25/00793/Fll
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. 25/339) Proposal: Change of use from office to children's play/activity centre with ancillary event, retail and catering uses and erection of fence Location: Whitehall Chambers, 7 Bank Street, Blairgowrie Ref. No: 25/00793/FLL Ward No: P3- Blairgowrie and Glens Summary This report recommends approval of the application as the proposed development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. Background and Description of Proposal 1 The application is for a change of use of an office to a children's play/activity centre with ancillary event, retail and catering uses and the erection of a fence. 2 The application site is a vacant former solicitors office located at 7 Bank Street. The site has a rear garden area which is accessed from the building. The property has access rights to the rear garden from a pend accessed on George Street (Drawing 07). 3 The applicant, ‘Play Academy (Scotland)’ is a hybrid mix of a play centre and a science centre model of operation, using activities and short form information boards, to guide customers (children and parent/guardian). The mission of the business is to provide interactive and self-directed activities to support children to learn though play (for children age 0-15 years of all abilities). Core business hours will be 09.30 to 17:30 seven days a week and divided into pre-bookable time slots (09:30-11:30; 11:30-13.30; 13.30-15:30; 15.30-17.30). 4 The retail element is outlined in the supporting statement as the sale of children’s developmental toys. Pre-packaged food and drink will be available for customers to purchase including hot, cold drinks and baked goods. Customers will be able
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to bring their own food and drink to Play Academy and a microwave and bottle warming station is to be made available in a dining area. 5 A room is to be available for the community to use to hold meetings and training courses that will be pre-bookable in advance. The main target group for use of this room may include and is not limited to local charities, education and the local authority. 6 A Business Summary (05) and Supporting Statement (06) provides more information on the proposed use. 7 The single storey terraced property is located on the north side of Bank Street next to a car park for customers of the Bank of Scotland. The property is bound by a high stone wall on the north and east side and is relatively open on the west side with overgrown planting. There is a shed in the northwest corner and a tree which is to be retained. A 1.8m high timber fence with a lockable access gate is proposed on the west boundary of the application site. 8 The site is located in the Blairgowrie Conservation Area, and is 50 metres outwith the designated town and neighbourhood centre. 9 Planning permission is not required for the internal alterations to the building (Drawing 10). For information, a Building Warrant was approved on 7 August 2025 for the internal alterations (25/00794/NDOM6). Site History 10 None. Environmental Impact Assessment 11 The proposal is not EIA development. Pre-Application Consultation 12 Pre application Reference: None. 13 The proposed development is not classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore, the applicant was not required to undertake not any formal pre-application consultation with the local community. Development Plan 14 The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance.
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National Planning Framework 4 15 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve people’s lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 16 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 7: Historic Assets and Places • Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 18: Infrastructure First • Policy 21: Play, recreation and sport • Policy 23: Health and Safety • Policy 27: City, Town, Local and Commercial Centres Perth and Kinross Local Development Plan 2019 17 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. 18 The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 17: Residential Areas • Policy 28A: Conservation Areas: New Development • Policy 56: Noise Pollution • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Placemaking (adopted in 2020)
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Other Material Considerations PKC Non-Statutory Guidance 19 Conservation areas National Guidance 20 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 21 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 77 Designing Safer Places Creating Places 2013 22 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 23 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 24 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 25 Local Place Plans are community-led plans setting out proposals for the development and use of land and set out a community’s aspirations for its future development. The application site lies within Blairgowrie and Rattray Local Place Plan (LPP). The LPP raises no issues in respect of the consideration of this application. The applicant’s supporting statement highlights there is no
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permanent play and learn service in the town. It notes that the town is in need of significant development, including play and leisure services, as described in the Blairgowrie and Rattray Local Place Plan 2025-2035. Consultations 26 As part of the planning application process the following bodies were consulted: External 27 Scottish Water - No objection. Internal 28 Environmental Health (Noise Odour) - further information submitted during the application process including a noise management plan. No objection in principle to the application but recommend conditions to protect residential amenity. 29 Community Waste Advisor - Environment Service - Suitable waste provision included on plans. 30 Transportation and Development - No objection following the submission of further information during the planning application process. Condition recommended for bicycle storage provision on site. Representations 31 Eight (8) representations were received objecting to the proposal. The main issues raised within the representations are: • No parking • Road safety • Traffic congestion • Out of character with the area • Use of communal paths to access the Play Academy will negatively impact residential amenity and use of communal and private gardens in the area. • Noise in rear garden area from users of the Play Academy will negatively impact residential amenity 32 The objections, whilst supporting the principle of the proposed Play Academy use for the town, do not however support it in this location. 33 The issues raised are addressed in the Appraisal section of the report.
