Agenda Document Pack - Planning and Placemaking Committee - 10/04/2024
Perth and Kinross Council · 10 April 2024
Back to Planning and Placemaking Committee — 10 April 2024 and its agenda
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Securing the future… • Improving services • Enhancing quality of life • Making the best use of public resources Council Building 2 High Street Perth PH1 5PH 02/04/2024 A hybrid meeting of the Planning and Placemaking Committee will be held in the Council Chamber on Wednesday, 10 April 2024 at 09:30. If you have any queries please contact Committee 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 Councillor Brian Leishman Bailie Claire McLaren Councillor Crawford Reid Councillor Richard Watters Bailie Mike Williamson Page 1 of 86
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Planning and Placemaking Committee Wednesday, 10 April 2024 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 PLANNING AND PLACEMAKING COMMITTEE OF 13 MARCH 2024 FOR APPROVAL (copy to follow) 4 DEPUTATIONS 5 APPLICATIONS FOR DETERMINATION 5(1) LOCAL APPLICATIONS 5(1)(i) 23/01255/FLL - SITING OF MOBILE CRUSHING AND SCREENING PLANT (FOR A TEMPORARY PERIOD), NEWTYLE FARM, DUNKELD, PH8 0HZ Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 24/109) 5 - 26 5(1)(ii) 22/01868/FLL - CHANGE OF USE, ALTERATIONS AND EXTENSION TO WORKSHOP TO FORM DWELLINGHOUSE, ROWAN, GARTH, FORTINGALL Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 24/110) 27 - 42 5(1)(iii) 24/00043/FLL - ERECTION OF A DWELLINGHOUSE AND ASSOCIATED WORK, LAND 50 METRES WEST OF RUCHILSIDE FARM, COMRIE, CRIEFF Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 24/111) 43 - 64 Page 3 of 86
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6 PROPOSAL OF APPLICATION NOTICES (PAN) 6(i) 23/00019/PAN - MIXED USE DEVELOPMENT COMPRISING RESIDENTIAL, SELF-BUILD PLOTS, COMMERCIAL USE WORKSHOPS, ASSOCIATED INFRASTRUCTURE INCLUDING ACCESS, DRAINING AND LANDSCAPING, LAND 165 METRES SOUTH WEST OF HAUGHEND FARM, DUNKELD Pre-Application Report by Strategic Lead - Economy, Development and Planning (copy herewith 24/112) 65 - 74 6(ii) 24/00001/PAN - FORMATION OF 400KV SUBSTATION COMPRISING ERECTION OF ANCILLARY BUILDINGS, HARDSTANDING, PLAN AND MACHINERY ACCESS LAYDOWN/WORK COMPOUND AREA(S) AND ASSOCIATED WORKS, SHINDOUR, FEDDAL HILL WOOD, BRACO Pre-Application Report by Strategic Lead - Economy, Development and Planning (copy herewith 24/113) 75 - 86 Page 4 of 86
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Perth and Kinross Council Planning and Placemaking Committee – 10 April 2024 Report of Handling by Strategic Lead - Economy, Development & Planning (Report No. 24/109) PROPOSAL: Siting of mobile crushing and screening plant (for a temporary period) LOCATION: Newtyle Farm, Dunkeld, PH8 0HZ Ref. No: 23/01255/FLL Ward No: P5 - Strathtay Summary This report recommends approval for the temporary (2 year) period for the siting of a mobile crusher and screener associated to waste slate processing at Newtyle Farm, Dunkeld, 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 This application seeks to obtain detailed planning permission for the siting of a mobile crusher and screener (the ‘machinery’) for a further two-year period at a former slate extraction site at Newtyle Farm, Dunkeld. The machinery has previously been sited and operated for several years on both this, and at various other locations within the former slate extraction area. 2 In its current location, temporary planning permission granted in 2020, given until 1 July 2023 at which point it should have been removed on the basis that it was no longer required. At the present time, the screener remains on site but is not in use (with only maintenance and repair work having been undertaken in the intervening period), whilst the crusher was removed. This current application looks to extend that temporary period for a further 2-years, as there remain waste slate reserves to gather, process and export. 3 It should be noted that this planning application relates solely to the siting, and operation of the machinery. The physical gathering and removal of the surrounding waste slate material, which was left over from the former slate extraction activity is permitted development under the terms of Part 19, Class 66 of the Town and Country Planning (General Permitted Development) (Scotland) 5(1)(i) Page 5 of 86
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Order 1992 (GPDO). These permitted development rights are however subject to the specific conditions stated within that class – which includes control over the eventual restoration of the site and details of the vehicular access. As this particular part of the quarry sees Class 66 rights in place, material can be removed from the site until the defined area has been exhausted. This activity is ongoing, although the material is not currently being screened or crushed on site. The reason the waste slate is processed is to allow greater flexibility in the size (screened into separate piles i.e. small/medium/large pieces) and type of waste material available for reuse. PRE-APPLICATION CONSULTATION 4 The proposal is not classified as ‘Major’ development and as such did not require any statutory pre-application consultation with the local community. ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 5 The proposal has been screened and is not considered to require assessment through EIA. DEVELOPMENT PLAN 6 The Development Plan for the area comprises National Planning Framework 4 (NPF4), Perth and Kinross Local Development Plan 2 (2019) (LDP2) and statutory supplementary planning guidance (SPG). National Planning Framework 4 7 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. 8 NPF4 was adopted on 13 February 2023, 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 3: Biodiversity • Policy 4: Natural Places • Policy 12: Zero Waste • Policy 26: Business and industry • Policy 29: Rural Development Page 6 of 86
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Perth and Kinross Local Development Plan 2 (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 site is located within the landward area of the LDP2, where the following policies are applicable, • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 37: Inert and Construction Waste • Policy 38: Environment and Conservation • Policy 41: Bio-diversity • Policy 56: Noise Pollution • Policy 57: Air Quality Statutory Supplementary Planning Guidance 12 The following statutory SPG are applicable to this proposal, • Placemaking • Delivering Zero Waste • Landscape OTHER PKC POLICIES Non-Statutory Planning Guidance (PG) 13 The following non-statutory PG is applicable, • Planning & Nature NATIONAL PLANNING GUIDANCE 14 The Scottish Government expresses its planning policies and guidance through Planning Advice Notes (PAN), Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. Of relevance to this proposal are, Planning Advice Notes 15 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: Page 7 of 86
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• PAN 40 Development Management • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements • PAN 69 Planning and Building standards Advice on Flooding SITE HISTORY 16 There has been significant planning history across the wider former slate quarry site at Newtyle. This includes the following history on the site subject to the current planning application, 17 20/0005/NOTIF - Notification under Class 66 of the GPDO for the removal of slate waste within the area surrounding the site of the proposed machinery. PKC confirmed that the activities were permitted development, and this authorisation remains active until all the waste slate is removed from the notification area. It is not time barred. 18 20/00409/FLL – Detailed planning permission was approved until 1 July 2023 for the siting of the mobile crusher and screener (for a temporary period). The current planning application looks to reinstate that planning permission. Undetermined Planning Applications in the wider Newtyle area 19 22/01654/FLL - Detailed planning permission sought for the extraction of waste slate (for a temporary period). This application seeks approval for the further physical removal of slate waste on an area behind Deans Park. 20 23/01497/FLL - Detailed planning permission sought for the siting of mobile crushing and screening plant (for a temporary period). This application seeks approval for the siting of a screener and crusher on an area behind Deans Park and intended to be used in association with material removed under the terms of the above planning application. Previous Planning Approvals/Authorisations on other areas of Newtyle Farm 21 11/01125/PREAPP - Notification under Class 66 of the GPDO for the removal of slate waste. The area concerned being the initial extraction area immediately to the west of the public road, PKC confirmed that the activities were permitted development. 22 11/02014/FLL - Detailed planning permission for the Siting of mobile crushers and screener (in retrospect) on a site to the west of the public road. The machinery processed material gathered under the Class 66 authorisation above. Page 8 of 86
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This application was approved by the then Development Management Committee. 23 16/0038/NOTIF - Notification under Class 66 of GPDO for an extension to agreed period of works approved under 11/01125/PREAPP. This notification related to the same area as 11/01125/PREAPP but looked to extend the time for extraction only. PKC confirmed that the activities were permitted development. 24 17/0063/NOTIF - Notification under Class 66 of the GPDO for the removal of slate waste. The area concerned related to the northern area of extraction and PKC confirmed that the activities were permitted development. 25 17/00992/FLL - Detailed planning permission for the Siting of a mobile crusher and screener on a side on the northern extraction area. The machinery processed material which was extracted under the Class 66 authorisation granted under 17/0063/FLL. This application was approved by the Planning and Development Management Committee. 26 18/01250/FLL - Detailed planning permission for the formation of an agricultural access track and land engineering (in part retrospect) immediately west of the public road. This application saw no letters of representations. 27 19/0031/NOTIF - Notification under Class 66 of the GPDO for the removal of slate waste and related to the southern extraction area. This request was refused. 28 19/0047/NOTIF - Notification under Class 66 of the GPDO for the removal of slate waste and related to the southern extraction area. Further information was requested, and the notification was returned. Planning Enforcement Records associated to Newtyle 29 2010 – Enforcement Case (10/00351/UNAWKS) complaint received related to presumed unauthorised quarrying. No breach of planning control as activities confirmed as permitted development and related to the Class 66 authorisation approved under 11/01125/PREAPP. 30 2011 – Enforcement Case (11/00323/UNAWKS) complaint related to presumed unauthorised screening and grading of slate on the site to the south of the public road. Planning permission was deemed to be required and the approval of 11/02014/FLL regulated the breach 31 2016 – Enforcement Case (16/00058/ALUNDV) complaint received about removal of slate waste. No breach of planning control as activities confirmed as permitted development and related to the notification recorded as 16/0038/NOTIF. Page 9 of 86
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32 2017 – Enforcement Case (17/00112/ALUNDV) complaint received related to presumed breaches of GDPO Class 66 restrictions. No breach of planning control as activities confirmed as permitted development and related to the notification recorded as 17/0063/NOTIF. 33 2018 – Enforcement Case (18/00091/ALUNDV) complaint received related to the formation of an agricultural track without prior approval. Planning permission subsequently granted, with no objections received and enforcement case closed; 34 2020 - Enforcement Case (20/00091/PLACON) complaint received concerning mud on the local roads, relating to ongoing activities. Issue investigated and developer deployed a street sweeper to the public road. No formal action was required as the matter was resolved. 35 2023 – A Temporary Stop Notice (23/00018/PLACON) was served in relation to importation of soil materials in the formation of the agricultural track on the southern side of the public road. A landscaping and restoration scheme was subsequently approved, such that the TSN was addressed. CONSULTATIONS 36 As part of the planning application process the following bodies were consulted: External Dunkeld and Birnam Community Council 37 Object to the proposal. The principal areas of concern relate to: • Traffic implications • Ecological and landscapes impacts • Impacts on trees • Public Health Concerns • Unregulated processing of waste materials and • Lack of Compliance with various Health and Safety and Environmental Regulations The Community Council have also expressed concerns over the Council’s enforcement of previous planning conditions and other potential breaches of planning control on both this site, and other areas of the wider former quarried area. These issues are summarised above and discussed below in the appraisal, however the majority are not directly applicable to this planning application, which relates to the siting and use of crushing/screening machinery. Rather they appear more applicable to the excavation activities and associated transportation, which are not requiring of planning permission; or the works associated to the field access. Page 10 of 86
