Agenda Document Pack - Planning and Placemaking Committee - 03/12/2025
Perth and Kinross Council · 3 December 2025
Back to Planning and Placemaking Committee — 3 December 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Ambition | Compassion | Integrity Our vision is for a Perth and Kinross where everyone can live life well, free from poverty and inequality Council Building 2 High Street Perth PH1 5PH 24/11/2025 A hybrid meeting of the Planning and Placemaking Committee will be held in the Council Chambers (Hybrid) on Wednesday, 03 December 2025 at 09:30. If you have any queries please contact Democratic Services on (01738) 475000 or email Committee@pkc.gov.uk. THOMAS GLEN Chief Executive Those attending the meeting are requested to ensure that all notifications are silent on their device and other devices are in silent mode. Please note that the meeting will be broadcast online and recorded. The recording will be publicly available on the Council’s website following the meeting. Members: Councillor Ian Massie (Convener) Councillor Grant Stewart (Vice-Convener) Councillor Keith Allan Councillor Bob Brawn Councillor Dave Cuthbert Councillor Ken Harvey Councillor David Illingworth Councillor Ian James Bailie Claire McLaren Councillor Richard Watters Bailie Mike Williamson Page 1 of 248
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Planning and Placemaking Committee Wednesday, 03 December 2025 Agenda Members are reminded of their obligation to declare any financial or non- financial interest which they may have in any item on this agenda in accordance with the councillors’ code of conduct. 1 WELCOME AND APOLOGIES/SUBSTITUTES 2 DECLARATIONS OF INTEREST 3 MINUTE OF MEETING OF THE PLANNING AND PLACEMAKING COMMITTEE OF 5 NOVEMBER 2025 FOR APPROVAL (copy herewith) 7 - 50 4 DEPUTATIONS 5 APPLICATIONS FOR DETERMINATION 5(1) S36 CONSULTATIONS 5(1)(i) 24/00716/ECU36 - THE PROPOSED BRUNT HILL WIND FARM DEVELOPMENT COMPRISES 13 TURBINES (OF WHICH 7 WIND TURBINES HAVE A GROUND TO BLADE TIP HEIGHT UP TO 200 METRES AND 6 WIND TURBINES HAVE A GROUND TO BLADE TIP HEIGHT UP TO 185M) AND BATTERY ENERGY STORAGE SYSTEM (BESS) (UP TO 50MW) AND ASSOCIATED INFRASTRUCTURE (AS AMENDED) (ECU00004654), LAND 2KM NORTH-WEST OF WESTFIELD COTTAGE, CARNBO, KINROSS, KY13 0NT Report of Handling by Development Management and Building Standards Service Manager (copy herewith 25/337) 51 - 96 5(2) MAJOR APPLICATIONS 5(2)(i) 25/00510/FLM - ERECTION OF 52 DWELLINGHOUSES, FORMATION OF ROADS AND FOOTPATH, SUDS, LANDSCAPING AND ASSOCIATED WORKS, LAND 120 97 - 134 Page 3 of 248
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METRES WEST OF 10 CAIRNS PARK, NEW ALYTH, PH11 8PA Report of Handling by Development Management and Building Standards Service Manager (copy herewith 25/338) 5(3) LOCAL APPLICATIONS 5(3)(i) 25/00793/FLL - CHANGE OF USE FROM OFFICE TO CHILDREN'S PLAY/ACTIVITY CENTRE WITH ANCILLARY EVENT, RETAIL AND CATERING USES AND ERECTION OF FENCE, WHITEHALL CHAMBERS, 7 BANK STREET, BLAIRGOWRIE Report of Handling by Development Management and Building Standards Service Manager (copy herewith 25/339) 135 - 152 5(3)(ii) 25/00884/FLL - ERECTION OF REPLACEMENT DWELLINGHOUSE AND ASSOCIATED WORKS, CEDAR COTTAGE, FEARNAN, ABERFELDY, PH15 2PF Report of Handling by Development Management and Building Standards Service Manager (copy herewith 25/340) 153 - 170 5(3)(iii) 24/00800/FLL - ERECTION OF A DWELLINGHOUSE, LAND 50 METRES SOUTHWEST OF TIGH NA BA, BRIDGE OF CALLY Report of Handling by Development Management and Building Standards Service Manager (copy herewith 25/341) 171 - 194 5(3)(iv) 25/01420/FLL - CHANGE OF USE OF DWELLINGHOUSE TO DWELLINGHOUSE/SHORT TERM LET ACCOMMODATION UNIT, SCHIEHALLION HOUSE, STRATHTUMMEL, ABERFELDY, PH16 5NT Report of Handling by Development Management and Building Standards Service Manager (copy herewith 25/342) 195 - 210 5(3)(v) 25/00928/IPL - RESIDENTIAL DEVELOPMENT (IN PRINCIPLE), LAND 30 METRES NORTH OF STEADINGFIELD, 4 CAROLINE PLACE, WOLFHILL, PERTH, PH2 6TJ Report of Handling by Development Management and Building Standards Service Manager (copy herewith 25/343) 211 - 236 6 PROPOSAL OF APPLICATION NOTICES (POAN) 6(i) 25/00015/PAN - MIXED USE DEVELOPMENT COMPRISING ERECTION OF A HOTEL, RESTAURANTS/DRIVE THRU RESTAURANT, PETROL FILLING STATION, EV CHARGING HUB, FORMATION OF PARK AND RIDE WITH ANCILLARY RETAILING, HGV PARKING, FORMATION OF ACCESS ROAD, LANDSCAPING AND ASSOCIATED ENGINEERING 237 - 248 Page 4 of 248
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WORKS, LAND 680 METRES NORTH OF BERTHA PARK FARM, PERTH, PH1 3EQ Pre-Application Report by Development Management and Building Standards Service Manager (copy herewith 25/344) Page 5 of 248
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Planning and Placemaking Committee Minute of hybrid meeting of the Planning and Placemaking Committee held in the Council Chambers, 2 High Street, Perth, on Wednesday 5 November 2025 at 9.30am. Present: Councillors I Massie, G Stewart, B Brawn, Bailie R Brock (substituting for Councillor D Cuthbert), D Illingworth, I James, I MacPherson (substituting for Councillor K Harvey), Bailie C McLaren, R Watters and Bailie M Williamson. In Attendance: S Merone (Strategic Lead - Economy, Development and Planning); L McLean, C Morilly, K Smith and P Williamson (all Economy, Development and Planning); A Brown, C Elliott, M Pasternak (all Legal and Governance). Apologies: Councillors K Allan, D Cuthbert and K Harvey. Councillor I Massie, Convener, Presiding. 1. Welcome and Apologies The Convener welcomed everyone present to the meeting and noted apologies as above. 2. Declarations of Interest There were no Declarations of Interest made in terms of the Councillors Code of Conduct. 3. Minutes The minute of meeting of the Planning and Placemaking Committee of 8 October 2025 was submitted and approved as a correct record subject to the following update: Under Item 6(iii) the comments of Bailie McLaren be updated as follows: Bailie C McLaren requested that further to the local action plan due consideration be given to the local voice requesting no more housing in Kinross and the lack of appetite for housing on this site. 4. Deputations In terms of Standing Order 13, the Committee agreed to hear deputations in relation to the following planning applications: Planning Application No. Item No. 24/00731/FLM 5(1)(i) 24/01613/FLL 5(2)(i) 24/01962/FLL 5(2)(ii) 25/00866/FLL 5(2)(iii) 3 Page 7 of 248
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5. Applications For Determination (1) Major Applications (i) 24/00731/FLM - Change of use, alterations and extension to stables to form visitor centre comprising café, ticket office and shop, erection of office building and installation of solar array, formation of outdoor play area, vehicular access, parking areas and associated works, Scone Palace, Queen's Drive, Old Scone, Perth, PH2 6BE (Report No. 25/280) Viscount W Stormont, applicant, addressed the Committee and answered members questions. Motion (Councillors I Massie and G Stewart) Grant, subject to the following terms, conditions and informatives, including amendments circulated to members prior to the meeting: Conditions General 1. This planning permission will last only for five years from the date of this decision notice unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 1B. No development shall commence until a Phasing Plan has been submitted to and approved in writing by the planning authority. The development shall thereafter be carried out in accordance with the approved Phasing Plan. Thereafter conditions requiring details to be approved in relation to a phase shall be submitted and clearly identify the phase to which they relate and accordance with the approved Phasing Plan. Reason - To ensure the coordinated and timely delivery of the various components of the development Roads and Access 2. Prior to commencement of development, a detailed directional signage strategy shall be submitted to and approved in writing by the Planning Authority, in consultation with the Roads Authority (Traffic). The strategy shall be implemented in accordance with the agreed detail prior to first use of the car park or visitor centre hereby approved. Reason - In the interest of efficient traffic flows. 3. Prior to commencement of development in line with the approved phasing plan a detailed design for the pedestrian entrance on Stormontfield tying in with the Page 8 of 248
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footway on the eastern boundary of Stormontfield Road, shall be submitted to the Roads Authority for approval. The scheme, as agreed in writing, shall be implemented in line with the approved phasing plan to the satisfaction of the Planning Authority. Reason - In the interest of sustainable transport. 4. Prior to commencement of development, a strategic travel plan shall be submitted to the Council as Planning Authority for approval by the Roads Authority. The strategic travel plan will set out where individual phases require a more detailed travel plan. All travel plans will have regard to provision of walking, cycling and public transport access to and/or within the site and will identify the measures to be provided, any phasing, the system of management, monitoring, review, reporting, and the duration of the plan. Each travel plan as agreed shall be fully implemented in line with the approved Phasing Plan to the satisfaction of the Council as Planning Authority. Reason - In the interest of enabling sustainable and multi- modal travel options. 5. Prior to commencement of development, in line with the approved phasing plan, a detailed design and specification for secure, covered cycle parking, in accordance with the standards outlined in the National Roads Development Guide, shall be submitted for approval by the Planning Authority, in consultation with the Roads Authority. The specification should be guided by Cycling by Design. The cycle parking, as approved, shall be completed and available for use in association with the phase of development to which it relates. Reason - In the interest of enabling sustainable travel options. 5B. In line with the approved phasing plan, a detailed design for the pedestrian entrance from Stormontfield tying in with the footway on the eastern boundary of Stormontfield Road, shall be submitted to the Planning Authority for prior written approval. The scheme, as agreed in writing, shall be completed and available for use in line with the approved Phasing Plan to the satisfaction of the Planning Authority. Reason - In the interest of sustainable transport. 6. Prior to the commencement of the development within each phase in the approved Phasing Plan, the applicant shall submit for the further written approval of the Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Plan (CTMP) for that phase which shall include the following: (a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; Page 9 of 248
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(b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; (c) a code of conduct for HGV drivers to allow for queuing traffic to pass; (d) arrangements for liaison with the Roads Authority regarding winter maintenance; (e) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; (f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; (g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; (h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; (i) details of information signs to inform other road users of construction traffic; (j) arrangements to ensure that access for emergency service vehicles are not impeded; (k) co-ordination with other significant developments known to use roads affected by construction traffic; (l) traffic arrangements in the immediate vicinity of temporary construction compounds; (m) monitoring, reporting and implementation arrangements; (n) arrangements for dealing with non-compliance; and (o) details of HGV movements to and from the site. The CTMP as approved for each phase shall be strictly adhered to during the entire site construction programme. Reason - In the interests of road safety. Archaeology 7. Development shall not commence within a phase until the developer has secured the implementation of a programme of archaeological work for that phase in accordance with a written scheme of archaeological investigation which has been submitted by the applicant and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust. Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. In addition, the developer shall afford access Page 10 of 248
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at all reasonable times to Perth and Kinross Heritage Trust or a nominated representative and shall allow them to observe work in progress. Reason - To ensure archaeological monitoring is carried out to safeguard and record any archaeological remains within the development area. Contamination 8. Prior to the commencement of works on site, in each phase, an evaluation for the potential of that area to be affected by contamination by a previous use should be undertaken and as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) will be submitted for consideration by the Council as Planning Authority. If after the preliminary risk assessment identifies the need for further assessment, an intrusive investigation should be undertaken to identify; I. the nature, extent and type(s) of contamination on the site II. measures to treat/remove contamination to ensure the site is fit for the use proposed III. measures to deal with contamination during construction works IV. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development within each phase, the agreed measures to decontaminate the site shall be fully implemented on a phase-by-phase basis, as approved by the Council as Planning Authority and validation that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason - In order to deal with any potential contamination of the site as a result of its former uses. Residential Amenity 9. All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In the interests of residential amenity. 10. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In the interests of residential amenity. 11. Within 2 months of receipt of a written request by the Council as Planning Authority, following a substantiated complaint from a sensitive property, the Page 11 of 248
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operator/applicant shall, at its own expense, employ a consultant approved by the Planning Authority to carry out an assessment of glint and glare from the development. The glint and glare assessment shall be submitted to and approved in writing by the Planning Authority. The assessment must identify any mitigation measures required if appropriate. Any mitigation measures identified shall be implemented on site in accordance with a timescale to be agreed with the Planning Authority. Reason - In the interests of residential amenity. Biodiversity 12. The conclusions and recommended action points within the supporting Bat Survey Report, Ecological Survey and Ecological Impact Assessment and Biodiversity Enhancement Plan submitted and hereby approved (document numbers 80, 84 and 118 relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 13. Revised ecological surveys, as required in relation to each phase and as agreed in writing with the Planning Authority, will be submitted for the prior written approval of the Planning Authority prior to the commencement of any works in relation to the relevant phase. Reason - In the interests of protecting environmental quality and of biodiversity. 14. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day. Reason - In order to prevent animals from being trapped within any open Excavations. 15. Prior to the commencement of development in each phase, a Construction Environmental Management Plan (CEMP) must be submitted for that phase for the prior written approval of the Planning Authority. The measures outlined in the agreed CEMP shall be adhered to at all times during the construction period. Reason - In the interests of protecting environmental quality and of biodiversity. Trees/Landscaping 16. Prior to the commencement of any development on site in any phase, a Tree Protection Plan (TPP) prepared in Page 12 of 248
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accordance with BS 5837:2012 for that phase, shall be submitted to and approved in writing by the Planning Authority. The TPP shall include details of all trees to be retained, the location and specification of protective fencing, and the extent of Construction Exclusion Zones (CEZs). All protective measures shall be installed prior to any site works and retained in place for the duration of construction. No excavation, storage of materials, or access shall take place within the CEZs unless otherwise agreed in writing by the Planning Authority. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 17. Prior to the commencement of any development, in any phase, and informed by details approved via condition 16, a site-specific method statement for that phase detailing all construction activities to be undertaken within proximity of retained trees shall be submitted to and approved in writing by the Planning Authority. The method statement shall include details of working methods, ground protection measures, supervision by a qualified arboriculturist, and any mitigation required to prevent damage to tree roots, stems, or canopies. All works shall thereafter be carried out in full accordance with the approved method statement. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 18. Prior to the commencement within any phase, containing development in the vicinity of trees, detailed design proposals for all access routes and paths within or adjacent to Root Protection Areas (RPAs) of retained trees within that phase, shall be submitted to and approved in writing by the Planning Authority. These proposals shall incorporate non-dig construction methods and proprietary geogrid or cellular confinement systems to minimise ground disturbance. All works shall thereafter be carried out in full accordance with the approved details, under the supervision of a qualified arboriculturist. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 19. Prior to the commencement of any development, associated to works relating to conditions 15-18, an initial site meeting shall be held on location with the Planning Authority’s Enforcement Officer (Trees), or a representative, the applicant, and the appointed arboricultural consultant. The purpose of the meeting shall be to inspect proposed tree works, verify the installation of tree protection measures, and discuss the site-specific method statement for all construction activities in proximity to retained trees. No development Page 13 of 248
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shall proceed until the Planning Authority has confirmed in writing that the tree protection measures are satisfactory and the method statement has been agreed. Mid way through and at completion of the development there shall be two further site meetings with the same representation to assess site progress and compliance with tree protection measures. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 20. Prior to the commencement of a phase of the development hereby approved, a detailed landscaping and planting scheme for the phase site shall be submitted for the written agreement of the Council as Planning Authority. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and installation methods and, species, height, size and density of trees and shrubs to be planted. The scheme for each phase, as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained to the satisfaction of the Council as Planning Authority. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 21. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar size, species and number to the satisfaction of the Council as Planning Authority. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. External Finishes 22. For the avoidance of doubt, the copper cladding finish on the stable building extensions, as shown on Drawing 148, is not approved. Prior to the commencement of any development, details of the specification and colour of the proposed external finishing materials to be used shall be submitted to and agreed in writing by the Council as Planning Authority. The scheme as agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason - In the interests of protecting the special character of the Listed Building. Page 14 of 248
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23. For the avoidance of doubt, wholesale window replacement on the stable building, as shown on Drawing 148, is not approved. Prior to the commencement of any development, a detailed strategy for the retention and replacement of windows shall be submitted to and approved in writing by the Planning Authority. This shall include precise design specifications, materials, profiles, glazing type, and finishes for all proposed replacement windows. The strategy shall demonstrate how the proposals preserve the character and special architectural interest of the listed building. Where replacement is proposed, it shall be on a like-for-like basis unless otherwise agreed. All works shall thereafter be carried out in full accordance with the approved details. Reason - In the interests of protecting the special character of the Listed Building. 24. For the avoidance of doubt, wholesale replacement of doors on the stable building, as shown on Drawing 148, is not approved. Prior to the commencement of any works affecting external doors, a detailed strategy for the retention and replacement of doors shall be submitted to and approved in writing by the Planning Authority. This shall include precise design specifications, materials, profiles, finishes, and justification for any proposed replacements. Where replacement is proposed, it shall be on a like-for-like basis unless otherwise agreed. The strategy must demonstrate how the proposals preserve the character and special architectural interest of the listed building. All works shall thereafter be carried out in full accordance with the approved details. Reason - In the interests of protecting the special character of the Listed Building. 25. The rooflights hereby approved shall be installed in a manner that ensures that their upper surfaces are as near flush as possible with the upper surfaces of the roof into which they will be installed and with minimum flashing Reason - In the interests of protecting the special character of the Listed Building. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes Permission shall not to be issued until the Section 75 Agreement has been signed and registered to take account of this application. The legal agreement should be concluded and completed within 4 months of the date of any Committee approval. Failure to conclude a legal agreement within 4 months will result in the planning application being re-assessed through Page 15 of 248
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failing to comply with the associated developer contributions policy and may be ultimately recommended for refusal under delegated powers Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. No work shall be commenced until an application for building warrant has been submitted and approved. 4. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 5. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 6. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, he/she/they must obtain from the Council, to place, maintain or adjust apparatus in, or under a Road or remove apparatus from a road. Application forms are available at https://www.pkc.gov.uk/article/14916/Road-and-footway- permits. 7. The internal site is to remain private and as such will not be maintained by Perth & Kinross Council, nor will it be suitable for future adoption. If adoption is sought in the future, the road and drainage infrastructure will need to be brought up to an adoptable standard at the expense of the applicant. Page 16 of 248
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8. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 9. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 10. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: • Displayed in a prominent place at or in the vicinity of the site of the development • Readily visible to the public • Printed on durable material. 11. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 12. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are sever for non-compliance. 13. The proposed demolition and/or building works likely to cause harm to bats should not commence until the applicant has obtained the relevant licence issued by NatureScot pursuant to Regulation 53 of The Page 17 of 248
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Conservation of Habitats and Species Regulations 2010 authorising the specified activity/development to go ahead. 14. The planning permission decision notice shall not be issued until such time as the required Developer Contributions have been secured or paid in full. In the event the applicant does not either make the required payment within 28 days from the date the agent/applicant is advised of the need for the contributions or complete a legal agreement for delayed payment within a 4 month period from the date the agent/applicant is advised of the need for the contributions the application may be refused under delegated powers without any further discussion with the applicant. 15. The developer is advised to contact Sophie Nicol, Historic Environment Manager (tel 01738 477027) Perth and Kinross Heritage Trust, to discuss terms of reference for work required. 16. This is approval of your application Ref no 24/00731/FLM; for planning permission only. It does not include any approval for your related Listed Building Consent Ref no 24/01699/LBC;.You should therefore not commence work until you have received Listed Building Consent. Carrying out alterations without Listed Building Consent is an offence. Amendment (Councillors B Brawn and I James) Approve, subject to the removal of Condition 22. In terms of Standing Order 21.5 a roll call vote was taken. 5 members voted for the Motion as follows: Councillors I MacPherson, I Massie, G Stewart, R Watters and Bailie M Williamson. 5 members voted for the Amendment as follows: Councillors B Brawn, Bailie R Brock, D Illingworth, I James and Bailie C McLaren. In terms of Standing Order 21.2, the Convener exercised the casting vote in accordance with the Motion. Resolved: In accordance with the Motion. Page 18 of 248
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(ii) 25/00672/AMM - Erection of 24 dwellinghouses and associated works (change of house type and plot layout) (approval of matters specified in conditions of 22/02223/AMM) (Phase 2), Scone North, Scone, Perth (Report No. 25/281) Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 1. The development must be begun not later than the expiration of three years beginning with the date on which this approval of matters specified in condition is granted. If development has not begun at the expiration of this period, the approval of matters specified in condition lapses. Reason - In order to ensure the development to which this approval of matters specified in conditions relates is commenced timeously and in accordance with Section 41(1)(c) of the Town and Country Planning (Scotland) Act 1997. 2. The Construction Environment Management Plan (CEMP) submitted to satisfy Condition 19 of planning permission 16/02127/IPM shall be implemented concurrent with the development. The CEMP will remain a dynamic document throughout the duration of construction and until the completion of development. The CEMP can be amended as necessary to meet best practice in terms of environment or ecology. Any amended document shall be submitted to the Planning Authority for written approval as soon as reasonably practicable citing the relevant amendment and appropriate guidance. Reason - In the interest of protecting environmental quality and of biodiversity. 3. All road gullies within 500m of a waterbody or Sustainable Urban Drainage (SUDS) pond shall have wildlife kerbs installed adjacent to the gully. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 4. All trees identified for retention and any peripheral trees bounding the site, which may be affected by any element of the approved development and its associated construction, (including land within the blue site area) shall be protected in full accordance with BS 5837: 2012 'Trees in relation to design, demolition and construction'. Reason - In the interest of tree protection in the interests of biodiversity and amenity of the area. Page 19 of 248
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5. The detailed landscaping and planting proposal specifications as hereby approved shall be undertaken and delivered commensurate with the residential development elements and thereafter maintained to the satisfaction of the Council as planning authority. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar sizes and species to the satisfaction of the Council as Planning Authority. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality and in pursuance of satisfying placemaking policy criteria of the adopted LDP. 6. Development shall not commence on site until an evaluation for the potential of the site to be affected by contamination by a previous use has been undertaken and, as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been submitted for consideration and accepted by the Council as Planning Authority. If the preliminary risk assessment identifies the need for further assessment, an intrusive investigation shall be undertaken to identify; I. the nature, extent and type(s) of contamination on the site. II. measures to treat/remove contamination to ensure the site is fit for the use proposed. III. measures to deal with contamination during construction works. IV. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason - In order to deal with any potential contamination of the site as a result of its former use. 7. Storm water drainage from all paved surfaces, including the access, shall be disposed of by means of suitable Sustainable Urban Drainage Systems to meet the requirements of best management practices. Reason - To ensure the provision of provide effective drainage for the site. 8. Concurrent with the initiation of the development hereby approved and for the duration of construction, a temporary surface water treatment facility shall be implemented on site and maintained for the duration of the approved development works. The temporary surface water treatment facility shall remain in place until the permanent surface water drainage scheme is Page 20 of 248
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implemented unless otherwise agreed in writing by the Council as Planning Authority. Reason - To ensure the appropriate management of construction surface water run-off to minimise flooding and avoid discharge of sediment/pollution to the local water environment or neighbouring property, in the interests of residential and environmental amenity. 9. The conclusions and recommended action points within the supporting ecology and tree survey reports including the Arboricultural Impact Assessment submitted and approved as part of 22/02223/AMM shall be fully adhered to, respected and undertaken as part of the construction phase of development. Reason - In the interests of protecting environmental quality and of biodiversity. 10. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, all biodiversity enhancement measures in the Scone North Phase 2A Biodiversity Action Plan (submitted for 22/02223/AMM) must be provided in full. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development. Reason - In the interests of protecting environmental quality and of biodiversity. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013, as amended. The form of the notice is set out in Schedule 7 of the Page 21 of 248
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Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: a. Displayed in a prominent place at or in the vicinity of the site of the development b. Readily visible to the public c. Printed on durable material. 4. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority Road Construction Consent (RCC) to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 5. The applicant is advised that, in terms of Sections 56 of the Roads (Scotland) Act 1984, he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 6. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, he/she/they must obtain from the Council, permission to place, maintain or adjust apparatus in, or under a Road or remove apparatus from a road. Application forms are available at https://www.pkc.gov.uk/article/14916/Road- and-footway-permits 7. The applicant should be advised to contact Perth & Kinross Council Street Lighting Department to obtain technical approval for all street lighting provision. 8. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot to disturb a protected species. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are severe for non- compliance. 9. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 10. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow Page 22 of 248
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for the collection of waste, including construction phasing. 11. There is a continued requirement for a Section 75 legal obligation associated with Planning Permission in Principle 16/02127/IPM, relating to: • Community Facility delivery • Contribution towards Sports Facilities, including provision towards sports pitches and pavilion • Open Space provision and maintenance • Compensatory Tree planting • Public Transport movement • Affordable Housing • Structure Planting delivery. A copy is available to view on the Council's Public Access portal. 12. The applicant is advised to refer to Perth & Kinross Council's Flood Risk and Flood Risk Assessments Supplementary Guidance, and the CIRIA SuDS manual as it contains advice relevant to your development. 13. This approval is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 14. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. (iii) 25/00674/AMM - Erection of 64 dwellinghouses and associated works - phase 2 (change of house type and plot layout of 22/02223/AMM), Scone North, Scone, Perth (Report No. 25/282) Resolved: Grant, subject to the following terms, conditions and informatives: Page 23 of 248
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Conditions 1. The development must be begun not later than the expiration of three years beginning with the date on which this approval of matters specified in condition is granted. If development has not begun at the expiration of this period, the approval of matters specified in condition lapses. Reason - In order to ensure the development to which this approval of matters specified in conditions relates is commenced timeously and in accordance with Section 41(1)(c) of the Town and Country Planning (Scotland) Act 1997. 2. The Construction Environment Management Plan (CEMP) submitted to satisfy Condition 19 of planning permission 16/02127/IPM shall be implemented concurrent with the development. The CEMP will remain a dynamic document throughout the duration of construction and until the completion of development. The CEMP can be amended as necessary to meet best practice in terms of environment or ecology. Any amended document shall be submitted to the Planning Authority for written approval as soon as reasonably practicable citing the relevant amendment and appropriate guidance. Reason - In the interest of protecting environmental quality and of biodiversity. 3. All road gullies within 500m of a waterbody or Sustainable Urban Drainage (SUDS) pond shall have wildlife kerbs installed adjacent to the gully. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 4. All trees identified for retention and any peripheral trees bounding the site, which may be affected by any element of the approved development and its associated construction, (including land within the blue site area) shall be protected in full accordance with BS 5837: 2012 'Trees in relation to design, demolition and construction'. Reason - In the interest of tree protection in the interests of biodiversity and amenity of the area. 5. The detailed landscaping and planting proposal specifications as hereby approved shall be undertaken and delivered commensurate with the residential development elements and thereafter maintained to the satisfaction of the Council as Planning Authority. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar sizes and species to the satisfaction of the Council as Planning Authority. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality and in Page 24 of 248
