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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
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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
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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 
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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)
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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 
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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: 
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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.
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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.
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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.
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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 
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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
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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
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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
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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. 
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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
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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
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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. 
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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
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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
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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 
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5(1)(i)
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5(1)(i)
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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)
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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  
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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. 
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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.   
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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.
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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
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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. 
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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
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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.
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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. 
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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 
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DAVID LITTLEJOHN
STRATEGIC LEAD – ECONOMY, DEVELOPMENT & PLANNING 
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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)
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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)
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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)
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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
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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)
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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.
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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
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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. 
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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. 
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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
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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,
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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
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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. 
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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
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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,
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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
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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;
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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. 
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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.
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Page 60

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

Page 61

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

Page 62

Page 62 of 86

Page 63

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

Page 64

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Page 65

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)
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Page 66

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
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Page 67

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: 
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Page 68

• 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 
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Page 69

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
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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

Page 71

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

Page 72

Page 72 of 86

Page 73

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

Page 74

Page 74 of 86

Page 75

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)
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Page 76

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 
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Page 77

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)
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Page 78

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. 
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Page 79

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 
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Page 80

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
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Page 81

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

Page 82

Page 82 of 86

Page 83

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

Page 84

Page 84 of 86

Page 85

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

Page 86

Page 86 of 86