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Minute of meeting of 10 April 2024

Perth and Kinross Council · 8 May 2024
Back to Planning and Placemaking Committee — 8 May 2024 and its agenda

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PLANNING AND PLACEMAKING COMMITTEE 
Minute of hybrid meeting of the Planning and Placemaking Committee held in the
Council Chambers, 2 High Street, Perth, on Wednesday 10 April 2024 at 9.30am. 
Present: Councillors I Massie, G Stewart, Bailie C Ahern (substituting for Councillor
B Brawn), K Allan, Bailie R Brock (substituting for Councillor D Cuthbert), K Harvey,
D Illingworth, I James, Bailie C McLaren, B Leishman, C Reid, R Watters and Bailie
M Williamson. 
In Attendance: A Baxter, D Littlejohn, L MacLean, S Panton, L Reid, K Smith and
P Williamson (all Economy, Place and Learning); A Brown, S Dockerill, G Fogg,
J Guild and (all Strategy, People and Resources). 
Apologies:  Councillors B Brawn and D Cuthbert. 
Councillor I Massie, Convener, Presiding. 
1. WELCOME AND APOLOGIES 
The Convener welcomed everyone present to the meeting.   
2. DECLARATIONS OF INTEREST 
There were no Declarations of Interest made in terms of the Councillors Code
of Conduct. 
3. MINUTES 
It was noted that the minute of meeting of the Planning and Placemaking
Committee of 13 March 2024 would be brought to the next meeting for approval. 
4.  DEPUTATIONS 
In terms of Standing Order 13, the Committee agreed to hear deputations in
relation to the following planning applications: 
Planning Application No.  Item No. 
23/01255/FLL 5(1)(i)
22/01868/FLL 5(1)(ii)
24/00043/FLL 5(1)(iii) 
5. APPLICATIONS FOR DETERMINATION 
(1) Local Applications 
(i) 23/01255/FLL - Siting of mobile crushing and screening
plant (for a temporary period), Newtyle Farm, Dunkeld, PH8
0HZ (Report No. 24/109)

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Mr K Smith introduced the report and provided the following
updates:
• Paragraph 51 – the word “insert” should read “inert”
• The final sentence of Paragraph 66 is incomplete but the
issue is no longer relevant. 
Mr A Wylie and Dr J Wigzell, on behalf of Dunkeld and Birnam
Community Council, objectors, followed by Mr W Booth agent
on behalf of the applicant, addressed the Committee and
answered Members questions. 
In terms of Standing Order 19.9 Councillor G Laing addressed
the Committee and took part in questions to Officers. 
Resolved:
Grant, subject to the following terms, conditions and
informatives: 
Conditions
1. Permission is hereby granted for a limited period of 2
years from the lawful commencement of development. 
Prior to the end of this 2-year period, the use of the
approved plant and machinery 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
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

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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. 
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. 
THERE FOLLOWED A 10 MINUTE RECESS AND THE COMMITTEE
RECONEVENED

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(ii) 22/01868/FLL - Change of use, alterations and extension to
workshop to form dwellinghouse, Rowan, Garth, Fortingall
(Report No. 24/110) 
Ms S Dolan-Betney, Glenlyon and Loch Tay Community Council
(via telephone) and Ms J Polakowska, objectors, followed by Mr
D Sturrock and Ms K McQueen, agents on behalf of the
applicant, accompanied by Mr J Brown, applicant, addressed
the Committee and answered Members questions.  A statement
was also read out by the Clerk on behalf of Mr T Young,
objector. 
Motion (Bailie M Williamson and Councillor R Watters) 
Refuse, on the grounds that the Mansard roof design is not of a
traditional Scottish approach and is therefore contrary to Local
Development Plan 2 (2019) Policies 1A and 1B: Placemaking
and Policy 17: Residential Areas. 
Amendment (Councillors I James and D Illingworth) 
Grant, subject to the following terms, conditions and
informatives: 
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

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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.  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. 
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.

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In terms of Standing Order 21.5 a roll call vote was taken. 
3 members voted for the Motion as follows:
Councillors C Reid, R Watters and Bailie M Williamson 
10 members voted for the Amendment as follows:
Bailie C Ahern, Councillor K Allan, Bailie R Brock, Councillors
K Harvey, D Illingworth, I James, B Leishman, I Massie, Bailie
C McLaren and Councillor G Stewart. 
Resolved:
In accordance with the Amendment. 
(iii) 24/00043/FLL - Erection of a dwellinghouse and associated
work, land 50 metres west of Ruchilside Farm, Comrie,
Crieff (Report No. 24/111) 
Ms S Waldron, objector, followed by Mr M Wallace, applicant,
addressed the Committee and answered members questions. 
In terms of Standing Order 19.9 Councillor S Donaldson
addressed the Committee and took part in questions to Officers. 
Resolved:
Grant, subject to the following terms, conditions and
informatives: 
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

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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 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.

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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;
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

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shall be maintained in a reasonable condition for the life
of the development. 
Reason - In the interests of protecting environmental
quality and of biodiversity. 
Justification
The proposal is in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
Informatives
1. Under Section 27A of the Town and Country Planning
(Scotland) Act 1997 (as amended) the person
undertaking the development is required to give the
Planning Authority prior written notification of the date on
which it is intended to commence the development.  A
failure to comply with this statutory requirement would
constitute a breach of planning control under Section
123(1) of that Act, which may result in enforcement action
being taken.  Please use the form attached herewith.
2. As soon as practicable after the development is
complete, the person who completes the development is
obliged by Section 27B of the Town and Country
Planning (Scotland) Act 1997 (as amended) to give the
Planning Authority written notice of that position.  Please
use the form attached herewith.
3. 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

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more than two months before your permission expires. 
We cannot guarantee that submissions made within two
months of the expiry date of your permission will be able
to be dealt with before your permission lapses. 
6. PROPOSAL OF APPLICATION NOTICES (PAN) 
(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 (Report No.
24/112) 
Councillor D Illingworth requested due consideration be given to the
long term maintenance of SUDS ponds. 
Bailie C McLaren requested due consideration be given to the scale,
design and layout in relationship to nearby lands, transport implications
and the tourism and economy benefits. 
The contents of the Report by the Strategic Lead – Economy,
Development and Planning, were noted. 
(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 (Report No. 24/113) 
The contents of the Report by the Strategic Lead – Economy,
Development and Planning, were noted.