25/00510/Flm
Perth and Kinross Council · 3 December 2025
Back to Planning and Placemaking Committee — 3 December 2025 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee – 3 December 2025 Report of Handling by Development Management and Building Standards Service Manager (Report No. 25/338) Proposal: Erection of 52 dwellinghouses, formation of roads and footpath, SUDS, landscaping and associated works Location: Land 120 metres west of 10 Cairns Park, New Alyth, PH11 8PA Ref. No: 25/00510/FLM Ward No: P2- Strathmore Summary This report recommends approval of the application for a development comprising the erection of 52 dwellinghouses on land 120 Metres West Of 10 Cairns Park, New Alyth, PH11 8PA. The development is considered to continue to comply with the relevant provisions of the Development Plan and there are no material considerations that outweigh this conclusion. Background and Description of Proposal 1 The application site is located at the western edge of New Alyth, immediately to the north of the A926 public road. To the north, west and south of the site is agricultural land. The existing built context immediately to the east is residential, comprising of single storey bungalows, with two storey dwellings located within New Alyth itself. Whilst established tree planting forms the north and west boundaries, views are quite open from the surrounding area, particularly east and west and as the site is located on the edge of the settlement, any visual/landscape impact is a key consideration here. The site slopes from north to south with the highest point in the north west corner and the lowest point to the south. 2 This application seeks planning approval for 52 dwellinghouses (39 private/13 affordable), formation of roads and footpath, landscaping and associated works. A mix of house types are proposed, both private and affordable, which range from one bed to 4 bed in a mix of terraced, detached and semi-detached, single and two storey units.
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3 The site is allocated in the Perth and Kinross Local Development Plan 2 (2019) (LDP2) as H61 and is agricultural land. The LDP2 allocations total area is 3.1ha with a capacity range of up to 33 residential units. The Site-Specific Developer Requirements does identify H61 as requiring the following: • Flood Risk Assessment • Improvements to existing play park • Provision of woodland screen planting along the west and north boundary of the site • Enhancement of biodiversity 4 The application site extends to 2.9ha and is located within the settlement boundary of New Alyth. The boundary of the H61 site in the LDP2 includes the play park/playing field to the east, however, the red line site boundary does not include this area. The applicant excluded this area due to differential landowners, however, is fully aware of the site-specific developer requirement to make improvements to the playpark. 5 Alyth itself lies to the north east, an approximate distance of 1.6km to the town centre. Core path ALTH/146 also lies to the north east which connects users from Bamff View to Cambridge Road. Core path ALTH/109 is situated to the north of New Alyth which connects users from St Ninian’s Road to core path ALTH/152 which thereafter provides access to the wider core path network. Site History • 23/00016/PAN – Residential development (allocated site H61) was considered sufficient on 3 November 2023. • 24/01889/SCRN – Proposed residential development comprising approximately 55 houses including affordable housing. No EIA required - 18 December 2024. Environmental Impact Assessment 6 The proposed development, as an urban development project with a site area exceeding 0.5ha, falls under Schedule 2 (10(b)) of the Environmental Impact Assessment (Scotland) Regulations. The site was screened in December 2024 and was found not to require an EIA. Pre-Application Consultation 7 Pre application Reference: 23/00016/PAN 8 The proposed development is classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. The applicant was therefore required to undertake formal pre-application consultation with the local community. Public concerns raised as part of this
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process identified traffic congestion, flooding and drainage, infrastructure (School, GP Surgery), biodiversity and wildlife, construction impacts (traffic, air and noise pollution), location of two storey housing, density, retention of trees to the north east of the site, proximity of affordable housing to existing housing and footpath connection at Bamff View as being matters raised following the consultation events. These matters have been responded to in writing by the applicant and included within a Pre-Application Consultation (PAC) Report submitted with the application. 9 The PAC Report notes that two public events were held in New Alyth Town Hall, as required by the relevant regulations. The first event was held on the 2nd of November 2023 and the second event was held on the 21st of November 2023 with notice provided to local Councillors and Community Council in addition to an advertisement in the local press, a dedicated website and leaflet drop. A number of comments and concerns were reviewed and addressed within the PAC report and wider planning submission. The content and coverage of the community consultation exercise is considered sufficient and proportionate and in line with the aforementioned regulations. Development Plan 10 The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance. National Planning Framework 4 11 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve peoples lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 12 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 12: Zero Waste • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 15: Local Living and 20 Minute Neighbourhoods • Policy 16: Quality Homes • Policy 18: Infrastructure First • Policy 20: Blue and Green Infrastructure
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• Policy 21: Play, Recreation and Sport • Policy 22: Flood Risk and Water Management • Policy 23: Health and Safety Perth and Kinross Local Development Plan 2019 13 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 14 The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 1D: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 14B: Open Space Retention and Provision: Open Space within New Developments • Policy 17: Residential Areas • Policy 20: Affordable Housing • Policy 23: Delivery of Development Sites • Policy 24: Maintaining an Effective Housing Land Supply • Policy 25: Housing Mix • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 34A: Sustainable Heating & Cooling: Heat Networks, Major Development and LDP Site Allocations • Policy 39: Landscape • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 52: New Development and Flooding • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 54: Health and Safety Consultation Zones • Policy 55: Nuisance from Artificial Light and Light Pollution • Policy 56: Noise Pollution • Policy 57: Air Quality • Policy 60A: Transport Standards and Accessibility Requirements: Existing Infrastructure
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• Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance • Supplementary Guidance - Air Quality (adopted in 2020) • Supplementary Guidance - Delivering Zero Waste (adopted in 2020) • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) • Supplementary Guidance - Placemaking (adopted in 2020) Other Material Considerations PKC Non Statutory Guidance • Planning Guidance - Delivery of Development Sites • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft) National Guidance 15 The Scottish Government expresses its planning policies through Planning Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Those relevant are listed below. Planning Advice Notes 16 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 3/2010 Community Engagement • PAN 1/2011 Planning and Noise • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 67 Housing Quality • PAN 68 Design Statements • PAN 69 Planning and Building standards Advice on Flooding • PAN 75 Planning for Transport • PAN 77 Designing Safer Places • PAN 79 Water and Drainage