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pursuance of satisfying placemaking policy criteria of the adopted LDP. 6. Development shall not commence on site until an evaluation for the potential of the site to be affected by contamination by a previous use has been undertaken and, as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been submitted for consideration and accepted by the Council as Planning Authority. If the preliminary risk assessment identifies the need for further assessment, an intrusive investigation shall be undertaken to identify; I. the nature, extent and type(s) of contamination on the site. II. measures to treat/remove contamination to ensure the site is fit for the use proposed. III. measures to deal with contamination during construction works. IV. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason - In order to deal with any potential contamination of the site as a result of its former use. 7. Storm water drainage from all paved surfaces, including the access, shall be disposed of by means of suitable Sustainable Urban Drainage Systems to meet the requirements of best management practices. Reason - To ensure the provision of provide effective drainage for the site. 8. Concurrent with the initiation of the development hereby approved and for the duration of construction, a temporary surface water treatment facility shall be implemented on site and maintained for the duration of the approved development works. The temporary surface water treatment facility shall remain in place until the permanent surface water drainage scheme is implemented unless otherwise agreed in writing by the Council as Planning Authority. Reason - To ensure the appropriate management of construction surface water run-off to minimise flooding and avoid discharge of sediment/pollution to the local water environment or neighbouring property, in the interests of residential and environmental amenity. 9. The conclusions and recommended action points within the supporting ecology and tree survey reports including the Arboricultural Impact Assessment submitted and approved as part of 22/02223/AMM shall be fully adhered Page 25 of 248
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to, respected and undertaken as part of the construction phase of development. Reason - In the interests of protecting environmental quality and of biodiversity. 10. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, all biodiversity enhancement measures in the Scone North Phase 2A Biodiversity Action Plan (submitted for 22/02223/AMM) must be provided in full. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development. Reason - In the interests of protecting environmental quality and of biodiversity. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013, as amended. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: a. Displayed in a prominent place at or in the vicinity of the site of the development b. Readily visible to the public c. Printed on durable material. 4. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority Road Construction Consent (RCC) to construct a new road prior to the Page 26 of 248
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commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 5. The applicant is advised that, in terms of Sections 56 of the Roads (Scotland) Act 1984, he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 6. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, he/she/they must obtain from the Council, permission to place, maintain or adjust apparatus in, or under a Road or remove apparatus from a road. Application forms are available at https://www.pkc.gov.uk/article/14916/Road- and-footway-permits 7. The applicant should be advised to contact Perth & Kinross Council Street Lighting Department to obtain technical approval for all street lighting provision. 8. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot to disturb a protected species. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are severe for non- compliance. 9. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 10. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow for the collection of waste, including construction phasing. 11. There is a continued requirement for a Section 75 legal obligation associated with Planning Permission in Principle 16/02127/IPM, relating to: • Community Facility delivery • Contribution towards Sports Facilities, including provision towards sports pitches and pavilion • Open Space provision and maintenance • Compensatory Tree planting • Public Transport movement Page 27 of 248
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• Affordable Housing • Structure Planting delivery. A copy is available to view on the Council's Public Access portal. 12. The applicant is advised to refer to Perth & Kinross Council's Flood Risk and Flood Risk Assessments Supplementary Guidance, and the CIRIA SuDS manual as it contains advice relevant to your development. 13. This approval is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 14. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. (iv) 25/00883/AMM - Erection of 18 dwellinghouses and associated works (change of house types, plot layouts and removal of private driveway for plots 135 -152 of 23/01941/AMM), land 200 metres west of Blairgowrie and Rattray Cottage Hospital, Perth Road, Blairgowrie (Report No. 25/283) Resolved: Grant, subject to the following terms, conditions and informatives, including amendments circulated to members prior to the meeting: Conditions General 1. The development hereby permitted shall be commenced no later than the expiration of two years from the date of this consent or from the date of subsequent approval of matters specified in conditions, or three years from the date of planning permission in principle, whichever is the later. Page 28 of 248
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Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. Phasing and Delivery 2. The details submitted and agreed as part of condition 3 of planning permission 23/01941/AMM (drawing number 122) with regards to the phasing and delivery plan, shall be implemented in accordance with the agreed delivery plan and landscaping carried out concurrent with development. Reason - In order to ensure the satisfactory implementation and completion of the development. Drainage and Flooding 3. The developer shall ensure all SUDS features are fit for purpose and appropriately control, treat and discharge surface water up to and including their design standard. Reason - To ensure the provision of effective drainage for the site. 4. Concurrent with the initiation of the development hereby approved and for the duration of construction, a temporary surface water treatment facility shall be implemented on site and maintained for the duration of the approved development works. The temporary surface water treatment facility shall remain in place until the permanent surface water drainage scheme is implemented unless otherwise agreed in writing by the Council as Planning Authority. Reason - To ensure the appropriate management of construction surface water run-off to minimise flooding and avoid discharge of sediment/pollution to the local water environment or neighbouring property, in the interests of residential and environmental amenity. Roads and Access 5. The details submitted and agreed as part of condition 10 of planning permission 23/01941/AMM (drawing numbers 125 and 126) with regards to the Construction Traffic Management Scheme (CTMS), shall be adhered to at all times. As a potentially evolving document any changes to the CTMS shall be submitted to the Planning Authority for prior written approval in advance of any change in approach. Reason - In the interests of road safety 6. The details submitted and agreed as part of condition 17 of planning permission 23/01941/AMM (drawing number 130) with regards to a Residential Travel Plan, shall be implemented in accordance with the approved plan prior to the occupation of 9 of the hereby approved 18 dwellinghouses. Reason - To promote sustainable transport options and to meet advice within National Planning Framework on Transport. Page 29 of 248
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Core Paths 7. All existing rights of way, core paths within or adjacent to the completed development shall at all times be protected and remain operational during the construction phases. Reason - In the interest of sustainable transportation. Environmental Impact 8. The energy statement submitted and agreed as part of condition 19 of planning permission 23/01941/AMM (drawing number 128) shall be implemented in full prior to the occupation of each dwellinghouse. Reason - To embed low and zero-carbon technologies within the development in the interest of environmental sustainability. Biodiversity 9. The details submitted and agreed as part of condition 20 of planning permission 23/01941/AMM (drawing number 125) with regards to the Construction Environmental Management Plan CEMP shall be adhered to at all times. Further, prior to the commencement of development of each phase an updated CEMP must be submitted for the written approval of the Planning Authority. Subsequently, the measures outlined in the agreed CEMP shall be adhered to at all times during the construction period. Reason - In the interests of protecting environmental quality and of biodiversity. 10. The conclusions and recommended action points within the supporting Ecological Survey and Biodiversity Enhancement Plan submitted and approved under planning permission 23/01941/AMM (document numbers 61 and 113) shall be fully adhered to, respected and undertaken as part of the construction phase of development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 11. An updated ecological survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the survey approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. Reason - In the interests of protecting environmental quality and of biodiversity. 12. The design of the roads serving all hereby approved dwellinghouses shall see wildlife kerbs incorporated into all road gullies within 500m of a SUDS pond or watercourse. A detailed design (reflective of any Roads Construction Consent) shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The approved design shall thereafter be completed and available for Page 30 of 248
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use in line with a roads delivery phasing plan, to be submitted to and approved in writing by the Planning Authority prior to the occupation of any more than 9 of the hereby approved 18 dwellinghouses. Reason - In the interests of protecting environmental quality and of biodiversity. 13. Prior to the completion or occupation of each hereby approved dwellinghouse, whichever is the earlier, hedgehog highways shall be created by providing access gaps in boundary treatments/wooden fences associated with that dwellinghouse/ plot each measuring at least 13cm x 13cm at ground level, to allow for the free movement of hedgehogs. Thereafter, the hedgehog highways shall be retained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 14. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day. Reason - In the interests of protecting environmental quality and of biodiversity. 15. Prior to the commencement of development, an updated Planting Plan shall be submitted to show the locations of the bird boxes and swift/bat bricks for the written agreement of the Planning Authority. The scheme as subsequently agreed shall be implemented prior to the occupation of each relevant residential unit. Thereafter, they should be maintained in a reasonable condition for the life of the development. Reason - In the interests of protecting environmental quality and of biodiversity. Trees and Landscape 16. All trees on site, other than those marked for felling on the approved plans, shall be retained. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 17. Prior to the commencement of the development hereby approved, an updated detailed landscaping and planting scheme, to reflect the revised layout, for the site shall be submitted for the written agreement of the Council as Planning Authority. The scheme as subsequently approved shall be carried out and completed within the Page 31 of 248
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first available planting season (October to March) in line with a landscape delivery phasing plan to be submitted to and approved in writing by the Planning Authority prior to the occupation of no more than 9 of the hereby approved 18 dwellinghouses. The approved scheme shall thereafter be maintained to the satisfaction of the Council as Planning Authority, with any planting which fails to become established within five years being replaced in the following planting season with others of a size and species as previously approved. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 18. All landscaped areas outwith the curtilages of the dwellings and shown on the approved drawings shall be permanently retained as such and shall at no time be used as private garden ground nor incorporated within the curtilage of any of the dwellings hereby approved without the express grant of planning permission by the Planning Authority. Reason - In the interests of the character and appearance of the development. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: Page 32 of 248
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• Displayed in a prominent place at or in the vicinity of the site of the development • Readily visible to the public • Printed on durable material. 4. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 5. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests 6. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow for the collection of waste. 7. Application for a new postal address should be made via the Street Naming and Numbering page on the Perth & Kinross Council website at www.pkc.gov.uk/snn. Please note there is a charge for this service and submission cannot be made until the relevant Building Warrant has been approved. 8. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council as Roads Authority Road Construction Consent (RCC) to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 9. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 10. No work shall be commenced until an application for building warrant has been submitted and approved. 11. The applicant is advised that the granting of planning permission does not guarantee a connection to Scottish Water's assets. The applicant must make a separate application to Scottish Water Planning & Development Services team for permission to connect to the public Page 33 of 248
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wastewater system and/or water network and all their requirements must be fully adhered to. 12. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk. 13. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 14. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are sever for non-compliance. 15. The applicant is advised that technical approval will be required for all street lighting apparatus within adoptable areas and should contact the Street Lighting Partnership to obtain technical approval prior to the submission of a Road Construction Consent application. 16. The granting of planning permission does not stop the continued right of public access along the existing core path BLAI/31. An order under the Town and Country Planning (Scotland) Act 1997, Section 208 or an amendment of the Core Path Plan under the Land Reform (Scotland) Act 2003 should be sought in advance of any works authorised by this planning permission being commenced. All relevant approvals should be in place prior to any stopping up and diversion of the core path taking place. 17. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning Page 34 of 248
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permission for a development does not provide a defence against prosecution under this Act. 18. The applicant should take note of the information and advice contained within the consultation response from Perth and Kinross Council Environmental Health (Contaminated Land) Team. (The Committee took a 10 minute recess and then reconvened) (2) Local Application (i) 24/01613/FLL - Change of use, alterations and extension to office to form hotel, corner of High Street and Tay Street, Perth (Report No. 25/284) Mr P Williamson introduced the report and advised that amendments were required: 1. update to Condition 8 to tighten the wording relating to the implementation of the construction dust management plan; 2. Condition 10 relating to mitigation measures of the noise management plan requires confirmation as to when the measures are required by; and 3. Informative 5 to be deleted as it is a duplicate of Informative 1, with the others renumbered thereafter. Mr T Usmani, on behalf of the applicant, accompanied by Mr G Thomson, Turley and Mr R Duncan, JM Architects, addressed the committee, and answered members questions. Councillor B Brawn proposed an Amendment to defer the application to allow the Listed Building Consent to be determined before this application was determined. Following advice that the applications are separate and, in any event, due to the holding objection from SEPA this application was more appropriate to be determined first, Councillor Brawn withdrew his Amendment. Resolved: Minded to Grant, subject to notification to the Scottish Ministers, and the following amended terms, conditions and informatives, including an additional condition regarding SUDS: Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. Page 35 of 248
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2. The proposed drop off facility on the High Street as shown on drawing 50 is not approved. Prior to commencement of development, a suitable scheme for an accessible drop-off facility and Traffic Regulation Order (TRO) are to be agreed in writing with the Planning Authority, in consultation with the Roads Authority. The proposed TRO is subject to the necessary consultation period. The scheme, as approved in writing, shall be implemented prior to the development being brought into use. This planning permission, if granted, does not guarantee that the proposed TRO/drop off facility will be approved. Reason - In the interests of providing an accessible drop- off facility. 3. Prior to commencement of any development on site, a detailed design for the proposed secure, covered cycle parking facility in the courtyard, to accommodate a minimum of 19 cycles, shall be submitted for the further written approval of the Council as Planning Authority, in consultation with the Roads Authority. This approved cycle parking shall be implemented in accordance with the approved details prior to the development being brought into use. Reason - To encourage active travel and to meet advice within Scottish Planning Policy on transport. 4. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; c) a code of conduct for HGV drivers to allow for queuing traffic to pass; d) arrangements for liaison with the Roads Authority regarding winter maintenance; e) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; Page 36 of 248
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h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; i) details of information signs to inform other road users of construction traffic; j) arrangements to ensure that access for emergency service vehicles are not impeded; k) co-ordination with other significant developments known to use roads affected by construction traffic; l) traffic arrangements in the immediate vicinity of temporary construction compounds; m) monitoring, reporting and implementation arrangements; n) arrangements for dealing with non-compliance; and o) details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management. 5. No part of the development shall be occupied until a Travel Plan, aimed to encourage more sustainable means of travel, has been submitted to and agreed in writing by the Council in consultation with Transport Planning. The Travel Plan will have particular regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided, the system of management, monitoring, review, reporting and the duration of the plan. Reason - To promote sustainable transport options and to meet advice within Scottish Planning Policy on transport. 6. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) which has been submitted by the developer and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to Page 37 of 248
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PKHT or a nominated representative and shall allow them to observe work in progress. Reason - To ensure a programme of archaeological works is carried out to safeguard and record any archaeological remains within the development area. 7. Development shall not commence until the developer has secured an archaeological standing building survey, to be carried out by an independent and suitably qualified archaeological organisation. The scope of the archaeological standing building survey will be set by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust. The name of archaeological organisation retained by the developer shall be given to the Council as Planning Authority and PKHT in writing not less than fourteen days before the commencement date provided in the Notice of Initiation of Development. Copies of the resulting survey shall be deposited in the National Record of the Historic Environment and in the Perth and Kinross Historic Environment Record upon completion of the survey. Reason - To ensure an appropriate archaeological standing building survey is carried out and the resulting survey is recorded properly. 8. Prior to the commencement of the development hereby approved a Construction Dust Management Plan shall be submitted to and agreed in writing by the Council as Planning Authority. The CDMP shall include procedures and mitigation measures for the control of dust to prevent or minimise the release of dust during any stages of the construction period of the development. The CDMP shall thereafter be implemented as agreed. Reason - In order to safeguard the neighbouring residential amenity in the area. 9. All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In order to safeguard the neighbouring residential amenity in the area. 10. Prior to the first use of the building as a hotel the mitigation measures as described in section 7.4 of the Noise Impact Assessment undertaken by Sandy Brown dated 26.09.2024 (Document 27), shall be undertaken to ensure a satisfactory level of residential amenity can be achieved. Reason - In order to safeguard the neighbouring residential amenity in the area. 11. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination Page 38 of 248
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of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In order to safeguard the neighbouring residential amenity in the area. 12. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at any time on Sundays or bank holidays (as identified by Scottish Government). Reason - In order to safeguard the neighbouring residential amenity in the area. 13. Servicing of and deliveries to the premises shall be carried out between 0700 and 1900 Monday to Saturday only, with no servicing or deliveries permitted on Sundays. Reason - In order to safeguard the neighbouring residential amenity in the area. 14. Prior to the commencement of the development hereby approved, a detailed landscaping and planting scheme for the site shall be submitted for the written agreement of the Council as Planning Authority. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and installation methods and, species, height, size and density of trees and shrubs to be planted. The scheme as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained to the satisfaction of the Council as Planning Authority. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 15. Prior to the commencement of any works on site, all trees on site and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the duration of construction. Reason - In the interests of protecting environmental quality and of biodiversity. 16. Development shall not commence on site until an evaluation for the potential of the site to be affected by contamination by a previous use has been undertaken Page 39 of 248
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and, as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been submitted for consideration and accepted by the Council as Planning Authority. If the preliminary risk assessment identifies the need for further assessment, an intrusive investigation shall be undertaken to identify; I. the nature, extent and type(s) of contamination on the site II. measures to treat/remove contamination to ensure the site is fit for the use proposed III. measures to deal with contamination during construction works IV. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason - In order to deal with any potential contamination of the site as a result of its former use. 17. The conclusions and recommended action points within the supporting ecology survey report (Document 33) submitted and hereby approved shall be fully adhered to, respected and undertaken as part of the construction phase of development. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 18. Prior to the completion or occupation of the development hereby approved, whichever is the earlier, a minimum of 8 swift nest boxes shall be provided on the proposed roof extension. Boxes should be positioned close together in accordance with the requirements set out in the PKC Planning for Nature Supplementary Guidance. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development. Reason - In the interests of protecting environmental quality and of biodiversity. 19. Prior to the commencement of the development hereby approved, details of the specification of new or replacement windows and external doors, including elevation and section drawings, shall be submitted to and agreed in writing by the Council as Planning Authority. Reason - In order to protect the traditional character of the building and the appearance of the Conservation Area. 20. Prior to the commencement of the development hereby approved, details of the specification and colour of the Page 40 of 248
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proposed external finishing materials to be used shall be submitted to and agreed in writing by the Council as Planning Authority. The scheme as agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason - In order to protect the traditional character of the building and the appearance of the Conservation Area. 21. All new external and internal works and finishes and works of making good the retained fabric, shall match the existing adjacent work with regard to the methods used and to material, colour, texture and profile, unless shown otherwise on the drawings or other documentation hereby approved or required by any condition(s) attached to this consent. Reason - In order to protect the traditional character of the building and the appearance of the Conservation Area. 22. The development hereby approved shall be constructed so as to be flood resilient in order to reduce the extent of potential flood damage and thereby reduce repair costs and speed up building restoration should a flood event occur. Reason - In order to take account of the flood risk from the adjacent watercourse. 23. The measures identified in the Flood Risk Assessment (Document 24) to prevent flooding of the site, approved as part of this permission, shall be fully implemented. Verification that the scheme has been fully implemented must be submitted to the Council as Planning Authority prior to completion or the bringing into use of any part of the development, whichever is the earlier. Reason - In order to take account of the flood risk from the adjacent watercourse. 24. Prior to completion or occupation of the development hereby approved, whichever is the earlier, details of managed tours of the building to facilitate public access to the historic interior should be submitted to and agreed by the Council as Planning Authority. The details as agreed shall be implemented in full. Reason - To ensure public access is maintained in recognition of the local heritage significance of the building 25. Development shall not commence on site until a detailed sustainable urban drainage system (SUDS) has been submitted for the written agreement of the Council as Planning Authority, in consultation with SEPA where necessary. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council's Flood Risk and Flood Risk Assessments Developer Guidance, and shall incorporate source control. All works shall be carried out Page 41 of 248
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in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason - To ensure the provision of effective drainage for the site. Justification The proposal is considered a minor departure from the Development Plan however there are material reasons which justify departing from the Development Plan. Procedural Notes SEPA has submitted a holding objection to the proposed development, in relation to flood risk. The application will have to be referred to Scottish Ministers for authority to proceed. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 3. The developer is advised to contact Sophie Nicol, Historic Environment Manager (tel 01738 477027) Perth and Kinross Heritage Trust, to discuss terms of reference for work required. 4. The presence of protected species, and the extent to which they could be affected by the proposed development, should be established before works commence. Should protected species be identified within the site the developer should ensure that all appropriate measures required to comply with the relevant legislation are carried out. 5. As soon as practicable after the development is complete, the person who completes the development is obliged by section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 6. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information Page 42 of 248
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must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 7. This is approval of your application 24/01613/FLL for planning permission only. It does not include any approval for your related Listed Building Consent 24/01614/LBC. You should therefore not commence work until you have received Listed Building Consent. Carrying out alterations without Listed Building Consent is an offence. 8. No work shall be commenced until an application for building warrant has been submitted and approved. 9. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 10. The applicant is advised that, in terms of Sections 56 of the Roads (Scotland) Act 1984, he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 11. Guidance on the detailed design and positioning of the cycle storage can be sought from Transport Scotland's Cycling by Design 2021. 12. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, he/she/they must obtain from the Council, permission to place, maintain or adjust apparatus in, or under a Road or remove apparatus from a road. Application forms are available at https://www.pkc.gov.uk/article/14916/Road- and-footway-permits. 13. The existing PKC Street lighting assets on exterior of building (High Street Side) are to remain. 14. The applicant is advised that the granting of planning permission does not guarantee a connection to Scottish Water's assets. The applicant must make a separate Page 43 of 248
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application to Scottish Water Planning & Development Services team for permission to connect to the public wastewater system and/or water network and all their requirements must be fully adhered to. (ii) 24/01962/FLL - Erection of dwellinghouse with integrated farm office, glasshouse and dairy, extension of access track and associated works, land 370 metres north east of 5 Flawcraig, Farm Rait, Perth, PH2 7RY (Report No. 25/285) Mr G Milner-Smith, objector, followed by Mr D Lamont, applicant, addressed the committee, and answered Members questions. Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In order to safeguard the neighbouring residential amenity in the area. 3. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In the interests of visual and residential amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 4. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them Page 44 of 248
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at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day Reason - In the interests of protecting environmental quality and of biodiversity. 5. Prior to the commencement of development a plan which shows the curtilage of the dwelling (private garden ground) including a landscaping/planting/boundary treatment plan and access routes throughout the wider land holding shown in blue on associated plans shall be submitted to and agreed in writing by the council as Planning Authority in consultation with community green space. The scheme as agreed and implemented and completed prior to the occupation of the dwelling and shall thereafter be maintained to the satisfaction of the Council as Planning Authority. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar size, species and number to the satisfaction of the Council as Planning Authority. Reason - To ensure continued public access to the public paths and in the interests of public safety within the site. 6. The recommended action points in relation to biodiversity enhancements within the supporting statement submitted and hereby approved (document(s) 11; relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. Page 45 of 248
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3. No work shall be commenced until an application for building warrant has been submitted and approved. 4. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests 5. Application for a new postal address should be made via the Street Naming and Numbering page on the Perth & Kinross Council website at www.pkc.gov.uk/snn. Please note there is a charge for this service and submission cannot be made until the relevant Building Warrant has been approved. 6. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 7. The applicant shall ensure the private water supply for the dwellinghouse/ development complies with the Water Scotland Act 1980 (Section 63), The Private Water Supplies (Scotland) Regulations 2006 and The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. Detailed information regarding the private water supply, including the nature, location and adequacy of the source, any storage tanks/ pipework and the filtration and disinfection treatment proposed to ensure provision of an adequate and consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above Act and Regulations. (The committee took a 5 minute recess and then reconvened) (iii) 25/00866/FLL - Erection of agricultural storage building, land 35 metres west of Cala Sona, Ruthvenfield, Perth, PH1 3JP (Report No. 25/286) Ms A Brown read out a statement on behalf of Mr A Stronach, objector. Resolved: Grant, subject to the following terms, conditions and informatives: Page 46 of 248
