Agenda Document Pack - Planning and Placemaking Committee - 08/05/2024

Perth and Kinross Council · 8 May 2024
Back to Planning and Placemaking Committee — 8 May 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 
29/04/2024 
A hybrid meeting of the Planning and Placemaking Committee will be held in the
Council Chamber on Wednesday, 08 May 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, 08 May 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 MINUTES   
3(i)  MINUTE OF MEETING OF THE PLANNING AND
PLACEMAKING COMMITTEE OF 13 MARCH 2024 FOR
APPROVAL
(copy herewith) 
5 - 42 
3(ii)  MINUTE OF MEETING OF THE PLANNING AND
PLACEMAKING COMMITTEE OF 10 APRIL 2024 FOR
APPROVAL
(copy herewith) 
43 - 52 
4 DEPUTATIONS   
5 APPLICATIONS FOR DETERMINATION   
5(1)  MAJOR APPLICATION   
5(1)(i)  23/00504/FLM - MIXED USE DEVELOPMENT COMPRISING
ERECTION OF 3 CAFÉ/RESTAURANT UNITS (CLASS 3) WITH
DRIVE THRU FACILITIES, BUSINESS UNITS (CLASS 4),
ELECTRIC VEHICLE CHARGING HUB AND FORMATION OF
VEHICULAR ACCESS, PARKING AREAS, LANDSCAPING
AND ASSOCIATED WORKS, LAND 90 METRES SOUTH OF 5
BROXDEN AVENUE (E2), PERTH
Report of Handling by Strategic Lead - Economy, Development
and Planning (copy herewith 24/145) 
53 - 88
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5(2)  LOCAL APPLICATION   
5(2)(ii)  23/00193/FLL - ERECTION OF OFFICE BUILDING (CLASS 4)
AND TWO CAFÉ/RESTAURANT UNITS (CLASS 3) WITH
DRIVE THROUGH FACILITIES, CAR PARKING,
LANDSCAPING AND ASSOCIATED WORKS, LAND 100
METRES SOUTH WEST OF 5 BROXDEN AVENUE, PERTH
Report of Handling by Strategic Lead - Economy, Development
and Planning (copy herewith 24/146) 
89 - 120 
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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 13 March 2024 at 9.30am. 
Present: Councillors I Massie, G Stewart, K Allan, B Brawn, D Cuthbert, K Harvey,
D Illingworth, I James, Bailie C McLaren, B Leishman, C Reid (from Item 5(1)(ii)
onwards), R Watters and Bailie M Williamson. 
In Attendance: L MacLean, S Panton, L Reid, K Smith and P Williamson (all
Economy, Place and Learning); A Brown, C Elliott, J Guild and M Pasternak (all
Strategy, People and Resources). 
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 
The minute of meeting of the Planning and Placemaking Committee of
7 February 2024 were approved. 
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. 
22/02194/FLM 5(1)(i)
23/00491/FLM 5(1)(ii)
23/00005/CONSUL 5(2)(i)
23/01353/FLL 5(3)(ii)
23/01665/FLL 5(3)(iii) 
5. APPLICATIONS FOR DETERMINATION 
(1) Major Applications 
(i) 22/02194/FLM - Change of use of agricultural land to form
extension to existing leisure park, formation of internal
access, parking, hardstanding, engineering works and
landscaping, land 200 metres north east of Erigmore
Caravan Site, St Mary's Road, Birnam (Report No. 24/71) 
3(i)
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Mr P Shannon, agent on behalf of the applicant, addressed the
Committee and answered Members questions. 
Resolved:
Refuse, for the following reasons:
1. The proposal comprises a significant new development
which would a) not respect the character and appearance
of the existing area, b) would require a new landscape
setting to be introduced, with proposals set out not
considered sufficient and c) would result in a visually
incongruous development within the context of the
surrounding area.  The proposal is therefore contrary to
Policy 1 (Placemaking), Policy 8 (Rural Business and
Diversification (criteria (c)) and Policy 9B (Caravan Sites,
Chalets and Timeshare Developments) of the adopted
Perth and Kinross Local Development Plan 2 (2019) and
the Council’s statutory supplementary planning guidance
on Placemaking (2020), as the development would not be
compatible with the existing surrounding land uses, and
would have an adverse impact on the existing character
and appearance of the surrounding area.  