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Internal Environmental Health 38 No objection, subject to similar noise and dust conditions being attached to any permission, as applied to the previous approval for the machinery (Ref: 20/00409/FLL). EH also confirm that in relation to the use of the machinery up to summer 2023 they received no complaints in relating to noise, dust or any other ‘nuisance’ matters relating to the operations. Complaints were received in 2017 (dust/mud on the road), 2019 (noise) and 2020 (noise), but these related to different activities and locations from the current application, and the issues were resolved. Wider noise and dust matters are considered in the appraisal section below. REPRESENTATIONS 39 Six objections have been received. Five from individuals, in addition to that from Dunkeld and Birnam Community Council. The principal issues raised are: • Contrary to the Development Plan • Impact on visual amenity • Traffic concerns • Impact on residential amenity (noise and dust) • Impact on ecology • Impact on trees • Loss of open space • Inappropriate land use 40 These issues are addressed below in the main appraisal section; however the majority are not directly applicable to this planning application, relating more to permitted development excavation activities. ADDITIONAL STATEMENTS 41 Screening Opinion No EIA required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations AA not Required Design Statement or Design and Access Statement Not required Report on Impact or Potential Impact Planning Statement Page 11 of 86
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APPRAISAL 42 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) (TCPSA) 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 LDP2 and statutory SPG. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. 43 In terms of other material considerations, this involves considerations of the Council’s non-statutory planning guidance and consideration of the sites planning history. 44 The Community Council have made reference in their submission to the relevance of: • The Quarries Regulations 1999; • The Quarries Regulations 1999: Approved Code of Good Practice (HSE); • Control of Substances Hazardous to Health (HSE); and • Tayside Procurement Consortium 2013. 45 These documents are not considered to be material planning considerations in the determination of this planning application, under the TCPSA. The enforcement and monitoring responsibilities associated with The Quarries Regulations 1999 and the related code of good practice falls to the Health and Safety Executive (HSE), and their requirements are out with the scope of the planning system. The guidance and advice offered in the Control of Substances Hazardous to Health is also regulated principally by the HSE, however the main principles relating to dust and noise mitigation are routinely considered by Environmental Health colleagues (EH) when assessing the impact on residential amenity and public health. In this regard EH have been consulted on the application and have no objection subject to the same conditions as were applied to the 2020 permission, they also advise that they have not received any complaints related to the previous operation of the machinery. The applicant has advised that they take their H&S obligations very seriously and employ qualified advisors on these matters and also that the proposals are not managed under the Quarries Regulations. Notwithstanding the applicant advises that they, as required by SEPA, keep a full record of all materials deposited and this confirms the inert nature. Also, that SEPA regularly inspect the site and has raised no significant issues. 46 The Tayside Procurement Consortium 2013 document looks to set out the required procurement standards for the Council in relation to the award of contracts and monitoring. This is not a document which the planning system can monitor or enforce. If it was established that there was a breach of any of the environmental responsibilities, then this would be addressed by Procurement Page 12 of 86
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colleagues. However, the grant of any planning permission would not override any contractual obligations between an appointed contractor and PKC. Policy 47 There are relevant policies contained across the Development Plan. 48 Within the NPF4, Policy 4 (Natural Places) seeks to ensure that our natural assets are protected against inappropriate new developments, whilst Policy 12 (Zero Waste) supports waste infrastructure when there are no unacceptable impacts on residential and environmental amenity. Policy 26 (Business and Industry) looks to encourage, promote and facilitate business and industrial uses, whilst Policy 29 (Rural Development) encourages rural economic activity and diversification – both subject to being in suitable and appropriate locations. Both policies also look to ensure that the nature and scale of the proposals is compatible, and in keeping with the surrounding area. 49 Within the LDP2, the site lies within the landward area where land use Policies 1 (Placemaking), 8 (Rural Business and Diversification), 37 (Management of Inert and Construction Waste), 38 (Environment and Conservation) and 50 (Noise) would be directly applicable. 50 Policy 1 seeks to ensure that all new developments do not have an adverse impact on the local environment, which includes visual and residential amenity impacts. Policy 8 supports the expansion of existing businesses and the creation of new ones in rural areas and states that there is a preference for such developments to be within or adjacent to existing settlements. This policy goes on to say that when the location is out with a settlement (such as this site), proposals may still be acceptable when they offer opportunities to diversify an existing business or are related to a site-specific resource or opportunity – providing that the proposal contributes positively to the local economy through (amongst other things) the provision of permanent employment. 51 Policy 37 offers support for proposals which are for the recycling and processing of insert and construction waste, providing they are environmentally acceptable and take place in suitable locations – such as at existing industrial and brownfield sites. Policy 38 seeks to ensure that our natural assets are protected against inappropriate new development. 52 Finally, Policy 56 states that there will be a presumption against development which will generate high levels of noise in the locality of existing or proposed noise sensitive land uses, and similarly against the locating of noise sensitive uses near to sources of noise generation. 53 In terms of statutory Supplementary Planning Guidance (SPG), the Council’s guidance on Placemaking, Landscapes and Delivering Zero Waste are Page 13 of 86
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applicable, and the content of these broadly follows the comparable LDP2 policies. Land Use Acceptability 54 As stated previously, this application is not related to the physical extraction of any additional material, that being authorised under the explicit terms of Part 19, Class 66 of the GPDO and that position will not change until the area of extraction is exhausted. 20/0005/NOTIF relates to this, and there are no time restrictions thereon. 55 In light of this, the proposal only relates to the machinery for onsite processing of the remaining waste material, such that it can be more easily directly transported for use in the construction industry and without requiring to be taken elsewhere for processing. This one stop arrangement seeing less transportation miles, loading and unloading – thus more sustainable in terms of the wider environmental impact and financially. The siting of the machinery would be for a temporary period of two years and after which time, the applicant has indicated the area of authorised slate waste excavation should have been exhausted on this part of the site and as such the machinery no longer being required. 56 Slate was historically quarried but that fixed resource has effectively been exhausted. However, left over from the quarrying is a significant quantity of slate waste, a by-product, and this remains spread across the wider former quarry area, including on the land immediately surrounding the location of the machinery. The applicant is continuing to remove this slate waste via their rights under Part 19, Class 66 of the GDPO. 57 The removal and proposed processing of the slate waste to make it more suited to export as a usable product, would effectively see the entire slate resource exhausted and all waste associated with the principal quarrying removed, recycled and used elsewhere. 58 The principle of this use of the slate waste would align positively with Policy 37 of the LDP2, supporting a proposal which involves recycling and processing of inert and construction waste, which is environmentally acceptable, within an area where industrial quarrying activity has taken place and the site is essentially brownfield, and the machinery will be removed upon exhaustion of the slate resource. The same positive alignment applies to Policy 12 of the NPF4, which looks to minimise waste and to offer support for waste infrastructure developments which are in appropriate locations which offer little direct residential or environmental harm. Given the machinery is located in the middle of an area that has previously been extensively quarried and is still currently having slate waste removed (lawfully), the area where the machinery is to be sited is considered to be both industrial and brownfield in nature and no Page 14 of 86
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unacceptable environmental or residential harm is evidenced as a direct result of the siting or operation of the machinery 59 In terms of rural business and diversification, Policy 8 of the LDP2 and Policies 26 and 29 of the NPF4 are all applicable. 60 In the context of rural business, Policy 8 of the LDP2 and Policy 29 of the NPF4 both offer support for the expansion of existing businesses within rural areas, when the proposal offers opportunities to diversify an existing business or when the process is related to a site specific resource or opportunity – providing that the proposal contributes positively to the local economy through (amongst other things) the provision of permanent employment, and there is no adverse impact on the environment or communities. 61 The proposed siting of the machinery to further process onsite waste material (with no need to import), and to make it more suitable for local use for construction projects aligns positively with the aims and objectives of these policies. There is no evidenced unacceptable harm to the environment, via the use of the machinery, and nuisance from noise and dust arising directly from the use of the machinery is controllable to within recognised acceptable levels. 62 The principle of processing the waste slate onsite before transporting it elsewhere is not new to the site or the wider waste slate resource and does not constitute a diversification of the existing business, rather it is the continuation of the business, and this been previously carried out across the wider area of waste reserves. The proposal would therefore result in the continued expansion of the existing business, and an opportunity to continue to use the associated site- specific resource – which is effectively a waste product from the previous quarrying activity. 63 The proposal is therefore considered compliant with both Policy 8 of the LDP2 and Policy 29 of the NPF4, in relation to rural businesses and diversification. 64 Support for business and industry in a general context is offered by Policy 26 of the NPF4 which supports businesses and industry providing that proposals are of a scale and nature which is compatible with the surrounding area, proposals are compatible with the primary business function of the area and that protection is afforded to residential amenity and the surrounding environment. In this context, and as mentioned earlier, the proposed machinery is sited within the centre of an area of quarry related waste, of which processing will continue for the proposed duration of the siting of the machinery. There will be no direct unacceptable impact on the environment as a direct result of this proposal (i.e. further physical excavations of material), and the residential amenity impacts associated to the operation of the machinery can be controlled so that nuisance to residential properties is within acceptable tolerances. As such, there is not considered to be any conflict with Policy 26 of the NPF4. Page 15 of 86