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Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The hours of operations shall be restricted to 0700 hours to 1900 Monday - Friday and 0900 - 1700 Saturday and Sunday. Reason - In order to safeguard the neighbouring residential amenity in the area. 3. All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In order to safeguard the neighbouring residential amenity in the area. 4. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In order to safeguard the neighbouring residential amenity in the area. 5. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at any time on Sundays. The above shall be implemented throughout the construction stage of the development unless otherwise agreed in writing with the Council as Planning Authority and Environmental Health. Reason - In order to safeguard the neighbouring residential amenity in the area. 6. Prior to the commencement of the development hereby approved, details of the specification and colour of the proposed external finishing materials to be used shall be submitted to and agreed in writing by the Council as Planning Authority. The scheme as agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 7. Development shall not commence on site until a detailed sustainable urban drainage system (SUDS) has been submitted for the written agreement of the Council as Planning Authority, in consultation with SEPA where Page 47 of 248
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necessary. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council's Flood Risk and Flood Risk Assessments Developer Guidance, and shall incorporate source control. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason - To ensure the provision of effective drainage for the site. 8. Prior to the commencement of the development hereby approved, details of the location and measures proposed for the safeguarding and continued operation, or replacement, of any septic tanks and soakaways, private water sources, private water supply storage facilities and/or private water supply pipes serving properties in the vicinity, sited within and running through the application site, shall be submitted to and approved in writing by the Council as Planning Authority. The subsequently agreed protective or replacement measures shall be put in place prior to the commencement of the development being brought into use and shall thereafter be so maintained insofar as it relates to the development hereby approved. Reason - To ensure existing water and drainage infrastructures are not compromised. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. An application for Building Warrant may be required. 4. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice Page 48 of 248
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relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 5. This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate provision of daylight, sunlight and shadow cast information. 6. The presence of protected species, and the extent to which they could be affected by the proposed development, should be established before works commence. Should protected species be identified within the site the developer should ensure that all appropriate measures required to comply with the relevant legislation are carried out. 7. Existing buildings or structures may contain nesting birds between 1st March and 31st August inclusive. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 8. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 6. Proposal of Application Notices (PoAN) (i) 25/00013/PAN - Residential development (allocated site H20), land 180 metres east of Latchburn Ford, Dunning, Perth PH2 0QS (Report No. 25/286) The contents of the Report by the Development Management and Building Standards Service Manager, were noted. Page 49 of 248
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(ii) 25/00014/PAN - Installation of 49.9MW Battery Energy Storage System (BESS) and associated infrastructure and landscaping works, land 300 metres north west of Jamesfield Garden Centre, Newburgh, Cupar KY14 9EW (Report No. 25/287) Councillor I James requested that due consideration be given to the cumulative impact and industrialisation of the area. Councillor D Illingworth requested that due consideration be given to fire safety due to water source being from a borehole , the use of agricultural land, an appropriate traffic management plan and the use of a bond to ensure rehabilitation once the project is finished. The contents of the Report by the Development Management and Building Standards Service Manager, were noted. Page 50 of 248
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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. 25/337) Proposal: The proposed Brunt Hill Wind Farm development comprises 13 turbines (of which 7 wind turbines have a ground to blade tip height up to 200 metres and 6 wind turbines have a ground to blade tip height up to 185m) and battery energy storage system (BESS) (up to 50MW) and associated infrastructure (as amended) (ECU00004654). Location: Land 2km North-west of Westfield Cottage, Carnbo, Kinross, KY13 0NT Ref. No: 24/00716/ECU36 Ward No: P8- Kinross-shire Summary Perth and Kinross Council has been consulted by the Scottish Government’s Energy Consents Unit (ECU) on the proposed Brunt Hill Wind Farm. The findings of this report recommends that the Council do not object to the proposal. Background and Description of Proposal 1. The purpose of the report is to make members aware of the relevant planning considerations relating to the proposed development. Following consideration of these matters the Council must advise the Scottish Government whether it objects to the application or not. 2. The site covers an area of 2328 hectares and is located approximately 5km north-west of Kinross and will be accessed from the A91 at Carnbo. 3. The proposed development comprises: • 13 x 7.2MW wind turbines; − 7 of which are proposed up to 200m tip (with 119m hub height) and − 6 of which are proposed up to 185m tip (with 104m hub height) • Battery storage with capacity of up to 50MW • 132kV Substation Compound 5(1)(i) Page 51 of 248
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• A site entrance from the A91 road, and approximately 20,175m network of on-site access tracks including turning heads • 4 temporary borrow pit search areas to provide suitable rock for access tracks, turbine bases and hardstandings • 4 temporary construction compounds • A meteorological mast 4. The proposal had initially been for a larger wind farm with 18 turbines and additional supporting infrastructure. Following feedback from consultees including NatureScot and HES, the scale of the proposal has been reduced and turbines relocated within the site to try to lessen the development’s impact. Craighead Wind Farm 5. The proposed Craighead Wind Farm is located immediately west of Brunt Hill and comprises eight turbines with a tip height up to 200m and associated accesses and infrastructure. On 7th November 2025, PKC was notified by the Scottish Government’s Planning and Environmental Appeals Division (DPEA) that the appeal had been allowed and planning permission had been granted for the development. Site History 6. 22/02148/CONSUL - (ECU ref: ECU00004654) on 28 February 2023, The Scottish Ministers, following consultation with PKC and other relevant bodies, adopted a scoping opinion setting out the scope of the matters to be considered within the EIA Report to be submitted alongside the application for a proposed Brunt Hill Wind Farm Development. Environmental Impact Assessment 7. The proposal is an EIA development and an EIA Report has been submitted. An assessment of the report’s findings and significant environmental effects is provided in the appraisal section below. Pre-Application Consultation 8. The proposed development is classed as a National Development within NPF4, as provided for in Section 3A of the Town and Country Planning (Scotland) Act 1997 (as amended). However, unlike other National Development proposals, applications made under Section 36 of The Electricity Act 1989 are not subject to mandatory pre-application consultation engagement requirements. 9. Nevertheless, in accordance with the procedures set out in the Scottish Government’s Energy Consents Unit: Good Practice Guidance for Applications under Section 36 and 37 of the Electricity Act 1989 (February 2022) a programme of pre-application community engagement has been undertaken by the applicant. Page 52 of 248
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10. Consultation activity included: • The creation of a project website (www.brunthillinfo.co.uk) and email address for enquiries about the proposal. The website contained details of the proposals and downloadable PDFs of the public exhibition panels and an online feedback form for members of the public to give their views on the proposal • A series of meetings with and presentations to representatives of community councils and community development trusts • Letter updates and/or individual meetings with local elected representatives for the Strathallan, Kinross-shire council wards (Perth & Kinross Council), and the MP and MSP representatives for the area • Two in-person public exhibitions held at community venues in Dunning and Milnathort. These exhibitions were advertised in the local newspaper (Perthshire Advertiser) and other local community news outlets such as the Kinross Community Newsletter. • Face-to-face meetings with several individuals and groups of householders • Presentation of visualisations and access arrangements including photomontages from a variety of viewpoints locations such as B938 (near Tonguey Folds), Cadgers Terrace footpath near Burnfoot, A977 near Balado, A977 Crook of Devon, B8062 west of Dunning, B934 near the A9 at Upper Cairnie, and Ben Cleuch. • Engagement with local people, organisations and local businesses will continue after submission. Development Plan 11. 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 12. 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. 13. 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 5: Soils Page 53 of 248
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• Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 11: Energy • Policy 13: Sustainable Transport • Policy 22: Flood Risk and Water Management Perth and Kinross Local Development Plan 2019 14. 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. 15. The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 6: Settlement Boundaries • Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy • Policy 33D: Renewable and Low Carbon Energy: Spatial Framework for Wind Energy • Policy 38A: Environment and Conservation: International Nature Conservation Sites • Policy 38B: Environment and Conservation: National Designations • Policy 38C: Environment and Conservation: Local Designations • 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 46A: Loch Leven Catchment Area • Policy 46B: Loch Leven Catchment Area • Policy 51: Soils • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • Policy 53D: Water Environment and Drainage: Reinstatement of Natural Watercourses • Policy 53E: Water Environment and Drainage: Water Supply • Policy 55: Nuisance from Artificial Light and Light Pollution • Policy 56: Noise Pollution • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Page 54 of 248
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Statutory Supplementary Guidance 16. • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) Other Material Considerations PKC Non Statutory Guidance 17. • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft) National Guidance 18. 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 19. The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • Scottish Government Advice: Onshore wind turbines (May 2014) • Scottish Government Advice: Energy storage (December 2013) Consultations 20. As part of the planning application process the following bodies were consulted: 21. NatureScot: Do not object but advise that the proposed development would result in significant adverse non-localised effects on the Loch Leven basin, where the proposed development would become a dominant focal point in northward and north-westward looking views. Localised significant adverse effects are anticipated on the Ochil Hills where views from key summits and core paths would be notably affected, and on the panoramic views experienced from the Lomond Hills where the proposed development would be seen to encroach on the low-lying agricultural landscapes south of the Ochils. 22. Biodiversity: No objection. Conditions are recommended to secure a CEMP, including measures to mitigate impacts of lighting on nocturnal species, a revised Page 55 of 248
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Biodiversity Net Gain Plan/Habitat Management Plan, details of monitoring arrangements and details of an Ecological Clerk of Works (ECOW). 23. Development Contributions Officer: No Comments. 24. Environmental Health (Contaminated Land): No objection. 25. Environmental Health (Noise Odour): No objection. The proposed mitigation measures set out in the EIA for construction noise, such as temporary noise barriers, will require to be implemented in full. Therefore, a condition will be required for a Construction and Environmental Management Plan (CEMP) to be submitted. The CEMP will include a Dust Management Plan (DMP). 26. Mr Dick Bowdler (Noise): No objection. Conditions are recommended to ensure that noise from the operational turbines and the BESS can be controlled and construction noise, including times of operation, are controlled via the CEMP. 27. Structures and Flooding: No objection, subject to ongoing environmental monitoring via the CEMP. 28. Perth and Kinross Heritage Trust: No objection. It is recommended that a condition is imposed requiring that a programme of archaeological work is undertaken pre-construction phase and fully implemented thereafter. 29. Environmental Health (Private Water): No objection, subject to the submission of a Water Management Plan which should include full details of the sources, infrastructure, including treatment, and properties served by private water supplies arising within, or likely to be affected by the development. 30. Transportation and Development: No objection, subject to conditions on core path access, vehicle access and visibility splays, road widening details and the submission of a Construction Traffic Management Scheme (CTMS). 31. Community Greenspace: No Comments. Additional Statements Screening Opinion EIA required Environmental Impact Assessment (EIA): Environmental Report Submitted Appropriate Assessment under Habitats Regulations Any required Habitats Regulations Appraisal will be for the ECU Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment • PAC Report • Planning Supporting Statement • Design and Access Statement Page 56 of 248
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• Non-technical Summary • EIA Report covering the following: − Site Assessment − LVIA − Hydrology, Geology and Hydrogeology − Ecology − Ornithology − Cultural Heritage − Noise and Vibration − Access, Traffic and Transport − Socio-economics, Tourism, Recreation and Land Use − Forestry − Cumulative Assessment − Schedule of Mitigation Appraisal 32. Schedule 8 to Section 36 of the Electricity Act 1989 requires the Scottish Government, as the appropriate authority, to serve notice of the application on the Council as the relevant planning authority. There is no primacy of the Development Plan for S.36 applications. However, the Council are required to consider the proposal in accordance with the provisions of the Development Plan, as a material consideration. 33. The Development Plan comprises National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2019 (LDP2). 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. 34. NPF4 identifies ‘Strategic Renewable Electricity Generation and Transmission Infrastructure’ as a National Development. The National Development explicitly supports renewable electricity generation, which generates above 50 megawatts capacity which is applicable in this case. The policy intent of NPF4 Policy 11: Energy is to ‘encourage, promote and facilitate all forms of renewable energy development onshore and offshore’…including energy generation and storage. Policy 11a also provides support for all forms of renewable, low carbon energy including: (i) wind farms, (iii) energy storage, and (vii) co-location. 35. Co-location of battery energy storage system with wind farm developments is supported in principle. Page 57 of 248
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36 NPF4 highlights the importance of enabling developments that contribute towards greenhouse gas emissions reduction targets and wider national commitments to tackle the climate crisis. The application is predicted to deliver total emissions savings of 136,733 tonnes of greenhouse gases per year and 4,785,638 tonnes over its 35-year operational lifetime. The proposal is anticipated to provide enough electricity to power the equivalent of 84,243 households per annum. 37. Schedule 9 of the Electricity Act 1989 requires licence holders to “have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest” and “shall do what he reasonably can to mitigate any effect”. Landscape 38. The provided Planning Statement sets out that s36 development is not required to accord with the Local Development Plan but that it is a material consideration. Local Development Plan policies have been referred to throughout including the supplementary guidance on Local Landscape Areas. Policy 39 Landscape is considered by the applicant to be addressed through the exploration of NPF4 Policy 11 and the EIA Report. It is accepted that Policy 39 in its general approach is largely overridden by Policy 11 but that the specific considerations in Policy 39 are relevant considerations that should be taken into account as expressions of impacts considered of most importance in the region. 39. National Planning Framework Policy 11(e) states that project design and mitigation needs to demonstrate how they address impacts on “significant landscape and visual impacts, recognising that such impacts are to be expected for some forms of renewable energy. Where impacts are localised and/or appropriate design mitigation has been applied, they will generally be considered to be acceptable” 40. The proposed development has been revised several times to address concerns and reduce its impact on landscape and other features. This includes lowering the height and number of turbines, and keyholing in forestry. The assessment of the resulting development has identified that the turbines will be noticeably larger than those currently present within the Ochils with moderate to major significant effects on: • Core paths within a 5km radius • Core paths in Ochils to the northeast • Landscape character of the Ochil Hills unit of the Lowland Hill Ranges LCT and the Loch Leven unit of the Lowland Basins LCT. • Residents at Balado, Cleish, and Kinnesswood • Some residents of Carnbo • Visitors to Loch Leven • The Lomond Hills Local Landscape Area • The Ochil Hills Local Landscape Area Page 58 of 248
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41. There are therefore significant effects in the immediate locality but also on wider assets including those of importance to a wider area. Significant impacts are not just limited to the local area but as far afield as Kinnesswood on the other side of Loch Leven. The applicant has cited decisions indicating that the significant effects here - up to a 12km radius – should be considered as being localised. It should be noted that the significant impact on the nature of the landscape here is to landscapes that have been identified through the Local Landscape Area process as being of significant value to the region of Perth and Kinross as a whole, and not just the immediate locality. Local Landscape Areas were identified following a thorough assessment process and public consultations following (as was) SNH and Historic Scotland guidance. These have been confirmed through Local Development Plan 2. The cumulative effect when combined with existing windfarms and compounded by the proposed Craighead windfarm will significantly alter the character of this landscape designation. The landscape designations add significant weight to whether the impacts are localised. 42. The proposed development would result in significant non-localised effects non- localised effects on the Loch Leven basin, where the proposed development would become a dominant focal point in north and north-westward views. There would also be localised significant effects on the Ochil Hills where views from key summits and core paths would be affected. There would also be impacts on the panoramic views experienced from the Lomond Hills where the proposed development would be seen to encroach on the lowlying agricultural landscapes south of the Ochils. 43. The applicant’s LVIA acknowledges that there will be some significant effects, particularly within localised views and from the east and south-east. It is acknowledged that wind farms by their nature will introduce visual impacts within the landscape that they are located. In this instance, with Craighead having now been granted planning permission it is pertinent to assume that it will be developed and become operational. The cumulative landscape and visual impacts of the two adjacent wind farms have been assessed as part of the LVIA. 44. In determining the Craighead Wind Farm application, the Reporter considered the potential cumulative effects with the operational developments and was found to be acceptable, whilst acknowledging it is the decision maker for Brunt Hill that will fully consider cumulative effects taking account of the Craighead approval. 45. Both the proposed development and Craighead have reduced in size since the EIA Report, with a slightly increased separation distance between each other, but still in close proximity. As illustrated on the cumulative Zone of Theoretical Visibilty submitted with the proposal, their extent of visibility would be very similar. Craighead is located just outside the forestry on Mellock Hill but otherwise would have a similar size of turbines (mix of 180m and 200m) and follows the landform in a similar way. As demonstrated in the visualisations, the two arrays would be seen together and often perceived as a larger single array. Page 59 of 248
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46. In terms of landscape character, Craighead and Brunt Hill will be located within same host LCT: 382 Lowland Hill Ranges. Assuming the presence of the operational baseline and Craighead, the addition of the Revised Proposed Development would be to extend the influence of wind energy within this part of the Ochils but not lead to a new occurrence. 47. The nature of significant effects between the Revised Brunt Hill and the consented Craighead would be similar, in that there would be a Significant effect on the Ochil Hills LLA, which the Reporter found to be acceptable for Craighead. There were also similar visual effects at the similar locations within Loch Leven and the communities surrounding it, including Kinross, Milnathort, Crook of Devon, Carnbo, Kinnesswood, Wester and Easter Balgedie, with significant visual effects occurring at a distance of up to around 12-13km in this area to the southeast. Significant landscape effects would be more contained than the visual effects, and largely limited to 5-6km, which is consistent with both developments. 48. LDP2 Policy 39 g) advises that development proposals need to demonstrate that they will conserve the experience of the night sky. A number of measures have been included to reduce the nighttime impact of lighting including reduction of lights to six – visible from Balado, Cleish and Kinnesswood/Balgedie - and reducing the intensity of lighting during periods of clear weather; and design mitigation to reduce the intensity of lighting for Carnbo, Crook of Devon, Powmill, Balado and parts of Kinross and Milnathort. NPF4 Policy 11 takes precedence over LDP2 where there is conflict, and overrides LDP2 policy 39 where it conflicts. However policy 39 provides an expression of local priorities. LDP2 Policy 39 demonstrates that the night sky in these areas are important to people locally. While these will be single steady lights on each of the selected nacelles the effect of the turning turbines will still create a blinking effect when operational. 49. In addition, there will be four nacelle lights included on Craighead. In that instance the Reporter found that whilst the night-time effects as a result of the lighting was found to be adverse, they found it would not be a pivotal consideration. This is consistent with the revised Brunt Hill night-time assessment which found that the impact would be Not Significant, due to the extent of mitigation incorporated. 50. Whilst a large scale wind energy scheme would be expected to result in significant visual impacts, it is acknowledged that significant effects does not automatically translate to unacceptable effects. 51. The Scottish Government gives considerable commitment to renewable energy and encourages planning authorities to support the development of wind farms where they can operate successfully and are situated in appropriate locations. The project has potential to contribute to addressing the climate emergency through additional renewable energy generation. In this regard it is anticipated to contribute an additional 143MW of installed capacity and would make a meaningful contribution toward addressing climate change on the road to net zero. As with all applications, a balancing exercise must be undertaken. The Page 60 of 248
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benefits of the proposal must be weighed against potential drawbacks and then considered in the round, taking account of the relevant policies of the Development Plan, which includes NPF4, as well as all other material planning considerations. In this instance, it is recommended that impacts of the proposal, although significant in some aspects, are broadly acceptable. Residential Amenity 52. NPF4 Policy 11: Energy and LDP2 Policies 33: Renewable and Low-Carbon Energy, 55: Nuisance from Artificial Light and Light Pollution and 56: Noise Pollution are relevant. 53. PKC has engaged an external specialist noise consultant to review the noise and vibration assessment contained in the EIAR. The selected noise sensitive receptors included in the assessment represent the habitable properties surrounding the site that are predicted to experience the highest operational phase noise levels. 54. Technical guidance for the assessment of noise emissions from onshore wind turbines, known as ETSU-R-97, provides comprehensive advice to local authorities across the UK for appraising planning applications for onshore wind developments. The propagation methodology described in the EIAR are appropriate and the resulting turbine noise levels are correct in accordance with good practice. 55. The assessment also considered the cumulative noise levels for Brunt Hill with the adjacent Craighead Wind Farm. The turbine noise levels cumulatively from both wind farms was shown to meet the ETSU-R-97 simplified limit of 35dB. 56. The assessment concludes that the noise levels can meet the ETSU-R-97 noise limits, and an appropriate condition can ensure that residential amenity can be protected. 57. The BESS and other equipment are not close to properties and the level is calculated in the AI at 29dBA at the most affected property. The quality of noise information for this type of equipment is variable and a condition is recommended to control noise of BESS and other ancillary plant. Roads and Access 58. Policy 13 (Sustainable Transport) of NPF4 focuses on sustainable travel and ensures development is sited appropriately. LDP2 Policy 60 (Transport Standards and Accessibility Requirements) requires that local road networks be capable of absorbing traffic generated by development and that satisfactory access is provided. Page 61 of 248
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59. Three access routes to the site are proposed for construction traffic: • From the south using M90 Junction 6 (Kinross), onto the A977 to B918 before turning right onto the U234, then turning left of the A91, then using the new track before the Carnbo Hall which connects and crosses the U219 • From the north using M90 Junction 7 (Hilton), onto the A91 before then using the new track before the Carnbo Hall which connects and crosses the U219 • From the west using the A91 and turning left after the Carnbo Hall using the new track which connects and crosses the U219 60. An assessment of the routes to the site, with the collection of Automatic Traffic Counter data and using Transport Scotland National Traffic Datra System has been undertaken. Automatic Traffic Counter data was collected at three locations, namely the A977, B918 and A91. The results show that on the A977, that there are approximately 6,700 vehicles daily. The B918 carries the lowest number of vehicles with approximately 1,000 vehicles daily. The A91 carried around 2,500 vehicles on a daily basis. The M90 carries between 30,000 and 33,000 vehicles daily. 61. The applicant has undertaken an assessment to determine the impact of the development on the local road network showing the anticipated increase in Total Vehicle and HGVs. The applicant has determined that the peak demand for the development will be during Month 6, where during this period there will 136 two- way trips forecast to be arriving on site per working day, equating to 11 two-way HGV trips per hour assuming a 6-day working week over a 12-hour period. Staff movements are anticipated to be 30 arrivals and 30 departures per day. 62. These figures have then been used to determine the anticipated increase in vehicle numbers and HGVs. On the A977, it is anticipated that there will be an overall increase in traffic movements of 3%, with HGV movements increasing by 11%. The A91 is anticipated to experience an increase in traffic movements of 8% as a result of the development, with HGV movements increasing by 48%. The B918 which carried the least amount of background traffic is anticipated to increase by 20%, with HGV movements increasing by 103% as a result of the development. 63. Insofar as roads matters are concerned, there are no objections to the proposal subject to conditions on core path access, vehicle access and visibility splays, road widening details and the submission of a CTMS. Drainage and Flooding 64. Policy 22 (Flood Risk and Water Management) of NPF4 sets out that proposals will not increase the risk of surface water flooding to others, or itself be at risk, manage all rain and surface water through sustainable urban drainage systems (SUDS) and seek to minimise the area of impermeable surfaces. In addition, Policy 53 (Water Environment and Drainage) of LDP2 sets out that development Page 62 of 248
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proposals at any location and of any scale should protect and where practical improve the water environment. 65. The proposal has undergone a Flood Risk Assessment, identifying potential sources of flooding, including fluvial, surface water, and groundwater. Notably stating a risk along smaller watercourses, although flooding remains largely confined to channels. 66. PKC Flooding and Structures has advised that they have no objections and advise that the following mitigation measures should be followed: maintaining 50–100m buffers from watercourses, implementing a Drainage Strategy, sediment control features such as silt fencing and settlement lagoons, and weather-responsive construction scheduling. 67. Chapter 8 of the Additional Information Report confirms that, with best practice construction methods, a site-specific CEMP and ongoing environmental monitoring, the development is not expected to result in significant adverse effects on surface water flood risk, hydrology, hydrogeology, peat, or geological receptors. Soils and Peat 68. In terms of NPF4 Policy 5, the site includes areas of localised peat deposits, as confirmed through site surveys/peat probing. Policy 5cii supports the development of renewable energy generation proposals on peatland, carbon rich soils and priority peatland habitats, with further information required as per Policy 5d. The development has been designed and sited to minimise the impact on surveyed localised peat deposits, including using existing tracks (to be upgraded) as well as utilising floating tracks on areas identified as peaty soils or peat. 69. Applicants are required to calculate potential carbon losses and savings from wind farms on Scottish peatlands as set out the ECU’s online good practice guidance for applications under Section 36 and 37 of the Electricity Act 1989. 70. The applicant has predicted that greenhouse gas emissions are predicted to be offset 1.3 years (16 months) after the proposed development becomes operational against a fossil fuel mix of electricity, and 2.6 years (31 months) against a grid-mix of electricity. The proposal is predicted to deliver total emissions savings of 4,785,638 tCO2e over its 35-year operational lifetime against a fossil fuel mix of electricity. Conservation Considerations 71. NPF4 Policy 7 (Historic Assets and Places) and LDP2 Policies 26 (Scheduled Monuments and Archaeology) and 27 (Listed Buildings) are relevant to the development. A Cultural Heritage Assessment (CHA) has been submitted in support of the development as part of the EIAR. Page 63 of 248
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72. The assessment considers the direct and indirect effects of the proposed wind farm on heritage assets, including an assessment on the setting of designated sites within the vicinity of the wind farm. Perth and Kinross Heritage Trust (PKHT) has been consulted on the proposal and advised that they are in broad agreement with the mitigation measures proposed for undesignated assets as outlined in the CHA. 73. It is recommended that a Written Scheme of Investigation be submitted which will outline in full the archaeological mitigation across the development site. PKHT has offered the following comments to inform the WSI: • In section 11.8.2 note the requirement for curator/PKHT agreement in advance of any changes to an agreed WSI with regards to micro siting and methodology. • MPK6344 should be provided with an adequate buffer (20m or more) to ensure adequate protection. Works adjacent to this will require archaeological monitoring. • MPK15377 -farmstead. This site should be simply demarcated for foresters in advance of felling to ensure no damage during tree felling works. I am happy with the proposal of fencing off requirement during construction fence, again with appropriate buffer. • Agree with 11.8.5 for requirements for areas to be archaeological monitored to be agreed in advance under WSI condition. • Given the location of the site and the generally poor record of upland archaeology (less development/ agricultural disturbance alongside survey) the WSI should consider monitoring areas where perhaps little is known of the area but landscape wise the site lends itself to potential occupation. These discussions can be part of the finer details when agreeing the WSI. 74. Therefore, it is recommended that a programme of archaeological work for a Written Scheme to appropriate address pre-construction works (fencing/buffers), construction phase monitoring alongside an outline of recording and safeguarding any unknown archaeology identified during the course of the development. 75. While it is for the ECU to balance the conclusions and responses from the various consultees to the proposed development, it is worth noting that HES initially objected to the proposal due to it having a significant adverse impact on Kinross House and its designed landscape. Following the revision to the layout and design of the wind farm, HES have considered that while the development would have an impact on Kinross House and its designed landscape, the impact has been reduced to a level where they have removed their objection. Natural Heritage and Biodiversity 76. Policy 3 (Biodiversity) of NPF4 and Policy 41 (Biodiversity) of LDP2 are applicable to the proposal. In addition, NPF4 Policy 6 (Forestry, Woodland and Page 64 of 248