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Creating Places 2013 17 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 18 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 19 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. Local Place Plans 20 Local Place Plans are community-led plans setting out proposals for the development and use of land and set out a community’s aspirations for its future development. There are no Local Place Plans for this location. Consultations 21 As part of the planning application process the following bodies were consulted: External 22 NatureScot – no comment. 23 Scottish Environment Protection Agency – no comment. 24 Scottish Water – no objection. 25 Perth and Kinross Heritage Trust - no objection subject to condition. 26 Alyth Community Council - Concerns have been raised regarding the existing road infrastructure and suitability of the existing access/junction. Concern was also expressed about the impact on the health service. 27 NHS/HSCP - No objection. Acknowledge that the development will place additional pressure on health facilities, however, recognise that the site is an allocated site in the LDP2 and therefore it is too late to resist allocated sites on
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NHS/HSCP grounds. PKHSCP would respectfully like to raise awareness of the potential additional pressures that this development would add to existing primary care services in that area. Internal 28 Environmental Health (Noise Odour) – no objections on air quality grounds. No objection on noise grounds, subject to conditions. 29 Environmental Health (Contaminated Land) – no objection. 30 Strategy and Policy – initially commented on site capacity and open space standards. Comment were taken on board by the applicant and revisions were made to the site layout. Follow up response received which advised placemaking standards and open space requirements have been met. 31 Development Contributions Officer – the proposal is for 52 units, resulting in the requirement of 13 affordable homes which are to be provided on-site. The proposal is within the catchment of Alyth Primary School. Education and Children’s Services have no capacity concerns in this catchment area at this time. 32 Community Greenspace – commuted sum for the adoption of public open space and a financial contribution for maintenance of the Neighbourhood Equipped Area for Play (NEAP) is required. 33 Transportation and Development - no objections subject to conditions. 34 Structures and Flooding - no objections subject to conditions. 35 Community Waste Advisor – no objections. Informative recommended 36 Biodiversity/Tree Officer – no objections subject to conditions. 37 Affordable Housing Enabler – no objection, however, advise that early engagement with either PKC Housing Services or a partner RSL to ensure that a suitable affordable housing delivery partner is identified early and development of the indicative mix and tenure is appropriate, integrated into the site and substantively meets need/demand and aspirations of the community. Representations 38 7 representations were received. The main issues raised within the representations are: • Inappropriate housing density • Noise pollution • Over intensive development
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• Road safety concerns • Traffic congestion • Out of character with surrounding area • Air quality • Visual amenity • Inappropriate land use • Flood risk • Overlooking • Loss of open space • Increased pressure on dentist, doctors and schools/nurseries • Contrary to development plan policy • Excessive height 39 These issues are addressed in the Appraisal section of the report. Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report not required Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed AA not required Design Statement or Design and Access Statement submitted Report on Impact or Potential Impact eg Flood Risk Assessment • Transport Statement • Noise Impact Statement • Drainage Strategy Report • Construction Environmental Management Plan (CEMP) • Tree Survey Report • Air Quality Screening Assessment • Preliminary Ecological Appraisal Appraisal 40 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations,
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this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 41 The principle of the proposal has been established through the site’s allocation as H61 in Local Development Plan 2 (2019) for a residential development. The principle of residential development is thus established. It is, however, necessary to undertake an assessment of the detail of this proposal. The principle of the development is acceptable provided the proposals are compatible with relevant policies of the development plan. 42 The determining issues in this case are whether; the proposal complies with Development Plan policy; whether the proposal complies with supplementary planning guidance; or if there are any other material considerations which justify a departure from policy. LDP Allocation and Site Density 43 It is noted within the representations received concerns with the proposed number of dwellinghouses. The site capacity range of up to 33 units covers H61. Whilst the proposal exceeds the capacity range identified within LDP2, as with other sites in the LDP, this figure is indicative and is not binding, therefore, it is not a barrier to development looking at higher or lower densities. 44 The applicant has taken account of some initial feedback following submission regarding placemaking standards and open space requirements resulting in revisions to the layout. The proposed site is edge of settlement, located in an established residential area of New Alyth and is an accessible location as it is it close to the public transport network and the services provided within Alyth. 45 The proposed density of 52 units can be physically accommodated within the site, along with a SUDs pond and open space which can be enjoyed by all residents in the area, enhanced connections to existing core path routes and integration of new development into existing, the woodland strip on the west and northern boundaries, a site-specific developer requirement, all of which further demonstrate the sites capacity for the number of dwellings proposed. A good level of rear private amenity space will be provided along with landscaped frontages. The proposals offers a varied housing mix to help meet current market demand. All properties will have an acceptable amount of garden ground whilst not adversely impacting on any of the surrounding properties in terms of overlooking or overshadowing. Parking standards are acceptable with a mix of side, front and off-street parking. The scale of development for this site is acceptable. 46 The proposed development accords with NPF4 Policy 16 and LDP2 Policy 1: Placemaking and Policy 17: Residential Areas. Design and Layout