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Noise and Dust Pollution 65 There will be some noise and dust generation, both from the excavation and removal of the slate waste from the site, and more so by the operation of the machinery. 66 However, it is important to clarify that the scope of the planning application under consideration relates solely to the proposed siting of the machinery and its processes only, and not any impacts from the associated physical removal of slate waste. The potential for noise and dust generation by the proposed equipment has been assessed fully by Environmental Health and can be controlled by recommended conditions 3 – 6, and it is the view of the Council that the impact on existing residential properties can be a) controlled and b) monitored (if required) to acceptable levels. It should be noted that during the operation of the machinery under the terms of Planning Permission 20/00409/FLL there was no breaches of the previous operational conditions, and no formal enforcement action has required to be taken by the Council. In addition, no complaints have been made to Environmental Health. The only breach of planning control is that the physical machinery (which is not in use) has yet to be removed following the expiry of the previous temporary planning permission. Formal enforcement action has not been taken in relation to this as there is minimal environmental harm associated to its retention and the fact that further retention is proposed by this application, and this retention is now recommended to be approved. It was the view of officers that to require the machinery to be removed was disproportionate in this context. However, if planning permission is not granted and no appeal made during the relevant period, this position will require to be reconsidered. Furthermore, it is also noted that 67 The proposal is therefore considered in accordance with Policy 56 of the LDP2, and the more generic amenity policies of the Development Plan. Residential Amenity 68 In terms of overlooking or loss of privacy to neighbouring residential properties, the proposal raises no concerns. The proposed location of the equipment approx. 160m from the closest residential dwelling. 69 In terms of nuisance from dust and noise, as stated above these elements are controllable to an acceptable level. All noting that dust and noise associated to the wider removal and transportation of the slate waste does not fall into the scope of this application. 70 There would be some noise and dust generated from the removal of the slate waste directly, and this can be subject to planning control. Evidence indicates that due to the relatively large particulate size, most dust arising from use of the Page 16 of 86
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machinery would be deposited within the immediate vicinity - which sits within the larger area of slate waste working and would be unlikely to affect the nearest residential properties directly. While representations have raised to the contrary, it is acknowledged that other live planning applications, which are also a concern of the DBCC and local residents, are located in closer proximity, but not a consideration of this specific application. 71 In terms of noise, subject to the recommended noise and operational time conditions, nuisance should not occur to any existing residential property as a direct result of the use of the machinery. Subject to these proposed conditions, the use of the equipment can be adequately controlled so that there is no unacceptable impact on the residential amenity. Dust on the Local Road Network 72 Although the removal of material from the site does not require planning permission and cannot be controlled through this planning application, it is the case that the proposed crushing and screening process may create additional dust, over and above that which would be created just by collecting, loading and transporting the waste material unprocessed. 73 Accordingly, vehicles leaving the site therefore have the potential to transfer this dust onto the public roads. There have also been related complaints during previous operations of screening and crushing machinery. 74 However, the general state of the public road and its ability to accommodate HGV movements associated with the removal of the slate waste from this site is not a matter open for consideration under the limits of this planning application. 75 Notwithstanding, controlling the transfer of dust (which could in part be seen to be directly caused from the crushing / screening process) onto the public road is a consideration and could cause nuisance to residential properties near the site, and also properties which are located along the haulage routes. 76 On this basis it is considered appropriate to try to minimise the level of additional dust nuisance arising by seeking the further submission and approval of an updated Dust Management Plan (Condition 6). It is expected that the dust management procedures increase and improve upon some of the existing measures, such as the wetting of exposed material and internal roadways. during dry weather, regular use of a road sweeper and the potential need for wheel wash facilities before vehicles leave the site. Roads and Access 77 This proposal, the siting and use of the machinery, raises no issues over vehicular access or parking – which are all in place. It is noted that concerns over Page 17 of 86
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the number of movements of HGVs on local roads has been raised within the representations, and the impact that has been having and will continue to have on road and pedestrian safety and the condition of the roads themselves. However, the Class 66 permitted development rights don’t allow for restrictions on these traffic movements. It is also important to note that the level of HGV movements would not significantly differ between a) raw slate waste being removed and b) processed slate waste being removed – the volumes being largely comparable. Thus, although the impact on local roads is appreciated, it is not a material planning consideration of any significance for this application. Trees 78 A number of objections, and the Community Council, comment on the impact that this development will have on trees during the material harvesting. However, again, this application is not for any removal of slate waste from the ground, just the siting of machinery (on already excavated land) and the associated processing by that machinery. As a result of this, there are no trees which are affected directly by the proposal. Impact on National Scenic Area 79 The extraction of the waste material is permitted development and is not considered by this planning application. Policy 38 of the LDP2 and Policy 4 of the NPF4 should be noted, however the siting of the machinery in the context of the larger extraction areas are considered to have limited, temporary and ultimately acceptable impact on the integrity of the National Scenic Area. Impact on Biodiversity 80 The siting and use of the proposed equipment would have negligible impact on any local habitats or wildlife species. The areas where the machinery is located is clear of any vegetation and made ground, which has little in the way of habitat value. Noise arising from the use of the crusher and screener would be in combination with existing noise associated the extraction of the material and would not result in any disturbance to wildlife in isolation. Drainage and Flooding 81 The proposal raises no issues in terms of drainage or flooding. Developer Contributions 82 The proposal has no requirement for any Developer Contributions or Affordable Housing provision. Page 18 of 86
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PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 83 None. CONCLUSION AND REASONS FOR RECOMMENDATION 84 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, the adopted Local Development Plan 2 (2019) and statutory SPG. Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. 85 Accordingly the proposal is recommended for approval subject to the following conditions. RECOMMENDATION Approve the application, subject to the following conditions: 1. Permission is hereby granted for a limited period until 10 April 2026. Prior to this date, the use of all plant and machinery associated with this development shall cease, and all associated equipment removed from the site. Reason - In view of the nature of the proposed development and to enable the Planning Authority to review the circumstances pertaining to the proposal within a reasonable period of time. 2. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason - To ensure the development is carried out in accordance with the approved drawings and documents. 3. Noise from any plant and machinery associated with this development shall be controlled so that noise levels do not exceed 55dB LAeq, 1 hour (free field) at any adjacent dwellinghouse. Reason - To ensure a satisfactory standard of local environmental quality. 4. Prior to the commencement of the development hereby approved, confirmation of the model of both crusher and screener shall be submitted to and approved in writing by the Council as Planning Authority. Any change from the approved model(s) shall be approved in writing with the Council before being brought into site. All plant and equipment shall thereafter be operated and maintained Page 19 of 86
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according to the manufacturer's recommendations. This includes all necessary servicing and the provision of satisfactory exhaust systems to ensure that noise emissions are minimised. Records regarding all services and modifications made to all plant and equipment shall be kept on site and shall be available for inspection by the Council as Planning Authority. Reason - To ensure a satisfactory standard of local environmental quality. 5. The hours of operation of the plant and equipment hereby approved shall be limited to 0700 hours to 1900 hours Monday to Friday and 0800 to1300 on Saturdays, with no operation on Sunday. Reason - To ensure a satisfactory standard of local environmental quality. 6. Prior to the commencement of the development hereby approved, a Dust Management Plan must be submitted to and approval in writing by the Council as Planning Authority. The plan must include adequate precautions to ensure that all times and at all stages of the process (including reinstatement), dust generation on the site and outwith, is minimised by implementing agreed dust prevention measures e.g. wheel washing facilities. The plan shall also provide details of future monitoring and reporting on the successfulness of the plan. The approved plan shall thereafter be implemented in full. Reason - To ensure a satisfactory standard of local environmental quality 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 Page 20 of 86
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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. Background Papers: 6 letters of representation Date: 28 March 2024 DAVID LITTLEJOHN STRATEGIC LEAD – ECONOMY, DEVELOPMENT & PLANNING Page 21 of 86