2. The scale and nature of the development is neither
compatible or in keeping with the surrounding area.
Accordingly, the proposal is contrary to Policy 29(b)
(Rural Development) and Policy 26(d)(ii) (Business and
Industry) of the National Planning Framework 4 (2023),
both of which only support new developments which are
compatible and in keeping with the existing surrounding
areas. 
3. As the site is a) not allocated for development and b) not
explicitly supported by policies in the Local Development
Plan, the proposal is contrary to Policy 9 (Brownfield,
vacant and derelict land and empty buildings) of the
National Planning Framework 4 (2023) which only
permits new development on greenfield sites in certain
instances. 
Justification
The proposal is not in accordance with the Development Plan
and there are no material reasons which justify departing from
the Development Plan. 
COUNCILLOR C REID JOINED THE MEETING AT THIS POINT. 
(ii) 23/00491/FLM - Formation of leisure development
comprising erection of 124 holiday accommodation units,
community hub with reception/leisure/retail areas with
other associated uses, formation of vehicular access,
motorhome stances, SUDS ponds, treatment plant, parking,
landscaping and associated works, Whinstone Quarry,
Devonshaw, Powmill (Report No. 24/72) 
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Ms N Marchant, objector on behalf of Fossoway District
Community Council, Ms C Pleass, objector and Mr K Davidson,
on behalf of Devonshaw Leisure Ltd and Mr J McCallum, agent
on behalf of the applicant, addressed the Committee and
answered Members questions. 
Resolved:
Grant, subject to the following terms, conditions and
informatives: 
Conditions
1. This planning permission will last only for three years from
the date of this decision notice, unless the development
has been lawfully started within that period.
Reason - This is a Planning Permission in terms of
Section 58 of the Town and Country Planning (Scotland)
Act 1997, as amended by Section 32 of the Planning
(Scotland) Act2019.
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. No development shall commence until a detailed phasing
and delivery plan confirming the programmed delivery of
the site including the siting of the lodges, glamping pods,
landscaping/planting, community hub (including Aires)
and construction works has been submitted and approved
in writing by the Council as Planning Authority. Once
approved, the development shall be implemented in
accordance with the agreed delivery plan.
Reason - In order to ensure the implementation and
completion of the development components of the
proposal to coincide with infrastructure delivery and to
release the elements of the proposed development which
the planning authority considers will bring economic and
social benefits to the area.
4. The infrastructure required to service the Aires shall be
implemented and maintained in accordance with the
approved details shown on drawing numbers 71 and 78
to the satisfaction of the Council as Planning Authority. 
The details as approved shall be implemented prior to the
completion or bringing into use of the development,
whichever is the earlier.
Reason - to ensure adequate delivery of infrastructure.
5. Prior to the commencement of the development hereby
approved, full visibility splays of 215 metres along the
channel line shall be provided to the left and right of the
access, at a set-back of 2.4 metres to the standard and
specification required by the Council as Roads Authority
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to the satisfaction of the Planning Authority.  The visibility
splays shall be physically formed on the ground and any
existing fences, walls, hedges or other means of
enclosure or obstructions within the splays shall be
removed and relocated out with the splays.  Once
formed, the visibility splays shall be permanently retained
thereafter, and no visual obstruction of any kind shall be
permitted within the visibility splays so formed.
Reason - In the interests of road safety; to
ensure an acceptable standard of
construction within the public road boundary.