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Trees) and LDP2 Policies 40A (Forest and Woodland Strategy) and 40B (Trees, Woodland and Development). 77. Chapter 9 of the EIAR refers to Ecology and Chapter 15 relates to Forestry and Other Environmental Issues. PKC’s Tree and Biodiversity Officer has made the following comments in respect of the EIAR: • The submitted information on badgers is not clear as distances of the badger setts in relation to the turbines is only provided for three subsidiary setts. No distances are provided for the main sett nor two outlier setts. • Distances of trees with bat roost potential are only provided from turbines, not the access track. • The proposed mitigation in section 9.8 is reasonable. The BCT Bat Lighting Guidelines should be incorporated into the CEMP. 78. The required forestry removal includes 63.30ha for infrastructure 175.77ha for management felling. Compensatory planting is proposed but the location of the site for compensatory planting has not yet been identified. 79. The EIAR states that 5% mixed broadleaf would be proposed as part of the compensatory planting which provides little for biodiversity and is not in accordance with the themes and opportunities in the PKC Forest and Woodland Strategy Supplementary Guidance - Forest & Woodland Strategy - Perth & Kinross Council. Planting non-native conifers is also creating a future non-native seed source for unwanted regeneration across the site. 80. PKC are a consultee to Scottish Forestry for Long Term Forest Plans and would provide the following comments if the submitted was proposed: • More native species should be incorporated to provide a more diverse species mix that will be more resilient in a changing climate. • Deer control is a more sustainable and long-term approach to deer population management than fencing and is encouraged. 81. Habitat surveys undertaken concluded that the habitats present on site remain dominated by conifer plantation, with broadleaved woodland present in isolated patches throughout the site. Multiple minor watercourses cross the site. As the site transitions into an upland environment, heathland becomes a more prevalent habitat type, whilst in the lowland areas of the Site modified and acid grassland are more common habitats. 82. Surveys of fauna concluded that the site supports populations of red squirrel, badger, otter, pine marten, herpetofauna, and bats, with the populations recorded ranging from Less than Local to Regional importance. The design of the revised proposed development and embedded mitigation measures have focused on avoiding important habitat for these species, minimising potential for injury, killing, disturbance, and displacement of individuals. Mitigation measures include the completion of pre-construction surveys for red squirrel, badger, otter, pine Page 65 of 248
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marten, and bats to determine whether further measures would be required to avoiding disturbing these species. 83. Cumulative effects of the proposal in combination with other wind farm developments has concluded that there will be no cumulative impacts on ecology receptors. 84. Overall, should the application be approved it is recommended that conditions are imposed to secure: locations and revised details of the compensatory planting to ensure an appropriate proportion of mixed broadleaf trees to contribute towards biodiversity, a CEMP - including measures to mitigate impacts of lighting on nocturnal species, a revised Biodiversity Net Gain Plan/Habitat Management Plan, details of monitoring arrangements and details of the ECOW. Economic Impact 85. NPF4 Policy 11(c) advises that development proposals will only be supported where they maximise net economic impact, including local and community socio- economic benefits such as employment, associated business and supply chain opportunities. 86. A Socio-Economic Appraisal has been submitted in support of the proposal. The Appraisal predicts the following socio-economic beneficial impacts: • Construction Phase: − £21.6 million gross value added (GVA) and 298.6 job years within Scotland; of which − £10.7 million GVA and 143.7 job years within Perth and Kinross. • Operational Phase: − £112.9 million GVA and 1665.9 job years within Scotland (directly and indirectly supporting approximately 47.6 jobs annually); of which − £80.5 million GVA and 1121.9 job years within Perth and Kinross (directly and indirectly supporting approximately 32.1 jobs). • Community Funding: − £5,000 per MW per annum for community benefit funds totalling £468,000 per annum, equivalent to £16.4 million over the Revised Proposed Development’s 35-year operational lifetime; − £547,965 per annum for non-domestic rates, equivalent to £19.2 million over the Revised Proposed Development’s 35-year operational lifetime. 87. The predicted local net economic and employment effects outlined above are based on industry standard assumptions of the percentage of each contract that could be met within each study area based on previous case studies. Page 66 of 248
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Planning Obligations and Legal Agreements 88. A bond or other form of financial guarantee will be required for site decommissioning, restoration and aftercare. Further details are outlined in Conditions 27 – 29. Conclusion and Reasons for Recommendation 89. The Scottish Government gives considerable commitment to renewable energy and encourages planning authorities to support the development of wind farms where they can operate successfully and are situated in appropriate locations. The project has potential to contribute to addressing the climate emergency through additional renewable energy generation. In this regard it is anticipated to contribute an additional 143MW of installed capacity and would make a meaningful contribution toward addressing climate change on the road to net zero. As with all applications, a balancing exercise must be undertaken. The benefits of the proposal must be weighed against potential drawbacks and then considered in the round, taking account of the relevant policies of the Development Plan, which includes NPF4, as well as all other material planning considerations. In this instance, it is recommended that impacts of the proposal, although significant in some aspects, are broadly acceptable. It is therefore recommended that no objection is made to the proposal. Recommendation No objection subject to the following conditions: Conditions and Reasons for Recommendation Commencement of Development 1. The Development must be commenced no later than 3 years from the date of this planning permission. Written confirmation of the intended date of Commencement of Development shall be provided to the Planning Authority no later than one calendar month before that date. Reason - Section 58 of the Town and Country Planning (Scotland) Act 1997 requires a condition to be attached to permissions limiting their duration. Three years is the default period set by law and there is no material reason indicating that a different period should be set. Design of Wind Turbines 2. No turbines shall be erected until details and specification of the proposed wind turbines (including the size, make and model, power rating and sound power levels, nameplate generating capacity, type, external finish and colour) and all Page 67 of 248
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turbine associated apparatus have been submitted to and approved in writing by the Planning Authority. The submission shall demonstrate that all wind turbine blades shall rotate in the same direction. Thereafter the wind turbines and all associated apparatus shall be constructed and operated in accordance with the details approved under part (1) and shall be maintained in the free from external rust, staining or discolouration, until such time as the Development is decommissioned. Reason - To ensure that the environmental impacts of the turbines forming part of the Development conform to the impacts assessed in the EIA Report and in the interests of the visual amenity of the area. Design of Sub-station and ancillary development 3. There shall be no Commencement of Development of the sub-station until final details of its location, layout, external appearance, dimensions, and surface materials, and control room buildings, any above ground electrical equipment, associated compounds, construction compound, boundary fencing, external lighting and parking areas have been submitted to, and approved in writing by, the Planning Authority. Thereafter, the substation and control room buildings, any above ground electrical equipment, associated compounds, fencing, external lighting and parking areas shall be constructed in accordance with the details approved under part (1). Reason - To ensure that the environmental impacts of the sub-station and ancillary development forming part of the Development conform to the impacts assessed in the EIA Report and in the interests of the visual amenity of the area. Design of Energy Storage Facility 4. There shall be no Commencement of Development on the energy storage facility until details of the location, layout, external finishes and appearance, dimensions and surface materials of the energy storage facility, inclusive of battery containers, substation(s), control buildings, external above ground electrical equipment, associated compounds, construction compound, boundary fencing and other enclosures, external lighting, security cameras and parking areas have been submitted to, and approved in writing by, the Planning Authority. For the avoidance of doubt the details of the energy storage facility shall not exceed the parameters assessed in the EIA Report. Thereafter, the battery energy storage facility shall be constructed in accordance with the details approved under part (1) and the infrastructure shall be Page 68 of 248
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maintained in the approved colour, free from rust, staining or discolouration until such time as the Development is decommissioned. Reason - To ensure that the environmental impacts of the energy storage facility forming part of the Development conform to the impacts assessed in the EIA Report and in the interests of the visual amenity of the area. Signage 5. No part of the Development shall display any text, logo, sign or advertisement (other than health and safety signage as required by law) or be illuminated (with the exception of aviation safety lighting). Reason - In the interests of health and safety on site and the visual amenity of the area. Micro-siting 6. All wind turbines, buildings, areas of hardstanding, associated infrastructure and tracks shall be constructed in the locations shown on plan reference Volume 3a, Figure 3.1 Revised Proposed Development read in conjunction with Volume 2, Chapter 3 - Description of Proposed Development of the Additional Information Report. The locations of wind turbines, buildings, areas of hardstanding and tracks may be adjusted by micro-siting within the redline boundary shown on plan reference Figure 3.1 Revised Proposed Development of the Additional Information Report. Any such micro-siting is subject to the following restrictions unless otherwise approved in advance in writing by the Planning Authority: (a) no wind turbine, building, hardstanding or access track shall be moved more than 50m from the position shown on Figure 3.1 Revised Proposed Development of the Additional Information Report and at the grid references set out in Volume 2, Chapter 3 of the AI Report; (b) No micro-siting shall take place with the result that infrastructure (excluding floating tracks or hardstanding) has a greater overall impact on peat than the original location; (c) no infrastructure other than as required for a water course crossing or water crossing upgrading works shall be microsited to within 50 metres of a water course; (d) No wind turbine foundation shall be positioned higher than 5m Above Ordnance Datum (AOD) than the position for that turbine shown at the grid references set out in Volume 2, Chapter 3 of the AI Report. (e) no micro-siting shall take place which will bring the wind turbine blade tips closer than 50m stand-off distance to high-value bat habitat. All micro-siting permissible under this condition shall be submitted to, and approved in writing by, the Environmental Clerk of Works (ECoW) in advance of any works or development associated with the micrositing request being implemented. Page 69 of 248
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No later than three months after the Date of Final Commissioning, an updated site layout plan showing the final position of all wind turbines, buildings, areas of hardstanding, tracks and associated infrastructure forming part of the Development shall be submitted to the Planning Authority. The plan shall also specify areas where micrositing has taken place and, for each instance, be accompanied by copies of the ECoW or Planning Authority’s approval, as applicable. Reason - to control environmental impacts while taking account of local ground conditions. Planning Monitoring Officer 7. There shall be no Commencement of Development until the terms of appointment by the developer of an independent and suitably qualified consultant as Planning Monitoring Officer (PMO) have been submitted to, and approved in writing by, the Planning Authority. The terms of appointment shall: (a) impose a duty to monitor compliance with the terms of the planning permission and the conditions attached to it; (b) require the PMO to submit a monthly report to the Planning Authority summarising works undertaken on site, matters of compliance or otherwise with the terms of the planning permission and conditions attached to it, alongside a summary of the incidents recorded and reported by the ECoW; and (c) require the PMO to report to the Planning Authority any incidences of non- compliance with the terms and conditions of the planning permission at the earliest practical opportunity, and no later than 10 working days following the incidence of non-compliance. The PMO shall be appointed on the approved terms throughout the period from Commencement of Development to completion of construction works and post- construction site reinstatement works. Prior to the decommissioning, restoration and aftercare phases of the Development or the expiration of the operational period of the planning permission (whichever is the earlier), details of the terms of appointment of a suitably qualified consultant as PMO by the Company/operator throughout the decommissioning, restoration and aftercare phases of the Development shall be submitted to, and approved in writing by the Planning Authority. The PMO shall be appointed on the terms approved under part (3) throughout the decommissioning, restoration and aftercare phases of the Development. Reason - To ensure compliance with the planning permission and the conditions attached to it. Page 70 of 248
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Environmental Clerk of Works 8. There shall be no Commencement of Development until the terms of appointment of an independent Environmental Clerk of Works (ECoW) have been submitted to, and approved in writing by, the Planning Authority. The terms of appointment shall: (a) impose a duty to monitor compliance with the environmental commitments provided in the EIA Report, including any micrositing under condition 5, the Construction and Environmental Management Plan approved under condition 9, the Biodiversity Enhancement Plan approved under condition 15, the Habitat Management and Monitoring Plan under Condition 16 and any species or habitat management plans identified in the EIA Report, (“the ECoW works”); (b) require the ECoW to report to the nominated construction project manager, developer and Planning Authority any incidences of non-compliance with the ECoW works at the earliest practical opportunity; (c) require the ECoW to submit a monthly report to the construction project manager, developer and Planning Authority summarising works undertaken on site. Prior to the decommissioning, restoration and aftercare phases of the Development or the expiration of the operational period of the planning permission (whichever is the earlier), details of the terms of appointment of a suitably qualified, experienced, and independent ECoW by the Company throughout the decommissioning, restoration and aftercare phases of the Development shall be submitted to, and approved in writing by the Planning Authority. the ECoW shall be appointed on the terms approved under part (2) throughout the decommissioning, restoration and aftercare phases of the Development. Reason - To secure effective and transparent monitoring of and compliance with the environmental mitigation and management measures associated with the Development during the construction, decommissioning, restoration and aftercare phases. Construction and Environmental Management Plan 9. There shall be no Commencement of Development until a Construction and Environmental Management Plan (CEMP) containing site specific details of all on-site construction works, post-construction reinstatement, drainage and mitigation, together with details of their timetabling, has been submitted to, and approved in writing by, the Planning Authority. The CEMP shall be informed by the site and ground investigation works and best practice guidance. Page 71 of 248
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The CEMP shall include: (a) a site waste management plan (dealing with all aspects of waste produced during the construction period other than peat and other carbon rich soils), including details of contingency planning in the event of accidental release of materials which could cause harm to the environment, evidencing adherence with SEPA’s guidance and the requirements of the waste management licensing regime as appropriate; (b) details of the location, layout, formation of the construction compound, welfare facilities, any concrete batching plant (including disposal of pH-rich waste water and substances), any areas of hardstanding, turning areas, internal access tracks, car parking, material stockpiles, oil, fuel and chemical storage, lighting columns, and any construction compound boundary fencing required for the construction period; (c) a dust management plan detailing all mitigation/dust suppression measures intended to reduce the impacts of dust on site, including measures to reduce dust on roads; (d) details of measures to be taken to prevent loose or deleterious material being deposited on the local road network including wheel cleaning and lorry sheeting facilities, and measures to clean the site entrances and the adjacent local road network; (e) a Pollution Prevention and Incident Plan incorporating a Pollution Prevention Plan, Pollution Incident Plan and a Pollution Control Monitoring Plan, with measures to protect watercourses, groundwater, management of natural surface hydrological flows (flushes, springs, etc.) and protection of peatland/soils, arrangements for the storage and management of oil and fuel and other chemicals on the site and sewage disposal and treatment; (f) details of soil storage and management including outline quantities, locations (other than peat and other carbon rich soils) management of long term storage of construction generated to facilitate future site restoration; (g) a drainage management strategy, demonstrating how all surface and waste water arising during and after construction is to be managed and prevented from impacting on the water environment and to mitigate flood risk; (h) a surface water and groundwater management and treatment plan, including details of the separation of clean and dirty water drains, and location of settlement lagoons for silt laden water; (i) details of temporary site illumination, including measures to ensure light spill/pollution is minimised and avoids habitats within the site and does not extend beyond the immediate working area, and not beyond the site boundary; (j) Protected Species Plan, informed by any protected species surveys carried out. The Plan shall provide mitigation measures in line with Summary of Mitigation, as required, and a timetable for implementation. (k) details of the construction of the access into the site, including associated drainage and the creation and maintenance of associated visibility splays; (l) Construction Method Statements for the following: i. crane pads; ii. turbine foundations; iii. working cable trenches; iv. erection of the wind turbines; v. Substation compound formation, erection of associated buildings and ancillary infrastructure; vi. all roads/tracks to be altered/formed within the Page 72 of 248
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site including their width, means of drainage (which shall have regard to SUDS principles), means of construction, and edge reinstatement including verge width. vii. watercourse crossings including full details and plans of the design and specification of all new and upgraded watercourse crossings to be constructed; (m) details of post-construction restoration/reinstatement of the working areas not required during the operation of the Development; (n) a tree felling and management plan; (o) A Construction Noise Management Plan including details of the management of noise and vibration during construction and post- construction restoration, including that caused by construction traffic, in accordance with BS 5228:2009 “Code of Practice for noise and vibration control on construction and open sites – Part 1: Noise and Part 2: Vibration” (or any updated version/document which superseded this document) and how any properties likely to be affected by construction noise will be kept informed; (p) Construction Method Statements for all roads/tracks to be altered/formed within the development site including their width, likelihood of widening or passing places, means of drainage (which shall have regard to SUDS principles), means of construction, and edge reinstatement including verge width. The specification shall be accompanied by relevant plans at a scale sufficient; (q) the cable trenches; (r) A phasing plan for the construction works; and (s) A written scheme which details the methodology for dealing with any revisions to any of the documents required under this part (2). Any revised documents will require to be submitted to and approved in writing by the Planning Authority prior to the revisions being implemented on site. The Development shall be implemented in accordance with the CEMP approved under part (1) unless otherwise approved in advance in writing by the Planning Authority. Reason - To ensure that all construction operations are carried out in a manner that minimises their impact on road safety, amenity and the environment, and that the mitigation measures contained in the EIA Report Borrow Pits – Scheme of Works 10. There shall be no Commencement of Development until a scheme for the working and restoration of each borrow pit forming part of the Development has been submitted to, and approved in writing by, the Planning Authority. The scheme shall provide: (a) a detailed working method statement based on site survey information and ground investigations; (b) details of the handling of any overburden (including peat, soil and rock); Page 73 of 248
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(c) drainage measures, including measures to protect and manage surrounding areas of peatland, water dependant sensitive habitats and ground water dependent terrestrial ecosystems from drying out; (d) a programme of implementation of the works described in the scheme; and (e) Outline details of the reinstatement, restoration and aftercare of the borrow pit(s) to be undertaken at the end of the construction period, including topographic surveys of pre-construction profiles and details of topographical surveys to be undertaken of the restored borrow pit profiles. The scheme approved under part (1) shall thereafter be implemented in full following Commencement of Development. Reason - To ensure that excavation of materials from the borrow pit(s) is carried out in a manner that minimises the impact on amenity and the environment, and to secure the restoration of borrow pit(s) at the end of the construction period. Borrow Pits – Blasting 11. No blasting shall take place until a scheme specifying blast monitoring locations is submitted to and approved in writing by the Planning Authority. Ground vibration from blasting shall not exceed a peak particle velocity of 6mm/second at the blasting monitoring locations approved in the scheme. The measurement is to be the maximum of three mutually perpendicular directions taken at the ground surface. Unless otherwise approved in writing in advance by the Planning Authority, blasting shall only take place between the hours of 10.00 to 16.00 on Monday to Friday inclusive and 10.00 to 12.00 on Saturdays, with no blasting taking place on a Sunday or on a Public Holiday. The scheme shall be implemented as approved. Reason - To ensure that blasting activity is carried out within defined parameters and timescales to control impact on amenity. Construction Hours 12. Construction work shall only take place between the hours of 07.00 to 18.00 on Monday to Friday inclusive and 07.00 to 13.00 on Saturdays, with no construction work taking place on a Sunday or Public Holiday. Outwith these specified hours, maintenance works, emergency works and construction works shall be limited to concrete pours, wind turbine erection, dust suppression, and the testing of plant and equipment, unless otherwise approved in advance in writing by the Planning Authority. HGV movements (excluding abnormal loads) to or from the site during construction of the wind farm shall be limited to 07.00 to 18.00 Monday to Friday Page 74 of 248
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(inclusive), and 07.00 to 13.00 on Saturdays, with no HGV movements to or from site taking place on a Sunday or Public Holiday. Outwith these hours, and subject to paragraph (1), HGV movements are to be limited to wind turbine delivery (unless otherwise approved in advance in writing by the Planning Authority). Reason - In the interests of local amenity. Traffic Management Plan 13. There shall be no Commencement of Development until a Construction Traffic Management Plan (CTMP) has been submitted to, and approved in writing by, the Planning Authority. The CTMP shall provide: (a) the routeing of all traffic associated with the Development on public roads; (b) measures to ensure that the specified routes are adhered to, including monitoring procedures; (c) details of all signage and lining arrangements to be put in place; (d) provisions for emergency vehicle access; (e) provision for the submission and agreement of a roads condition survey pre- and post-construction, to ensure the delivery of any post-construction public road restoration that may be required; and (f) identification of a nominated person to whom any road safety issues can be referred. The approved CTMP shall thereafter be implemented in full, unless otherwise approved in advance in writing by the Planning Authority. Reason - In the interests of road safety. Abnormal Loads 14. There shall be no abnormal load deliveries to the site until an Abnormal Load Route Assessment Report has been submitted to and approved in writing by the Planning Authority. The Abnormal Load Route Assessment Report shall provide: (a) Details of a communications strategy to inform the relevant communities of the programme of abnormal load deliveries; (b) Details of any accommodation measures required for the local road network including the removal of street furniture, junction widening, visibility splays and traffic management; (c) Any additional signing or temporary traffic control measures deemed necessary on the trunk road network due to the size or length of any loads being transported must be undertaken by a recognised QA traffic management consultant; (d) Details of the route for abnormal loads on the local and trunk road networks and any recommendations for delivery of abnormal loads; Page 75 of 248
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(e) An assessment of the capacity of any bridge crossings on the route to cater for abnormal loads, and details of proposed upgrades and mitigation measures required for any bridge crossings; and (f) A plan for access by vehicles carrying abnormal loads, including but not limited to the number and timing of deliveries and the length, width and axle configuration of all such traffic associated with the Development. Prior to the first delivery of an abnormal load, a programme for abnormal load deliveries shall be submitted to, and be approved in writing by, the Planning Authority. Prior to any movement of abnormal loads (including trial runs) the Company must complete any mitigation works set out in in the scheme approved under part (1) of this condition, and maintain such measures during the period of abnormal load deliveries. The trial-run shall be undertaken in accordance with the details approved under part (1) prior to the movement of any abnormal loads. The details in the approved report shall thereafter be implemented in full prior to the first delivery of an abnormal load. Reason - In the interest of road safety and to ensure that abnormal loads access the site in a safe manner. Vehicular Access 15. No development in connection with the permission hereby granted shall commence unless the vehicular access has been provided and surfaced in accordance with Perth & Kinross Council's Road Development Guide Type E Figure 5.8 access detail, of Type B Road construction detail. The Type B Road construction detail shall continue into the entrance for a distance of 10.5 metres. Once provided, the vehicular and pedestrian access shall thereafter be permanently retained as such. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. Biodiversity Enhancement Plan 16. There shall be no Commencement of Development until a Biodiversity Enhancement Plan (BEP) taking account of the Outline BEP (Technical Appendix 9.4 of the EIA Report), has been submitted to, and approved in writing by, the Planning Authority. The BEP shall set out proposed habitat management of the site during the period of construction, operation, and decommissioning, restoration and aftercare, and Page 76 of 248
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shall provide for the maintenance and enhancement of the habitats set out in the Outline BEP on site. The BEP shall provide provision and details for regular monitoring and review to be undertaken against the BEP objectives for the full lifetime of the windfarm, and reasonable measures for securing amendments or additions to the BEP in the event that the BEP objectives are not being met. The approved BEP (as amended from time to time with written approval of the Planning Authority) shall be implemented in full in line with the timescales set out in the approved plan. Reason - In the interests of good land management and the protection of habitats. Habitat Management and Monitoring Plan 17. There shall be no Commencement of Development until a Habitat Management Plan (HMP) taking account of the Outline/Draft Habitat Management Plan (Technical Appendix 9.8 of the EIA Report), has been submitted to, and approved in writing by the Planning Authority The HMP shall set out proposed habitat management of the site during the period of construction, operation, and decommissioning, restoration and aftercare, and shall provide for the maintenance, monitoring and reporting of habitat on site. The HMP shall provide provision and details for regular monitoring and review to be undertaken against the HMP objectives and reasonable measures for securing amendments or additions to the HMP in the event that the HMP objectives are not being met. Until otherwise approved in advance in writing by the Planning Authority, the approved HMP (as amended from time to time with written approval of the Planning Authority) shall be implemented in full in line with the timescales set out in the approved plan. Reason - In the interests of good land management and the protection of habitats. Compensatory Planting 18. No felling or development shall commence, including site and ground investigations until a woodland planting scheme to compensate for the removal of 63.3 hectares of existing woodland (“the Replanting Scheme”) has been submitted to and approved in writing by the Planning Authority. Page 77 of 248
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The Replanting Scheme shall provide: (a) details of the location of the area(s) to be planted, including a map and description of current land use; (b) the nature, design/layout, species composition, purpose and specification of the proposed woodland to be planted; (c) the phasing and associated timescales for implementing the Replanting Scheme; (d) proposals for reporting to the Planning Authority on compliance with timescales for obtaining the necessary consents and thereafter implementation of the Replanting Scheme; (e) proposals for the maintenance and establishment of the woodland to be planted, including annual checks, replacement planting, fencing, ground preparation and drainage; and (f) details evidencing compliance with The UK Forestry Standard and the Scottish Government’s Policy on Control of Woodland Removal (as amended or replaced from time to time). The Replanting Scheme approved under part (1) of this condition shall be implemented in full, unless otherwise agreed in writing by the Scottish Ministers in consultation with the Planning Authority. Reason - To secure replanting to mitigate against effects of deforestation arising from the Development. Programme of Archaeological Works 19. 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 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 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 the protection or recording of archaeological features on the site. Page 78 of 248
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Peat and Carbon Rich Soils Management Plan 20. There shall be no Commencement of Development until a detailed Peat and Carbon Rich Soils Management Plan (PMP) has been submitted to and approved in writing by the Planning Authority in consultation with SEPA. The PMP shall: (a) take account of site and ground investigations to minimise the loss of peat and other carbon rich soil and minimise carbon loss; (b) include actions, including micrositing, to minimise excavated peat and other carbon rich soils volumes; (c) encourage use of excavated peat and other carbon rich soils in an appropriate manner; and (d) follow good practice for handling, storing and reinstating peat and other carbon rich soils. The PMP shall thereafter be implemented as approved. Reason - To ensure that disruption to peat is minimised. Operational Noise (Turbines) 21. The rating level of noise imissions from the combined effects of the wind turbines forming part of the Development (including the application of any tonal penalty) when determined in accordance with the attached Guidance Notes for this condition, shall not exceed the values for the relevant integer wind speed set out in, or derived from, Table 1 at those properties identified or any dwelling which is lawfully existing or has planning permission at the date of this submission. Amplitude modulation should also be considered and Modifications to the AM penalty should be made taking into account “Wind Turbine Noise Amplitude Modulation Penalty Considerations” – Proceedings of the Institute of Acoustics Vol. 40. Pt. 1. 2018 and “Subjective responses to wind turbine noise amplitude modulation: pooled analysis of laboratory listening studies and synthesis of an AM character rating penalty”. Lotinga and Lewis. Proceedings of ninth international conference on wind turbine noise, 2021. NSR Name Standardised 10m wind speed (m/s) 4 5 6 7 8 9 10 11 12 1 Broadheadfold 27.3 30.9 34.2 34.2 34.2 34.2 34.2 34.2 34.2 2 Greenhill Cottage 28.1 31.7 35.0 35.0 35.0 35.0 35.0 35.0 35.0 3 Greenhill Farm 28.4 32.0 35.3 35.3 35.3 35.3 35.3 35.3 35.3 4 Littlerig 25.6 29.2 32.5 32.5 32.5 32.5 32.5 32.5 32.5 5 Earnieside Cottage 21.8 25.4 28.7 28.7 28.7 28.7 28.7 28.7 28.7 6 Earnieside Farmhouse 21.8 25.4 28.7 28.7 28.7 28.7 28.7 28.7 28.7 7 Braughty Farm 23.1 26.7 30.0 30.0 30.0 30.0 30.0 30.0 30.0 Page 79 of 248