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Perth and Kinross Council Planning and Placemaking Committee – 10 April 2024 Report of Handling by Strategic Lead - Economy, Development & Planning (Report No. 24/110) PROPOSAL: Change of use, alterations and extension to workshop to form dwellinghouse LOCATION: Rowan, Garth, Fortingall Ref. No: 22/01868/FLL Ward No: P4 – Highland Summary This report recommends approval of a detailed planning application for the change of use, alterations and extension to a former workshop to form a dwellinghouse at Garth, a small residential hamlet located to the north east of Fortingall 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 This planning application seeks to obtain detailed permission for the change of use and alterations to an existing former workshop building to a private dwelling. The site is located within a residential hamlet named Garth, which is around 1 mile northeast of the village of Fortingall. 2 The proposal retains the majority of the external walls of the existing building, with the exception of a lean too extension that is proposed to be removed and replaced with a new extension. The roof of the existing building is to be replaced to provide living accommodation over two levels with the upper level within the new mansard style roof space via the use or rooflights. 3 The external finishes comprise a mix of wet dash render, timber cladding and natural slate. Three onsite parking spaces are to be provided, and the vehicular access would be via an existing private access which serves a number of other residential properties. 4 Foul drainage will be disposed of via an existing shared system (off site), and surface water will be disposed of via soakaways within the site. 5(1)(ii) Page 27 of 86
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PRE-APPLICATION CONSULTATION 5 The proposal is not of a scale which requires formal pre-application consultation with the local community. ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 6 The proposal is not of a scale which requires assessment through EIA. DEVELOPMENT PLAN 7 The Development Plan for the area comprises National Planning Framework 4 (NPF4), Perth and Kinross Local Development Plan 2 (2019) (LDP2) and statutory supplementary planning guidance (SPG). 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. 9 NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 10 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 9: Brownfield, vacant and derelict land and empty buildings • Policy 14: Design, Quality and Place • Policy 16: Rural Homes • Policy 29: Rural Development Perth and Kinross Local Development Plan 2 (2019) 11 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. 12 The site is located within the landward area of the LDP2, where the following policies are applicable: • Policy 1A: Placemaking • Policy 1B: Placemaking Page 28 of 86
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• Policy 5: Developer Contributions • Policy 19: Housing in the Countryside • Policy 31: Other Historic Environmental Assets • Policy 41: Biodiversity • Policy 53: Water Environment and Drainage • Policy 60: Transport Standards Statutory Supplementary Planning Guidance 13 The following statutory SPG are applicable to this proposal, • Placemaking 2020 • Developer Contributions and Affordable Housing 2023 • Housing in the Countryside 2020 OTHER PKC POLICIES Non-Statutory Planning Guidance 14 The following non-statutory PG is applicable, • Planning & Nature 2020 NATIONAL PLANNING GUIDANCE 15 The Scottish Government expresses its planning policies and guidance through Advice Notes (PAN), Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. Planning Advice Notes 16 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 40 Development Management • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements SITE HISTORY 17 19/01356/FLL – Change of use, alterations and extensions to workshop (Class 5) to form a dwellinghouse, formation of landscaping, parking area and associated works. Page 29 of 86
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CONSULTATIONS 18 As part of the planning application process the following bodies were consulted: External Scottish Water 19 No objection to the proposal. Internal Transportation and Development 20 No objection to the proposal in terms of parking provision and the means of vehicular access. Developer Contributions Officer 21 No requirement for any Developer Contributions. Environmental Health 22 No objection in terms contaminated land issues however a standard condition should be attached to any permission. REPRESENTATIONS 23 Twelve letters of representations have been received, all of which are objecting to the proposal. Eleven of these are from individuals, and the other from the Glenlyon Community Council. The principal issues raised within the letters of representation are, • Contrary to the Development Plan • Inappropriate land use • Impact on visual amenity • Traffic concerns • Impact on residential amenity • Impact on ecology • Impact on trees • Drainage concerns 24 These issues are addressed below in the main appraisal section. Page 30 of 86
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ADDITIONAL STATEMENTS 25 Screening Opinion Not Required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations AA Not Required Design Statement or Design and Access Statement Supporting statement Report on Impact or Potential Impact Bat Survey APPRAISAL 26 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 LDP2 and statutory SPG. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. 27 In terms of other material considerations, this involves considerations of the sites previous planning history, and consideration of the Council’s non-statutory planning guidance. Policy 28 There are relevant policies contained in all parts of the Development Plan. 29 Within the NPF4, Policy 3 (Biodiversity) places biodiversity front and centre of all planning decisions whilst Policy 14 (Design, Quality and Place) promotes high quality design for all new proposals. Policy 9 (Brownfield, vacant and derelict land and empty buildings) and Policy 17 (Rural Homes) offers support for new housing in the countryside under certain instances, whilst Policy 29 (Rural Development) encourages new rural development in general, in suitable and appropriate locations. 30 Within the LDP2, the site lies within the landward area where Policies 1 (Placemaking), 19 (Housing in the Countryside), 31 (Other Historic Environmental Assets), 41 (Biodiversity), 53 (Water Environment), 60 (Transport Standards) are all directly applicable. 31 Policy 1 seeks to ensure that all new developments do not have an adverse impact on the local environment, which includes visual and residential amenity impacts. Policy 19 is the LDP2 version of the Housing in the Countryside policy and offers support to new housing in the countryside in certain instances and needs to be read in conjunction with both the SPG and Policy 17 of the NPF4. Page 31 of 86
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Policy 31 looks to protect our non-designated assets, Policy 41 seeks to protect both local and protected wildlife, whilst Policy 53 looks to ensure that sites are adequately drained. Policy 60 looks to ensure that all matters concerning access and parking related matters comply with both the Council’s standards and that of the NRDG. 32 In terms of statutory SPG, the Council’s policies on Placemaking, Developer Contributions and Housing in the Countryside are all applicable, and the content of these broadly follows the comparable LDP2 policies. Land Use Acceptability 33 Detailed planning permission had previously been granted on this site the change of use and alterations of the former workshop to a dwelling. Whilst that permission has now expired, the fact that the comparable policy sections within current Development Plan aligns with the previous planning policies which where relevant at the time when the previous application was considered is a significant consideration. 34 There nevertheless remains a requirement to assess the proposal against the current Development Plan, especially as the nature of the proposal has slightly altered. 35 All parts of the Development Plan in relation to new housing in the countryside supports (still) supports the principle of a redevelopment of an existing, redundant and traditional building to a new dwelling as long as the development is suitability scaled and designed to be in keeping with the character of the area. The Development Plan goes on to places a high emphasis on the reuse and retention of existing buildings (as opposed to replacement), and whilst the applicant has opted to re-configure the roof arrangement of the existing building, they have kept the original footprint by incorporating the existing walls into the design – which all aligns positively with the Development Plan requirements. The principle of the retention of the principal walls also aligns with the broader aims of Policy 31 which looks to preserve our non-designated historic assets. 36 In light of this, and bearing in mind the building is set within an established residential building group, the key test of the acceptability of this proposal is not necessary the principle of the use of the altered building as a dwelling or the compatibility of the proposed residential use, but whether or not the physical works required to facilitate the residential use are acceptable from a visual and residential amenity perspective. Visual Amenity, Design and Layout 37 Whilst the existing building is historic is not of any specific architectural merit, nor does it contribute significantly to the visual amenity of the area. It is nevertheless historic and has some local interest, and in that regard the retention of the original external walls and its footprint is welcome, and is in accordance with the Page 32 of 86
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principles of the Development Plan. There is however a significant change in the appearance of the proposal from the existing, and other surrounding properties which all have typical roof forms. The introduction of the mansard style roof, replacing the two small pitches to maximise internal space is the most significant design consideration, and this has been raised with a number of the representations. 38 Mansard roofs styles are not uncommon, and are not unacceptable simply by default. The context in which this particular roof type is used needs to be considered and how the resultant development would relate to the surrounding environment. In this case, the design solution to maximise the internal space is considered acceptable, and with the use of slates, wet dash and timber finishes the overall design quality is high, and this is encouraged within throughout the Development Plan. The lack of a certain style of roof style in the area does not necessary mean that a new style is not appropriate purely for that reason. 39 The key test is whether or not the resultant development would in its own right introduce an incongruous feature which would be to the visual detriment of the area concerned. Following the initial submission, the applicant opted to make some subtle amendments to the roof design to improve its appearance. The changes involved a reduction in the area covered by the new roof, small design changes, reduction in the size of rooflights and no overhang to the adjacent vennel. These alterations in combination with the high quality external finishes now results in a development which is considered to be acceptable, not visually incongruous and in accordance with the various Design and Placemaking policies of the Development Plan. 40 In terms of other layout matters, matters such as parking, turning amenity space, private drainage are all acceptable. Residential Amenity 41 The principal impact on existing residential amenity will be with 4 Garth, which is the property immediately opposite the site to the east. That property has a first- floor window facing towards the site. It is proposed to utilise the two existing ground floor windows, and then to incorporate additional rooflights at first floor level. Any direct interaction is therefore likely to be at first floor level. The size and location of the rooflights have been altered since the original submission, with the rooflights reduced in size and also moved further up the plane of the roof. This goes some way to address the potential for direct interaction, however for the taller person there would still be some scope for direct viewing across to towards the existing property and the close relationship between the existing and proposed is a concern. To address this, it is suggested that rooflights incorporate frosted/opaque glazing (to the master bedroom, and ensuite of Bedroom 3 is used to reduce the interaction and to protect existing residential amenity and this is a conditional requirement. Page 33 of 86