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47 The applicant has submitted a supporting Design and Access Statement, as required for an allocated site under LDP2. Policy 14: Design, Quality and Place, Policy 15: Local Living and 20 Minute Neighbourhoods and Policy 16: Quality Homes of NPF4 are relevant as are LDP2 Policy 1: Placemaking, Policy 14B: Open Space within New Developments, Policy 17: Residential Areas, Policy 25: Housing Mix and Policy 42: Green Infrastructure. 48 Through Designing Places (2001) The Scottish Government signalled the importance they attach to achieving improvements in the design and quality of new development and bringing long-term benefits to the urban and rural environment. It should be noted that good design should be the aim of everyone in the planning and development process with it being important at all scales of development. 49 Designing Streets (2010) published by the Scottish Government suggests that streets should be designed as social places, being well-connected at all levels. It aims to move away from vehicle dominated road layouts in favour of streets designed for people that achieve a sense of place, producing interesting usable street layouts. 50 NPF4. Policy 14 encourages, promotes and facilities well designed development that makes successful places by taking a design-led approach. Development proposals will be supported where they are consistent with the six qualities of successful places; health, pleasant, connected, distinctive, sustainable and adaptable. 51 As noted above, letters of representations received raise concerns in respect to the plot density proposed here. The numbers noted within the LDP2 are not absolutes and the number of dwellinghouses proposed are assessed based on a number of factors including the efficient use of land, how they fit in contextually, their design, layout, garden sizes, permeability through the site etc. 52 Permeability of places is a crucial component in good street design. Internal permeability is important, however, any area should also be properly connected with adjacent street networks. A development with poor links to the surrounding area creates an enclave which encourages movement to and from it by car rather than other modes. In this case the development proposes to use an existing vehicular access and two pedestrian links, one to the existing play park and one to Bamff View and is thereby considered to be a permeable and well-connected site that accords with the National Roads Development Guide 2014, NPF4 Policy 13 and LDP2 Policy 60B. 53 When considering the layout of any new development, one of the key issues to consider is creating the opportunity for natural surveillance. Buildings, spaces and pedestrian routes should be located to maximise natural observation from pedestrian and passing motorists. Active frontages should be encouraged wherever possible i.e. doors leading onto the street and windows overlooking all public areas. The proposed layout takes cognisance of Designing Streets and incorporates appropriate natural surveillance of all areas of space and the main
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pedestrian routes. Frontages are planned to overlook all streets, footpaths and open spaces to ensure passive surveillance. The proposal is, therefore, in compliance with PAN 77 – Designing Safer Places, NPF4 Policy 13 and LDP2 Policy 1. 54 The proposals consist of single storey, two storey, detached, semi-detached, terraced and flatted properties providing a good mixture of house types. Whilst the proposal does not include shared surfaces, it provides good linkages to ensure the site is extremely permeable for all modes of transport especially pedestrians and cyclists with footpaths located towards the town centre, public transport connections and the surrounding neighbourhood. In terms pf parking, there is a mixture of side, front and on-street parking which is welcomed and ensures that the proposal is not car dominated. 55 In terms of the proposed design of each house type, there is an acceptable range of design and materials proposed. The Design and Access Statement describes the house designs as being traditional, designed to complement the local area. Finishing materials comprise of a render (two types) to the walls with a reconstituted stone base course, dark grey roof tiles and reconstituted stone window bands coloured to complement the two render tones. The two renders comprise of Rowebb Decarock Polar White and the other Rowebb Decarock Tuscan on Scotrend Buff. The first being the predominant finish with the latter used sparingly to provide variety. Windows will be white framed and front doors will see a range of bright and contrasting colours such as olive green, burgundy, royal blue, white and anthracite, all of which will be spread throughout the development. Those plots with garages will see the garage doors coloured to match the front door. 56 The existing village is a mix of one and two storey housing with the western edge predominantly being of single storey construction. As such the housing proposed on the eastern edge, where they meet, will be of single storey to match. The perimeter of the site will also be predominantly single storey to help integrate the development into its wider landscape setting. 57 In terms of housing mix, the development proposed a mix of 1-4 bedroom properties as follows: Open Market • 2 x 2 bedroom semi detached bungalow (Ardwall) • 1 x 2 bedroom detached bungalow (Ardwall) • 6 x 2 bedroom semi-detached dwellinghouse (Cruachan) • 4 x 3 bedroom detached bungalow (Lismore) • 5 x 3 bedroom detached bungalow (Aray) • 4 x 3 bedroom detached bungalow (Avon) • 3 x 3 bedroom detached bungalow (Arklet) • 2 x 3 bedroom detached bungalow (Affric) • 3 x 3 bedroom detached dwellinghouse (Coulin)
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• 3 x 4 bedroom detached bungalow (Ashdale) • 2 x 4 bedroom detached dwellinghouse (Buie) • 4 x 4 bedroom detached bungalow (Truim) Total = 39 Affordable Housing • 2 x 1 bedroom wheelchair cottage flat • 2 x 2 bedroom cottage flat • 4 x 3 bedroom semi detached dwellinghouse • 5 x 2 bedroom terraced dwellinghouse Total = 13 58 NPF policy 16 supports development proposals that improve affordability and choice including a range of size of homes whilst LDP2 Policy 25: Housing Mix specifies for all proposals on sites with a total capacity of 20 or more homes, at least 10% of their homes should be one or two bedroom homes. The proposal is in compliance with these policies. 59 The site has been well laid out and designed, taking into account the key constraints and opportunities. The site provides good connectivity, both within the development and with the surrounding area, including providing access to existing core path provision. The Design & Access Statement has provided a sound justification for the design and layout of the site, considering a range of key design parameters such as grid type perimeter housing blocks, frontages facing onto the A926 public road, connectivity, use of landscaping and external finishes, etc. The site also incorporates a range of 1–4 bedroom units, with the affordable housing units integrated well within the site. The site also mixes the size range of properties across the development. Overall, the general layout, house designs and materials proposed are acceptable and contribute positively to the quality of the surrounding built and natural environment in compliance with relevant NPF4 and LDP2 policies. Landscape and Visual Amenity 60 In terms of the impact on visual amenity of the area, a residential development will inevitably change the visual appearance of the area, however, the application site has been identified for residential use in the LDP, therefore this degree of change was envisaged in the site allocation. 61 The Landscape plans submitted for the site sets out how the areas of landscaping will be incorporated into site. The site-specific developer requirements are to provide a woodland screen along the north and west boundaries. The applicant has historically planted trees along both boundaries which will be enhanced with specimen trees all to the benefit of improved habitat areas, wildlife corridors and help screen the development from wider landscape views.