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NSR Name Standardised 10m wind speed (m/s) 4 5 6 7 8 9 10 11 12 8 Craighead Farm 24.1 27.7 31.0 31.0 31.0 31.0 31.0 31.0 31.0 9 Craighead Bungalow 23.9 27.5 30.8 30.8 30.8 30.8 30.8 30.8 30.8 10 Golland Farm (FI) 24.8 28.4 31.7 31.7 31.7 31.7 31.7 31.7 31.7 11 Ledlation House 27.2 30.8 34.1 34.1 34.1 34.1 34.1 34.1 34.1 12 Ledlation Farm 25.9 29.5 32.8 32.8 32.8 32.8 32.8 32.8 32.8 13 Stronachie Cottage 24.8 28.4 31.7 31.7 31.7 31.7 31.7 31.7 31.7 14 Stronachie Lodge 24.9 28.5 31.8 31.8 31.8 31.8 31.8 31.8 31.8 15 Kalevala 24.9 28.5 31.8 31.8 31.8 31.8 31.8 31.8 31.8 16 Stronachie House 24.8 28.4 31.7 31.7 31.7 31.7 31.7 31.7 31.7 17 Middlerigg 25.2 28.8 32.1 32.1 32.1 32.1 32.1 32.1 32.1 18 Knowehead 30.2 33.8 37.1 37.1 37.1 37.1 37.1 37.1 37.1 Table 1: Revised Proposed Development Predicted Noise Levels (Day and Night) The turbines shall be designed to permit individually controlled operation or shut down at specified wind speeds and directions in order to facilitate compliance with noise criteria. The Company shall continuously log power production, wind speed and wind direction at each wind turbine all (in accordance with Guidance Notes). These data shall be retained for a period of not less than 24 months. The data will include details of the mode in which each of the turbines will be operated during each ten minute period depending on the wind conditions in that ten minute period. The Company shall provide this information to the Planning Authority, in the format set out in the Guidance Notes, within 14 days of receipt in writing of a request to do so. Prior to the Date of First Commissioning, the developer shall have submitted to, and received written approval of the Planning Authority of, a list of proposed independent consultants who will undertake compliance measurements in accordance with this condition. Amendments to the list of approved consultants shall be made only with the prior written approval of the Planning Authority. Within 21 days from receipt of a written request from the Planning Authority, following a complaint to it from an occupant of a dwelling alleging noise disturbance at that dwelling, the developer shall employ a consultant approved by the Planning Authority in terms of part (4) above to assess the level of noise immissions from the wind farm at the complainant’s property (or a suitable alternative location agreed in writing by the Planning Authority). The written request from the Planning Authority shall set out at least the date, time and Page 80 of 248
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location to which the complaint relates and any identified atmospheric conditions, including wind direction, and include a statement as to whether, in the opinion of the Planning Authority, the noise giving rise to the complaint contains or is likely to contain a tonal component. The assessment of the rating level of noise immissions in terms of part (5) above shall be undertaken in accordance with the Guidance Notes and an assessment protocol that shall previously have been submitted to and approved in writing by the Planning Authority. The protocol shall include the proposed measurement location(s) where measurements for compliance checking purposes shall be undertaken, whether noise giving rise to the complaint contains or is likely to contain a tonal component, and also the range of meteorological and operational conditions (which shall include the range of wind speeds, wind directions, power generation and times of day) to determine the assessment of rating level of noise immissions. The proposed range of conditions shall be those which prevailed during times when the complainant alleges there was disturbance due to noise, having regard to the written request of the Planning Authority under paragraph (5) above. Where the property to which a complaint is related is not listed by name or location in Table 1 at part (1) of this condition, the Company shall submit to the Planning Authority, for its written approval, proposed noise limits selected from those listed in Table 1 to be adopted at the complainant’s property for compliance checking purposes, prior to compliance checking. The proposed noise limits are to be those limits selected from Table 1 specified for a listed location which the independent consultant considers as being likely to experience the most similar background noise environment to that experienced at the complainant’s property. The protocol shall include a justification of the choice of the representative background levels to determine compliance at the complainant’s property. The resultant noise limits selected shall include, where appropriate, any limit apportionment to account for consented levels from cumulative wind farm developments. The rating level of noise immissions resulting from the combined effects of the wind turbines when determined in accordance with the Guidance Notes and approved Noise Assessment Protocol shall not exceed the noise limits approved in writing by the Planning Authority for the complainant’s property. In the event that a complainant does not allow the Company access to undertake a compliance assessment, the assessment protocol shall set out details of the proposed alternative representative measurement position, prior to the commencement of measurements, and the measurements shall be undertaken at the approved alternative representative measurement location. The Company shall provide to the Planning Authority the independent consultant’s assessment of the rating level of noise immissions undertaken in accordance with the Guidance Notes and the approved Noise Assessment Protocol within two months of the date of the written request of the Planning Page 81 of 248
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Authority for compliance measurements to be made under part (5), unless the time limit is extended in writing by the Planning Authority. The assessment shall include all data collected for the purposes of undertaking the compliance measurements, such data to be provided in the format set out in the Guidance Notes. The instrumentation used to undertake the measurements shall be calibrated in accordance with the Guidance Notes and certificates of calibration shall be submitted to the Planning Authority with the independent consultant’s assessment of the rating level of noise immissions. Where a further assessment of the rating level of noise immissions from the wind farm is required pursuant to (in accordance with the Guidance Notes), the Company shall submit a copy of the further assessment within 21 days of submission of the independent consultant’s assessment pursuant to part (8) above unless the time limit has been extended in writing by the Planning Authority. Reason - to protect nearby residents from undue noise and disturbance and to ensure that noise limits are not exceeded and to enable prompt investigation of complaints. Guidance Notes for Operational Noise Condition These notes are to be read with and form part of the noise condition. They further explain the condition and specify the methods to be employed in the assessment of complaints about noise immissions from the wind farm. The rating level at each integer wind speed is the arithmetic sum of the wind farm noise level as determined from the best-fit curve described in Guidance Note 2 of these Guidance Notes and any tonal penalty applied in accordance with Guidance Note 3. Reference to ETSU-R-97 refers to the publication entitled “The Assessment and Rating of Noise from Wind Farms” (1997) published by the Energy Technology Support Unit (ETSU) for the Department of Trade and Industry (DTI). IOA GPG is “A Good Practice Guide to the Application of ETSU-R-97 for the Assessment and Rating of Wind Turbine Noise” (2013) and includes Supplementary Guidance Notes 1 to 5 of the IOA GPG. Guidance Note 1 (a) The LA90,10 minute noise statistic should be measured in accordance with the IOA GPG. Measurements shall be undertaken in such a manner to enable a tonal penalty to be applied in accordance with Guidance Note 3. (b) To enable compliance with the conditions to be evaluated, the Company shall continuously log arithmetic mean wind speed in metres per second and wind direction in degrees from north for each turbine and arithmetic mean power generated by each turbine, all in successive 10-minute periods. All 10 minute periods shall commence on the hour and in ten minute increments thereafter, synchronised with Universal Coordinated Time (UTC). The wind speeds at turbine hub height shall be 'standardised' to a reference height of ten metres as described in ETSU-R-97 at page 120 Page 82 of 248
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using a reference roughness length of 0.05 metres. Unless an alternative procedure is previously agreed in writing with the Planning Authority, It is these standardised ten metre height wind speed data which are correlated with the noise measurements determined as valid. (c) Data provided to the Planning Authority in accordance with the noise condition shall be provided in comma separated values in electronic format unless otherwise agreed in writing with the Planning Authority. (d) A data logging rain gauge shall be installed in the course of the assessment of the levels of noise immissions. The gauge shall record over successive 10-minute periods synchronised with the periods of data recorded in accordance with Note 1(b). Guidance Note 2 (a) The noise measurements shall be made so as to provide not less than 20 valid data points as defined in Guidance Note 2 (b) (b) Valid data points are those measured in the conditions specified in the agreed written protocol, but excluding any periods of rainfall measured in the vicinity of the sound level meter. Rainfall shall be assessed by use of a rain gauge that shall log the occurrence of rainfall in each 10 minute period concurrent with the measurement periods set out in Guidance Note 1. In specifying such conditions the Planning Authority shall have regard to those conditions which prevailed during times when the complainant alleges there was disturbance due to noise or which are considered likely to result in a breach of the limits. (c) For those data points considered valid in accordance with Guidance Note 2(b), values of the LA90,10 minute noise measurements and corresponding values of the 10- minute 10- metre height wind speed averaged across all operating wind turbines using the procedure specified in Guidance Note 1(d), shall be plotted on an XY chart with noise level on the Y-axis and the 10- metre height mean wind speed on the X-axis. A least squares, “best fit” curve of an order deemed appropriate by the independent consultant (but which may not be higher than a fourth order) should be fitted to the data points and define the wind farm noise level at each integer speed. Guidance Note 3 (a) Where, in accordance with the protocol, noise immissions at the location or locations where compliance measurements are being undertaken contain or are likely to contain a tonal component, a tonal penalty is to be calculated and applied using the following rating procedure. (b) For each 10 minute interval for which LA90,10 minute data have been determined as valid in accordance with Guidance Note 2 a tonal assessment shall be performed on noise immissions during 2 minutes of each 10 minute period. The 2 minute periods should be spaced at 10 minute intervals provided that uninterrupted uncorrupted data are available (“the standard procedure”). Where uncorrupted data are not available, the first available uninterrupted clean 2 minute period out of the affected overall 10 Page 83 of 248
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minute period shall be selected. Any such deviations from the standard procedure, as described in Section 2.1 on pages 104-109 of ETSU-R-97, shall be reported. (c) For each of the 2 minute samples the tone level above or below audibility shall be calculated by comparison with the audibility criterion given in Section 2.1 on pages 104-109 of ETSU-R-97. (d) The tone level above audibility shall be plotted against wind speed for each of the 2 minute samples. Samples for which the tones were below the audibility criterion or no tone was identified, a value of zero audibility shall be used. (e) The average tone level above audibility shall be calculated for each wind speed bin, each bin being 1 metre per second wide and centred on integer wind speeds. This process shall be repeated for each integer wind speed for which there is an assessment of overall levels in Note 2. (f) The tonal penalty is derived from the margin above audibility of the tone according to the figure below. Guidance Note 4 (a) If a tonal penalty is to be applied in accordance with Guidance Note 3 the rating level of the turbine noise at each wind speed is the arithmetic sum of the measured noise level as determined from the best fit curve described in Guidance Note 2 and the penalty for tonal noise as derived in accordance with Guidance Note 3 at each integer wind speed within the range specified by the Planning Authority in its written protocol. (b) If no tonal penalty is to be applied then the rating level of the turbine noise at each wind speed is equal to the measured noise level as determined from the best fit curve described in Guidance Note 2. (c) In the event that the rating level is above the limit(s) set out in the Table attached to the noise conditions or the noise limits for a complainant’s dwelling, the independent consultant shall undertake a further assessment of the rating level to correct for background noise so that the rating level relates to wind turbine noise immission only. (d) The Company shall ensure that all the wind turbines in the development are turned off for such period as the independent consultant requires to undertake the further assessment. The further assessment shall be undertaken in accordance with the following steps: Page 84 of 248
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(e) Repeating the steps in Guidance Note 2, with the wind farm switched off, and determining the background noise (L3) at each integer wind speed within the range requested by the Planning Authority in its written request and the approved protocol. (f) The wind farm noise (L1) at this speed shall then be calculated as follows where L2 is the measured level with turbines running but without the addition of any tonal penalty: (g) The rating level shall be re-calculated by adding arithmetically the tonal penalty (if any is applied in accordance with Note 3) to the derived wind farm noise L1 at that integer wind speed. (h) If the rating level after adjustment for background noise contribution and adjustment for tonal penalty (if required in accordance with note 3 above) at any integer wind speed lies at or below the values set out in the Table attached to the conditions or at or below the noise limits approved by the Planning Authority for a complainant’s dwelling in accordance with the noise condition then no further action is necessary. If the rating level at any integer wind speed exceeds the values set out in the Table attached to the conditions or the noise limits approved by the Planning Authority for a complainant’s dwelling in accordance with the noise condition then the Development fails to comply with the conditions. Noise (BESS and Substation) 22. All plant or equipment associated with the BESS and substation 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 20 between 2300 and 0700 hours daily, within any nearby residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. In the event, that justified complaints for noise are received by the Council, the applicant at their own expense, shall employ an independent and suitably qualified consultant to carry out a Noise Assessment from the development. The appointed consultant and methodology for the Noise Assessment shall be submitted to and approved in writing by the Planning Authority in consultation with Environmental Health within 28 days of being notified of the complaint. Within 28 days of approval of appointed consultant and methodology, a Noise Assessment shall be submitted outlining mitigation and recommended timescales for delivery. Thereafter, all mitigation measures shall be implemented within the timescales recommended. Reason - In the interests of protecting residential amenity. Page 85 of 248
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Shadow flicker 23. No development shall commence unless and until a Shadow Flicker Protocol has been submitted to, and approved in writing by, the Planning Authority. The Shadow Flicker Protocol shall set out a protocol for addressing any complaint received from a residential receptor within the study area defined in Chapter 14 of the EIA Report, and will set out mitigation and management options. Operation of the turbines shall take place in accordance with the approved Shadow Flicker Protocol and any mitigation measures that have been approved through the protocol shall be implemented. Reason - In the interests of residential amenity. Access Management Plan 24. There shall be no Commencement of Development until an Access Management Plan (AMP) has been submitted to and approved in writing by the Planning Authority. The AMP should ensure that, where appropriate and subject to health and safety requirements, public access is maintained across the Development site during construction, and thereafter that existing wider rights of public access are maintained during the operational phase of the wind farm. The approved plan shall be implemented in full. Reason - In the interests of securing public access rights Private Water Supplies 25. There shall be no Commencement of Development until a private water supplies method statement has been submitted to and approved in writing by the Planning Authority, detailing all contingent mitigation measures to be delivered to secure the quality, quantity and continuity of water supplies to any properties which are served by private water supplies at the date of this planning permission which may be affected by the Development.78 The method statement shall set out: (a) details of the methodology for water quality and quantity sampling for a period of 12 months prior to construction (including abstraction points); (b) details of the methodology and programme for undertaking water quality and quantity sampling during the construction period (including abstraction points); and (c) details of the methodology for water quality and quantity sampling for a period of 12 months post construction (including abstraction points); The approved method statement shall thereafter be implemented in full upon the Commencement of Development. Page 86 of 248
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Reason - To maintain a secure and adequate water supply to all properties with private water supplies that may be affected by the Development. Redundant Turbines 26. If one or more wind turbines fails to generate electricity on a commercial basis to the public network for a continuous period of 12 months, then the turbine or turbines shall be deemed to be surplus to requirement and the developer shall: (a) within one month of the expiration of the 12 month period, submit a scheme to the Planning Authority for written approval setting out how and when the relevant wind turbine(s) and associated infrastructure will either be repaired or removed from the site and the ground restored to a condition agreed with the Planning Authority; and (b) implement the approved scheme to the timescales set out in the scheme and agreed in part a) above. Reason - To ensure that any redundant wind turbine is removed from site, in the interests of safety, amenity and environmental protection. Interim Decommissioning, Restoration and Aftercare Strategy 27. There shall be no Commencement of Development until an Interim decommissioning, restoration and aftercare strategy has been submitted to, and approved in writing by, the Planning Authority. The interim decommissioning, restoration and aftercare strategy shall outline measures for the decommissioning of the Development and restoration and aftercare of the site, and shall provide proposals for the removal of the Development, the treatment of ground surfaces, the management and timing of the works and environmental management provisions in any instance that the site as a whole, or in part, ceases to operate prior to the approval of the Decommissioning, Restoration and Aftercare Plan required under the provisions of condition 27. Reason - To ensure the decommissioning and removal of the Development in an appropriate and environmentally acceptable manner and the restoration and aftercare of the site, in the interests of safety, amenity and environmental protection when a detailed decommissioning, restoration and aftercare Plan has not yet been approved. Site Decommissioning, Restoration and Aftercare 28. The Development shall cease to generate electricity to the grid network by no later than the date falling 35 years from the Date of Final Commissioning. No later than one year prior to the Date of Final Generation or the expiry of the planning permission (whichever is earlier) a decommissioning, restoration and aftercare plan shall be submitted for the written approval of the Planning Authority. The detailed decommissioning, restoration and aftercare plan shall Page 87 of 248
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provide updated and detailed proposals, in accordance with relevant guidance at that time, for the removal of the Development, the treatment of ground surfaces, the management and timing of the works and environment management provisions which shall provide: (a) a site waste management plan (dealing with all aspects of waste produced during the decommissioning, restoration and aftercare phases and, including details of measures to be taken to minimise waste associated with the Development and promote the recycling of materials and infrastructure components); (b) details of the formation of any temporary infrastructure required for decommissioning such as compounds, welfare facilities, any areas of hardstanding, material stockpiles, oil storage, lighting columns, and any boundary fencing; (c) a dust management plan; (d) details of measures to be taken to prevent loose or deleterious material being deposited on the local road network, including wheel cleaning and lorry sheeting facilities, and measures to clean the site entrances and the adjacent local road network; (e) a pollution prevention and control method statement, including arrangements for the storage and management of oil and fuel on the site; (f) details of measures for soil storage and management; (g) a surface water and groundwater management and treatment plan, including details of the separation of clean and dirty water drains, and location of settlement lagoons for silt laden water; (h) details of measures for sewage disposal and treatment; (i) temporary site illumination; and (j) a species protection plan if surveys (carried out no longer than eighteen months prior to submission of the plan) identify any protected species (including birds). The Development shall be decommissioned, the site restored and aftercare undertaken prior to the date falling three years after the Date of Final Generation and in accordance with the approved detailed decommissioning, restoration and aftercare plan. Reason - To ensure the decommissioning and removal of the Development in an appropriate and environmentally acceptable manner and the restoration and aftercare of the site, in the interests of safety, amenity and environmental protection. Financial Guarantee 29. There shall be no commencement of development until a bond or other form of financial guarantee (hereafter “financial guarantee”) in terms which secures the cost of performance of all decommissioning, restoration and aftercare obligations referred to in conditions 27 and 28 has been submitted to and approved in writing by the Planning Authority. Page 88 of 248
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The value of the financial guarantee shall be agreed between the developer and the Planning Authority or, failing agreement, determined (on application by either party) by a suitably qualified independent professional as being sufficient to meet the costs of all decommissioning, restoration and aftercare obligations referred to in conditions 27 and 28. The financial guarantee shall be maintained in favour of the Planning Authority until the completion of all decommissioning, restoration and aftercare obligations referred to in conditions 27 and 28. The value of the financial guarantee shall be reviewed by agreement between the developer and the Planning Authority or, failing agreement, determined (on application by either party) by a suitably qualified independent professional not less than every five years, and at the time of the approval of the detailed decommissioning, restoration and aftercare plan approved under condition 28. The value of the financial guarantee shall be increased or decreased to take account of any variation in costs of compliance with decommissioning, restoration and aftercare obligations referred to in conditions 27 and 28. Reason - To ensure that there are sufficient funds to secure performance of the decommissioning, restoration and aftercare conditions attached to this deemed planning permission in the event of default by the developer. 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 a Section 75 Agreement or a bond as required by condition 27-29 has been signed and registered to take account of this application. The legal agreement or bond should be concluded and completed within 4 months of the date of any decision. Failure to conclude a legal agreement within 4 months will result in the planning application being re- assessed through failing to comply with the development plan and may be ultimately recommended for refusal under delegated powers Informatives 1. Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the planning authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. Page 89 of 248
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2. As soon as practicable after the development is complete, the person who completes the development is obliged by section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. Please use the form attached herewith. 3. An application for Building Warrant may be required. 4. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013, as amended. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: - 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. 5. 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. 6. 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. 7. The applicant is advised that the granting of planning permission does not guarantee right of access to the site. This should be agreed with the relevant landowner(s) prior to the commencement of the development. 8. 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 number and design of turbines. 9. Please remember that the granting of planning permission, listed building consent or other associated consent by the Planning Authority does not affect the responsibility of the developer to ensure all other necessary permissions, consents and approvals are in place prior to commencement of works. Developers should also ensure appropriate accommodations are made in respect of services and third party infrastructure and may wish to check proposals against the information held at https://www.linesearchbeforeudig.co.uk/. Page 90 of 248
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Background Papers Letters of representation 0 Authors Name Designation Contact Details Alex Gudgeon Planning Officer (Majors) developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader, Major Applications and Enforcement 19 November 2025 Page 91 of 248
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Ü The proposed Brunt Hill Wind Farm development comprising 13 turbines (of which 7 wind turbines have a ground to blade tip height up to 200 metres and 6 wind turbines have a ground to blade tip height up to 185m) and battery energy storage system (BESS)(up to 50MW) and associated infrastructure (as amended) at land 2km North West of Westfield Cottage, Carnbo, Kinross, KY13 0NT 24/00716/ECU36 Scale 1:60,000 Planning and Placemaking Committee - 3 December 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(i) Page 93 of 248
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Ü The proposed Brunt Hill Wind Farm development comprising 13 turbines (of which 7 wind turbines have a ground to blade tip height up to 200 metres and 6 wind turbines have a ground to blade tip height up to 185m) and battery energy storage system (BESS)(up to 50MW) and associated infrastructure (as amended) at land 2km North West of Westfield Cottage, Carnbo, Kinross, KY13 0NT 24/00716/ECU36 Scale 1:40,000 Planning and Placemaking Committee - 3 December 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(i) Page 95 of 248
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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. 5(2)(i) Page 97 of 248
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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 Page 98 of 248
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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 Page 99 of 248
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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 Page 100 of 248
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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 Page 101 of 248
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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 Page 102 of 248
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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 Page 103 of 248
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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, Page 104 of 248
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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 Page 105 of 248
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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 Page 106 of 248
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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) Page 107 of 248
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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. Page 108 of 248
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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. Page 109 of 248
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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: Page 110 of 248
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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 Page 111 of 248
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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. Page 112 of 248
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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. Page 113 of 248
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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. Page 114 of 248
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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. Page 115 of 248
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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. Page 116 of 248
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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. Page 117 of 248
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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. Page 118 of 248
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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 Page 119 of 248
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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: Page 120 of 248
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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. Page 121 of 248
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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 Page 122 of 248
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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. Page 123 of 248
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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: Page 124 of 248
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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: Page 125 of 248
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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 Page 126 of 248
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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 Page 127 of 248
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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 Page 128 of 248
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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 Page 129 of 248
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Ü 25/00510/FLM - Erection of 52 dwellinghouses, formation of roads and footpath, SUDS, landscaping and associated works on land 120 metres West of 10 Cairns Park, New Alyth 25/00510/FLM Scale 1:25,000 Planning and Placemaking Committee - 10 November 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(i) Page 131 of 248
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Ü 25/00510/FLM - Erection of 52 dwellinghouses, formation of roads and footpath, SUDS, landscaping and associated works on land 120 metres West of 10 Cairns Park, New Alyth 25/00510/FLM Scale 1:10,000 Planning and Placemaking Committee - 10 November 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(i) Page 133 of 248
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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 5(3)(i) Page 135 of 248
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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. Page 136 of 248
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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) Page 137 of 248
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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 Page 138 of 248
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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. Page 139 of 248
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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; Page 140 of 248
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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. Page 141 of 248
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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 Page 142 of 248
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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. Page 143 of 248
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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 Page 144 of 248
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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. Page 145 of 248
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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. Page 146 of 248
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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. Page 147 of 248
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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 Page 148 of 248
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Ü Change of use from office to children's play/activity centre with ancillary event, retail and catering uses and erection of fence at Whitehall Chambers, 7 Bank Street, Blairgowrie 25/00793/FLL Scale 1:10,000 Planning and Placemaking Committee - 3 December 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(3)(i) Page 149 of 248
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Ü Change of use from office to children's play/activity centre with ancillary event, retail and catering uses and erection of fence at Whitehall Chambers, 7 Bank Street, Blairgowrie 25/00793/FLL Scale 1:5,000 Planning and Placemaking Committee - 3 December 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(3)(i) Page 151 of 248
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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. 5(3)(ii) Page 153 of 248
