25/00884/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. 25/340) Proposal: Erection of replacement dwellinghouse and associated works Location: Cedar Cottage, Fearnan, Aberfeldy, PH15 2PF Ref. No: 25/00884/FLL Ward No: P4- Highland Summary This report recommends approval of the application as the 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 existing dwelling lies within the settlement boundary of Fearnan. The site occupies a steeply sloping plot and is accessed via a private track leading from the A827, which is shared with three neighbouring properties. To the rear of the cottage, a small retaining wall marks the transition to a steep, mature hillside. There is established hedging along the eastern and western boundaries. 2 In 2005, planning consent (ref: 05/01258/FUL) was granted for a substantial replacement dwelling of contemporary design, comprising 2.5 to 3 storeys. A building warrant was also secured; however, the project was later paused and ultimately abandoned. 3 The proposal is for a replacement a 1 ½ storey dwelling of traditional proportions with contemporary finishes and detailing. The proposal requires a temporary construction access to the north of the dwelling out with the garden curtilage in an area of zoned open space. Site History 4 05/01258/FUL Full Planning Permission approved on 5 August 2005 Demolition of existing house and erection of new house.
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Pre-Application Consultation 5 Pre application Reference: N/A 6 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 7 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 8 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. 9 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 4 Natural Places • Policy 6: Forestry, Woodland and Trees • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 15: Local Living and 20 Minute Neighbourhoods • Policy 16: Quality Homes Perth and Kinross Local Development Plan 2019 10 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. 11 The principal relevant policies are, in summary; • Policy 1A: Placemaking
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• Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 14A: Open Space Retention and Provision: Existing Areas • Policy 17: Residential Areas • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • 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 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 60A: Transport Standards and Accessibility Requirements: Existing Infrastructure • 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) Other Material Considerations PKC Non Statutory Guidance • Planning Guidance - Planning & Biodiversity National Guidance 12 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 13 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements • PAN 67 Housing Quality • PAN 75 Planning for Transport • PAN 77 Designing Safer Places
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National Roads Development Guide 2014 14 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. Consultations 15 As part of the planning application process the following bodies were consulted: External 16 Scottish Water - No objection to proposal. 17 Glenlyon and Loch Tay Community Council - The Community Council object to the proposal for the following reasons; Contrary to LDP2 policies, overly large building for its location unsympathetic to its surroundings, violation of Designated Green Space, access and no consideration of trees and wildlife. Internal 18 Transportation and Development - No objection to proposal, construction traffic management condition required. 19 Development Contributions Officer - No developer contributions required. 20 Environmental Health (Noise Odour) - No objection to proposal advisory regarding stove operation required. 21 Planning Enforcement Officer (Trees) - No objection, tree protection conditions required. 22 Biodiversity - No objection conditions required in relation to protected species. Representations 23 10 representations were received. 8 objections and 2 general comments. The main issues raised within the representations are: • Contrary to development plan • Over development • Excessive height • Loss of sunlight or daylight • Out of character with the area • Over looking • Impact on trees
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• Traffic and access issues • Inappropriate design • Adverse effect on visual amenity • Concerns over temporary access and its location • Impact on protected species • Loss of open space 24 Concerns have been raised that the dwelling should not be used as a holiday let – at this time planning permission would not be required to operate a holiday let however the site falls within the proposed short term let control area so any future proposal would require planning permission and would be fully scrutinised at that time. 25 There has also been a misunderstanding that the ridge of the proposed house will be 6.6m above existing in fact it is 2.3m higher. 26 These issues are addressed in the Appraisal section of the report. Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal AA not required Design Statement or Design and Access Statement submitted Report on Impact or Potential Impact eg Flood Risk Assessment submitted Appraisal 27 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance.