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62 The proposed landscape framework will ensure a robust, multi-functional landscape that provides an attractive range of opportunities for outdoor enjoyment and for biodiversity. The design and layout of the site, taken together with the proposed landscaping throughout, SUDS, open space and woodland buffer is considered to be acceptable in landscape terms and will not cause any unacceptable visual impacts. 63 The Council’s Enforcement Officer (Trees) has, however, reviewed the proposal in respect to trees and landscaping and whilst does not object to the proposal, has noted some points which require to be addressed. The tree report indicates that the development proposals will not require the removal of any trees and advises that some crown lifting will be required to a certain tree (T4411), where a new footway is being introduced. The report also advises, if trees are lost to the development that mitigation planting will be agreed. There is some difficulty with knowing whether the proposed rear garden fences will encroach into the existing tree/woodland boundaries. The tree report accompanying this application indicates that there are no real issues of tree health and condition, and no conflict with the general development proposed at the site. If there is any expectation that boundary trees will be removed to placate customers, the applicant should acknowledge this and amend the design to allow sufficient distance from the plot boundary of the properties to the tree line to ensure that the existing trees do not present an issue, as supported by the tree report. A condition will be placed on the consent to ensure these trees are retained in order to comply with the recommendations from the Tree Officer (condition 22). 64 The tree report advises of the use of low invasive surfacing near to T4411, and the Arbor Raft Plan, has this zone clearly marked. The use of a cellular confinement system should hopefully ensure that the root protection area of this tree is safeguarded. This, however, will be secured by condition. Concerns have been raised in respect to the sole use of ground cover shrubs for all shrub areas, and the species selected for groundcover shrubs. Furthermore, there is insignificant boundary treatment to the south boundary. It would be beneficial to gain better boundary treatment at the south boundary, particularly adjacent to the SUDS. This can be secured by a revised landscaping and planting scheme, condition 24 relates. 65 In terms of the visual impact of the proposed development, edge of settlement sites are generally prominent sites in respect to their visibility, therefore, great care and attention must be taken to ensure the proposed development integrates successfully into its surroundings. The southern boundary of the site sits immediately adjacent to the A926 public road, a main route into New Alyth. Housing along the southern boundary is orientated with frontages facing onto the A926 to provide a public face to the development. The housing is supplemented by tree and native hedgerow planting and the scale, height, massing and materials of the proposed housing has been carefully considered to ensure that any visual impact is minimised within the wider landscape setting. 66 The proposal meets the objectives of Policies 4, 6 and 14 of NPF4 and LDP2 Policies 1, 39 and 40B.
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Open Space and Play Area 67 It is acknowledged that whilst the location of the SUDS is not integrated into the site, rather it sits close to the southern boundary, this is due to the sloping topography of the site and as such it is proposed at the lowest part. Whilst it is not possible to provide a pathway around the SUDS or indeed locate the SUDS within the wider area of open space, due to its constrained location and technical requirements, its proposed location will, however, provide an open green space on this edge of development. Furthermore the SUDS feature will be enhanced with specimen trees, hedging and ground shrubs and informal recreation is provided for elsewhere within the site. 68 In terms of a play area, the site-specific developer requirements is for enhancements to the existing play area located to the east of the site, outwith the red line site boundaries. 69 Community Greenspace have confirmed no play park is required within this site, however, a commuted sum will be required which can either be paid up-front or by a section 75 legal agreement for enhancements to the existing play park. Additionally, the applicant has proposed an area of open space designed to provide play, seating and open grass spaces in response to concerns raised in regard to a lack of consolidated area of open space. Affordable house types, located at the eastern edge of the site, have been changed to a different footprint proportion. This allows space for a terrace of 5 units to rotate and face onto the existing play area, providing activity and passive surveillance onto this space. The space behind this terrace integrates into the Bamff View footpath link zone to become one larger, consolidated area of open space. As such the proposal complies with NPF4 Policy 21 and LDP2 Policy 14B. Residential Amenity 70 Residential amenity requires to be considered under NPF4 Policy 14 and LDP2 Policies 1 and 17. Privacy, Daylight and Overshadowing 71 The location of the proposed dwellinghouses relevant to existing residential properties is such that there will be no loss of privacy or loss of daylight or overshadowing. Similarly, the new properties are adequately spaced out to prevent any impact on amenity in terms of loss of privacy, daylight or overshadowing. The proposal is therefore considered to comply with NPF4 Policy 14 and LDP2 Policy 17. Noise 72 The applicant has submitted a Noise Impact Assessment (NIA) with this application due to the proximity of the proposed development to the A926 public road. Environmental Health colleagues were consulted and advised the following:
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73 The NIA considers two scenarios: road noise with the current 60mph speed limit and road noise with a 40mph limit. This has been undertaken as currently the 40mph limit starts after the proposed development and at this time, it has not been confirmed whether the 40mph limit will be extended to include this development. 74 All the proposed properties have been included in the assessment both internally and externally. Ground floor facades were used to represent daytime living room internal levels, with ground and first floor facades used to represent night-time bedroom levels. A 15dB reduction has been used for partially opened windows. 75 Table 4-1 present the magnitude of impact in external amenity areas (60mph limit), with Table 4-2 giving the impact in external amenity areas with the reduced speed limit of 40mph. At 60mph, Plot 1 is predicted to be the worst affected with levels of 58.8dB LAeq,16h, with the 40mph limit extended, the worse affected external amenity area is at Plot 9, with predicted levels coming in at 57dB LAeq,16h. 76 These levels are above the upper target level of 55dB LAeq,16h and as such mitigation is required. 77 Section 4.2 of the NIA presents results for both daytime and night-time internal levels assessed with windows open. Daytime predictions show 21 of the proposed properties exceeding the 35dB LAeq,16h criteria, with the 60mph road limit and 16 properties exceeding the limit with a 40mph speed limit in place. During the night-time period, 14 properties exceed the limit with the current speed limit and 11 properties with the reduced speed limit and as such mitigation is required. 78 Section 5 of the NIA outlines the possible mitigation options and concludes that acoustic barriers and glazing with trickle ventilation is required. Whilst not desirable, this Service will accept windows closed as mitigation for road noise, in accordance with PAN1/2011, where other means of mitigation is not available/practicable. Acoustic Barriers 79 Barriers with a minimum surface density of 12kg/m2 as described in Sec 5.1.1 are required for external amenity areas and vary dependant on the road speed limit. If the speed limit is to remain as 60mph, barriers as shown in Drawing No 781260-GIS004 are required. If the road speed limit is to be reduced to 40mph, barriers as shown in Drawing No 781260-GIS005 are required. With barriers in place, all external garden levels will meet the upper target of 55dB. Glazing/Trickle Ventilation 80 With windows open 5 of the proposed plots are predicted to exceed the acceptable level of 35dB LAeq,16h with windows open (60mph speed limit), whilst 4 plots exceed the limit if the 40mph speed limit is extended. 11 of the