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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 Page 154 of 248
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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 Page 155 of 248
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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 Page 156 of 248
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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. Page 157 of 248
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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 Page 158 of 248
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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. Page 159 of 248
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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). Page 160 of 248
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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. Page 161 of 248
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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 Page 162 of 248
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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; Page 163 of 248
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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 Page 164 of 248
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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. Page 165 of 248
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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 Page 166 of 248
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Ü Erection of replacement dwellinghouse and associated works Cedar Cottage, Fearnan, Aberfeldy, PH15 2PF 25/00884/FLL Scale 1:20,000 Planning and Placemaking Committee - 3 December 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(3)(ii) Page 167 of 248
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Ü Erection of replacement dwellinghouse and associated works Cedar Cottage, Fearnan, Aberfeldy, PH15 2PF 25/00884/FLL Scale 1:10,000 Planning and Placemaking Committee - 3 December 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(3)(ii) Page 169 of 248
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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. 25/341) Proposal: Erection of a dwellinghouse Location: Land 50 Metres Southwest of Tigh Na Ba, Bridge of Cally Ref. No: 24/00800/FLL Ward No: P3- Blairgowrie and Glens Summary This report recommends approval of the application as the residential 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 proposal is for a one-and-a-half storey dwellinghouse with dormer windows on the south elevation and rooflights providing light into the roof space. Finishing materials include white wet dash render and a natural slate roof. A glazed link between the proposed dwellinghouse and an existing garage/workshop is proposed. 2. The application site is a plot with an existing garage/workshop located within a small cluster of houses at Craigton, 6.5km north of Bridge of Cally, on the west side of the A93 Old Military Road. The boundary with the Cairngorms National Park is 5.5km to the north at Glenshee. The site is bound to the south and west by a field access and beyond this to the south is an area of dense woodland. To the north and east are a cluster of buildings at Craigton including a converted byre (Planning Reference 11/01163/FLL) and to the northwest the site is partially bound by a belt of mixed native woodland. A small burn runs through the site and is culverted beneath the existing field access. Vehicular access will be taken via the existing shared access from the A93 public road. 3. In late 2016 an application for planning permission in principle was approved for the erection of a dwellinghouse within the plot. This permission was renewed in 2019. 5(3)(iii) Page 171 of 248
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Site History 4. 15/01861/IPL application was withdrawn on 8 January 2016 for Erection of dwellinghouse (in principle) 5. 16/01733/IPL was approved on 15 December 2016 for Erection of a dwellinghouse (in principle) 6. 19/01867/IPL was approved on 20 December 2019 for Renewal of permission 16/01733/IPL (Erection of a dwellinghouse (in principle)) 7. 23/01018/FLL Full Planning Permission application was withdrawn on 11 October 2023 for Erection of a dwellinghouse Environmental Impact Assessment 8. The proposal is not EIA development. Pre-Application Consultation 9. Pre application Reference: None. 10. 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 11. 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 12. 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. 13. 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 Page 172 of 248
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• Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 17: Rural Homes • Policy 20: Blue and Green Infrastructure • Policy 22: Flood Risk and Water Management Perth and Kinross Local Development Plan 2019 14. 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. 15. The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 15: Public Access • Policy 19: Housing in the Countryside • Policy 26B: Archaeology • Policy 31: Other Historic Environment Assets • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 47: River Tay Catchment Area • Policy 52: New Development and Flooding • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 53E: Water Environment and Drainage: Water Supply • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 16. • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Housing in the Countryside (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) Page 173 of 248
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Other Material Considerations PKC Non-Statutory Guidance 17. • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft) National Guidance 18. 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 19. 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 Creating Places 2013 20. 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 21. 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 22. 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. Page 174 of 248
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Local Place Plans 23. 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 is not located in an area with a Local Place Plan. Consultations 24. As part of the planning application process the following bodies were consulted: External 25. Perth and Kinross Heritage Trust - No objection, no issues raised. 26. Scottish Water - No objection. No Scottish Water infrastructure in the vicinity for water and wastewater. 27. Scottish Environment Protection Agency - No objection. Internal 28. Transportation and Development - No objection subject to conditions. 29. Development Contributions Officer - No contribution required. 30. Structures and Flooding - No objection, subject to conditions to ensure the recommendations of the FRA are implemented and a Suds design is submitted for written approval prior to the commencement of development. 31. Environmental Health (Noise Odour) - No objection, stove system informative recommended. 32. Environmental Health (Private Water) - No objection, informative recommended regarding water supply. 33. Community Greenspace - Core path MTBL/162 is within the application boundary but has not been noted anywhere within the planning application. Condition and informative recommended. Access along the core path cannot not be obstructed or deterred during construction or on completion of this development, should it be approved. 34. Biodiversity – initial comments highlighted the submitted information is not in accordance with legislation, policy and guidance. On review of ecological survey reports conditions are recommended and this includes a condition for a pre- works survey for red squirrel prior to works commencing on site. Page 175 of 248
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Representations 35. Nine (9) representations objecting to the proposals were received. The main issues raised within the representations are: • Height and scale of the proposed dwellinghouse • Negative impact on residential amenity – overlooking and loss of privacy • Lack of parking • Inappropriate housing density • Inappropriate land use • Out of character with area • Over intensive development • Plans show a staircase to an upper floor which could become additional rooms • Planting scheme on boundary • Flood risk • Foul drainage – capacity for dwellinghouse and proximity to private boundary • Private water supply insufficient to service an additional dwellinghouse • Detrimental impact on forest, wetland and wildlife habitat • Road safety, access to A93 36. These issues are addressed in the Appraisal section of the report. 37. Other issues raised which are not a valid material planning consideration 38. Land ownership relating to drainage – not a valid material planning consideration and a private legal matter. 39. Rights of access – not a valid material planning consideration and a private legal matter. 40. View of forest interrupted – loss of view is not a valid material planning consideration. 41. Small single-track road and access required at all times to private properties and adjacent fields belonging to local farmer. This is a private access road and blocking it during the construction phase or when the works are completed is a private legal matter and not a valid material consideration in the assessment of the application. 42. The applicant has not shown shared access routes, driveways, privately owned access tracks and public footpaths within the site boundaries or ensure that free and unhindered access to neighbouring properties and agricultural land and woodland will be respected. (Note: Forestry and Land Scotland have rights of access to Dalrulzion Forest through the proposed development). 43. Response - A condition is recommended to ensure access to the core path is protected at all times (Condition 6). Private access rights to surrounding land and Page 176 of 248
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neighbouring properties is a private legal matter and not a valid material planning consideration. 44. The applicant should also identify on the planning application the location of the septic tank serving Willowbank Cottage, and ensure there is unhindered access to this land for the purposes of cleaning and maintenance. 45. Response - An existing septic tank in the red line boundary of the application site is shown on Drawing 14 and this was submitted to replace Drawing 04 during the planning application process. Access to this land for the purposes of cleaning and maintenance of the tank is not a valid material planning consideration and is a private legal matter. Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report not required Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal / AA not required Design Statement or Design and Access Statement not required Report on Impact or Potential Impact eg Flood Risk Assessment submitted Appraisal 46. 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, namely Housing in the Countryside (2020), Flood Risk and Flood Risk Assessments (2021), Placemaking (2020), Planning and Biodiversity Planning Guidance and matters raised in the representations received. Principle 47. NPF4 Policy 17 Rural Homes supports proposals for new homes in rural areas where the development is suitably scaled, sited and designed to be in keeping with the character of the area and the development meets one or more of eight criteria listed. From a review of historical records, and from the presence of the existing buildings, the site is brownfield and as such the proposal meets NPF4 Page 177 of 248
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Policy 17 criterion (ii) ‘reuses brownfield land where a return to a natural state has not or will not happen without intervention’. 48. LDP2 Policy 19 Housing in the Countryside and related Housing in the Countryside Supplementary Guidance (2020) aligns with NPF4 Policy 17. The Supplementary Guidance Category 1 Building Groups supports a new house within building groups where it can be demonstrated that new housing will respect the character, scale and form of the existing group, and will be integrated into the existing layout and building pattern; new housing will not detract from the visual amenity of the group when viewed from the wider landscape and a high standard of residential amenity will be provided for both existing and new housing. 49. The application site had consent for a dwellinghouse (16/01733/IPL and 19/01867/IPL). This was granted on the basis that the site is relatively well- defined and the proposal conformed to the criteria for housing development within building groups in an earlier version of the Housing in the Countryside Supplementary Guidance (2012). This offered support for new developments within existing building groups providing the proposal does not detract from the character of the area and that the development will take place in a defined site with natural containment and a good landscape framework. 50. The principle of a dwellinghouse on the site is accepted given the site history. The proposed development will be integrated into the existing layout and building pattern and will not detract from the visual amenity of the group when viewed from the wider landscape. The siting, design and external appearance of the dwellinghouse are considered in more detail in the following sections of the report. Design and Layout and Visual Amenity 51. A one and a half storey dwellinghouse is proposed with a floor to ceiling window on the south elevation and a vaulted ceiling internally in the lounge space. In the roof two dormer windows are proposed on the south elevation with rooflights providing further amenity light into the upper-level space. A glazed link is proposed between the dwellinghouse and an existing garage/workshop which is to be lowered at eaves level with a reduced pitch. Finishing materials include white wet dash render walls and a natural slate roof and the finish of the garage/workshop is to match. 52. There are a mix of single storey and one and a half storey dwellinghouses in the building group at Craigton which includes a converted byre (11/01163/FLL). The floor plans show two bedrooms on the ground floor with storage space at the upper level. A representation highlighted that the upper-level could accommodate further bedrooms. This could be undertaken without the need for planning permission through Householder Permitted Development Rights (The Town and Country Planning (General Permitted Development) (Scotland) Order 1992. Page 178 of 248
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53. Revised drawings were submitted during the application process to include two dormer windows on the south elevation (away from other occupied property). This reflects the design of other buildings in the group. The position of the floor to ceiling windows on the south elevation and other window openings have been sensitively considered to remove any overlooking and privacy issues. The design and material finish of the proposed dwellinghouse reflects the finishes on the existing dwellinghouses in the building group. 54. The existing garage/workshop is a breeze block construction with a timber panel door and a steep pitched corrugated metal roof. The building has been on site for more than ten years. It is to be altered and lowered at eaves level with a reduced pitch with the external walls and roof finish to match the proposed dwellinghouse. A glazed link is proposed to connect the garage/workshop to the dwellinghouse. A condition is proposed to ensure the garage/workshop is used solely for purposes incidental to the domestic enjoyment of the dwellinghouse (Condition 11). 55. A revised site plan (Drawing 15) shows new tree and hedgerow planting in a wild garden on the east side of the new dwellinghouse. A post and wire fence is proposed around the boundaries of the site. 56. It is therefore considered that the development is suitably scaled, sited and designed to be in keeping with the character of the area. The proposal satisfies NPF4 Policy 14 Design, Quality and Place and NPF4 Policy 17 Rural Homes and LDP2 Policy 1 Placemaking and LDP2 Policy 19 Housing in the Countryside. Residential Amenity 57. Representations raised the negative impact on residential amenity and the loss of privacy and overlooking from the development. The location of the window openings and the position of the floor to ceiling windows on the south elevation ensures any potential overlooking and privacy issues have been carefully considered. The window openings are mainly south facing towards the forest. The garage/workshop is positioned between the application site and dwellinghouses to the north and northeast. There is an upper window proposed on the east elevation of the proposed dwellinghouse however the distance to the nearest property (east) is 45m. There are no residential amenity issues arising from the proposed development. 58. This application is for the erection of a dwellinghouse which will include the provision of a single woodburning stove and associated flue. Environmental Health (EH) note that the flue will terminate at roof ridge height which will aid the dispersion of emissions. They advise that smoke/odour could be further minimised using fuel recommended by the stove manufacturer. The residential amenity of neighbouring dwellinghouses should not be adversely affected by smoke/odour. EH recommend a standard informative is attached to any consent granted in respect of the operation of the stove (Informative 9). Page 179 of 248
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59. The proposal satisfies NPF4 Policy 14 Design, Quality and Place and NPF4 Policy 17 Rural Homes and LDP2 Policy 1 Placemaking and LDP2 Policy 19 Housing in the Countryside. Roads and Access 60. The vehicle access to the public road network for the property will be via the existing shared private vehicle track into the property. This track is taken off the A93 public road. Transport Planning raise no issues with this arrangement. The Council’s Roads Maintenance Partnership recommend that the vehicle access onto the A93 is sealed to formalise the access from the public road and to prevent the further discharge of surfacing aggregate onto the public road (Condition 7). 61. The consultation response from Transport Planning notes that the car parking for two cars on the proposed block plan meets the requirements of the National Roads Development Guide. Also, that there will be sufficient space for the vehicles to turn and manoeuvre within the site. 62. Representations highlighted the upper-level of the dwellinghouse could accommodate further bedrooms in addition to the two on the ground floor with no consideration of the impact this would have on the level of parking. The proposed block plan shows space in the curtilage of the proposed dwellinghouse for two cars and in addition there is garage space. This would be sufficient for a dwellinghouse with an increase on the currently proposed level of two bedrooms. 63. Within the redline boundary of the site is the core path MTBL/162. Access to the core path is to be protected and remain open for use during construction and on completion of the development (Condition 6). 64. The proposal satisfies NPF4 Policy 13 Sustainable Transport and NPF4 Policy 20 Blue and Green Infrastructure (Core Path) and LDP2 Policy 15 Public Access and LDP2 Policy 60B Transport and Accessibility. Drainage and Flooding Flood Risk 65. There is a watercourse running through the site and flood risk was identified through the historic applications. A Flood Risk Assessment (2024) was submitted for review (Document 12). The FRA is an update of an assessment undertaken in 2016. 66. The FRA reports that in the absence of flood risk there is no need for flood alleviation or drainage enhancement measures that would only tend to increase peak runoff from this small tributary. The report offered three recommendations with recommendation 1 stating the site can safely be approved for development without conditions. Page 180 of 248
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67. The Flooding Team were consulted, their initial consultation response dated 19 July 2024 recommended a standard condition to ensure that prior to the commencement of works, the measures identified in the Flood Risk Assessment to prevent flooding of the site shall be fully implemented in accordance with the scheme agreed by the Council as Planning Authority. 68. The requirement for this condition was followed up by Planning as three recommendations were outlined in the FRA. The Flooding Team confirmed in an email to Planning dated 29 July 2024 that they agreed with the FRA recommendation 1 which states: Based on the above conclusions it is recommended that no further formal flood risk assessment is necessary and the site can safely be approved for development without special conditions. 69. There is therefore no requirement for a standard condition to implement the recommendations of the FRA. The FRA design and analysis are sufficient and appropriate and confirm that the application site is not at risk of flooding. 70. The proposal satisfies NPF4 Policy 22a Flood Risk and Water Management and LDP2 Policy 52 New Development and Flooding. Drainage 71. Surface Water Drainage – a rainwater soakaway is shown on Drawing 15. The Flooding Team recommends a standard condition (Condition 9) for full details of SUDS to be submitted for approval in writing prior to the commencement of development. This is in line with NPF4 Policy 22c ii) Flood Risk and Water Management and LDP2 Policy 53C Surface Water Drainage. 72. Foul Drainage - Revised drawings were submitted to show an existing septic tank in the red line boundary of the site, as identified in the comments received in the representations. A bio disc foul water treatment system is proposed for the dwellinghouse as shown on Drawing 15. The foul drainage proposal will be subject to approval through the Building Warrant process. The proposal satisfies LDP2 Policy 53B Foul Drainage. Private Water 73. The application form stated the proposed dwellinghouse would be served by the public water supply network. 74. The Council’s Water Team noted in their consultation response that in this rural area private water supplies (including Craigton borehole) are believed to serve properties in the vicinity. The Water Team noted that the applicant has indicated that they will connect to the public mains water supply but should this prove to be impractical a standard informative should be attached to any consent granted (Informative 6). 75. Following the consultation response from Scottish Water and the representations which raised the issue of water supply, the agent checked the water supply Page 181 of 248
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details and the applicant confirmed that a private water supply will be provided for the new house. The agent stated that the applicant currently has a water supply to the caravan installed on site. Drawing 15 shows a private water supply borehole box. 76. A standard condition is proposed for further information on the private water source to be submitted for written approval of the Council as Planning Authority prior to the commencement of the development (Condition 13). This condition is in line with NPF4 Policy 22d Flood Risk and Water Management and LDP2 Policy 53E: Water Environment and Drainage: Water Supply. Waste Collection 77. There will be no negative impact on the existing arrangement for the building group. An informative (12) highlights that the Council operate a charging scheme for bin provision for new dwellings. Conservation Considerations 78. The application site is not in a conservation area and there are no listed buildings. The wider site at Craigton is recorded on Perth and Kinross Heritage Trust (PKHT) records (MPK17497). PKHT have no objection as the proposed development does not raise any significant issues. No archaeological mitigation is required in this instance. 79. The proposal satisfies NPF4 Policy 7o Historic Assets and Places and LDP2 Policy 26B Archaeology and LDP2 Policy 31 Other Historic Environment Assets. Natural Heritage and Biodiversity Biodiversity 80. A Preliminary Ecological Appraisal (September 2024) was submitted for review (Document 13). Further information was requested by the Council’s Biodiversity Officer as the submitted information was not in accordance with legislation, policy and guidance and the garage/workshop building was assessed as providing high bat roost suitability and should therefore be subject to emergence surveys by experienced bat surveyors to confirm the presence and status of bat roosts. 81. An Ecological Impact Assessment (June 2025) was then submitted for review (Document 24). This noted bat activity surveys were carried out in May-June 2025. Due to the presence of bat roosts, no works can be undertaken before a derogation licence from NatureScot has been issued. The submitted Ecological Impact Assessment contains sufficient information for the Planning Authority to be satisfied that all three tests are likely to be met. The same tests need to be passed in order for NatureScot to issue a bat licence. 82. Further information on the presence of squirrel dreys was requested by the Biodiversity Officer and an updated Ecological Impact Assessment (Document Page 182 of 248
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25) submitted for review. The submitted information is in accordance with legislation, policy and guidance. 83. As recommended by the Biodiversity Officer a condition is proposed to ensure the recommendations and actions set out in the Ecological Impact Assessment are undertaken (Condition 2). Also, a condition is proposed for a pre-works survey for red squirrel to be submitted for written approval of the Council as Planning Authority prior to works commencing on site (Condition 3). A further condition is proposed for biodiversity enhancement measures to be implemented (Condition 5). 84. The proposal satisfies NPF4 Policy 3c Biodiversity, NPF4 Policy 4f Natural Places and LDP2 Policy 41 Biodiversity and LDP2 Policy 47 River Tay Catchment Area. Trees 85. A revised proposal for tree planting was submitted (Drawing 15) in response to comments in the representations about conifer trees planted around the boundary (Drawing 10). A hawthorn hedge on the east boundary is proposed with a mix of tree species including silver birch and cherry in a wild garden. Condition 8 is proposed to ensure the planting is implemented and replaced if the trees and hedgerow fail within five years of planting. 86. The proposal satisfies NPF4 Policy 6a Forestry, Woodland and Trees and NPF4 Policy 20b Blue and Green Infrastructure and LDP2 Policy 1 Placemaking and LDP2 Policy 42 Green Infrastructure. Low and Zero Carbon Generating Technologies 87. 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. 88. No details have been provided with the application and a standard condition is proposed for the required information to be submitted prior to the commencement of the development (Condition 12). Material Considerations Representations 89. The main issues raised within the representations are: Page 183 of 248
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• Height and Scale of the proposed dwellinghouse • Negative impact on residential amenity – overlooking and loss of privacy • Lack of parking • Inappropriate housing density • Inappropriate land use • Out of character with area • Over intensive development • Plans show a staircase to an upper floor which could become additional rooms • Planting scheme on boundary • Flood Risk • Foul drainage – capacity for dwellinghouse and proximity to private boundary • Private water supply insufficient to service an additional dwellinghouse • Detrimental impact on forest, wetland and wildlife habitat • Road safety, access to A93 90. The issues raised in the representations have been fully considered and further information including reports have been submitted for review or amended drawings submitted during the application process. Conditions have also been applied for information to be submitted for written approval of the Council as Planning Authority prior to the commencement of the development. The proposed development satisfies NPF4 and the Perth and Kinross Local Development Plan 2 as outlined the report above. The valid material planning issues raised are not of sufficient weight to justify refusal of planning permission. Developer Contributions 91. No developer contributions required. Economic Impact 92. The economic impact is likely to be minimal and limited to the construction phase. Variation of Application Under Section 32A 93. 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 include two dormers on the south elevation. Planning Obligations and Legal Agreements 94. None required. Page 184 of 248
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Direction By Scottish Ministers 95. 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 96. 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 have been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for approval subject to the following conditions. Recommendation Approve 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 biodiversity survey submitted and hereby approved (document(s) 25 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. Prior to work commencing on site, a pre-works survey for red squirrels must be undertaken by a suitably trained and experienced ecologist to ascertain the presence of dreys. The results shall be used to inform a Species Protection Plan to be submitted and approved in writing by the Council as Planning Authority. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 4. An updated ecology survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the ecology survey Page 185 of 248
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approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 5. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, 4 hibernacula, 6 house martin cups, 4 swift nest boxes, 4 built in bat bricks and 2 external bat boxes shall be provided within the red line boundary in accordance with recommendations within the supporting biodiversity survey submitted and hereby approved. 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. 6. The asserted right of way/core path shown on approved drawing MTBL/162 must not be obstructed during building works or on completion of the development. Any damage done to the route and/or the associated signage during building works must be made good before the development is completed or brought into use, whichever is the earlier. Reason - To ensure continued public access to the public paths and in the interests of public safety within the site. 7. Before the approved development is completed or put into use, the vehicular access onto the public road network shall be constructed in accordance with Perth & Kinross Council's Road Development Guide Type B Figure 5.6 access detail of Type B Road construction detail. This construction detail must extend into the entrance for a minimum of 3 meters from the boundary of the public road surface. Reason - To ensure road safety and an acceptable standard of construction within the public road boundary. 8. The detailed landscaping and planting scheme which is hereby approved shall be completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. The approved scheme shall thereafter be maintained to the satisfaction of the Council as Planning Authority, with any planting which fails to become established within five years being replaced in the following planting season with others of a size and species as previously approved. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 9. Development shall not commence on site until a detailed sustainable urban drainage system (SUDS) has been submitted for the written agreement of the Page 186 of 248
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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. 10. Storm water drainage from all paved surfaces, including the access, shall be disposed of by means of suitable Sustainable Urban Drainage Systems to meet the requirements of best management practices. Reason - To ensure the provision of effective drainage for the site. 11. The garage hereby approved shall be used solely for purposes incidental to the domestic enjoyment of the dwellinghouse. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 12. Prior to the commencement of development a statement shall be submitted for approval in writing by the Council as Planning Authority 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. The statement as agreed shall be fully implemented to the satisfaction of the Council as Planning Authority. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 13. Prior to the commencement of the development hereby approved, details of the location and measures proposed for the safeguarding and continued operation, or replacement, of any septic tanks and soakaways, private water sources, private water supply storage facilities and/or private water supply pipes serving properties in the vicinity, sited within and running through the application site, shall be submitted to and approved in writing by the Council as Planning Authority. The subsequently agreed protective or replacement measures shall be put in place prior to the development being brought into use and shall thereafter be so maintained insofar as it relates to the development hereby approved. Reason - To ensure the new development has an adequate and consistently wholesome supply of water and to maintain water quality and supply in the interests of residential amenity and ensure the private water supply or septic drainage systems of neighbours of the development remain accessible for future maintenance. Page 187 of 248
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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. 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 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. 4. 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. 5. Existing buildings or structures may contain nesting birds between 1st March and 31st August inclusive. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 6. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is Page 188 of 248
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reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 7. The applicant shall ensure the private water supply for the dwellinghouse/ development complies with the Water Scotland Act 1980 (Section 63), The Private Water Supplies (Scotland) Regulations 2006 and The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. Detailed information regarding the private water supply, including the nature, location and adequacy of the source, any storage tanks/ pipework and the filtration and disinfection treatment proposed to ensure provision of an adequate and consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above Act and Regulations. 8. The granting of planning permission does not stop the continued right of public access along the existing core path MTBL/162. An order under the Town and Country Planning (Scotland) Act 1997, Section 208 or an amendment of the Core Path Plan under the Land Reform (Scotland) Act 2003 should be sought in advance of any works authorised by this planning permission being commenced. All relevant approvals should be in place prior to any stopping up and diversion of the core path taking place. 9. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environmental Protection Agency. 10. 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. 11. 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 12. 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 13. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. Page 189 of 248
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14. The applicant should take note of the information and advice contained within the consultation response from SEPA. 15. 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 dwellinghouse to include dormer windows. Background Papers Letters of representation 10 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 December 2025 Page 190 of 248