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Principle 28 NPF4 Policy 17 (Rural Homes) aims to cater for new homes in rural areas where they are suitably scaled, sited and designed. 29 LDP2 Policy 17 (Residential Areas) identifies areas of residential uses where new development will only be acceptable where the use proposed is compatible with existing residential uses and will not adversely affect the character or amenity of the existing area. 30 The principle of erecting a replacement dwelling is therefore accepted the detailed consideration are addressed in subsequent sections of the report. 31 The site also partially lies within an area zoned as open space. This area has been included within the site to provide a temporary construction access. The open space zoning covers a wider area characterised by a traditional rigg layout with these areas protected from development. Policy 14A Open Space of LDP2 seeks to protect areas of land which have value to the community for either recreational or amenity purposes. 32 The access is discussed in more detail in the roads and access section however the access could be removed after construction and the land reinstated. This could be controlled by planning condition. There would therefore not be a permanent loss of open space (Condition 3). 33 It is considered that the principle of erecting a replacement dwelling is in accordance with the identified NPF4 and LDP2 policies. Design and Layout 34 Generally, the design and scale of development should respect its surroundings and adhere to Policies 1A and B of LDP2 which relate to placemaking and NPF4 Policy 14 (Design, Quality and Place) which seeks to deliver well designed development. 35 The existing dwelling is single storey and has been partially demolished it is of no particular architectural merit. The proposed replacement dwelling is 1 ½ storey with the upper floor partially contained within the roof space served by roof lights. The dwelling provides four bedrooms. The site is sloping so the design includes a degree of under build which will provide a small lower ground floor storage area accessed externally. The garden to the south will be terraced with the access positioned to the east and parking to the north of the dwelling. 36 The dwelling is 6.7m in height an increase of 2.3m from the existing cottage and sits on the same ground floor level as the existing house. The dwelling has a larger footprint than the existing dwelling at 210sqm and the plot curtilage (excluding the area to the north in the open space) is 1390sqm which means the dwelling occupies 15% of the plot. The development is therefore not considered
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to be an over-development of the site and is consistent with the wider character and proportion of development, due to dwelling sizes within surrounding plots being similar. 37 The architectural form of the house features traditional proportions and form but has contemporary features and finish materials. The use of natural materials, including timber cladding which will weather over time, helps to further embed the house into its landscape context. The standing seam roof is contemporary but the colour finish complements the predominant surrounding use of natural slate. 38 This frontage of the house is to be landscaped, allowing for terraced planting and the use of natural stone retaining walls as defining elements. To the rear of the new dwelling, a gabion retaining wall will be constructed against the existing rockface, creating sufficient space for vehicle access, parking, and turning. 39 It is considered that the proposal positively relates to the surrounding context and although contemporary respects the character of Fearnan which has a mix of different house styles and palette of finish materials. As such, there are no design and layout issues associated with this proposal and it complies with the above NPF4 and LDP2 policies. Residential Amenity 40 There is established hedging along the eastern and western boundaries offers a degree of privacy for adjacent properties and contributes to a well-defined and mature landscape perimeter. 41 The dwelling is angled away from the boundaries with no proposed elevations directly facing the neighbouring properties to the east and west. The windows which face west are the closest to the boundaries but are set back under a 1m roof overhang with the dwelling positioned 8.4m from the boundary this means the windows are set back 9.4m which meets the standards set out within the placemaking supplementary guidance. To the west the windows are also angled and set 9.3m from the boundary. 42 The proposal includes two stoves which will be domestic sized. Stoves have the potential for smoke or odour disamenity. This can be caused due to poor installation and maintenance of the biomass appliances and also inadequate dispersion of emissions due to the inappropriate location and height of a flue with regards to surrounding buildings. In this case both flues will terminate at a suitable height to aid in dispersion of emissions. 43 As a consequence, the amenity of neighbouring properties is considered to be protected in accordance with the content of the relevant polices of LDP2 and NPF4.
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Visual Amenity 44 The application is supported by visualisations which show the house within its setting. The site has a mature landscape framework and the wider context is that it sits on an elevated site with a rising backdrop. Whilst it is noted that the objectors are concerned about the contemporary design and finishes the visuals submitted demonstrate that the house is well screened from the road and due to the recessive colours (as the site is elevated) from wider vantage points the house would blend into the landscape. In this case requiring a more traditional white render finish or tiled/slate roof is not considered necessary. 45 The proposal is therefore considered to comply with Policy 39 Landscape of LDP2 and Policy 4 Natural Places of NPF4. Roads and Access 46 Once constructed, and as existing, the vehicle access to the public road network for the property will be via the existing shared private vehicle access to Cedar Cottage off the A827. The applicant is proposing a temporary access for construction traffic to the rear of the property, utilising the access junction currently allocated to the property ‘Tirnan Og’ (located adjacent to the eastern boundary of the application site) only. 47 The applicant’s agent has confirmed that the existing access cannot be used for construction as it is jointly owned and due to the position of the neighbouring house which physically abuts the access track to the north and has ownership of the adjoining land to the south creates a pinch point which cannot be extended to facilitate construction access. In this case the temporary access is proposed to the north within the area of open space. Additional information has been submitted to Transport Planning in relation to this access and it is accepted that if conditioned for construction only and removed on completion (Condition 3) it could be supported as a temporary solution to allow the build. 48 The dwelling will utilise the existing access and it should be noted that this is a replacement dwelling not an additional dwelling. The access is privately owned and maintained. It is for the owner/s and those who have maintenance responsibilities to maintain the access, this includes ensuring it meets acceptable standards for access etc. 49 A number of objectors have commented about the use of the C449 for deliveries, from the information submitted it is unclear the number and frequency of deliveries that will be need for the development. Due to the project at early stage the applicant has been unable to provide a detailed estimate of the number of the deliveries to the site and as such this information will be conditioned so the applicant can prepare this during their build programme. To help understand the level of usage on the road, further details are required through a traffic management plan. This plan should demonstrate a suitable off road unloading location for construction materials. A condition is recommended (Condition 4).