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proposed plots are predicted to exceed the limit of 30dB LAeq,8h with both the 60mph and 40mph speed limits (windows open). 81 Sec 5.1.2 states that standard glazing specification required for the development is 4-20-4mm, with a sound reduction of Rw(C; Ctr) = 32(-1; -4). The standard trickle ventilator specification is a Titon Trimvent Select Xtra S13, 4400EA version, with a sound reduction of Dn,e,w(C,Ctr) = 32(0,1). 82 If the speed limit is to remain as 60mph, enhanced glazing with enhanced trickle ventilators is required at Plots 1, 2, 3, 6, 7 and 8 (as shown in Table 5-2). If the 40mph speed limit is to be extended, enhanced glazing with enhanced ventilators is required at Plots 6 and 7 (as shown in Table 5-3). 83 From the plans submitted, there is no indication of air/ground source heat pumps (ASHP/GSHP) being proposed for this development. Should this change, the applicant should ensure that these are adequately sited and meet current standards. 84 Subject to conditional control, the proposal complies with NPF4 Policy 14 and LDP2 Policy 56. Air Quality 85 An Air Quality Screening Assessment (AQSA) was submitted and reviewed by colleagues in Environmental Health which has been submitted to determine whether a full Air Quality Assessment (ASA) is required for the development. 86 The AQSA has been undertaken in line with guidance document Environmental Protection UK & Institute of Air Quality Management 2017 -Land -use Planning & Development Control: Planning for Air Quality guidance and Perth and Kinross Councils Statutory AQ Supplementary Guidance 2020 Document. 87 Data has been obtained from the applicants Traffic Assessment which states that the development will generate a total increase of 286 Light-Duty Vehicles (LDV) and 2 Heavy-Duty Vehicles (HDV) trips per day. 88 The site does not lie within an Air Quality Management Area (AQMA), with the closest being approximately 25km Southwest of the development. 89 Given the increase in traffic movements and that there are no proposed junction alterations, realignment of roads, changes to bus stops or additions of new bus stops, or combustion equipment associated with the proposed development, the development does not meet the criteria for a full AQA to be undertaken. 90 As such the proposal complies with NPF4 Policy 14 and LDP2 Policy 57.
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Construction 91 A Construction Environmental Management Plan (CEMP) has been submitted with the application and reviewed by colleagues in Environmental Health. It states that the hours of working will be Monday – Friday 0700 – 1900 and 0800 - 1300 Saturday, which is in line with this Service’s guideline hours. Noise and vibration controls are listed on pages 23-24, with air quality and dust management controls listed on pages 25-26. 92 Therefore, subject to conditions and an informative, Environmental Health do not object to the proposal. Condition 29 will ensure that the CEMP remains a fluid document. Contamination 93 Colleagues in Environmental Health were consulted and advised that a search of the historical mapping has not identified any potential sources of contamination likely to impact upon the proposed development site and there is no further information held by the Authority to indicate that the application area has been affected by contamination. However, it shall be the responsibility of the applicant to satisfy themselves that the ground conditions are suitable for the development for which is proposed. 94 As such the proposal complies with NPF4 Policy 9: Brownfield, vacant and derelict land and empty buildings and LDP2 Policy 58: Contaminated Land. Roads and Access 95 NPF4 Policy 13: Sustainable Transport seeks to encourage developments that prioritise sustainable travel while LDP2 Policy 60 Transport Standards and Accessibility Requirements requires consideration of transport and accessibility. A supporting Transport Statement has been assessed by the Council’s Transport Planning team, who do not object with the scale of development and parking requirements considered adequate. 96 The vehicle access proposed is off Cairns Park which is tying into the existing public road network and will utilise an existing junction onto the public road network. Junction visibility at this junction must be formed in accordance with the Transport Statement. This can be secured by condition 12. 97 The Transport Statement proposes a shared footpath/cycle path link, facilitating a connection to Bamff View. This will make access to the existing core path on New Alyth Road more direct and reduce the walk distance between the site and Alyth Primary School. No detailed specification has been provided for this pedestrian link, however the link is proposed to be adopted by PKC. A condition is recommended to secure a detailed specification, tying into the footway on Bamff View, to be constructed prior to occupation of the tenth dwellinghouse. The link should be designed to accommodate both pedestrians and cyclists and the applicant should refer to the appropriate design guidance. Condition 26 relates.
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98 The Transport Statement proposes upgrades to the local westbound bus stop on the A923 to promote public transport and travel to school and to support the additional demand from the development. The upgrades shall include the installation of real time passenger information display, lighting, and associated electric supply. The applicant should consult with the public transport unit on the specification of such. This can be secured by condition (condition 10 relates). 99 The transport statement proposes that a Residential Travel Plan will be provided to residents on first occupation to encourage and advise of the active and sustainable links in the vicinity of the site and encourage a change in travel behaviour. The final contents of the travel plan should be approved by the Planning Authority prior to dissemination. This can be secured by condition (condition 11 relates). 100 Therefore, subject to the conditions specified above and a further condition to manage construction traffic activity through a Construction Traffic Management Plan (condition 9), the proposal meets the terms of the PPP, NPF4 Policy 13: Sustainable Transport and LDP2 Policy 60: Transport Standards and Accessibility Requirements. Drainage and Flooding 101 A site-specific developer requirement for this site is for the submission of a Flood Risk Assessment (FRA). Throughout the pre-application enquiry process it was concluded through discussion with PKC Strategy and Policy and Flood Teams that the SEPA maps show no risk of flooding to the site and the Alyth flood study does not include this site area. PKC Flood Team have no knowledge/records of any historical flooding issues at this location; therefore, an FRA is not considered to be required. 102 PKC Strategy and Policy investigated the site-specific developer requirement in more detail and their findings were that there was no discussion on flooding at either examination for LDP1 or LDP2. Nor was flooding identified as an issue in the original site assessment for LDP1 but there was still a requirement for an FRA identified in LDP2 which it is assumed to have just been carried forward to LDP2. 103 As such we have taken the requirement for an FRA to be an error with only surface water to be considered by PKC Flood Team. 104 A SUDs facility is proposed to be located at the southern side of the site. PKC Flood Team have been consulted on this application and following the submission of further information, have no objections subject to conditions. 105 Overall, the proposal is compliant with NPF4 Policy 22 and LDP2 Policy 52 and 53.