6. Prior to the commencement of development, a detail
design showing the vehicle access onto A977 public road
with the following schemes shall be provided for:
a. Ghost island right turning facility.
b. Full visibility splays of 215 metres along the
channel line shall be provided to the left and right
of the access, at a set-back of 2.4 metres to the
standard.
c. Road markings.
d. Bus boarders at and opposite the vehicle access
with suitable hard standing area for bus shelters
with a 24/7 electrical power supply to a Haldo pillar
adjacent to the hard standing.  Dropped kerbs will
be provided on both sides of the road to link the
bus boarders.
e. Outfall details, to include the headwall details,
manholes and pipe location.
f. Drainage proposals to prevent water discharge
onto the A977.
g. A pedestrian crossing island on the A977 in
the vicinity of the proposed bus stops.
All of the above shall be submitted to and approved in
writing by the Council as Planning Authority.  The
submission will confirm the road layout along the A977. 
The scheme for the approved shall thereafter be
implemented in full, prior to the commencement of
construction works on site to provide a safe access and
egress to the site.
Reason - In the interests of road, pedestrian safety and
connectivity with the residential developments to the
north and northwest of the development.
7. Prior to the occupation of the first lodge, the developer
shall provide and install bus shelters at and opposite the
site entrance on appropriate hard standing asphalt areas,
each with a 3 bay cantilever bus shelter supplied and
installed with passenger information board, LED
spotlights (one per bay), a 28in Ultra-Wide Display
Screen for Real Time Passenger Information installed on
the approach side of the shelter and a 24/7 electrical
power supply to a Haldo pillar adjacent to the shelter to
provide power for the LED lighting and Real Time
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Passenger Information display.  The design and
specification shall be to the satisfaction of the Council as
Planning Authority, in consultation with Perth & Kinross
Council's Public Transport Unit.
Reason - In the interest of sustainable travel.
8. Prior to the commencement of the development hereby
approved, the applicant shall submit for the further written
agreement of the Council as Planning Authority, in
consultation with the Roads Authority (Structures), a
Construction Traffic Management Scheme (TMS) which
shall include the following:
a. restriction of construction traffic to approved routes
and the measures to be put in place to avoid other
routes being used.
b. timing of construction traffic to minimise impact on
local communities particularly at school start and
finishing times, on days when refuse collection is
undertaken, on Sundays and during local events.
c. a code of conduct for HGV drivers to allow for
queuing traffic to pass.
d. arrangements for liaison with the Roads Authority
regarding winter maintenance.
e. emergency arrangements detailing communication
and contingency arrangements in the event of
vehicle breakdown.
f. arrangements for the cleaning of wheels and
chassis of vehicles to prevent material from
construction sites associated with the development
being deposited on the road.
g. arrangements for cleaning of roads affected by
material deposited from construction sites
associated with the development.
h. arrangements for signage at site accesses and
crossovers and on roads to be used by
construction traffic in order to provide safe access
for pedestrians, cyclists and equestrians.
i. details of information signs to inform other road
users of construction traffic.
j. arrangements to ensure that access for
emergency service vehicles are not impeded.
k. co-ordination with other significant developments
known to use roads affected by construction traffic.
l. traffic arrangements in the immediate vicinity of
temporary construction compounds.
m. monitoring, reporting and implementation
arrangements.
n. arrangements for dealing with non-compliance;
and
o. details of HGV movements to and from the site.
The TMS as approved shall be strictly adhered to
during the entire site construction programme.
Reason - In the interest of proper site management.
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9. Prior to commencement of any development on site, a
detailed design of the proposed footpath and footway (as
illustrated on drawings 74 and 75), showing the location,
specification and cross section, shall be submitted to and
approved in writing by the Planning Authority in
consultation with the Roads Authority, taking into account
the requirement to ensure that a positive flow of water is
maintained in existing drainage ditches. The footpath and
footway, as approved in writing, shall be implemented in
accordance with the approved details to the satisfaction
of the Council as Planning Authority and undertaken prior
to the occupation of the first lodge or pod.
Reason - In the interests of road safety; to
ensure an acceptable standard of construction
within the public road boundary.