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Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report not required Appropriate Assessment under Habitats Regulations AA not required Design Statement or Design and Access Statement not required Report on Impact or Potential Impact eg Flood Risk Assessment not required Appraisal 34 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the issues raised in the representations. 35 Section 64(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 is relevant and requires planning authorities to pay special attention to the desirability of preserving or enhancing the character or appearance of the designated conservation area. Principle 36 The application site is a vacant building and its sustainable reuse is supported by NPF4 Policy 9a Brownfield, Vacant and Derelict Land and Empty Buildings. 37 The vacant building is next to the Blairgowrie Town Centre boundary identified in LDP2. 38 NPF4 Policy 27 City, Town, Local and Commercial Centres supports the town centre first approach for uses which generate significant footfall including commercial, leisure, offices, community, sport and cultural facilities, public buildings such as libraries, education and healthcare facilities, and public spaces. 39 NPF4 Policy 27 b) ii) states that proposals will not be supported outwith those centres unless a town centre first assessment demonstrates that: • all centre and edge of centre options have been sequentially assessed and discounted as unsuitable or unavailable;
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• the scale of development cannot reasonably be altered or reduced in scale to allow it to be accommodated in a centre; and • the impacts on existing centres have been thoroughly assessed and there will be no significant adverse effect on the vitality and viability of the centres 40 The proposed use could have up to 200 visitors per day spread out over four two hour sessions. The location of the site is on the edge of the Town Centre in a residential area west of Blairgowrie High Street. It is next to a car park for the Bank of Scotland which fronts the High Street (the Bank of Scotland building is not in the LDP2 Town and Neighbourhood Centre boundary). 41 Supporting statements have been submitted which includes a Business Plan (Sensitive). The Business Plan reports that the applicant undertook some market research on a range of play services across Tayside. It revealed that these venues were on the outskirts of a village or town in remote/semi remote locations, with limited access by bus. The current trend in the Tayside area is warehouse based large facilities often on the outskirts of a town, containing large inflatables and climbing frames and slide, often only accessible by car. There are smaller facilities offering additional activities for creative and sensory play and access to animals, however the there is nothing that resembles anything like this in Blairgowrie. The applicants have spoken with a variety of local people with children, health, education and social services professionals to gain a narrative understanding of potential demand for this type of service. 41 Play Academy is a service provision for children and adults to attend to engage with play equipment activities set up for them in advance in small rooms. It will offer access to an outdoor garden space. Again, this is not typical for a play service in a town setting. This will enable children to access outdoor and indoor play and learn experiences. An Occupational Therapist will be available to all customers for general advice and support about child development and resources as required. This would therefore align with the support established through NPF4 policy 21 of Play, recreation and sport which encourages proposals which will be occupied or used by children where the scale and nature of the development is proportionate to the area. 42 The location of the application site close (Approximately 50 metres) to the Town Centre means it is accessible to other shops and services offering opportunities for linked trips. Also, public car parks, on street parking and public transport routes are all within walking distance of the site given the edge of Town Centre location. 43 The proposal will bring a vacant building back into use and the footfall generated from the use is likely to have a positive effect on the vitality and viability of Blairgowrie Town Centre. The proposal satisfies NPF4 Policy 27b City, Town, Local and Commercial Centres.