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42 In terms of the impact on light entering the neighbours window the change in the roof arrangement will result in a breach of the 25degree rule, the measurement which is typically used for the base line for measuring the impact on light entering a window. The amendment to negate any overhang to the vennel has increased this breach. The breach is however minor, and bearing in mind the existing situation and the relationship with the existing workshop is considered acceptable. 43 In terms of being able to provide a suitable residential amenity, it is noted that a number of the representations raise concerns about the build to plot ratio, and also the level of usable residential amenity space. It is the case that when considering the principal part of the site, the built ratio is high at around 35% of the plot, and this excludes the parking ad turning area at the south of the property. The acceptability of a high built ratio does however need to be weight up against both the type of development proposed, and also the level of usable amenity space which can be provided. 44 In terms of the former, the proposal is for a renovation, conversion and alteration of an existing building and not a new building. The applicant as opted to retain some of the original fabric of the building and by doing so this has heavily influenced the level of usable amenity space, and also the build ratio. Excluding the area to the front of the property, upon completion there would be two distinct linear areas of amenity space – to the west an area of around 6m x 15m and to the north another area of around 9m x 3m with some overlapping between the two. Around 115sqm would be readily available to future occupiers of the site and considering the fairly regular shape and the lack of neighbouring interaction to the north and west, this is considered acceptable in the context of what is proposed. Core Path / Right of Way 45 Within the representations concerns have been raised over the impact that the development would have on access along the narrow vennel which is located immediately to the east of the site. The route of the vennel is not a formal core path or a right of way, and any access restrictions across or along its route is matter for the individuals involved to resolved. To address some of the concerns raised regarding this, the applicant has nevertheless amended the design of the eaves to ensure that there is no overhang to the vennel via gutters or the roof itself. With the likely need for scaffold on the eastern elevation at some point during the construction, there will be some inevitably be some disruption to the passage of the vennel but it is not within the planning remit to control and monitor what is essentially a private matter. Roads and Access 46 This proposal raises no issues in terms of the vehicular access or parking related matters – which are all as existing. It is noted that a number of the representation Page 34 of 86
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raises access and parking related concerns, however Transport and Development have no issues with the proposed arrangements for both. Trees 47 There are trees to the west of the site, however these trees are not affected by the proposal and suitable protection measures can be implemented to ensure that no unnecessary damage occurs. Impact on Biodiversity 48 A bat survey has been undertaken. Subject to the recommended mitigation and enhancement measures being followed and then implemented, there are no concerns in relation to bio-diversity matters and the requirements of the relevant bio-diversity policies of the Development Plan are being met. Impact in Listed Buildings 49 There are some listed buildings within the area, however this site is either listed or within the setting of those listed properties. Water Supply 50 The applicant has indicated that they proposed to connect to a public water supply. In the event that this is not possible, and a connection to a private water supply is advanced, the applicant will need to comply with all the relevant private water legislation and ensure that they have the necessary legal rights to take an extra connection. The grant of a planning permission does not supersede any title or land burdens. Drainage and Flooding 51 The proposal raises no issues in terms flooding issues. 52 In terms of drainage matters, the applicant has indicated that there is agreement in place to connect foul drainage to an existing system which is already installed and servicing the property to the south. Subject to the necessary agreement from Building Standards, and SEPA the principle of this raises no concerns. Developer Contributions 53 The proposal has no requirement for any Developer Contributions or Affordable Housing provision. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 54 None. Page 35 of 86
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CONCLUSION AND REASONS FOR RECOMMENDATION 55 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, the adopted Local Development Plan 2 (2019) and statutory SPG. Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. 56 Accordingly the proposal is recommended for approval subject to the following conditions. RECOMMENDATION Approve the application, subject to the following conditions, 1. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason - To ensure the development is carried out in accordance with the approved drawings and documents. 2 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 3. Prior to the commencement of the development hereby approved, an evaluation for the potential of the site to be affected by contamination by a previous use, which includes as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) shall be submitted to and approved in writing 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 approved by the Council as Planning Authority. Page 36 of 86
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Verification that the scheme has been fully implemented must be submitted to and approved in writing by the Council as Planning Authority. Reason - In order to ensure the site is fit for the residential use proposed. 4. The mitigation and recommendations contained in the Bat and nesting bird survey, approved as Plan no 17 shall be implemented in full during the construction phase and on completion of the development. For the avoidance of doubt, a minimal of 2 bird nesting boxes shall be installed within the curtilage of the site, and shall be sited and installed in line with the guidance of the Scottish Wildlife Trust. Reason - In order to ensure that all bio-diversity interests are suitability addressed. 5. The rooflights on the east elevation serving the master bedroom and en-suite of Bedroom 3 shall either be frosted, obscure or opaque glass in perpetuity. Reason - In order to protect existing residential amenity. 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. Background Papers: 12 letters of representation Date: 28 March 2024 Page 37 of 86
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DAVID LITTLEJOHN STRATEGIC LEAD – ECONOMY, DEVELOPMENT & PLANNING Page 38 of 86
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Ü Change of use, alterations and extension to workshop to form dwellinghouse at Rowan Garth Fortingall Aberfeldy PH15 2NF 22/01868/FLL Scale 1:10,000 Planning and Placemaking Committee - 10 April 2024© 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)(ii) Page 39 of 86
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Ü Change of use, alterations and extension to workshop to form dwellinghouse at Rowan Garth Fortingall Aberfeldy PH15 2NF 22/01868/FLL Scale 1:5,000 Planning and Placemaking Committee - 10 April 2024© 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)(ii) Page 41 of 86
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Perth and Kinross Council Planning and Placemaking Committee – 10 April 2024 Report of Handling by Strategic Lead - Economy, Development and Planning (Report No. 24/111) PROPOSAL: Erection of a dwellinghouse and associated works LOCATION: Land 50 Metres West Of Ruchilside Farm, Comrie, Crieff Ref. No: 24/00043/FLL Ward No: P6- Strathearn Summary This report recommends approval of the application, subject to conditional control. The proposal is considered to be a minor departure from the development plan however there are material considerations which justify a departure from the plan in this instance. BACKGROUND AND DESCRIPTION OF PROPOSAL 1 This application seeks approval for the construction of a three bedroom dwellinghouse with 1 and ¾ storeys at an existing farm steading at Ruchilside, in countryside to the south of Comrie. 2 The site is currently a farmyard with two non-traditional agricultural buildings which are in a poor state of repair. The site forms part of a landholding of approximately 26.1 hectares which was formerly part of the larger Cultybraggan Farm which itself was subdivided and sold in early 2023. An existing residence named Ruchilside Farm within separate ownership is located directly to the east, and would have once been the farmhouse associated with the existing farm buildings subject to this application. 3 The site is adjacent to Core Path CMRI/3 and Right of Way 25/3 along which the access route to the application site is taken from the B827 public road. The westernmost portion of the application site is subject to low river flooding risk, and this is outwith the position of the proposed dwellinghouse. 4 The proposal has attracted more than six objections from members of the public and is therefore required to be considered at Planning and Placemaking Committee. 5(1)(iii) Page 43 of 86
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SITE HISTORY This site 5 23/01425/FLL Full Planning Permission application was withdrawn on 29 November 2023 for erection of a dwellinghouse and associated works. Adjacent to this site 6 23/02030/PNA Prior Approval not required for erection of an agricultural building. Decision Made on 18 December 2023. PRE-APPLICATION CONSULTATION 7 Pre application Reference: None 8 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 9 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 10 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. 11 NPF4 was adopted on 13 February 2023. 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 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 9: Brownfield, vacant and derelict land and empty buildings • Policy 12: Zero Waste • Policy 13: Sustainable Transport Page 44 of 86
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• Policy 14: Design, Quality and Place • Policy 17: Rural Homes • Policy 18: Infrastructure first • 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, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 19: Housing in the Countryside • Policy 32: Embedding Low and Zero Carbon Generating Technology in New Development • Policy 39: Landscape • Policy 41: Biodiversity • Policy 52: New Development and Flooding • Policy 53B: Water Environment and Drainage: Foul Water Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 53E: Water Environment and Drainage: Water Supply • Policy 58A: Contaminated Land and Unstable Land: Contaminated Land • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals 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 - Housing in the Countryside (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) PKC NON STATUTORY GUIDANCE • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft) Page 45 of 86
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NATIONAL GUIDANCE 15 The Scottish Government expresses its planning policies through Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars, in addition to NPF4. 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 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. CONSULTATIONS 20 As part of the planning application process the following bodies were consulted: External Perth And Kinross Heritage Trust 21 No significant concerns raised in respect of archaeology. Page 46 of 86
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Scottish Water 22 No objection subject to standard advice. Private wastewater treatment required. Scottish Environment Protection Agency 23 No objection, subject to standard advice. Internal Development Plan 24 No comments received. Development Contributions Officer 25 No Contributions required in respect of Primary Education, as there are no current capacity concerns within the Comrie Primary School catchment. Structures And Flooding 26 No objections, subject to planning condition regarding flood resilient construction and standard flooding informative. Transportation And Development 27 No objections, subject to planning condition ensuring no obstruction of the core path during building works. Environmental Health (Contaminated Land) 28 Proposed site is on an existing farmyard and agricultural land. Planning condition recommended regarding evaluation of land contamination in the event of approval. REPRESENTATIONS 29 21 representations were received, including 16 objections and 5 letters of support. The main issues raised within the representations are: Objections • Contrary to Development Plan policy, including Housing in the Countryside Supplementary Guidance • Site is not rural brownfield land and is green belt. • Adverse effect on visual amenity Page 47 of 86