10. Prior to the commencement of works on site, detailed
drawings showing waste and recycling bin storage
locations and strategy for presenting the waste for
collection, shall be submitted for the written agreement of
the Council as Planning Authority.  None of the lodges or
pod units hereby approved shall be occupied until the
agreed scheme has been provided in full.
Reason - In the interests of road safety to prevent long
reversing manoeuvres.
11. Prior to the installation of the lodges and pods, a finalised
design for the cycle lockers shall be submitted to and
approved in writing by the Planning Authority in
consultation with the Roads Authority.  The cycle lockers,
as approved in writing, shall be implemented and
permanently maintained thereafter in accordance with the
approved details to the satisfaction of the Council as
Planning Authority and installed prior to the occupation of
any lodge or pod cluster.
Reason - To encourage active travel and meet
advice within National Planning Framework 4 on
transport.
12. Prior to the occupation of each lodge hereby approved
being completed or brought into use, a minimum of two
car parking spaces shall be provided at each lodge.
Reason - In the interests of road safety; to ensure the
provision of adequate off-street car parking facilities.
13. Prior to the occupation of each glamping pod hereby
approved being completed or brought into use, a
minimum of one car parking space shall be provided at
each glamping pod.
Reason - In the interests of road safety; to ensure the
provision of adequate off-street car parking facilities.
14. 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
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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.
15. Prior to the commencement of the development hereby
approved, details of the specification and colour of the
proposed decking(s) and any hot tubs 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 relevant
unit, whichever is the earlier.
Reason - In the interests of visual amenity; to ensure a
satisfactory standard of local environmental quality.
16. All plant or equipment shall be so enclosed, attenuated
and/or maintained such that any noise therefrom shall not
exceed Noise Rating 35 between 0700 and 2300 hours
daily, or Noise Rating 20 between 2300 and 0700 hours
daily, within any neighbouring residential property, with all
windows slightly open, when measured and/ or calculated
and plotted on a rating curve chart.
Reason - In order to safeguard the residential amenity of
the area.
17. Prior to the development hereby approved being
completed or brought into use, an effective ventilation
system commensurate with the nature and scale of
process to be undertaken shall be installed and operated
such that odours are not exhausted into or escape into
any neighbouring buildings. Thereafter the system shall
be maintained.
Reason - In order to safeguard the residential amenity of
the area.
18. All external lighting shall be sufficiently screened and
aligned so as to ensure that there is no direct illumination
of neighbouring land and that light spillage beyond the
boundaries of the site is minimised to a degree that it does
not adversely affect the amenity of the neighbouring land.
Reason - In order to safeguard the residential amenity of
the area.
19. Prior to the commencement of the development a Noise
Management Plan shall be submitted for the written
approval of the planning authority. The plan shall include
all sources of noise associated with the premise,
including user noise and the measures that will be put in
place to minimise and/or control noise. The plan shall be
reviewed on a regular basis or, following receipt of a
justified complaint or at the request of the planning
authority. Once the Noise Management Plan has been
approved, it shall be fully implemented for the lifetime of
the development.
Reason - In order to safeguard the residential amenity of
the area.
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20. Servicing of and deliveries to the site shall be carried out
between 0700 and 1900 Monday to Sunday.
Reason - In order to safeguard the residential amenity of
the area.
21. Prior to the commencement of any hereby approved
development, all trees on site (other than those marked
for felling on the approved plans) and those which have
Root Protection Areas which fall within the site shall be
retained and protected. Protection methods shall be
strictly in accordance with BS 5837 2012: Trees in
Relation to Design, Demolition and Construction.
Protection measures, once in place, shall remain in place
for the duration of construction.
Reason - To ensure a satisfactory standard of
development and environmental quality and to reserve
the rights of the Planning Authority.