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Ü © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 3 December 2025 25/00800/FLL Erection of a dwellinghouse land 50 metres southwest of Tigh Na Ba, Bridge of Cally Scale 1:20,000 5(3)(iii) Page 191 of 248
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Ü © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 3 December 2025 25/00800/FLL Erection of a dwellinghouse land 50 metres southwest of Tigh Na Ba, Bridge of Cally Scale 1:10,000 5(3)(iii) Page 193 of 248
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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. 25/342) Proposal: Change of use of dwellinghouse to dwellinghouse/short term let accommodation unit Location: Schiehallion House, Strathtummel, Aberfeldy, PH16 5NT Ref. No: 25/01420/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 dwelling ‘Schiehallion House’ was approved as part of an overall master plan in 2009 which included the erection of a new dwelling house, auxiliary accommodation comprising a replacement garage, log store, boathouse, jetty and alterations to the existing dwelling house, ‘Aldcharmaig’ which was to be used as ancillary accommodation. 2 The grouping of buildings at Schiehallion House sit centrally within a wider estate which extends approx. 330m to the east and 1km to the west. The property occupies a lochside setting, Loch Tummel lies to the south with the B8019 to the north. 3 The applicant intends to occupy the dwelling and when not residing rent as a short term let. This application is for a change of use only and involves no physical changes to the dwelling/site. 4 A short term let licence has been issued and during the consultation with Development Management the applicant was advised that planning permission was also required due the size of the property and capability of occupancy by a number of families. Hence the submission of this application. 5(3)(iv) Page 195 of 248
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Site History • 09/00026/FUL Full Planning Permission was Approved On 16 April 2009 for Replacement of dwellinghouse, reconstruction of millpond, erection of a new stone faced jetty, formation of new vehicular access and upgrade of existing tracks vehicular (in retrospect) • 11/01871/FLL Full Planning Permission was Approved On 23 July 2012 for Erection of a dwellinghouse and auxiliary accommodation comprising, replacement garage, log store, car port, boathouse, jetty and alterations to existing cottage • 11/01872/FLL Full Planning Permission was Refused On 14 February 2013 for Erection of 1.8m high fence (in retrospect) • 13/00524/FLL Full Planning Permission was Refused On 24 July 2013 for Erection of boundary fences and walling (partly in retrospect) • 18/01875/FLL Full Planning Permission was Approved On 6 February 2019 for Erection of a dwellinghouse (revised design) • 20/00350/FLL Full Planning Permission was Approved On 30 June 2020 for Erection of a dwellinghouse and garden building • 22/00566/FLL Full Planning Permission was Approved On 12 July 2022 for Erection of a dwellinghouse (revised design) • 25/00890/FLL Full Planning Permission was Approved On 3 September 2025 for Installation of new jetty (in part retrospect) Development Plan 5 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 6 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. 7 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 12: Zero Waste • Policy 13: Sustainable Transport Page 196 of 248
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• Policy 14: Design, Quality and Place • Policy 29: Rural Development • Policy 30: Tourism Perth and Kinross Local Development Plan 2019 8 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. 9 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 8: Rural Business and Diversification • Policy 38B: Environment and Conservation: National Designations • 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 47: River Tay Catchment Area • Policy 55: Nuisance from Artificial Light and Light Pollution • Policy 56: Noise Pollution 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 - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity • Planning Guidance - Change of Use of Residential Property to Short-term Let Page 197 of 248
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National Guidance 10 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 11 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 National Roads Development Guide 2014 12 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. Short-Term Let Control Area 13 In May 2025, Perth and Kinross Council voted to introduce a Short-Term Let Control Area in Highland Perthshire and the northern part of Eastern Perthshire. Following this decision, the statutory process requires that a formal public consultation is held on the detail of the proposed Short Term Let Control Area. That consultation is open until 22 December 2025, and the views obtained shall help to inform Councillors when they make a final decision on the proposed Short-Term Let Control Area in 2026. Consultations 14 As part of the planning application process the following bodies were consulted: External 15 Killiecrankie, Fincastle and Tummel Community Council - Object to proposal on following grounds; contrary to policy, non-compliance with previous approvals, breaches of planning, impact on trees, noise and disturbance from use, lack of information on SAC and protected species, landscape impacts, impact on residential amenity, impact of water sports on loch. Page 198 of 248
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Internal 16 Commercial Waste Team - No objection provisions would be required in relation to the collection of the commercial waste element. 17 Environmental Health (Noise Odour) - No objection to proposal notes STL licence in place. Representations 18 12 representations were received. 7 support and 5 objections which includes the Community Council. The main issues raised within the representations are: 19 Support • Supports tourist industry • Supports local economy • Reduces pressure on other housing stock 20 Objection • Contrary to planning policy • Impact on landscape • Impact on trees • Impact on Special Area of Conservation • Lack of ecological reports • Impact on National Scenic Area • Noise and disturbance • Light pollution • Adverse effect on visual amenity 21 Issues have also been raised regarding restrictions noted on the Short Term Let licence and enforceability however this is not for planning to enforce. 22 Numerous breaches of planning have been noted which are not directly associated with this proposal. The Enforcement Team and SEPA recently visited the site and any measures required would be resolved through this process. 23 The remaining 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 Page 199 of 248
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Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal 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 24 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. Principle 25 The proposal seeks to change the use of an existing detached five-bedroom dwellinghouse in the countryside to a short term let accommodation. As such, the primary policies are NPF4 Policies 29: Rural Development and 30(e): Tourism. LDP2 Policy 8: Rural Business and Diversification is also relevant, as it is supportive of tourism-related development subject to adherence to several criteria. 26 NPF4 Policy 30(e): Tourism states that Development proposals for the reuse of existing buildings for short term holiday letting will not be supported where the proposal will result in: i. An unacceptable impact on local amenity or the character of a neighbourhood or area; or ii. The loss of residential accommodation where such loss is not outweighed by demonstrable local economic benefits. 27 The proposal would allow the dwelling when not in use by the applicant to be used as a short term holiday let. The house is set within large estate grounds with a minimum distance of 300m to the nearest neighbour. 28 The proposal would be compatible with the character of the rural location, and does not raise concern in terms of residential amenity, even if occupied by a group or more than one family due the separation distances. 29 It is accepted that the house lies within an area which has a higher percentage of short term let properties. However, the nature and large size of this particular property is such that its partial proposed removal from typical residential use is Page 200 of 248
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unlikely to have adverse implications for housing availability in the local area. The proposal does not remove an ‘affordable accessible home’ from the existing stock. The proposal would also contribute positively, albeit to a limited extent, to the tourism market in this part of Perth and Kinross, with local businesses and other tourism nodes benefiting from the custom of guests. 30 In terms of Policy 29 of NPF4 and LDP2 Policy 8, the proposal would contribute to the local economy through the provision of visitor accommodation, the proposal would be compatible with surrounding land uses, would not result in suburbanisation of the rural area or encourage unsustainable travel patterns to a significant extent, would be compatible with adjacent land uses including nearby residences, and can be satisfactorily accommodated within the landscape and environmental capacity of the area. In terms of meeting a specific need, the proposal is adjacent to Loch Tummel and local walking routes, and within a convenient driving or cycling distance of Tummel Bridge, Queens View and other tourism attractions in the wider area. 31 As such, on balance, the principle of the proposal accords with the intent of NPF4 Policies 29 and 30(e), and LDP2 Policy 8. Other considerations 32 Planning Guidance short-term lets (STLs) was produced due to concerns expressed over the impact of STLs on services, local business staffing and expansion, as well as housing affordability. The Guidance was formally adopted by the Council on 1 November 2023 following consultation during Summer 2023. 33 The Guidance acknowledges that while short-term lets can bring economic benefits to the host and local areas, this must be balanced against the impact the loss of that residential property has on the availability of housing for local people, affordable housing in particular, and the potential for adverse impacts on residential amenity where an increased proportion of the housing stock becomes short-term lets. 34 Six considerations have been outlined within the Guidance to assist in the application of the policy framework set out in NPF4. The considerations include location, larger residential properties, refurbishment of long-term empty properties, local amenity and character, business diversification, and the relationship between loss of residential accommodation and local economic benefits. The location consideration contains reference to three area types: city and town centres; mixed-use areas within settlements; and predominantly residential areas. 35 The adopted Guidance forms the most up-to-date indication of Council policy intent on the matter, and as such is a material consideration in addition to other policy factors and supplementary guidance in the assessment of the proposals. This guidance is reflected in the assessment and in particular that the site comprises of a large dwelling which is not the loss of an affordable home and Page 201 of 248
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that by virtue of the location the impacts on residential amenity area reduced and that there are economic benefits in local spending. Short Term Let Control Area 36 In May 2025 Perth and Kinross Council voted to introduce a Short-Term Let Control Area in Highland Perthshire and the northern part of Eastern Perthshire. Following this decision, the statutory process requires that a formal public consultation is held on the detail of the proposed Short Term Let Control Area. That process is still underway, and a final decision by Members is expected in 2026. 37 If the STL Control Area is established, all properties will require a change of use application. In terms of the assessment of this application once the area is adopted all planning applications will be considered in the same manner as this one with considerations above being applied. Design and Layout 38 The proposed change of use would not affect the physical appearance of the building, changes to the dwelling have been raised however these have been previously agreed as a non-material variation of the last permission. 39 As such, the proposal accords with NPF4 Policy 14 Design and LDP2 Policy 1 Placemaking. Landscape 40 The site lies within the National Scenic Area (NSA). Policy 38 of LDP2 and Policy 4 of NPF4 apply within NSAs and the consideration is whether use as holiday let would negatively impact the integrity or have a significant adverse impact on the NSA. 41 There is concern that potential activities associated with the occupation of the STL are considered to cause potential harm mainly through water sports and general noise from the property. 42 There are a number of different types of holiday accommodation within the area so its not considered a further STL would negatively impact NSA. The planning authority can also not control activities on Loch Tummel and individuals’ behaviour. However with the proposal relating to one single house it’s considered that the use as an STL would not negatively impact the wider NSA designation. 43 The proposal is therefore considered to comply with Policy 38 Environment and Conservation: National Designations of LDP2 and Policy 4 Natural Places of NPF4. Page 202 of 248
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Residential Amenity 44 NPF4 Policy 14: Design, Quality and Place and LDP2 Policies 1A: Placemaking, and 8: Rural Business and Diversification support proposals, including business and tourism, which are compatible with the amenity and character of the surrounding area, and consistent with the six qualities of successful places. It is acknowledged that short term lets can result in additional levels of disturbance and noise concerns, and that the primary avenue to regulate such matters is via the separate licensing regime. 45 In this instance, the existing building is a five-bedroom detached house, set in a wider parcel of land owned by the applicant. There are other residences to the west in excess of 1km and to the east approx. 330m. It is considered that the proposed change of use would be sufficiently distanced from such residences as not to cause concern in respect of noise and disturbance, even if guests comprise a group or more than one family. 46 Issues around activities on the Loch; speed boats, jet skis, water skiing have been raised but these are not within the control of planning. The applicant has confirmed that they won’t be offering equipment for these activities. 47 The proposal therefore accords with NPF4 Policy 14(c), and LDP2 Policies 1A and 8 in respect of residential amenity. Roads and Access 48 The application site has an existing access and a large area for parking and turning. As such, the proposal does not raise concern in terms of parking or access. The site could be accessed by public transport as buses use the B8019 although it is accepted that people will use private vehicle as would be the case for many other rural STLs. The proposal accords with NPF4 Policy 13 and LDP2 Policy 60B. Drainage and Flooding 49 The dwelling has already been constructed and there are no new drainage connections proposed. Reference has been made to a hot tub and it’s been raised that SEPA should carry out an assessment on the impact of drainage on the integrity of the River Tay SAC. 50 The siting of a hot tub would not require panning permission and the agent has confirmed that the discharge of effluent from a single domestic scale hot tub to groundwater is authorised without notifying SEPA. The hot tub will be managed and maintained by the onsite Manager. 51 As such, it is considered that the proposal accords with NPF4 and LDP2 policies in relation to drainage and the River Tay SAC. Page 203 of 248
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Waste Collection 52 An informative shall draw the applicant's attention to the fact that domestic waste bins cannot be used for self-catering accommodation. A commercial waste contract must therefore be established for the holiday unit. There is sufficient space for bin storage within the property and the proposal accords with NPF4 Policy 12. Natural Heritage and Biodiversity 53 This application is for change of use of the existing building no built development is being granted under this application. In this case no surveys are required in relation to trees or protected species. 54 The proposed change of use does not raise concern in terms of natural heritage or biodiversity. the proposal accords with NPF4 Policy 3 and 6 and LDP2 Policy 40 and 41 in relation to trees and biodiversity. Developer Contributions 55 There are no developer contributions applicable to this proposal. Economic Impact 56 The economic impact of the proposal will directly support the contribute to the local economy. Variation of Application Under Section 32A 57 This application was not varied prior to determination. Planning Obligations and Legal Agreements 58 None required. Direction By Scottish Ministers 59 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 60 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 Page 204 of 248
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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 property subject to this planning permission shall be used either as a residential dwelling or as a short term let accommodation unit and no other use, and there shall be no restriction on the interchangeability between these two approved planning uses. Reason - In order to clarify the terms of the permission; to control and restrict the use of the building. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes 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 Page 205 of 248
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Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. Please use the form attached herewith. 3. Part of the approved development includes holiday accommodation or Short-term Let accommodation (STL). The developer is advised that holiday accommodation and STLs require to be licensed under the terms of Article 3 of The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 and Amendment Order 2024 and therefore a licence application should be made to Perth and Kinross Council prior to operation commencing. Further information and application forms are available at https://www.pkc.gov.uk/shorttermlets. 4. 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. Background Papers Letters of representation 12 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 Page 206 of 248
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Ü Change of use of dwellinghouse to dwellinghouse/short term let accommodation unit at Schiehallion House, Strathtummel, Aberfeldy, PH16 5NT 25/01420/FLL Scale 1:20,000 Planning and Placemaking Committee - 3 December 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(3)(iv) Page 207 of 248
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Ü Change of use of dwellinghouse to dwellinghouse/short term let accommodation unit at Schiehallion House, Strathtummel, Aberfeldy, PH16 5NT 25/01420/FLL Scale 1:10,000 Planning and Placemaking Committee - 3 December 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(3)(iv) Page 209 of 248
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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. 25/343) Proposal: Residential development (in principle) Location: Land 30 metres north of Steadingfield, 4 Caroline Place, Wolfhill, Perth, PH2 6TJ Ref. No: 25/00928/IPL Ward No: P2- Strathmore 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 application is for a residential development (in principle). 2 The application site is located on the corner of Old Church Road and Caroline Place in the village of Wolfhill. The site of 0.18 ha forms part of the north eastern corner of an agricultural field. There are dwellinghouses located on the north side of Old Church Road and on the east side of Caroline Place. There are also houses to the south of the site on Caroline Place. The north and east of the site is bounded by a drystane dyke. The south is bounded by fencing and vegetation mainly associated with existing properties. The western part of the site is largely open to the agricultural field. 3 The field is currently in agricultural use and is accessed from the south of properties on Caroline Place. 4 An indicative site plan shows two plots fronting on to Old Church Road (Drawing 03), with vehicular access taken from Caroline Place. 5 This is an application to establish the principle of residential development on the site. The number of dwellinghouses, design and layout, drainage and landscaping would be the subject of a further application. An application has also 5(3)(v) Page 211 of 248
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been submitted by the applicant (Reference: 25/00927/IPL) on land on the south side of Dunsinnan Road on the east side of the village. That application was considered by Planning and Placemaking Committee on 8th October 2025 and was approved subject to conditions. Site History 6 No relevant site history. Environmental Impact Assessment 7 The proposal is not EIA development. Pre-Application Consultation 8 Pre application Reference: No pre-application advice was sought for this proposal. 9 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 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 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. 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 4: Natural Places • Policy 5: Soils • Policy 6: Forestry, Woodland and Trees • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place Page 212 of 248
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• Policy 16: Quality Homes • Policy 18: Infrastructure First • Policy 20: Blue and Green Infrastructure • Policy 22: Flood Risk and Water Management 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; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 6: Settlement Boundaries • Policy 15: Public Access • Policy 17: Residential Areas • Policy 32: Embedding Low & Zero Carbon Generating Technology in New Development • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 50: Prime Agricultural Land • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 53E: Water Environment and Drainage: Water Supply • Policy 58A: Contaminated and Unstable Land: Contaminated Land • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals • Policy 61: Airfield Safeguarding Statutory Supplementary Guidance • 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 - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) Page 213 of 248
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Other Material Considerations PKC Non Statutory Guidance • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • 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 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 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. Page 214 of 248
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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. The application site is not in an area with a Local Place Plan at this time, although it is understood that there is community desire to create one. Consultations 21 As part of the planning application process the following bodies were consulted: External 22 Scottish Water - No objection. There is currently sufficient capacity in the Perth Water Treatment Works to service the development. Further investigations may be required to be carried out once a formal application has been submitted to Scottish Water. The proposed development is within the Wolfhill Waste Water Treatment Works catchment. The applicant is recommended to complete a Pre- Development Enquiry directly to Scottish Water to allow a full appraisal of the proposal. Internal 23 Transportation and Development - No objection, subject to conditions. 24 Development Contributions Officer - Conditions to be applied for developer contributions towards affordable housing, primary education infrastructure and transport infrastructure to ensure the development is in accordance with the terms of the Perth and Kinross Local Development Plan 2 (2019) and to comply with the Council’s policy on Developer Contributions and Affordable Housing Supplementary Guidance 2023. 25 Development Plan - NPF4 and LDP2 policies offer support for the proposal. 26 Environmental Health (Contaminated Land) - No objections subject to condition. 27 Planning Enforcement Officer (Trees) - No objection. However, offers advice in respect of the implications of the existing trees on developable areas of the site, and that the indicative site layout may require to be amended to better account for the trees on site. Representations 28 30 letters of representations were received objecting to the application. The main issues raised within the representations are: Page 215 of 248
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• Visual impact and damage to the character of the village in historic area close to old buildings. • Loss of open views. • Failure to safeguard the character of the countryside such as the historic drystane dyke. Removal would need permission from Scottish ministers GAEC – Good Agricultural and Environmental Conditions rules. Should retain historic landscape features. • Impact on wildlife/wildlife habitat - loss of trees, application form says there are no trees on the site and there are. Also, trees at site entrance. • TPO the oak tree • Contaminated land – old quarry hole – filled with garden and farm rubbish, not suitable for development. Survey before approved/need conditions if approved, bond and compensatory requirements. • Detrimental impact on existing infrastructure in the village. • The village lacks amenities for an expanding population. • Inappropriate land use – should remain agricultural land. • Negative cumulative impact on village with 14 houses also approved at west end of village, precedent for more development. • Pressure on local primary school – wait for outcome of school assessment review. • Existing public transport links are inadequate, and development will not reduce travel demand by car. • Impact on bus stop adjacent to the site • Road safety – lack of pavements/narrow pavements, increase in traffic, conflicts with farm traffic • Flooding, drainage and water pressure issues. Field is prone to flooding/lack of drainage detail. • SUDS should be within site, not in field, monitor run-off for 10 years. • Issues with electricity • No mains gas • Out of character, and poor design, plot size not in keeping – limit to one house, one storey, follow existing building line on Caroline Place. • No open space provision • Further development will impact on tranquil quality of the landscape. • Impact on core path and core path users. • Impact on residential amenity and health and wellbeing of residents - detrimental impact on outlook, overlooking and privacy, overshadow solar panels. • Loss of prime agricultural land. • Development of greenfield site. • Site is not allocated for housing in the LDP. • Premature – should wait for LDP3 • The site is higher than dwellinghouses on the north side of Old Church Road and as result this will raise issues of overlooking and privacy. • Artificial settlement boundary in LDP2. Page 216 of 248
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• Contrary to Development Plan – including LDP2 policies 1A and 1B Placemaking, 17 Residential Areas, 39 Landscape, 40 Forestry, Woodland and Trees, 41 Biodiversity, 50 Prime Agricultural Land, 58 Contaminated Land and 60 Transportation Standards and Accessibility Requirements. Also, NPF4 policies 3 Biodiversity, 4 Natural Places, 6 Soils, 7Historic Assets and Places, 13 Sustainable Transport, 14 Design, Quality and Place and 15 Local Living and 20 Minute Neighbourhoods. • Wolfhill is a non-tiered village in LDP2 with no specific land allocated for housing as there is no demonstrable need for housing in this village. • The planning submission inaccurately characterises the site as having "low biodiversity value." The site includes a mature oak tree which supports the lifecycle of the purple hairstreak butterfly. • Wolfhill is part of the Villages Biodiversity Scheme and options for enhancement that amount to no more than the planting of a hedge doesn’t replace existing habitats such as oak tree and dry stane dyke that could be lost. • Noise, light pollution. 29 These issues are addressed in the Appraisal section of the report. Other issues raised 30 No consultation undertaken by the applicant with the community - 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. Notwithstanding the applicant has undertaken a degree of consultation via a Community Council meeting to present the proposals. It is also understood that there has been a meeting between the applicant and the organisers of the Local Place Plan. 31 Construction process – the construction phase is not a material planning consideration. However, good practice is set out in guidance published by Environmental Health and includes regulations to control operational hours of sites during the construction phase. 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 Planning Statement submitted not required Report on Impact or Potential Impact eg Flood Risk Assessment Tree survey and Contaminated Land Survey submitted Page 217 of 248
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Appraisal 32 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. Principle 33 When considering all development proposals significant weight will be given to the global climate and nature crises (NPF4 Policy 1). NPF4 Policy 2 aims to minimise emissions from development and NPF4 Policy 3 aims to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. LDP2 Policy 32 and LDP2 Policy 41 align with these national policies. 34 NPF4 policies for consideration include NPF4 Policy 14 Design, Quality and Place which supports well designed development which is consistent with the six qualities of successful places. LDP2 Policy 1: Placemaking aligns with this national policy and states development must contribute positively to the quality of the surrounding built and natural environment. The policy requires all development to be planned and designed with reference to climate change, mitigation and adaptation. The design, density and siting of development should respect the character and amenity of the place, and should create and improve links within and, where practical, beyond the site. Proposals should also incorporate new landscape and planting works appropriate to the local context and the scale and nature of the development. Policy 1B sets out the placemaking criteria which should be met. 35 The site is in a settlement boundary and LDP2 Policy 17: Residential Areas states that in general, encouragement will be given to proposals which fall into one or more categories of development (listed as a-e) and which are compatible with the amenity and character of the area. The following categories are relevant to the proposal – (a) Infill residential development at a density which represents the most efficient use of the site while respecting its environs and (b) Proposals which will improve the character and environment of the area or village. 36 NPF4 Policy 16: Quality Homes encourages, promotes and facilitates the delivery of more high quality, affordable and sustainable homes, in the right locations. Page 218 of 248
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37 NPF4 Policy 16 f) states that proposals for new homes on land not allocated for housing in the LDP will only be supported in limited circumstances where: i. the proposal is supported by an agreed timescale for build-out; and ii. the proposal is otherwise consistent with the plan spatial strategy and other relevant policies including local living and 20-minute neighbourhoods; and iii. the proposal is for smaller scale opportunities within an existing settlement boundary. 38 The consideration of this application raises similar issues to the recent application for residential development in principle on Dunsinnan Road that was approved at the Planning and Placemaking Committee on 8th October 2025. Much of the report therefore aligns with the similar considerations of that proposal. There are some differences in the detail with this site, in that it has a former use as an quarry that raises the potential of ground contamination. There is also a mature oak tree, and other trees on or immediately adjacent to the site. Both these constraints may impact potential development on the site. These aspects of the development and the highlighted policies will be discussed further in the report. Land Use 39 The application site is within the settlement boundary of Wolfhill. LDP2 Policy 17: Residential Areas encourages infill residential development inside settlement boundaries which is compatible with the amenity and character of the area and is at a density which represents the most efficient use of the site while respecting its environs. 40 The site is ‘white land’ and whilst not specifically allocated for housing in LDP2 it provides an opportunity for a small-scale infill residential development. Typically, it is only larger sites which are allocated specifically for residential use, and the fact that this site is not allocated does not necessarily mean that a future residential development is unacceptable. 41 NPF4 Policy 16: Quality Homes paragraph f) supports the development of new homes on land not allocated for housing in the LDP in limited circumstances where: i. the proposal is supported by an agreed timescale for build-out; and ii. the proposal is otherwise consistent with the plan spatial strategy and other relevant policies including local living and 20 minute neighbourhoods; iii. the proposal is for smaller scale opportunities within an existing settlement boundary 42 This is an application to assess the principle of a residential development and in respect of criterion i) above a timescale for build-out is not required. A permission Page 219 of 248
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in principle is granted for a period of five years to allow detailed applications to be submitted thereafter. 43 In respect of ii) and iii) above, the proposal is for a small-scale housing development in a rural settlement identified in LDP2. Small-scale development is generally supported within settlements where it can help to attract facilities and services, thereby enhancing local living. 44 In circumstances when the principle of a development is acceptable, compliance conditions are used to ensure that future detailed applications fully address the outstanding matters to the standards expected by the Council as Planning Authority, and this approach is considered appropriate for this proposal. 45 The proposal satisfies NPF4 Policy 16 f) and LDP2 Policy 17. Greenfield and Prime Agricultural Land 46 NPF4 Policy 9b states that proposals on greenfield sites will not be supported unless the site has been allocated for development or the proposal is explicitly supported by policies in the LDP. The proposal is sited within a defined settlement boundary which establishes the principle of development under LDP2 Policy 6 and Policy 17. 47 The site is Class 2 Prime Agricultural Land and the proposal does not meet any of the exceptions specified in NPF4 Policy 5b to support development. LDP2 Policy 50 permits development on Prime Agricultural Land located within a settlement boundary. It is important to highlight that the cumulative loss of prime agricultural land was considered when drawing settlement boundaries for LDP2. The land surrounding Wolfhill is Prime Agricultural Land. Whilst NPF4 takes precedent over the local development plan policy it is considered that the proposed small-scale housing development on a site of 0.18 ha in a settlement boundary would not result in any significant cumulative impacts on Prime Agricultural Land, that would not be outweighed by the provision of housing in the midst of an identified housing crisis. Contaminated Land 48 Historical mapping shows a former quarry which has now been infilled within the proposed site. The applicant has undertaken a Stage 1 Desk Study and Stage 2 Preliminary Ground Investigation. Made ground was found which would need to be excavated and moved on site prior to any house foundations being laid. The report also recommended that ground gas monitoring would be required to inform any detailed designs. Contaminated Land colleagues have assessed the information and concur with the recommendations for further assessment of ground gas generation potential across the site, and with testing of soils before use in gardens and landscaping. It is advised that the findings of these assessments should be presented within a verification report prior to completion of any development. The information provided would satisfy the pre- commencement element of the standard contaminated land condition. It is Page 220 of 248