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• Adverse impact on residential amenity • Inappropriate land use, and out of character with the area • Application form is inaccurate or incomplete regarding existing use, changes to public access routes, sustainable drainage, waste storage, flood risk. • Landowner has restricted public right of access and proposals would exacerbate this. • Maintenance access to local flood defences would be compromised • Flood Risk • Foul drainage would be too close to the Water of Ruchil and its floodplain. • Supporting statements have exaggerated extent of crime, damage to crops including by local fishermen, and fly-tipping. • Ownership of site is unclear • Proposal is outwith and undermines Comrie settlement boundary, creating a poor precedent. • There is no provision of a slurry pit for the area to remain in use as a farmyard, so close to the river. • Doubts as to the veracity and independence of the SAC Report. • Removal of existing farm buildings • Construction of a new house would not be more affordable than buying in the village. • Adverse impact on wildlife • The nearest bus stops are further away from the site than claimed in supporting documents. • Financial soundness and economic viability of this farm cannot be demonstrated, as it is too small, and the landowner has farmed the site for less than one year. • Doubts as to the need for a worker to be on site. A previous herd manager for the previous larger (and now subdivided) farm resided in Muthill. • Miscellaneous animal husbandry concerns relating to existing land/buildings • Miscellaneous claims regarding the landowner’s behaviour towards members of the public. Support • Supports economic development and employment provision • Enhanced character of area through replacement of existing dilapidated buildings within a building cluster • Results in environmental improvements • Many of the objections are unfounded • Proposal will support sustainability of farming operation • Proposed farmhouse will enhance security and welfare of animals • Proposal will preserve rural landscape • There would be no loss of privacy • The site has not been known to flood. Page 48 of 86
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30 These issues are addressed in the Appraisal section of the report. However, some matters require to be addressed prior to the appraisal section in light of their limited relevance to planning: • The behaviour of individuals, or speculation as to their future behaviour, is not a planning matter, and should be pursued under civil law where necessary. • Animal husbandry concerns are not a planning matter and should be directed to the Council’s Animal Welfare Officer and other relevant organisations. • Ownership of the site has been satisfactorily clarified by the applicant. • The provision of a slurry pit, or lack thereof, is not relevant to this application. • The claimed inaccuracies in the application form will be discussed under the relevant parts of the assessment. • Whether or not flood defences can be maintained is not directly relevant to this application as the application site does not bound the location of those defences. It is noted that a private road access to those defences coincides with the red site boundary of this application and is a right of way and core path. That matter is discussed in the Roads and Access section of the appraisal. ADDITIONAL STATEMENTS 31 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 Labour Report submitted 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, as identified elsewhere in this report. Page 49 of 86
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Principle 33 Policy 19: Housing in the Countryside of LDP2, it is acknowledged that opportunities do exist for housing in rural areas to support the viability of communities, meet development needs in appropriate locations while safeguarding the character of the countryside as well as ensuring that a high standard of siting and design is achieved. Thus the development of single houses or groups of houses which fall within the six identified categories will be supported. Support is also referenced in the recently adopted National Planning Framework 4 (NPF4) where Policy 9 states that development proposals that result in the sustainable reuse of brownfield land will be supported. 34 Policy 17 of NPF4 is also relevant and seeks to encourage and promote and facilitate affordable and sustainable homes in the right locations and provides criteria in which proposals for new rural homes will be accepted. 35 The Council will support proposals for the erection, or creation through conversion, of single houses and groups of houses in the countryside which fall into at least one of the following categories: 1) Building Groups 2) Infill site 3) New houses in the countryside on defined categories of sites as set out in section 3 of the Supplementary Guidance 4) Renovation or replacement of houses 5) Conversion or replacement of redundant non-domestic buildings 6) Development on rural brownfield land 36 The application site does not meet the definition of a building group, is not an infill site, does not involve the renovation or replacement of a house, and does not meet the criteria for the conversion or replacement of a redundant traditional non-domestic building. Attention therefore turns to Section 3 of LDP2 Housing in the Countryside Supplementary Guidance, and Development on rural brownfield land. 37 Section 3 of Housing in the Countryside Supplementary Guidance sets out five categories and the criteria for meeting each: 3.1 Existing Gardens (of country estates); 3.2 Houses in Areas of Flood Risk; 3.3 Economic Activity; 3.4 Houses for Local People (in housing need); and 3.5 Houses for Sustainable Living. 38 The most relevant category for this application site is Category 3.3 which relates to rural housing on the basis of economic need, and this is also supported by Page 50 of 86
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NPF4 Policy 17(a)(v) where “demonstrated to be necessary to support the sustainable management of a viable rural business or croft, and there is an essential need for a worker (including those taking majority control of a farm business) to live permanently at or near their place of work”. Whilst NPF4 Policy 17 doesn’t elaborate on rural business viability or how essential need should be calculated, the Supplementary Guidance to LDP2 does link the essential need for farm worker houses to animal welfare reasons, and states that “evidence should be in the form of a business appraisal, prepared by an independent expert, which demonstrates that the farm is financially sound and economically viable. The appraisal should be based on labour hours for the existing farming operation and must clearly set out the proportion of labour hours and the types of operations which require a full-time worker or workers to be on-site for the majority of the time.” The affordability of alternative accommodation locally within is not a feature of the essential need criteria within Supplementary Guidance. 39 In this instance, a report prepared by SAC Consulting has been submitted and indicates that the labour requirement for the farm equates to 1.15 Labour Units, where 1900 work hours per annum constitutes 1 Labour Unit. However, the proportion of this which relates solely to livestock and therefore animal welfare only constitutes 0.58 Labour Unit. In addition, the SAC Report is silent on the long-term viability of the farm and financial soundness of the business, which may be linked to the fact that the business has been operation for less than one year. This must be read in the context of Category 3.3 of Supplementary Guidance which states the following on Page 15 in relation to New houses to support a new or expanded business: “There must be reasonable certainty, however, that the business will succeed before allowing a new house to be built in the countryside. Providing that the need for on-site accommodation is demonstrated it may be appropriate to allow some form of temporary accommodation, such as a mobile home, for a set period of time. Once the new or expanded business is established and can be demonstrated to be financially sound and economically viable, a planning application can be made to replace the temporary accommodation with a permanent house.” Incidentally, it is noted that there a static caravan is currently sited in the farmyard. 40 As such, the proposal fails to satisfactorily demonstrate the economic need for a farm worker to be on site for welfare reasons, and therefore fails to meet the relevant criteria of NPF4 Policy 17(a)(v) or Category 3.3 of LDP2 Housing in the Countryside Supplementary Guidance. 41 Turning to Category 5, it provides some clarity in relation to non-traditional non domestic buildings, of which those on site are a prime example. While it is clear they are no longer fit for their designed purpose, the SG clearly advises that the Housing in the Countryside Policy does not support the replacement of non traditional buildings with housing. In respect of Category 6 of Supplementary Guidance, that document defines Brownfield land as “derelict land which was at one time occupied by buildings or structures but these have now been removed, Page 51 of 86
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or land directly linked to former buildings or structures which has been so damaged by a former use that it cannot be left to naturalise or be reused for another purpose without first being improved”. This site is occupied by two existing buildings, and whilst they are in a dilapidated state, no structural information has been forthcoming regarding damage by a former use. The application site is not therefore considered to meet the brownfield criteria within LDP2 Supplementary Guidance. 42 However, NPF4 offers a different definition of brownfield which is considered to be wider in its scope than that of the LDP2 Supplementary Guidance. It defines brownfield as “Land which has previously been developed. The term may cover vacant or derelict land, land occupied by redundant or unused buildings and developed land within the settlement boundary where further intensification of use is considered acceptable.” Furthermore, in instances where there is a conflict between NPF4 and any Local Development Plan, the former takes primacy as the most up to date policy position. 43 NPF4 Policy 9: Brownfield, vacant and derelict land and empty buildings supports the sustainable reuse of brownfield land including vacant and derelict land and buildings. The biodiversity value of brownfield land which has naturalised should be taken into account. NPF4 Policy 17(a)(ii): Rural Homes supports the reuse of brownfield land where a return to a natural state has not or will not happen without intervention. As it was adopted more recently, NPF4 takes precedence in the decision-making process above LDP2. 44 In this instance, the existing buildings, one of which is a slatted shed with a slurry tank beneath, are in a poor state of repair and unsuitable for modern farming practices. A recent application under agricultural permitted development rights for a new farm shed to the north-west of this application site was consented in December 2023. The proposed house would be on the site for the existing slatted shed, which is the larger of the two existing buildings. Biodiversity matters have been considered in the relevant section of this report. 45 Therefore, whilst economic need has not been satisfactorily demonstrated, the principle of redeveloping rural brownfield land as defined in NPF4 for the purposes of a single dwellinghouse is acceptable, subject to detailed consideration of Development Plan policies, and matters including but not limited to design, residential amenity, parking and access, and biodiversity. Design and Layout, Visual Amenity, Landscape 46 The appearance, orientation, and design of the proposed dwellinghouse would be acceptable and well-integrated into the site and its setting within the Upper Strathearn Local Landscape Area. In general, the proposed layout of the site is considered to be acceptable, and represents an appropriate response to the topography and size of the plot without overdeveloping it. It is unclear what the Page 52 of 86