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Waste Collection 106 The Council’s Community Waste Advisers have been consulted and have provided information on what provision should be made for waste and recycling and access requirements for refuse vehicles. The dwellings will receive the 4-bin system. An informative note is recommended regarding waste collection and will be attached to the permission. In terms of vehicular access and turning requirements, this has been reviewed Transportation and Development colleagues and found to be acceptable. Conservation Considerations 107 The site does not lie within or within close proximity of a conservation area. Furthermore, the proposed development does not raise any concerns in respect to any significant impact on any listed building. As such the proposal complies with NPF4 Policy 7 and LDP2 Policies 27 and 28. Natural Heritage and Biodiversity 108 The Council will seek to protect and enhance all wildlife and habitats, whether formally designated or not, considering natural processes in the area. Planning permission will not be granted for development likely to have an adverse effect on protected species unless clear evidence can be provided that the ecological impacts can be satisfactorily mitigated. 109 The Council’s Biodiversity Officer has reviewed the submitted Preliminary Ecological Appraisal and Biodiversity Enhancement Strategy and in so far as biodiversity is concerned, has no objections subject to condition (condition 16). The proposed development, therefore, complies with Policy 41 of LDP2 and Policy 3 of NPF4. Archaeology 110 The proposed development site lies in an area that is considered to have moderate archaeological potential. The location of the development lies to the southwest of a prehistoric archaeological site known as ring ditch (MPK4916) that has been identified by aerial photographic survey near New Alyth. The ring ditch pay present the remains of settlement or burial activities and a Bronze Age Short Cist burial (MPK4884) is also known to the west. 111 In light of the above there is potential for unknown buried archaeological remains to exist on the site which may be impacted on by the development. As such, PKHT recommend that a programme of archaeological works be put in place and subsequently have recommended a condition be attached to any consent (condition 27). 112 Subject to condition, the proposal accords with Policy 7 Historic Assets and Places of NPF4 and LDP2 Policy 26B.
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Sustainability 113 LDP2 Policy 32 requires proposals for new buildings to demonstrate that at least 10% of the current carbon reduction emissions will be met though the installation and operation of zero and low-carbon generating technology. As this proposal includes the erection of new buildings, consideration must be given to this requirement. Further, NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ requires that development should be designed to reduce green gas emissions. The specific requirements of Policy 32 have not been formally addressed in terms of the 10% requirement for the deployment of Low and Zero Carbon Generating Technology in New Development (LZCGT). As required under Policy 32 the applicant will need to demonstrate compliance in terms of what LZCGTs will be deployed. As such a condition shall be imposed to ensure this requirement is met. Condition 28 relates. Statement of Community Benefit 114 NPF4 Policy 16 requires development proposals that include 50 or more homes, and smaller developments if required by local policy or guidance, should be accompanied by a Statement of Community Benefit. The Applicant has submitted a Statement of Community Benefit which concludes that the proposed development will have a positive benefit on the local community. It will provide a broad range of new homes of varying sizes and tenures. It will be accompanied by areas of open space and will provide a commuted sum for enhancements to the existing play park and in addition to this it will provide an upgraded bus shelter and will increase consumer spending for local business and services all to the benefit of the community. The proposed development, therefore, is in compliance with NPF4 Policy 16. Local Living and 20 Minute Neighbourhoods 115 NPF4 Policy 15 requires that development proposals contribute to local living where the majority of people can meet their daily needs within reasonable distance of their home. The proposed development is located within an allocated site, within an existing residential area and is easily accessible by sustainable modes of transport including public transport, walking, wheeling and cycling networks. The development of the site would provide private homes in a location which is served by local shops, schools, parks and open space within easy walking and wheeling distance and is therefore considered to meet the requirements of Policy 15 of NPF4. Developer Contributions 116 LDP2 Policy 5 – Infrastructure Contributions requires consideration of the individual or cumulative impact of new development on infrastructure and facilities and to secure contributions to address this impact where the development exacerbates impacts or generates additional need.
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Education Provision 117 The Council Developer Contributions Supplementary Guidance requires a financial contribution towards increased primary school capacity in areas where a primary school capacity constraint has been identified. A capacity constraint is defined as where a primary school is operating at over 80% and is likely to be operating following completion of the proposed development, extant planning permissions and Local Development Plan allocations, at or above 100% of total capacity. 118 This proposal is within the catchment of Alyth Primary School. Education & Children’s Services have no capacity concerns in this catchment area at this time. Affordable Housing 119 The Council’s Affordable Housing Policy requires that 25% of the total number of houses, above a threshold of 5 units, for which planning consent is being sought is to be in the form of affordable housing. 120 52no units are proposed, resulting in a requirement for 13no Affordable Homes. The proposed site plan shows 13no “Affordable” tenure plots (plot numbers 40- 52). The proposal therefore complies. Economic Impact 121 During the construction period, jobs will be created and sustained, supporting in-direct employment and revenue that this volume of construction activity will generate from employees spending on local goods and services. Longer term, additional residents to the area will also support existing local employment and services in the area. Variation of Application Under Section 32A 122 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. 123 The variations incorporate changes to: • Plot 1 western plot boundary: 1.8M high fence has been omitted partially and replaced with low level hedging/post and wire fence to provide a more positive public face when viewed from the main road. • Plot 3: the driveway has been relocated to the side of the house with the garage entrance also relocated accordingly, and the side elevation adjusted to form a hipped roof. The front elevation will have 2 no. windows added to the garage to avoid a blank wall on the front. • Plot 8 – a screen fence has been added to the rear to screen the back garden and the amenity area at the driveway/road junction updated accordingly.