22. Prior to the commencement of the development hereby
approved, an updated detailed landscaping and planting
scheme for the site (including proposed phasing) shall be
submitted to and approved in writing by the Planning
Authority. The scheme shall be updated to include a
native hedgerow on the western boundary, adjacent to
Lodges 25 and 26. 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 each phase of the
development, whichever is the earlier, and the date of
Practical Completion of the landscaping scheme shall be
supplied in writing to the Council as Planning Authority
within 7 days of that date.  The scheme as agreed and
implemented shall thereafter be maintained to the
satisfaction of the Council as Planning Authority.
Reason - In the interests of visual amenity and to
protect the adjacent SSSI, and to ensure the
satisfactory implementation of the proposed planting
scheme.
23. Any planting failing to become established within five
years shall be replaced in the following planting season
with others of similar size, species and number to the
satisfaction of the Council as Planning Authority.
Reason - In the interests of visual amenity
and to ensure the satisfactory
implementation of the proposed planting
scheme.
24. Prior to undertaking the operations prescribed within the
approved Management Plan, at Year 1, 3, 5, 7, 9, & year
10, the applicant shall notify the Planning Authority in
writing, in order to assess the thinning, planting and weed
control operations, as prescribed within the approved
Tree and Woodland Management Plan by Urban - Arb
Arboricultural Consultants (Sep 2023) (drawing number
65) & FinLand Proposed Development Devonshaw
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Quarry - Landscape Planning (Oct 2023) (drawing
number 69).
Reason - To ensure a satisfactory standard of
development and environmental quality and to reserve
the rights of the Planning Authority.
25. The conclusions and recommended action points within
the supporting Ecological Impact Assessment (including
Addendum) submitted and hereby approved
(document(s) 39 and 66 relates) shall be fully adhered to,
respected and undertaken as part of the construction
phase of development, to the satisfaction of the Council
as Planning Authority.
Reason - In the interests of protecting environmental
quality and of biodiversity.
26. A minimum of two months prior to the commencement of
development, a site-specific Construction Environmental
Management Plan (CEMP) which shall include a
Construction Method Statement (CMS) shall be submitted
to and approved by the Council as Planning Authority in
consultation with key stakeholders as deemed
appropriate. The CEMP must also include a Pollution
Prevention Plan (PPP), Invasive Management Plan
(IMP), Site Waste Management Plan (SWMP), Site
Access Management Plan (SAMP), Construction
Exclusion Zone (CEZ), Construction Traffic Management
Plan (CTMP), Environmental Management Plan (EMP).
Proposed measures for bog restoration methods,
monitoring and ongoing long-term aftercare and
maintenance shall be included. Measures to ensure the
public road network is kept free from mud or debris shall
also be required. The CEMP will remain a live document,
any working practices deemed to be having an adverse
impact on ecology or the environment will be the subject
of revision. All revisions must be submitted to the
Planning Authority as soon as reasonably practicable.
Thereafter the development shall be fully undertaken in
accordance with the agreed CEMP.
Reason - In the interest of protecting environmental
quality and of biodiversity. To minimise any associated
adverse landscape and visual impact of the above ground
elements and protect the character and visual amenity of
the immediate and surrounding countryside and
associated nature and cultural heritage conservation
interests.
27. Prior to the commencement of the development hereby
approved, an independent and suitably qualified
Ecological Clerk of Works (ECoW) shall be appointed at
the developers' expense. Details of this appointment shall
be subject to the prior written agreement of the Council
as Planning Authority. The appointed person will remain
in post for the duration and subsequent restoration of the
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proposed development. The ECoW shall have
responsibility for the following:
(a)  Implementation of the Construction
Environmental Management Plan (CEMP)
approved by this permission.
(b)  Authority to stop operations or to alter
construction methods should there be any
works occurring which are having an adverse
impact on the natural heritage.
(c)  Prior to the commencement of development, they
shall provide an environmental/ecological tool box
talk for construction staff.
(d)  They will have authority to amend working
practices in the interests of natural heritage. Any
amendments shall be submitted to the Council as
Planning Authority as an addendum to the
approved CEMP.
(e)  They shall make weekly visits to the development
site at a time of their choosing. No notification of
this visit is required to be given to the developer or
contractor.