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material proposed for the front porch of the dwellinghouse is, the extent of landscaping or planting proposed within the proposed residential curtilage, or the appearance of proposed boundary fences. As such, planning conditions shall require further detail of external materials, landscaping and planting, and boundary treatment within the site to ensure that these elements are appropriate for the site’s rural setting. 47 As such, subject to the above conditional control, this element of the proposal accords with NPF4 Policies 4: Natural Places, 14: Design, quality and place, and 17: Rural homes, and LDP Policies 1A and 1B: Placemaking and 39: Landscape. Residential Amenity 48 The proposed position and orientation of the dwellinghouse within the plot would not create any adverse impact on the living conditions of neighbouring residents in terms of overlooking or overshadowing. The removal of dilapidated agricultural buildings may also improve residential amenity for the neighbouring dwellinghouse in terms of farm-related odours and noise. The proposed plot also provides sufficient amenity ground for future occupiers. 49 This element of the proposal is therefore acceptable in terms of residential amenity, and accords with NPF4 Policy 14: Design, quality and place and LDP2 Placemaking Policies 1A and 1B. Roads and Access 50 The vehicle access to the public road network for the property will be via the existing shared vehicle access into the site from the B827. The shared vehicle access forms part of the core path network. The nearest bus stops are at Dalginross to the south of Comrie. 51 Parking will be provided on site for three vehicles, which is in line with the requirements of the National Roads Development Guide. 52 Concern has been raised in representations regarding blocking of public access within the wider farm. The Council’s Community Greenspace Team are investigating this under the Land Reform (Scotland) Act 2003, and this is a matter separate from the assessment of this particular planning application. 53 A planning condition has been recommended by the Council’s Transport Planning Team to ensure that the core path adjacent to the application site and along the access from the B827 is not obstructed during building works. 54 As such, subject to conditional control the proposal accords with NPF4 Policy 13: Sustainable transport and LDP Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals. Page 53 of 86
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Drainage and Flooding 55 Scottish Water have not objected to the proposal subject to private waste water treatment being pursued. 56 SEPA and the Council’s Flood Team have not objected to the proposal as the proposed building is outwith the extent of low river flooding risk. Informatives shall draw attention to their respective advice. 57 Furthermore, the plot size is such that surface water and foul drainage can be satisfactorily accommodated outwith flood risk extents. 58 In these respects, the proposal accords with, the proposal accords with NPF4 Policies 4 and 22, and LDP2 Policies 46A, 46B, 53B, 53C, and 53E. Waste Collection 59 There is sufficient space for bins to be stored within the site. As regards collection, it is unclear what is proposed in terms of bin presentation, and a condition shall require further details of this. Subject to such conditional control, this element of the proposal would be acceptable and in accordance with NPF4 Policy 12: Zero Waste. Conservation Considerations 60 There are no conservation concerns associated with this proposal. Natural Heritage and Biodiversity, Soils 61 NPF4 Policy 3: Biodiversity and LDP2 Policy 41: Biodiversity seek to protect and enhance all wildlife and wildlife habitats whether or not formally designated, and promote biodiversity enhancement. Policy 58A: Contaminated Land is also of relevance in light of the agricultural use of the site. 62 In terms of land contamination, Environmental Health Team have advised that contamination may exist by virtue of the site’s use to date as a farmyard and associated buildings. As such, and given the proposed change of dwellinghouse and garden ground which is considered to be the most sensitive land use, a planning condition shall require evaluation of contamination on site, and implementation of decontamination measures where required. 63 No proposed biodiversity enhancement measures have been proposed as part of this planning application. As such, a condition shall require two bird nesting boxes to be installed on the proposed house. As set out elsewhere in this report, a planning condition shall require details of landscaping and planting on site, which in turn would have a biodiversity benefit. The existing site is of limited Page 54 of 86
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biodiversity benefit, and the removal of existing buildings does not raise concern in policy terms in this instance. As such, subject to such conditional control, the proposal would accord with the intent of NPF4 Policy 3 and LDP2 Policy 41. Energy 64 LPD2 Policy 32 seeks to ensure that all proposals for new buildings are required to demonstrate that at least 10% of the current carbon emissions set by the Scottish Building Standards will be met through the installation and operation of low and zero carbon generating technologies. This is also supported by the intent of NPF4 Policy 2. No technical details of how this would be achieved have been submitted with the current application, and as such a planning condition shall require this to be demonstrated. Developer Contributions 65 None required in this instance. Economic Impact 66 The economic impact of the proposal is likely to include the construction phase, and provision of accommodation associated with the operation of a farm business. VARIATION OF APPLICATION UNDER SECTION 32A 67 This application was not varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 68 None required. DIRECTION BY SCOTTISH MINISTERS 69 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 70 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. There is however a minor departure from the adopted Local Development Plan 2 (2019). However, Page 55 of 86
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given the clear advise from the Chief Planner, in such instances, NPF4 takes primacy, and as such, the proposal is recommended for approval subject to the following conditions. RECOMMENDATION Approve the application 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 development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason - To ensure the development is carried out in accordance with the approved drawings and documents. 3. 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 visual amenity; to ensure a satisfactory standard of local environmental quality. 4. 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, with any planting which Page 56 of 86
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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. 5. Prior to the commencement of the development hereby approved, details of the proposed boundary treatments for the site shall be submitted to and agreed by the Council as Planning Authority. The scheme as subsequently agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. 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; and 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. 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 the following: a) the technology types; b) illustrate, through technical calculations, that these will meet at least the 10% reduction; Page 57 of 86
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c) their siting and location; and d) ongoing operation and maintenance. Once approved, the development shall be completed in accordance with the approved scheme. Reason - To ensure the proposal complies with LDP2 Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development. 8. Prior to the commencement of works on site, detailed drawings showing waste and recycling facility enclosures or waste and recycling facility storage areas and associated locations for bin presentation shall be submitted to and approved in writing by the Council as Planning Authority. None of the residential units hereby approved shall be occupied until the agreed scheme has been provided in full. Reason - In order to ensure adequate servicing facilities are provided. 9. The core path which forms part of the access track to the site shall not be obstructed during building works or on completion. Any damage done to the core path and associated signage during building works shall be made good before occupation of the dwellinghouse. Any temporary restrictions to public access required to facilitate works on site must be agreed and approved in writing first with the Access Officer. Reason - In the interests of public access along the core path. 10. 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. 11. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, two bird nesting boxes shall be provided on the completed building or nearby trees. 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. Page 58 of 86
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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. No work shall be commenced until an application for building warrant has been submitted and approved. 4. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 5. 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 6. The applicant should take note of the information and advice contained within the consultation response from the Scottish Environment Protection Agency (SEPA). 7. 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. 8. 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. Page 59 of 86
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Background Papers: 21 letters of representation Contact Officer: John Cooney Date: 28th March 2024 DAVID LITTLEJOHN STRATEGIC LEAD - ECONOMY, DEVELOPMENT AND PLANNING Page 60 of 86
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Ü Erection of a dwellinghouse and associated works on Land 50 Metres West Of Ruchilside Farm Comrie Crieff PH6 2HU 24/00043/FLL Scale 1:10,000 Planning and Placemaking Committee - 10 April 2024© 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)(iii) Page 61 of 86
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Ü Erection of a dwellinghouse and associated works on Land 50 Metres West Of Ruchilside Farm Comrie Crieff PH6 2HU 24/00043/FLL Scale 1:5,000 Planning and Placemaking Committee - 10 April 2024© 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)(iii) Page 63 of 86
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Perth and Kinross Council Planning and Placemaking Committee – 10 April 2024 Pre-Application Report by Strategic Lead - Economy, Development and Planning (Report No. 24/112) PROPOSAL: Mixed use development comprising residential, self-build plots, commercial use workshops, associated infrastructure including access, drainage and landscaping LOCATION: Land 165 Metres South West of Haughend Farm, Dunkeld, PH8 0HY Ref. No: 23/00019/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 residential, self-build plots, commercial use workshops, associated infrastructure including access, drainage and landscaping on land 165 Metres South West of Haughend Farm, Dunkeld, PH8 0HY. 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 8 November 2023. 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 residential, self-build plots, commercial use workshops, associated infrastructure including access, drainage and landscaping. 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. 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. 6(i) Page 65 of 86
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PRE-APPLICATION PROCESS 4. The PoAN (reference 23/00019/PAN) confirmed that two public exhibitions will be held at Binam Arts Centre, Station Road, Birnam, Dunkeld, PH8 0DS on 17 November 2023 between 10am and 6pm and 21 February 2024 between 10am and 9pm. The Ward Councillors, and Dunkeld and Birnam 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 5 Soils • Policy 6 Forestry, Woodland and Trees • Policy 7 Historic Assets and Places • Policy 13 Sustainable Transport • Policy 14 Design, Quality and Place • Policy 16 Quality Homes • Policy 17 Rural Homes • Policy 18 Infrastructure First • Policy 20 Blue and Green Infrastructure • Policy 21 Play, Recreation and Sport • Policy 22 Flood Risk and Water Management • Policy 29 Rural Development 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 Page 66 of 86