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Design and Layout 44 The single storey terraced property is located on the north side of Bank Street next to a car park for customers of the Bank of Scotland. The property is bound by a high stonewall on the north and east side and is relatively open on the west side with overgrown planting. There is a shed in the northwest corner and a tree on the north boundary which is to be retained. 45 A 1.8m high timber fence with a lockable access gate is proposed on the west boundary of the application site. This is in keeping with the domestic gardens to the west of the site. 46 Planning permission is not required for the internal alterations (Drawing 10). For information, a Building Warrant was approved on 7 August 2025 for the internal alterations (25/00794/NDOM6). 47 The proposal satisfies NPF4 Policy 14 Design Quality and Place and LDP2 Policy 1 Placemaking. Residential Amenity 48 The application site is in an area of ‘white land’ characterised by residential properties on the edge of Blairgowrie Town and Neighbourhood. Centre. 49 LDP2 Policy 17 Residential Areas supports proposals for improvements to community and educational facilities which are compatible with the amenity and character of the area. NPF4 Policy 23e Health and Safety and LDP2 Policy 56 Noise Pollution do not support proposals that are likely to raise unacceptable noise issues. 50 To the west of the application site’s garden area, is an area of communal garden ground for the residential properties on Bank Street and George Street. There is a gated pend from Bank Street and George Street providing access to the rear gardens. 51 The use of the access through the communal garden ground was an issue raised in the representations. The representations highlighted that the route would be used to access the applications site’s garden ground which would be an intrusion on the privacy and peace of residents. 52 During the application process the applicant advised that the incorrect route had been presented in Drawing 02 and an amended location plan Drawing 07 was submitted to highlight the route in blue which is for emergency use only. 53 The applicant states they have a right of access via a pend on George Street to access the rear garden. This is to be used as an emergency escape route only and will not be utilised on a frequent daily basis as part of the day to day running
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of the business. Access to the rear garden is to be from the rear of the building as shown on the plans (Drawing 10). 54 A 1.8m high timber fence and gate is proposed on the west boundary to provide privacy between the neighbouring gardens and the application site. A shed is to remain in the northwest corner and a tree on the north boundary. The garden is enclosed by a high stone wall on the north and east boundaries. 55 Environmental Health (EH) raised concern about noise from the use of the garden area and its potential negative impact on surrounding residents’ enjoyment of their gardens. Further information was submitted by the applicant for review by EH including a Noise Management Plan (08). A condition is recommended to ensure the Noise Management Plan is implemented (Condition 8). 56 A further condition is proposed through discussion with EH and with the agreement of the applicant, to limit the use of the garden space to weekdays only, no use on a Saturday and Sunday (Condition 2). This would allow time for the use to be monitored. The applicant may apply to vary or remove this condition in the future. 57 Other standard conditions are proposed to protect residential amenity including that noise levels are retained at a suitable level and should any complaints arise the applicant shall provide a Noise Impact Assessment for review by EH (Conditions 3-9). 58 The issues raised in the representations have been fully considered and further information has been submitted by the applicant to address them. EH are satisfied with the submitted Noise Management Plan and do not object to the proposed development subject to conditions to protect the residential amenity of nearby properties. 59 The proposal satisfies NPF4 Policy 23e Health and Safety and LDP2 Policy 17 Residential Areas and LDP2 Policy 56 Noise Pollution. Roads and Access 60 There is no vehicle access or car parking for the property. The representations highlighted this and that Bank Street is narrow with narrow pavements. 61 The applicant outlined in a supporting statement that the customers of the facility will be directed to the nearest car parking locations at the rear of the High Street. The applicant has advised that there are two Council operated car parks (The Croft Car Park and Croft Lane Car Park) at the rear of the High Street and a private car park at the rear of Sainsbury’s, operated by Parking Ecosse.