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• Plot 35 – house type rotated and open space adjusted to suit. • Plot 38 – house type switched to a type 351 with no sunroom to provide a better relationship to plot 40. • Plots 24/25 – separation distance corrected to 18m. • Affordable area: o Affordable house types have been changed to a different footprint proportion. This allows space for a terrace of 5 units to rotate and face onto the play area, providing activity and passive surveillance onto this space. Remaining space behind this terrace integrates into the Bamff View footpath link zone to become one larger, consolidated area of open space. o Plots 40-47 also utilise new affordable house types. These types allow more gable driveways, the majority in-curtilage. o Other parking spaces are provided on the north side of the road, so parking for the affordable units is at 200%, in accordance with NRDG standards. o All garden sizes are compliant (garden size drawing will be updated for formal submission). o All revised units have minimum 18m window to window distances. Planning Obligations and Legal Agreements 124 A Section 75 Legal Agreement or upfront payment is required before the decision notice can be released to secure the money as requested by Community Greenspace. The money required is a commuted sum of £56,680.00 for the adoption of any non-priority Public Open Space. A financial contribution of £42,994.88 towards the ongoing maintenance and future upgrade of the nearby Cairns Park Play Area is also required. Direction By Scottish Ministers 125 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application. Conclusion and Reasons for Recommendation 126 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly the proposal is recommended for approval subject to the following conditions.
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Recommendation Approve subject to the following conditions: Conditions and Reasons for Recommendation General 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. Phasing 2. No development shall commence until a detailed phasing strategy (supported by appropriate plans) shall be submitted to and approved in writing by the Council as Planning Authority. The phasing strategy shall include the following details: i. The timing and number of dwellings to be developed in each phase; ii. The timing and delivery of infrastructure, open space and landscaping; iii. The timing and location of any temporary construction compound. Once approved, the development shall proceed in accordance with the approved delivery phasing strategy. Reason: In order to ensure the satisfactory implementation and completion of the development. Drainage 3. Development shall not commence on site until a detailed sustainable urban drainage system (SUDS) has been submitted for the written agreement of the Council as Planning Authority, in consultation with SEPA where necessary. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council's Flood Risk and Flood Risk Assessments Developer Guidance, and shall incorporate source control. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason - To ensure the provision of effective drainage for the site. 4. Concurrent with the initiation of the development hereby approved and for the duration of construction, a temporary surface water treatment facility which accords with Sustainable Urban Drainage System principles shall be implemented for the site and maintained for the duration of the approved
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development works. The temporary surface water treatment facility shall remain in place until the permanent surface water drainage scheme is implemented. Reason - To ensure the appropriate management of construction surface water run-off to minimise flooding and avoid discharge of sediment/pollution to the local water environment or neighbouring property, in the interests of residential and environmental amenity. Residential Amenity 5. Acoustics barriers as described in Section 5.1.1 and shown in Drawing Nos 781260-GIS004 and 781260-GIS005, in the Noise Impact Assessment undertaken by EnviroCentre Ltd, reference: 14916, dated 27 January 2025 (document 38 hereby approved), shall be installed prior to the occupation of each relevant residential unit to ensure a satisfactory level of residential amenity can be achieved. Reason - In order to safeguard the residential amenity of the area. 6. Glazing and Trickle ventilators as described in Sections 5.1.2 and Tables 5-2 and 5-3 of the Noise Impact Assessment undertaken by EnviroCentre Ltd, reference: 14916, dated 27 January 2025 (document 38 hereby approved) shall be installed prior to the occupation of each relevant residential unit to ensure a satisfactory level of residential amenity can be achieved. Reason - In order to safeguard the residential amenity of the area. 7. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at any time on Sundays or bank holidays (as identified by Scottish Government). Reason - In order to safeguard the residential amenity of the area. Roads and Access 8. Prior to the occupation of any residential plot, all matters regarding access, car parking, road layout, design and specification, including the disposal of surface water, shall be in accordance with the standards required by the Council as Planning Authority in consultation with the Roads Authority. Reason - In the interests of vehicle and pedestrian safety and in accordance with the policies of the adopted development plan. 9. 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:
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a. restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; b. timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; c. a code of conduct for HGV drivers to allow for queuing traffic to pass; d. arrangements for liaison with the Roads Authority regarding winter maintenance; e. emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; f. arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; g. arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; h. arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; i. details of information signs to inform other road users of construction traffic; j. arrangements to ensure that access for emergency service vehicles are not impeded; k. co-ordination with other significant developments known to use roads affected by construction traffic; l. traffic arrangements in the immediate vicinity of temporary construction compounds; 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. 10. Prior to occupation of the first dwellinghouse, the local westbound bus stop in New Alyth is to be upgraded in accordance with the Transport Statement to the specification of the Public Transport Unit. The upgrade shall include an upgrade to a 4-bay enclosed shelter, supplied with an electricity supply for lighting, and the installation of a real time information screen. Reason - In the interest of supporting public transport access. 11. No part of the development shall be occupied until a Residential Travel Plan, aimed to encourage more sustainable means of travel, has been submitted and approved in writing by the Council. The RTP will have particular regard to provision for walking, cycling and public transport access to and within the site.