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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 1C: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 6: Settlement Boundaries • Policy 8: Rural Business and Diversification • Policy 14B: Open Space Retention and Provision: Open Space within New Developments • Policy 15: Public Access • Policy 19: Housing in the Countryside • Policy 25: Housing Mix • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 27A: Listed Buildings • Policy 31: Other Historic Environment Assets • 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 42: Green Infrastructure • Policy 47: River Tay Catchment Area • Policy 50: Prime Agricultural Land • Policy 51: Soils • 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 55: Nuisance from Artificial Light and Light Pollution • Policy 56: Noise Pollution • Policy 57: Air Quality • Policy 58A: Contaminated and Unstable Land: Contaminated Land • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals • Policy 61: Airfield Safeguarding OTHER POLICIES 10. The following supplementary guidance and documents are of particular importance in the assessment of this application: Page 67 of 86
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• Supplementary Guidance - Air Quality (adopted in 2020) • Supplementary Guidance - Airfield Safeguarding (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 - Housing in the Countryside (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) • 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 • Perth and Kinross Community Plan 2013/2023 • Perth and Kinross Local Transport Strategy (2010) NATIONAL GUIDANCE 11. 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 12. 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 60 Planning for Natural Heritage • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements • PAN 73 Rural Diversification • PAN 75 Planning for Transport • PAN 79 Water and Drainage PLANNING SITE HISTORY 12. 05/00236/PPLB was Approved On 31 March 2005 for Change of use from steading to store yard Page 68 of 86
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CONSULTATIONS 13. As part of the planning application process the following would be consulted: External • Scottish Environment Protection Agency • NatureScot • Scottish Water • Transport Scotland • Historic Environment Scotland • Perth and Kinross Heritage Trust • Birnam and Dunkeld Community Council Internal • Environmental Health – Noise, Odour, Light, Contaminated Land • Development Contributions Officer • Community Greenspace including Access • Transportation and Development • Structures and Flooding • Waste Services • Biodiversity Officer • Affordable Housing Enabler KEY ISSUES AGAINST WHICH A FUTURE APPLICATION WILL BE ASSESSED 14. 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 15. 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 Page 69 of 86
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• 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 • Habitat Survey • Archaeological Assessment • Sustainability Assessment CONCLUSION AND RECOMMENDATION 16. 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 key issues and advise officers of any other issues which they consider should be included as part of the application and assessment. Background Papers: None Contact Officer: Kirsty Strong – Ext 01738 475333 Date: 28 March 2024 DAVID LITTLEJOHN STRATEGIC LEAD – ECONOMY, DEVELOPMENT & PLANNING Page 70 of 86
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Ü Mixed use development comprising residential, self build plots, commercial use workshops, associated infrastructure including access, drainage and landscaping ON Land 165 Metres South West Of Haughend Farm Dunkeld PH8 0HY 23/00019/PAN Scale 1:15,000 Planning and Placemaking Committee - 10 April 2024© 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 71 of 86
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Ü Mixed use development comprising residential, self build plots, commercial use workshops, associated infrastructure including access, drainage and landscaping ON Land 165 Metres South West Of Haughend Farm Dunkeld PH8 0HY 23/00019/PAN Scale 1:10,000 Planning and Placemaking Committee - 10 April 2024© 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 73 of 86
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Perth and Kinross Council Planning and Placemaking Committee – 10 April 2024 Pre-Application Report by Strategic Lead - Economy, Development and Planning (Report No. 24/113) PROPOSAL: Formation of 400kV substation comprising erection of ancillary buildings, hardstanding, plant and machinery access laydown/work compound area(s) and associated works LOCATION: Shindour, Feddal Hill Wood, Braco Ref. No: 24/00001/PAN Ward No: P7- Strathallan Summary This report is to inform the Committee of a potential forthcoming planning application in respect of a national development for formation of 400kV substation comprising erection of ancillary buildings, hardstanding, plant and machinery access laydown/work compound area(s) and associated works at Shindour Feddal Hill Wood, Braco. 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 12 February 2024. The purpose of this report is to inform the Planning and Placemaking Committee of a forthcoming planning application in respect of a national development for formation of 400kV substation comprising erection of ancillary buildings, hardstanding, plant and machinery access laydown/work compound area(s) and associated works. 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 national development. The exact range of uses, scale and design of the development will be arrived at during pre-application discussions. 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. It is 6(ii) Page 75 of 86
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noted that a screening opinion has already been provided, reference 23/02147/SCRN, and is not subject of an EIA development. PRE-APPLICATION PROCESS 4. The PoAN (reference 24/00001/PAN) confirmed that two public exhibitions will be held at Braco Village Hall, Feddal Road, Braco, FK15 9QD, on 20 March and 12 June 2024 between 3pm -7pm. The Ward Councillors, MP’s and MSP’s, Braco and Greenloaning Community Council, Blackford Community Council, Muthill and Tullibardine Community Council, Auchterarder and District Community Council, Dunblane Community Council and Kilmadock 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 5: Soils • Policy 4: Natural Place • Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 11: Energy • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 20: Blue and Green Infrastructure • Policy 21: Play, Recreation and Sport • Policy 22: Flood Risk and Water Management • Policy 23: Health and Safety Page 76 of 86
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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. 10. The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 6: Settlement Boundaries • Policy 15: Public Access • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 31: Other Historic Environment Assets • Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy • Policy 33B: Renewable and Low Carbon Energy: Repowering and Extending Existing Facilities • Policy 35: Electricity Transmission Infrastructure • Policy 39: Landscape • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 51: Soils • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • 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 60B: Transport Standards and Accessibility Requirements: New Development Proposals OTHER POLICIES 11. The following supplementary guidance and documents are of particular importance in the assessment of this application: • 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) • Supplementary Guidance - Placemaking (adopted in 2020) • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft) Page 77 of 86
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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 PLANNING SITE HISTORY 14. 05/01911/FUL Full Planning Permission was approved on 21 April 2006 for Construction of 275/33kv electricity substation, associated building and temporary storage areas, site huts, upgrading/widening works to existing private access road and improvements to junction where access road meets the B8033. 15. 13/01036/FLL Full Planning Permission was approved on 9 July 2013 for Formation of a temporary works compound and topsoil storage area. 16. 14/01758/FLL Full Planning Permission was approved on 24 December 2014 for Permanent retention of temporary access track constructed as part of Beauly-Denny overhead power line. 17. 15/00470/FLL Full Planning Permission was approved on 11 June 2015 for Erection of substation control building, formation of access road and associated works. 18. 16/01719/PN was approved on 7 November 2016 for Formation of a forestry track. 19. 17/01810/FLL Full Planning Permission was approved on 24 November 2017 for Formation of an energy storage facility, vehicular access and associated works. 20. 20/00013/PAN On 5 February 2021 for Formation of an energy storage facility comprising control building, battery storage container units, ancillary equipment, parking, boundary treatments, landscaping and associated works. Page 78 of 86
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21. 21/00756/FLM Full Planning Permission Major was approved on 16 December 2021 for Formation of a 49.9MW energy storage facility comprising 50 battery storage container units, control building, ancillary equipment, parking, access track, boundary treatments, landscaping and associated works. 22. 21/00020/PAN On 3 February 2022 for Formation of a battery energy storage compound comprising battery storage units, ancillary buildings and equipment, landscaping and associated works. 23. 22/02231/FLM Full Planning Permission Major for Formation of a 49.99MW battery energy storage compound comprising battery storage units, ancillary buildings and equipment, bogland restoration, landscaping and associated works. 24. 23/02147/SCRN On 7 February 2024 for Cambushinnie 400kV Substation - New substation site near the existing Braco west substation. CONSULTATIONS 25. As part of the planning application process the following would be consulted: External • Scottish Environment Protection Agency • NatureScot • Scottish Water • Transport Scotland • Scottish Forestry • Health and Safety Executive • Perth and Kinross Heritage Trust • National Grid - GAS • Braco and Greenloaning Community Council • Blackford Community Council • Muthill and Tullibardine Community Council • Auchterarder and District Community Council • Dunblane Community Council • Kilmadock Community Council • Scottish Fire and Rescue Service Internal • Environmental Health – Noise, Lighting and Private Water Supply • Developer Contributions Officer • Community Greenspace including Access • Transportation and Development • Structures and Flooding • Biodiversity Officer Page 79 of 86
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KEY ISSUES AGAINST WHICH A FUTURE APPLICATION WILL BE ASSESSED 26. 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 27. 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 • Construction environment Management Plan (CEMP) • Transport Assessment including Construction Traffic Management Plan (CTMP) • Flood Risk and Drainage Assessment • Landscape and Visual Impact Assessment • Tree and Woodland Survey • Phase 1 Habitat Survey including Protected Species Survey • Archaeological Assessment • Sustainability Assessment • Ecological Impact Assessment • Peat Management Plan • Sustainability including Carbon Assessment • Site Biodiversity Action Plan and biodiversity enhancements • Noise and Lighting Assessment • Ground Investigation Survey including peatland and groundwater. • Noise and Lighting Assessment CONCLUSION AND RECOMMENDATION 28. 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 80 of 86
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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. Background Papers: None Contact Officer: Kirsty Strong – Ext 01738 475333 Date: 28 March 2024 DAVID LITTLEJOHN STRATEGIC LEAD – ECONOMY, DEVELOPMENT & PLANNING Page 81 of 86
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Ü Formation of 400kV substation comprising erection of ancillary buildings, hardstanding, plant and machinery access laydown/work compound area(s) and associated works at Shindour Feddal Hill Wood Braco 24/00001/PAN Scale 1:25,000 Planning and Placemaking Committee - 10 April 2024© 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(ii) Page 83 of 86
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Ü Formation of 400kV substation comprising erection of ancillary buildings, hardstanding, plant and machinery access laydown/work compound area(s) and associated works at Shindour Feddal Hill Wood Braco 24/00001/PAN Scale 1:15,000 Planning and Placemaking Committee - 10 April 2024© 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(ii) Page 85 of 86
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