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however recommended that the full condition be attached to any consent and remain in place until a verification report is presented prior to completion of any development (Condition 4). Natural Heritage, Biodiversity and Trees 49 The initial submission did not include any information relating to the existing trees on the site. The applicant was asked to undertake a tree survey to identify the trees on the site and assess the constraints to development posed by the trees such as in terms of the extent of root protection areas. The survey omitted the tree on the verge close to the proposed site entrance. The agent suggests that if approved, the protective measures which are detailed in the arborist report could also be used to safeguard the verge tree. 50 The Tree Survey has been assessed by the Council’s Enforcement Officer (Trees). A requirement of granting planning permission would be that the existing trees on the site are retained and that a revised tree survey be submitted to inform the layout of development on the site. This would likely necessitate a change from the indicative layout tabled at present. 51 The biodiversity value of the site, particularly of the mature oak tree, is highlighted in the representations. As part of any further detailed application it is recommended that a preliminary ecological appraisal shall be submitted for written approval by the Council as Planning Authority with further surveys provided as required by the preliminary appraisal. The report should outline biodiversity protection and enhancement measures. In parallel, these could also help integrate the development into the settlement through reinforcing boundary planting. The conclusions and recommendations set out in the report shall be fully adhered to, respected and undertaken to the satisfaction of the Council as Planning Authority (Condition 5). Design, Layout and Visual Amenity 52 This is an application to establish the principle of a residential development on the site. The number of dwellinghouses, design and layout, drainage and landscaping would be the subject of a further application. 53 An indicative site plan submitted with the application shows the development of two dwellinghouses fronting on to Old Church Road with access from Caroline Place. The agent has confirmed that the reason for the access location was to protect the positive qualities of the uninterupted street scene achieved via the existing grass verge and drystone dyke The indicative proposed layout has not taken account of the mature oak tree on the site or the less mature oak tree close to the entrance. The site is therefore relatively constrained and account should be taken of these trees in any detailed submission. There has also been representations in terms of the requirement to remove part of the drystane dyke to accommodate an access. This would not require authority from the Scottish Ministers as suggested in representations as if planning permission is granted it would no longer be subject to agricultural land management rules. Page 221 of 248
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Notwithstanding the details shown on the drawings, no permission is granted for the submitted layout or the number of plots and a condition is proposed to confirm this (Condition 6). 54 NPF4 Policy 14 and LDP2 Policy 1 and related Placemaking Supplementary Guidance promote well designed development which is consistent with the six qualities of successful places. Further detailed applications should take account of local context, characteristics and connectivity to ensure a high-quality design and layout. Given the nature of the site and its relationship with surrounding dwellinghouses a condition is proposed to ensure the dwellinghouses are single storey (Condition 7). 55 The submission was amended to identify trees on the site. The existing trees should be protected and sensitively integrated into the proposed development (Conditions 8 and 9). New planting should be incorporated to enhance the existing natural features (Condition 10). Residential Amenity 56 This application is in principle only so there are no detailed matters to consider, other than whether or not residential use is acceptable on site. 57 The representations raise the detrimental impact on residential amenity through overlooking and loss of privacy. Further applications will consider a suitable density, layout, orientation and design of the dwellings. Condition 7 is proposed to restrict the dwellinghouses to single storey to respect the issues raised in the representations in terms of site levels and the character of the surrounding dwellinghouses. 58 A Design Statement should be provided with further detailed applications in line with LDP2 Policy 2. Further detailed applications will be required to demonstrate compliance with national and local planning policy and address the issues raised in the representations to ensure that existing residential amenity is protected and that a suitable level of residential amenity for future occupiers of the dwellings is provided. (Condition 2). Roads and Access 59 Access to the site is proposed from Caroline Place. The consultation response from Transport Planning outlines the roads design standards that should be complied with in detailed applications. The consultation response also sets out a number of requirements for the developer to enhance pedestrian safety and includes an upgrade to the existing bus shelter (Conditions 11-13). 60 The core path network BURR/160 is on Caroline Place. The applicant shall detail potential measures to maintain connectivity to the core path network and Right of Way during building works or on completion of the development in line with NPF4 Policy 20 and LDP2 Policy 15 (Condition 14). Page 222 of 248
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61 The representations highlight the single-track roads with limited passing places through the village, the lack of pavements and the limited public transport provision. They stress the negative impact the proposed development would have on road and pedestrian safety due to increased traffic and car dependency. 62 This is an application to establish the principle of a residential development on the site. The proposal is for a small-scale housing development in a rural settlement identified in LDP2. Small-scale development that increases settlement density can help attract facilities and services. In circumstances when the principle of a development is acceptable, compliance conditions are used to ensure that future detailed applications fully address the outstanding matters to the standards expected by the Council as Planning Authority, and this approach is considered appropriate for this proposal. Drainage and Flooding 63 The site is not shown on SEPA maps as being in an area subject to flood risk. 64 Flooding and drainage issues have been raised in the representations. In circumstances when the principle of a development is acceptable, compliance conditions are used to ensure that future detailed applications fully address the outstanding matters to the standards expected by the Council as Planning Authority, and this approach is considered appropriate for this proposal. Full details of surface water and foul drainage for the development shall be submitted with detailed applications (Conditions 15 and 16). Waste Collection 65 Further details will be provided through detailed applications which will be reviewed for compliance by Transport Planning and the Waste Team, informative 8 refers. Low and Zero Carbon Generating Technologies 66 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 is for new build, 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, a condition shall ensure that information is submitted with a further application for the written approval of the Council as Planning Authority (Condition 3). The proposal therefore complies with the relevant policies. Page 223 of 248
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Developer Contributions 67 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. Condition proposed to ensure compliance with the Council’s policy on Developer Contributions and Affordable Housing Supplementary Guidance 2023 (Condition 17). 68 This proposal is within the catchment of Guildtown Primary School. The Council’s Developer Contributions Supplementary Guidance requires a financial contribution towards increased primary school capacity in areas where a primary school capacity constraint has been identified. This school is not presently identified as requiring investment in relation to capacity constraints. However, a condition proposed to ensure compliance with the Council’s policy on Developer Contributions and Affordable Housing Supplementary Guidance 2023 (Condition 18). 69 The application site falls within the identified Transport Infrastructure Supplementary Guidance boundary, at a location where the ‘reduced’ contribution level would presently be applied. Condition proposed to ensure compliance with the Council’s policy on Developer Contributions and Affordable Housing Supplementary Guidance 2023 (Condition 19). Material Considerations 70 Representations – 29 objections and one general comment on the application outline issues including the design and layout, density, impact on residential amenity, contamination road and pedestrian safety, flooding and drainage, negative impact on trees and biodiversity and loss of prime agricultural land. 71 This is an application to establish the principle of a residential development on the site. The number of dwellinghouses, design and layout, drainage and landscaping would be the subject of a further detailed application. Compliance conditions are used to ensure that future detailed applications fully address the outstanding matters to the standards expected by the Council as Planning Authority, and this approach is considered appropriate for this proposal. 72 As outlined in the report, the site is ‘white land’ and whilst not specifically allocated for housing in LDP2 it provides an opportunity for a small-scale infill residential development in a settlement boundary. 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. Economic Impact 73 The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. Page 224 of 248
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Variation of Application Under Section 32A 74 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 include tree and contaminated land information. Planning Obligations and Legal Agreements 75 None required. Direction By Scottish Ministers 76 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 77 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 in principle will last only for five years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in Principle in terms of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The development shall not commence until the following specified matters have been the subject of a formal planning application for the approval of the Council as Planning Authority: the siting, design and external appearance of the development, the hard and soft landscaping of the site, all means of enclosure, means of access to the site, vehicle parking and turning facilities, levels, drainage and waste management provision. Page 225 of 248
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Reason - This is a Planning Permission in Principle in terms of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 3. Further to condition 2 above, measures for each residential unit to maximise environmental sustainability through design, orientation and planting or any other means shall be submitted for the written agreement of the Council as Planning Authority. These measures shall include a scheme that demonstrates how current carbon emissions reduction set by the Scottish Buildings Standards will be met through the installation and operation of low and zero-carbon technologies, specifying what these technology types are, their location and ongoing operation and maintenance. All works shall be carried out in accordance with the agreed scheme and be operational prior to the occupation of each residential unit. Reason - In order to clarify the terms of the permission which is granted in principle only. 4. Development shall not commence on site until an evaluation for the potential of the site to be affected by contamination by a previous use has been undertaken and, as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been submitted for consideration and accepted by the Council as Planning Authority. If the preliminary risk assessment identifies the need for further assessment, an intrusive investigation shall be undertaken to identify; i. the nature, extent and type(s) of contamination on the site ii. measures to treat/remove contamination to ensure the site is fit for the use proposed iii. measures to deal with contamination during construction works iv. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason - In order to deal with any potential contamination of the site as a result of its former use. 5. A preliminary ecological appraisal shall be submitted for written approval by the Council as Planning Authority with further detailed applications. This shall outline biodiversity protection and enhancement measures. The conclusions and recommendations set out in the report shall be fully adhered to, respected and undertaken to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. Page 226 of 248
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6. Notwithstanding the details shown on the drawings hereby approved, no permission is granted for the submitted layout or the number of plots. Reason - In order to clarify the terms of the permission which is granted in principle only. 7. The dwellinghouses shall be of single storey proportions and appearance with any upper level accommodation being wholly contained within the roof space. Reason - In the interests of visual and residential amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 8. All existing trees on the site shall be retained and their retention or proposed lopping, topping or felling shall be shown in the submission of the matters specified in Condition 2 above. Reason - This is a Planning Permission in Principle under Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended by Section 21 of the Planning etc. (Scotland) Act 2006. 9. No trees on the site shall be felled without the prior written agreement of the Council as Planning Authority. Any detailed application shall be accompanied by a detailed tree survey carried out by a qualified and independent arborist indicating the type, age, condition, location and accurate canopy spread of all the trees and hedge on and affected by the site and including a tree and hedge management report with details of the tree and hedge protection measures to be employed during construction in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Reason - This is a Planning Permission in Principle under Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended by Section 21 of the Planning etc. (Scotland) Act 2006. 10. Further to condition 2 above, a detailed landscaping and planting scheme for the site shall be submitted to and approved in writing by the Council as Planning Authority. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and installation methods and, species, height, size and density of trees and shrubs to be planted. The scheme as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained to the satisfaction of the Council as Planning Authority. Page 227 of 248
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Reason - This is a Planning Permission in Principle under Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended by Section 21 of the Planning etc. (Scotland) Act 2006. 11. Further to condition 2 above, the development shall not commence until the following specified matters have been the subject of a formal planning application for the approval of the Council as Planning Authority: All matters regarding access, junction visibility, vehicle parking and turning facilities, public transport facilities, walking and cycling facilities ,and the road layout, design and specification (including the disposal of surface water), and waste management provision shall be in accordance with the standards required by the Council as Roads Authority (as detailed in the National Roads Development Guide) and to the satisfaction of the Planning Authority. Reason - This is a Planning Permission in Principle in terms of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 12. As part of the first application for the Approval of Matters Specified by Condition (AMSC) or detailed application, a detailed design showing the full visibility splays along the channel line shall be provided to the left and right of the access, at a set-back of 2.4 metres measured 1.05 metres above the road level to the standard and specification required by the Council as Roads Authority to the satisfaction of the Planning 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 greater than 1.05 metres in height shall be removed and relocated outwith the splays. Once formed, the visibility splays shall be permanently retained thereafter, and no visual obstruction above 1.05 metres of any kind shall be permitted within the visibility splays so formed. The visibility splays, as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority and undertaken prior to the commencement of construction associated with the AMSC or detailed application. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 13. As part of the first application for the Approval of Matters Specified by Condition (AMSC) or detailed application, a detailed design showing the footway along the frontage of the site connecting with the junction of Caroline Place/ Old Church Road to provide a connection to the bus stop for local bus and school transport. The detailed design shall include the works at the bus stop at Old Church Road (NaPTAN Code: 73742686), which shall be upgraded to a three bay enclosed bus shelter by the developer to provide and install on appropriate hard stand asphalt areas a bus shelter with a 3 bay enclosed bus shelter supplied (Cairngorm style) and installed with passenger information board, community information board, LED spotlights (one per bay), a 28in Ultra-Wide Display Screen for Real Time Passenger Information installed on the approach side of the shelter and a 24/7 electrical power supply to a Haldo pillar adjacent to the Page 228 of 248
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shelter to provide power for the LED lighting and Real Time Passenger Information display. The bus shelter and footway as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority and undertaken prior to the occupation of the first dwellinghouse associated with the AMSC or detailed application. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 14. Core path (BURR/160) must not be obstructed during building works or on completion of the development. Any damage done to the route and/or the associated signage during building works must be made good before the development is completed or brought into use, whichever is the earlier. Reason - To ensure continued public access to the public paths and in the interests of public safety within the site. 15. Further to condition 2 above, a detailed sustainable urban drainage system (SUDS) shall be 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. 16. Surface water runoff from all impermeable surfaces such as roofs and hardstandings shall be disposed of by means of a suitable Sustainable Urban Drainage System (SUDS) to meet the requirements of best management practices. Reason - To ensure the provision of effective drainage for the site. 17. The development shall be in accordance with the requirements of Perth & Kinross Council's Developer Contributions and Affordable Housing Supplementary Guidance 2023 in line with Policy 20: Affordable Housing of the Perth & Kinross Local Development Plan 2 (2019), or such subsequent Guidance and Policy which may replace these. Reason - To ensure the development is in accordance with the terms of the Perth and Kinross Local Development Plan 2 (2019) and to comply with the Council's policy on Developer Contributions and Affordable Housing Supplementary Guidance 2023. 18. The development shall be in accordance with the requirements of Perth & Kinross Council's Developer Contributions and Affordable Housing Supplementary Guidance 2023 in line with Policy 5: Infrastructure Contributions Page 229 of 248
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of the Perth & Kinross Local Development Plan 2 (2019) with particular regard to primary education infrastructure, or such subsequent Guidance and Policy which may replace these. Reason - To ensure the development is in accordance with the terms of the Perth and Kinross Local Development Plan 2 (2019) and to comply with the Council's policy on Developer Contributions and Affordable Housing Supplementary Guidance 2023. 19. The development shall be in accordance with the requirements of Perth & Kinross Council's Developer Contributions and Affordable Housing Supplementary Guidance 2023 in line with Policy 5: Infrastructure Contributions of the Perth & Kinross Local Development Plan 2 (2019) with particular regard to transport infrastructure, or such subsequent Guidance and Policy which may replace these. Reason - To ensure the development is in accordance with the terms of the Perth and Kinross Local Development Plan 2 (2019) and to comply with the Council's policy on Developer Contributions and Affordable Housing Supplementary Guidance 2023. 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. Informatives 1. Applicants are advised that should their application for Approval of Matters specified be refused and/or their appeal against such refusal dismissed outwith the three year time limit they are entitled to submit a revised application for Approval of Matters specified within six months after the date of refusal of the earlier application or of the dismissal of an appeal against such refusal. 2. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environmental Protection Agency. 3. The applicant should be advised that in terms of Section 21 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council as Roads Authority consent to construct a new road prior to the commencement of roadworks. Page 230 of 248
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Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 4. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 5. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 6. 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 7. 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. 8. 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. 9. 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 include tree and contaminated land information. Background Papers Letters of representation 30 Authors Name Designation Contact Details Persephone Beer Planning Officer 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Paul Williamson Team Leader (Local Developments) 19 November 2025 Page 231 of 248
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Ü © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 3 December 2025 25/00928/IPL Residential development (in principle) on land 30 Metres North of Steadingfield, 4 Caroline Place, WolfhillScale 1:20,000 5(3)(v) Page 233 of 248
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Ü © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Planning and Placemaking Committee - 3 December 2025 25/00928/IPL Residential development (in principle) on land 30 Metres North of Steadingfield, 4 Caroline Place, WolfhillScale 1:10,000 5(3)(v) Page 235 of 248
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Perth and Kinross Council Planning and Placemaking Committee – 3 December 2025 Pre-Application Report by Development Management and Building Standards Service Manager (Report No. 25/344) Proposal: Mixed use development comprising erection of a hotel, restaurants/drive thru restaurant, petrol filling station, EV charging hub, formation of park and ride with ancillary retailing, HGV parking, formation of access road, landscaping and associated engineering works Location: Land 680 Metres North of Bertha Park Farm, Perth, PH1 3EQ Ref. No: 25/00015/PAN Ward No: P5- Strathtay Summary This report is to inform the Committee of a potential forthcoming planning application in respect of a major development for mixed use development comprising erection of a hotel, restaurants/drive thru restaurant, petrol filling station, EV charging hub, formation of park and ride with ancillary retailing, HGV parking, formation of access road, landscaping and associated engineering works on land 680 Metres North of Bertha Park Farm, Perth, PH1 3EQ. The report also aims to highlight the key planning policies and the likely stakeholders who would be involved in the decision making process, and to offer a brief overview of the key planning issues which are likely to be relevant to the proposal. Background and Description 1. In accordance with the provisions of the Town & Country Planning (Scotland) Act 1997 (as amended), the applicants submitted a Proposal of Application Notice (PoAN) on 22 September 2025. The purpose of this report is to inform the Planning and Placemaking Committee of a forthcoming planning application in respect of a major development for mixed use development comprising erection of a hotel, restaurants/drive thru restaurant, petrol filling station, EV charging hub, formation of park and ride with ancillary retailing, HGV parking, formation of access road, landscaping and associated engineering works on land 680 Metres North of Bertha Park Farm, Perth, PH1 3EQ. Pre-application reports give the Committee an opportunity to raise issues which it would like to see addressed in the planning application. 2. This PoAN seeks to formally establish a major development. The exact range of uses, scale and design of the development will be arrived at during pre- application discussions. 6(i) Page 237 of 248
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Environmental Impact Assessment (EIA) 3. Due to the scale of the proposal it will require to be screened as to whether the proposal is an EIA development under the EIA 2017 Regulations. A screening request is required to be submitted by the applicant. Pre-Application Process 4. The PoAN (reference 25/00015/PAN) confirmed that two public exhibitions will be held at The Hub, 15 Adamson Avenue, Bertha Park, Perth. The first event on 8 October 2025 between 3:30pm and 7.15pm and the second event on 26 November 2025 between 3.30pm and 7.15pm. The Ward Councillors, MP, MSP, and Luncarty, Redgorton and Moneydie Community Council have been notified. The results of the community consultation will be submitted with the planning application as part of the required Pre-Application Consultation (PAC) Report. Development Plan 5. The Development Plan for the area comprises National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2 (2019) (LDP2). National Planning Framework 4 6. 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. 7. NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 8. The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crisis • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 18: Infrastructure First • Policy 20: Blue and Green Infrastructure • Policy 22: Flood Risk and Water Management • Policy 26: Business and Industry • Policy 28: Retail Page 238 of 248
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Perth and Kinross Local Development Plan 2019 9. 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. 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 7A: Employment and Mixed Use Areas: Business and Industrial • Policy 7B: Employment and Mixed Used Areas: Mixed Use Sites • Policy 13: Retail and Commercial Leisure Proposals • Policy 14A: Open Space Retention and Provision: Existing Areas • Policy 14B: Open Space Retention and Provision: Open Space within New Developments • Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 29: Gardens and Designated Landscapes • Policy 31: Other Historic Environment Assets • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 38A: Environment and Conservation: International Nature Conservation Sites • 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 47: River Tay Catchment Area • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 53E: Water Environment and Drainage: Water Supply • 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 • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Page 239 of 248
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Statutory Supplementary Guidance 10. • Supplementary Guidance - Delivering Zero Waste (adopted in 2020) • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2020) • 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) PKC Non-Statutory Guidance 11. The following non statutory guidance and documents are of particular importance in the assessment of this application: • Planning Guidance - Delivery of Development Sites • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity National Guidance 12. The Scottish Government expresses its planning policies and guidance through the National Planning Framework, Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. Planning Advice Notes 13. The following Scottish Government Planning Advice Notes are likely to be of relevance to the proposal: • PAN 1/2011 Planning and Noise • PAN 2/2011 Planning and Archaeology • PAN 3/2010 Community Engagement • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 73 Rural Diversification • PAN 75 Planning for Transport • PAN 79 Water and Drainage Planning Site History 14. 15/01112/IPM was Approved on 12 December 2016 for Residential development with community facilities, employment land, open space, landscaping and associated infrastructure (in principle) Page 240 of 248
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15. 18/01800/IPM was Approved on 25 September 2019 for Application under Section 42 of the Town and Country Planning (Scotland) Act 1997 to amend condition 1 (timescales for submission of Approval of Matters Specified by Conditions applications) and condition 2 (phasing of development) of planning permission 15/01112/IPM (residential development with community facilities, employment land, open space, landscaping and associated infrastructure (in principle)) 16. 18/02270/MPO On 3 June 2019 for Modification of planning obligation associated with permission 15/01112/IPM (Residential development with community facilities, employment land, open space, landscaping and associated infrastructure (in principle)) to amend the S75 agreement 17. 19/00918/MPO was Approved On 30 July 2019 for Modification of planning obligation associated with permission 15/01112/IPM (Residential development with community facilities, employment land, open space, landscaping and associated infrastructure (in principle) to amend the S75 agreement 18. 22/02043/MPO was Approved On 28 March 2023 for Modification of planning obligation associated with 15/01112/IPM (Residential development with community facilities, employment land, open space, landscaping and associated infrastructure) (in principle) 19. 24/01303/AMM was Approved On 12 February 2025 for Construction of Bertha Park link road between phase 1 at Bertha Park high school and phase 2 new A9 west roundabout and associated works (approval of matters specified in conditions of 18/01800/IPM) Consultations 20. As part of the planning application process the following would be consulted: External • Scottish Environment Protection Agency (SEPA) • NatureScot • Scottish Water • Transport Scotland • Historic Environment Scotland (HES) • Perth and Kinross Heritage Trust (PKHT) • Luncarty, Redgorton and Moneydie Community Council Internal • Environmental Health (Noise/Odour), (Contaminated Land), (Private Water Supply) • Development Plans • Development Contributions Officer • Community Greenspace including Access • Transportation and Development • Structures and Flooding Page 241 of 248
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• Economic Development • Waste Services • Biodiversity Officer • Tree Officer Key Issues Against Which A Future Application Will Be Assessed 21. The key considerations against which the eventual application will be assessed include: a. Visual Impact b. Scale, Design and Layout c. Relationship to Nearby Land Uses d. Natural Heritage and Ecology e. Landscape f. Water Resources and Soils g. Air Quality h. Transport Implications i. Tourism and Economy j. Impact on Agriculture k. Archaeology and Cultural Heritage Additional Statements Which Will Be Required 22. Should an EIA Report not be required the following supporting documents will need to be submitted with any planning application: • Planning Statement • Design and Access Statement • Pre-Application Consultation (PAC) Report • Leisure/Economic Impact Assessment • Transport Assessment • Flood Risk and Drainage Assessment • Landscape and Visual Impact Assessment • Tree and Woodland Survey • Noise Impact Assessment • Habitat Survey • Archaeological Assessment • Sustainability Assessment • Lighting Assessment • Ecological Impact Assessment • Biodiversity Action Plan • Air Quality Screening Assessment Conclusion and Recommendation 23. This report summarises the key issues which should be considered as part of the appraisal of any subsequent planning application which may be lodged in respect of this development and members are recommended to note these Page 242 of 248
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key issues and advise officers of any other issues which they consider should be included as part of the application and assessment. Authors Name Designation Contact Details Kirsty Strong Planning Support Officer 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 18 November 2025 Page 243 of 248
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Ü Mixed use development comprising erection of a hotel, restaurants/drive thru restaurant, petrol filling station, EV charging hub, formation of park and ride with ancillary retailing, HGV parking, formation of access road, landscaping and associated engineering works on land 680 metres North of Bertha Park Farm, Perth, PH1 3EQ 25/00015/PAN Scale 1:25,000 Planning and Placemaking Committee - 3 December 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 6(i) Page 245 of 248
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Ü Mixed use development comprising erection of a hotel, restaurants/drive thru restaurant, petrol filling station, EV charging hub, formation of park and ride with ancillary retailing, HGV parking, formation of access road, landscaping and associated engineering works on land 680 metres North of Bertha Park Farm, Perth, PH1 3EQ 25/00015/PAN Scale 1:10,000 Planning and Placemaking Committee - 3 December 2025 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 6(i) Page 247 of 248
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