(f)  Within 10 working days of the end of each
calendar month, they are required to submit a
detailed monthly report for the review of the
Planning Authority in consultation with Scottish
Environment Protection Agency (SEPA) for the
duration of development. 
(g)  They shall notify the Council as Planning Authority
in writing of any requirement to halt development
in relation to this condition as soon as reasonably
practicable.
The above shall be implemented throughout the
construction of the development hereby approved unless
otherwise agreed in writing with the Council as Planning
Authority.  The CEMP shall contain a site-specific
Construction Method Statement (CMS) which will provide
concise details for the implementation of the CEMP for
site operatives.
Reason - To avoid habitat damage and safeguard natural
heritage interests.
28. Measures to protect animals from being trapped in open
excavations and/or pipe and culverts shall be
implemented for the duration of the construction works of
the development hereby approved. The measures may
include creation of sloping escape ramps for animals,
which may be achieved by edge profiling of
trenches/excavations or by using planks placed into them
at the end of each working day and open pipework
greater than 150 mm outside diameter being blanked off
at the end of each working day.
Reason - In order to prevent animals from being trapped
within any open excavations.
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29. Prior to the commencement of development detailed
plans for nighttime lighting of the proposed development
shall be submitted for the approval of the Planning
Authority. These plans should be submitted in strict
accordance with recognised impact reduction principles
and any lighting proposed shall be low level.
Reason - In the interests of visual amenity; to ensure
a satisfactory standard of local environmental quality;
to safeguard the welfare of any protected wildlife.
30. Development shall not commence on site until an
evaluation for the potential of the site to be affected by
contamination by a previous use has been undertaken
and, as a minimum, a Preliminary Risk Assessment
(Phase 1 Desk Study) has been submitted for
consideration and accepted by the Council as Planning
Authority. If the preliminary risk assessment identifies the
need for further assessment, an intrusive investigation
shall be undertaken to identify:
I. the nature, extent and type(s) of contamination on
the site
II.  measures to treat/remove contamination to ensure
the site is fit for the use proposed
III.  measures to deal with contamination during
construction works
IV.  condition of the site on completion of
decontamination measures.
Prior to the completion or bringing into use of any part of
the development the measures to decontaminate the site
shall be fully implemented in accordance with the scheme
subsequently agreed by the Council as Planning
Authority. Verification that the scheme has been fully
implemented must also be submitted to the Council as
Planning Authority.
Reason - In order to deal with any potential
contamination of the site as a result of its former use.
31. Development shall not commence on site until a detailed
sustainable urban drainage system (SUDS) has been
submitted for the written agreement of the Council as
Planning Authority, in consultation with SEPA where
necessary.  The scheme shall be developed in
accordance with the technical guidance contained in The
SUDS Manual (C753) and the Council's Flood Risk and
Flood Risk Assessments Developer Guidance and shall
incorporate source control. All works shall be carried out
in accordance with the agreed scheme and be
operational prior to the bringing into use of the
development.
Reason - To ensure the provision of effective drainage for
the site.
32. The development hereby approved shall be used solely
for holiday accommodation and shall not be occupied as
the sole or main residence of any occupant.
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Reason - In order to clarify the terms of the permission; to
control and restrict the use of the site.
33. Notwithstanding the provisions of The Town and Country
Planning (General Permitted Development (Scotland)
Order 1992 or any order amending, revoking or re-
enacting that order, the proposed lodges shall not be
extended or altered in any way, not any building or means
of enclosure erected within the curtilage of any lodge
without an express grant of planning permission from the
Planning Authority.
Reason - In the interest of visual and residential amenity;
to ensure a satisfactory standard of local environmental
quality and to avoid over-intensive development of the
site.
34. Prior to the commencement of development, a recreation
plan shall be submitted for the approval of the 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 ensuring
suitable public access and recreation. 
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. Part of the approved development includes holiday
accommodation or Short-term Let accommodation (STL). 