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Reason - To promote sustainable transport options and to meet advice within National Planning Framework on transport. 12. Prior to the commencement of the development hereby approved, full visibility splays of 160 metres along the channel line shall be provided and maintained to the right of the A926 junction, at a set-back of 2.4 metres to the standard and specification required by the Council as Planning Authority in consultation with the Roads Authority. The visibility splays shall be physically formed on the ground and any existing fences, walls, hedges or other means of enclosure or obstructions within the splays shall be removed and relocated outwith the splays. Once formed, the visibility splays shall be permanently retained thereafter, and no visual obstruction of any kind shall be permitted within the visibility splays so formed. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 13. Prior to the occupation of any residential plot, details of the specification including materials of all footpaths shall be submitted to the Planning Authority for further approval. The agreed detail shall thereafter be implemented prior to the completion of the development. Reason - In the interests of pedestrian and cycle safety. 14. Prior to the occupation of the tenth dwellinghouse, the proposed footpath connection to the east of Plot 23, linking to Bamff View and shown on document 47 hereby approved, shall be fully implemented in accordance with the specification approved under Condition 26. Reason - In the interest of sustainable transport. 15. No part of the development shall be occupied until a continuous footway is provided around the development site to facilitate access for all abilities. Reason: In the interest of road safety; in the interest of inclusive mobility. Biodiversity 16. The conclusions and recommended action points within the supporting Preliminary Ecological Appraisal and Biodiversity Enhancement Strategy submitted and hereby approved (document numbers 72 and 73 relate) 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. 17. 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
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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. 18. Prior to the completion or occupation of the development hereby approved, all biodiversity enhancement measures listed within the submitted and hereby approved Biodiversity Enhancement Strategy (drawing number 73) and Site Landscape Layout (drawing numbers 50-53 inclusive) shall be provided. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity 19. The swift and bat boxes as shown on plan 25/00510/50, 25/00510/51, 25/00510/52 and 25/00510/53 hereby approved 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. 20. 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. Trees and Landscape 21. Prior to the commencement of any works on site, all trees on site (other than those marked for felling on the approved plans) and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the duration of construction. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 22. All trees on site, other than those marked for felling on the approved plans, shall be retained.
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Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 23. Prior to the occupation of the development or any phase of the development, whichever is the sooner, a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas (other than small privately-owned domestic gardens) shall be submitted to and agreed in writing by the Council as Planning Authority, for its approved use. The landscape management plan as agreed shall, where appropriate, include phased implementation concurrent with the development and shall be fully implemented. Reason - To ensure satisfactory management of the scheme. 24. Prior to the commencement of the development hereby approved, an updated 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 enhanced boundary treatment along the southern boundary, particularly adjacent to the SUDS area and 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. 25. 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. Footpath Connection 26. Prior to the commencement of works on the proposed footpath connection to the east of Plot 23, linking to Bamff View (adjacent to tree T4411), detailed construction specifications shall be submitted to and approved in writing by the Planning Authority. The specification shall:
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• Incorporate a low-invasive surfacing solution within the root protection area, as identified in the Arbor Raft Plan, using a cellular confinement system or equivalent method to safeguard tree roots. • Demonstrate compliance with the recommendations of the approved tree report and BS 5837:2012 (Trees in Relation to Design, Demolition and Construction). • Include proposals for the future maintenance and adoption of the footpath, with confirmation of agreement from the relevant authority or body. • A detailed design for a 3-metre wide shared active travel route The approved specification shall be implemented in full prior to the completion of the footpath and subsequent occupation of the tenth dwellinghouse as required by condition 14 and maintained thereafter in accordance with the agreed arrangements. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. Archaeology 27. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) which has been submitted by the developer and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress. Reason - To ensure archaeological monitoring is carried out to safeguard and record any archaeological remains within the development area. Environmental Impact 28. Prior to the commencement of development hereby approved, a scheme shall be submitted to, and approved in writing by, the Council as Planning Authority that demonstrates how at least 10% of the current carbon emissions reduction set by the Scottish Buildings Standards will be met through the installation and operation of low and zero-carbon technologies. This scheme shall detail for each building:
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a) the technology types; b) illustrate, through technical calculations, that these will meet at least the 10% reduction; c) their siting and location; and d) ongoing operation and maintenance. Once approved, the development shall be completed in accordance with the approved scheme and no individual unit shall be occupied until the scheme has been installed and operating. Reason - To embed low and zero-carbon technologies within the development in the interest of environmental sustainability. 29. The measures outlined in the agreed CEMP (document 36 hereby approved) shall be adhered to at all times during the construction period. The CEMP will remain a live document, any working practices deemed to be having an adverse impact on ecology or the environment will be the subject of revision. All revisions must be submitted to the Planning Authority as soon as reasonably practicable. Thereafter the development shall be fully undertaken in accordance with the agreed CEMP. Reason: In the interests of protecting environmental quality and of biodiversity. Access for Maintenance 30 During the construction period, the Council shall be provided with full access to the adjacent Cairns Park Play Area to undertake any maintenance as required. Reason - To ensure that access to Cairns Park is not compromised during the construction period. 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 failing to comply with the associated developer contributions policy and may be ultimately recommended for refusal under delegated powers
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Informatives 1. Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the planning authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. Please use the form attached herewith. 3. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: • Displayed in a prominent place at or in the vicinity of the site of the development • Readily visible to the public • Printed on durable material. 4. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 5. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created 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 they must obtain from the Council as Roads Authority Road Construction
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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 Environmental 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 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 Environmental Protection Agency. 10. No work shall be commenced until an application for building warrant has been submitted and approved. 11. The applicant is advised that the granting of planning permission does not guarantee a connection to Scottish Water's assets. The applicant must make a separate application to Scottish Water Planning & Development Services team for permission to connect to the public wastewater system and/or water network and all their requirements must be fully adhered to. 12. This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the overall design and layout. 13. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 14. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 15. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot. Failure to obtain a licence may
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constitute a criminal act under the Habitats Regulations and penalties are sever for non-compliance. 16. 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. 17. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 18. The planning permission decision notice shall not be issued until such time as the required Developer Contributions have been secured or paid in full. 19. 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. Background Papers Letters of representation 7 Authors Name Designation Contact Details Gillian Peebles Planning Officer (Majors) 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 21 November 2025