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50 As such, the current proposal is acceptable in terms of roads and access, according with NPF4 Policy 13: Sustainable transport and LDP2 Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals. Drainage and Flooding 51 The site has existing drainage connections which will be utilised for the development. 52 It is considered that the proposal accords with NPF4 Policy 22 Flood risk and water management and LDP2 Water Environment and Drainage Policies 53B Foul Drainage, 53C Surface Water Drainage, and 53E Water Supply. Natural Heritage and Biodiversity 53 The dwelling has been partially demolished, no permission was required for this and consideration of protected species is the responsibility of the applicant. The site has now been visited by an ecologist and a report submitted. The protected species report noted the presence of bats within the structure including a maternity roost. A licence from Nature Scot will be required and mitigation measures are noted within the report. The report also includes recommendations in relation to the bird breading season. (Condition 2 and 6) 54 The ecologist also revisited the site in relation to concerns raised from the Biodiversity Officer in relation to the trees at the new access point. It must be noted that these trees currently abut the public road which is regularly used by refuse collection vehicles and delivery vans. The ecologist has made recommendations in relation to the trees which will be conditioned (condition 2) 55 Further tree information was submitted in relation to the trees which bound the C449. The temporary access point could impact the root protection area for Oak tree 067, by the soil / root compaction etc, and vehicles potentially impacting the above ground tree parts. 56 The Tree Officer has reviewed the information and requires a Tree Protection Plan showing how they will protect tree 067 and its root protection area with fencing. Also required are details of the materials to be used to form the temporary access track. This can be covered by condition (conditions 7 and 8). Tree works are also required to the two oaks which there is no objection to subject to conditions in relation to how work should be undertaken and when (conditions 5 and 6). 57 The proposal is therefore considered to comply with the Policy 41 of LDP2 and Policy 3 NPF4.
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Low and Zero Carbon Generating Technologies 58 LDP2 Policy 32 ‘Embedding Low and Zero Carbon Generating Technology in New Development’ states that proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. As this proposal includes the erection of a new building, 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. In this instance, passive solar gain will be maximised through orientation and glazing strategy, while a heat pump system will provide efficient space and water heating. A mechanical ventilation and heat recovery (MVHR) system will ensure excellent internal air quality while further reducing heat loss. 59 The proposal therefore complies with the relevant policies. Developer Contributions 60 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. 61 This proposal is a replacement dwelling and furthermore there are no capacity constraints in the area. Variation 0f Application Under Section 32A 62 This application was not varied prior to determination but additional information was submitted to support the proposal. Planning Obligations and Legal Agreements 63 None required. Direction By Scottish Ministers 64 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
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65 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for approval subject to the following conditions. Recommendation Approve the application subject to the following conditions: Conditions and Reasons for Recommendation 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 conclusions and recommended action points within the supporting ecology survey by Direct Ecology dated 27th October 2025 submitted and hereby approved (document 27 relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 3. The temporary construction access track to the north of the site from the C449 and all contractors' temporary site compounds shall be removed and the land reinstated to its former profile and condition no later than 3 months following the final commissioning of the development or by the end of the first available seeding/planting season after the final commissioning of the development, whichever is the later. Reason - In order that the Planning Authority may retain control over the future use of the land which is located within an area of zoned open space 4. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) shall include the following: 1) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used;
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2) 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; 3) arrangements to ensure that access for emergency service vehicles are not impeded; 4) measures to minimise the level of dust, dirt and debris on the local roads; 5) details of the size/type of HGV's dropping materials off at the site to ensure a suitably sized offloading area, shall be provided by the applicant to prevent blocking of the public road network; and 6) details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management 5. All tree work shall be undertaken by a qualified arborist in accordance with BS3998:2010 Recommendations for Tree Work, and best practice as outlined in the Arboriculture and Forestry Advisory Group (AFAG) guidance. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 6. No removal of hedgerows, trees or shrubs or works to, or demolition of, buildings or structures that may be used by breeding birds shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared or building affected, and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 7. Prior to the commencement of the development hereby approved, a Tree Protection Plan showing how tree 067 and its root protection area shall be protected with fencing shall be submitted for the written agreement of the Council as Planning Authority. 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. 8. Prior to the commencement of the development hereby approved, details of the construction type and materials for the temporary access, soil removal and laying of stone shall be submitted for the written agreement of the Council as Planning
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Authority. The details as agreed shall be implemented as part of the development. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 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 required Informatives 1. Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the planning authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. Please use the form attached herewith. 3. No work shall be commenced until an application for building warrant has been submitted and approved. 4. The findings and recommendations contained with the Bat Survey remain valid for a period of 24 months. If the approved planning permission is not implemented within 24 months of the date of the survey it is strongly recommended that an updated Bat Survey is undertaken prior to any works commencing. Failure to do so could potentially leave you open to prosecution should any bats be harmed as a result of the works. Please note that bats are protected by law, and it is a criminal offence to deliberately harm, capture, kill or disturb a bat or its resting place. 5. The approved stove system shall be installed and thereafter operated and maintained in accordance with the manufacturer's recommendations, such that smoke odours are not exhausted into or escape into any neighbouring dwellings. Failure to do so may result in an investigation and possible action by Environmental Health under the Environmental Protection Act 1990.
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Background Papers Letters of representation 10 Authors Name Designation Contact Details Joanne Ferguson Planning Officer 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Paul Williamson Team Leader (Local Developments) 20 November 2025