The developer is advised that holiday accommodation
and STLs require to be licensed under the terms of Article
3 of the Civic Government (Scotland) Act 1982 (Licensing
of Short-terms Lets) Order 2021 and therefore a licence
application should be made to Perth and Kinross Council
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Page 17

prior to operation commencing.  Further information and
application forms are available at
https://www.pkc.gov.uk/shorttermlets.
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 is advised that in terms of Sections 21 of
the Roads (Scotland) Act 1984 he/she/they must obtain
from the Council as Roads Authority Road Construction
Consent (RCC) to construct a new road prior to the
commencement of roadworks.  Advice on the disposal of
surface water must be sought at the initial stages of
design from Scottish Water and the Scottish Environment
Protection Agency.  Please note that a fee is chargeable
for the processing of RCC applications.
7. The applicant is advised that in terms of Sections 56 of
the Roads (Scotland) Act 1984 he/she/they must obtain
from the Council, as Roads Authority, consent to open an
existing road or footway prior to the commencement of
works.  Information on junction types, requirements for
Vehicular Access consents (VA1) and application forms
are available at www.pkc.gov.uk/vehicleaccess.  Advice
on the disposal of surface water should be sought at the
initial stages of design from Scottish Water and the
Scottish Environment Protection Agency.
8. The applicant is advised that, in terms of Sections 109 of
the New Roads and Street Works Act 1991, he/she/they
must obtain from the Council, to place, maintain or adjust
apparatus in, or under a Road or remove apparatus from
a road.  Application forms are available at
https://www.pkc.gov.uk/article/14916/Road-and-footway-
permits.
9. The applicant should take note of the information and
advice contained within the consultation response from
Scottish Water.
10. Part of the approved development includes 'caravans'. 
The developer is advised that caravans require to be
licensed under the terms of Section 1 of the Caravan
Sites and Control of Development Act 1960 and therefore
a licence application should be made to Environmental
Health.  Application forms are available at
https://www.pkc.gov.uk/article/15600/Licence-caravan-
site.
11. The applicant is advised that if any works are required
within the SSSI in relation to drainage from the proposal
site, permission from SEPA and/or consent from
NatureScot may be required in addition to any planning
permission.
12. The applicant is advised that any proposed signage will
require a further application to be submitted for
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Page 18

advertisement consent unless it benefits from express
consent as per the Town and Country Planning (Control
of Advertisements) (Scotland) Regulations 1984.
13. Trees and scrub are likely to contain nesting birds
between 1st March and 31st August inclusive. Trees and
scrub are present on the application site and are to be
assumed to contain nesting birds between the above
dates. The applicant is reminded that, under the Wildlife
and Countryside Act 1981, as amended (section 1), it is
an offence to remove, damage or destroy the nest of any
wild bird while that nest is in use or being built. Planning
permission for a development does not provide a defence
against prosecution under this Act.
14. This application was varied prior to determination, in
accordance with the terms of section 32A of the Town
and Country Planning (Scotland) Act 1997, as amended.
The variations incorporate changes to
Biodiversity/Tree/Woodland/Roads/Foul/Water/ASHP/Vis
uals.
15. This development will require the 'Display of notice while
development is carried out', under Section 27C(1) of the
Town and Country Planning Act 1997, as amended, and
Regulation 41 of the Development Management
Procedure (Scotland) Regulations 2013. The form of the
notice is set out in Schedule 7 of the Regulations and a
draft notice is included for your guidance. In accordance
with Regulation 41 the notice must be:
• Displayed in a prominent place at or in the vicinity
of the site of the development 
• Readily visible to the public
• Printed on durable material. 
THERE WAS A 10 MINUTE RECESS, THE COMMITTEE RECONVENED AT
11.50AM. 
(2) Energy Consent Unit Application 
(i) 23/00005/CONSUL - Erection of a 900MW Battery Storage
System and associated infrastructure, Haughend Farm,
Meigle, Blairgowrie, PH12 8RJ (Report No. 24/73) 
Councillor C Stewart, Local Member, and Ms A Ellis, agent on
behalf of the applicant, addressed the Committee and answered
Members questions. 