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62 Provision for cycle parking is also available at Croft Lane Car Park. These car parks are approximately 200 metres away from the site. Cycle parking for four cycles is proposed by the applicant in the rear garden (Condition 10). 63 The supporting statement outlined that there have been discussions with the Bank of Scotland about the potential usage of their disabled parking bay, when not in use by their staff or customers. There is no guarantee that this is available. The applicant has advised that there are public on-street disabled car parking facilities on Bank Street and High Street. The applicant has advised that customers will be discouraged from dropping off on-street as this creates a safeguarding issue, in addition to a hazard of blocking the road and children negotiating parked cars. If customers require assistance to visit the premises, the applicant has made a commitment that staff will meet the customers at their car parking space or from the bus stop (nearest bus stop is 60m from the site on High Street and further bus stops on George Street (west)). 64 Transport Planning have reviewed the further information submitted by the applicant during the application process and have no objection to the proposed development. The application site is well-served by all modes of sustainable transport given its location and proximity to the town centre. The proposal satisfies NPF4 Policy 13 Sustainable Transport and LDP2 Policy 60B Transport Standards and Accessibility Requirements: New Development Proposals. Waste Collection 65 Waste storage is proposed in the rear garden area and this meets requirements. The applicant has confirmed that their waste collection will take place from the front door of the property. Local residents have commented that on bin collection days, the footway is reduced in width and on occasions local residents may have to walk on the road to pass waste collection bins. There is no increased width of footway at the front door of the premises, as such the waste collection bins from this development will also impact on the available width of footway. 66 The management of bins on waste collection day is not a planning matter. This is a common issue in urban areas and one that can be managed by the business to ensure that the footway is not obstructed for an extended period. The Noise Management Plan (08) states that bins will be returned to the rear of the building immediately after waste collection. Conservation Considerations 67 The site is in Blairgowrie Conservation Area. As noted in the Business Plan, the building dates back to the 1800s and was a former bank and then a solicitor’s office. 68 The proposal will bring a vacant building back into use and enhance the character and appearance of the conservation area. The proposal therefore
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satisfies NPF4 Policy 7d Historic Assets and Places and LDP2 Policy 28A Conservation Areas. Material Considerations 69 The issues raised in the representations have been considered and addressed in the report above. There are no material considerations to justify refusal of planning permission. Developer Contributions 70 None. Economic Impact 71 The proposal will bring a vacant building on the edge of Blairgowrie Town Centre back into use. Variation of Application Under Section 32A 72 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 location of a right of access highlighted by a blue line on the location plan. Planning Obligations and Legal Agreements 73 None required. Direction By Scottish Ministers 74 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 75 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 Approval subject to the following conditions: Conditions and Reasons for Recommendation 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The hours of operation of the garden area shall be restricted to between 0830 to 1730 hours Monday to Friday only. For the avoidance of doubt, the garden area will be closed to customers Saturday and Sunday. Reason - In order to safeguard the residential amenity of 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. The sound insulation and sound transmission properties of the structure and finishes shall be such that any airborne noise from the operations within the premises does not constitute a statutory noise nuisance as determined by the Local Planning Authority. Reason - In order to safeguard the neighbouring residential amenity in the area. 5. No music, amplified or otherwise, or amplified speech shall be permitted in the garden area at any time. Reason - In order to safeguard the neighbouring residential amenity in the area. 6. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In order to safeguard the neighbouring residential amenity in the area.
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7. Noise from operations on site shall not exceed 55dBLAeg,16hr or LA90,1hr plus 5dB, whichever is greater when measured at any residential property. Reason - In order to safeguard the neighbouring residential amenity in the area. 8. The Noise Management Plan (Document 08) is hereby approved. It includes measures that will be implemented to adequately control and minimise noise from the premises and includes a complaint investigation procedure. The Plan shall be reviewed on a regular basis. It shall also be subject to review following receipt of a justified complaint or at the request of the Council as Planning Authority. The approved Noise Management Plan and any subsequent revisions approved in writing by the Council as Planning Authority shall be fully implemented for the lifetime of the development. Reason - In order to safeguard the neighbouring residential amenity in the area. 9. In the event of a justified noise complaint being received by the Council the operator shall, at its own expense, employ a consultant approved by the Planning Authority to carry out a noise assessment to verify compliance with conditions 3, 4 and 7 above. The assessment will be carried out to an appropriate methodology agreed in writing with the Planning Authority. If the noise assessment shows that the noise levels do not comply with conditions 3, 4 and 7, a scheme of noise mitigation shall be included with the noise assessment, specifying timescales for the implementation of the scheme and shall be submitted to the Planning Authority with 28 days of the assessment. The mitigation scheme shall thereafter be implemented in accordance with the approved scheme and timescales. Reason - In order to safeguard the neighbouring residential amenity in the area. 10. The cycle parking, as approved, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority prior to the development being brought into use. Reason - To encourage active travel and meet advice within National Planning Framework 4 on transport. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None.
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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 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 location of a right of access highlighted by a blue line on the location plan. 4. The applicant can seek guidance on the detailed design and positioning of the cycle storage from Transport Scotland's Cycling by Design 2021 or similar design guide. Background Papers Letters of representation 8 Authors Name Designation Contact Details Claire Myles Planning Officer 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Paul Williamson Team Leader (Local Developments) 20 November 2025