to ensure rehabilitation once the project is finished. The contents of the Report by the Development Management and Building Standards Service Manager, were noted.