Mr S Panton, Team Leader, Major Developments, advised
Committee that the ECU advised Perth and Kinross Council this
week that the capacity of the plant will change from 450MW to
900MW.  Mr Panton further advised there is no change to any
infrastructure or plans before Committee. 
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Page 19

Resolved:
Offer no objection to the proposal and request the imposition of
the following suggested conditions: 
Suggested Conditions
1. Prior to the commencement of the development hereby
approved, details of the specification and colour of the
proposed external finishing materials to be used on all
structures and any hard landscaping 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 any part of the
development, whichever is the earlier.
Reason - In the interests of visual amenity; to ensure a
satisfactory standard of local environmental quality; to
reserve the rights of the Planning Authority.
2. Prior to the commencement of development hereby
approved, a Soil Management Plan (SMP) shall be
submitted to and agreed in writing by the Council as
Planning Authority.  The plan as approved shall be strictly
adhered to concurrent with the construction phases of the
development.
Reason - To ensure that prime agricultural land soil is not
unnecessarily sterilised or lost and in the interests of
Policy 51 of LDP2.
3. Development shall not commence until the developer has
secured the implementation of a programme of
archaeological work in accordance with a Written
Scheme of Archaeological Investigation (WSI) which has
been submitted by the developer and agreed in writing by
the Council as Planning Authority, in consultation with
Perth and Kinross Heritage Trust (PKHT).  Thereafter, the
developer shall ensure that the programme of
archaeological works is fully implemented including that
all excavation, preservation, recording, recovery,
analysis, publication and archiving of archaeological
resources within the development site is undertaken.
Should the archaeological works, as required by the WSI,
identify a requirement for post-excavation analysis, the
development as approved shall not be occupied or
brought into use until a Post-Excavation Research Design
(PERD) has been submitted to and agreed in writing by
the Council as Planning Authority, in consultation with
PKHT.  The PERD shall be carried out in complete
accordance with the approved details.  Furthermore, the
developer shall afford access at all reasonable times to
PKHT or a nominated representative and shall allow them
to observe work in progress. 
Reason - To safeguard any archaeological interest of the
site.
4. Prior to the commencement of the development hereby
approved, protective fencing shall be erected around
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Page 20

SM7263 / MPK4865 incorporating an appropriate buffer,
insofar as the land lies within the control of the applicant
and/or developer, in a manner and for a time period to be
agreed in writing in advance with the Council as Planning
Authority in consultation with Perth and Kinross Heritage
Trust (PKHT).  No works shall take place within the area
inside that fencing without prior written agreement of the
Council as Planning Authority in consultation with PKHT.
Reason - To ensure the preservation of the historic
environment safeguard the identified Scheduled
Monument within and adjacent to the site boundaries.
5. Prior to the commencement of development, an updated
ecological survey in the form of an Ecological Impact
Assessment (EcIA) be submitted and agreed in writing by
the Planning Authority.
Reason - In the interests of protecting and enhancing
biodiversity.
6. Prior to the commencement of development, a Species
Protection Plan for Osprey be submitted and agreed in
writing by the Planning Authority.
Reason - In the interests of protecting and enhancing
biodiversity.
7. Prior to the commencement of development, a detailed
Landscaping Plan including details of biodiversity
enhancement measures shall be submitted and agreed in
writing by the Planning Authority.
Reason - In the interests of protecting and enhancing
biodiversity.
8. A minimum of two months prior to the commencement of
development, a site specific Construction Environmental
Management Plan (CEMP) which shall include a
Construction Method Statement (CMS) shall be submitted
to and approved by the Council as Planning Authority in
consultation with key stakeholders as deemed
appropriate.  The CEMP must also include a Pollution
Prevention Plan (PPP), Invasive Management Plan
(IMP), Site Waste Management Plan (SWMP), Site
Access Management Plan (SAMP), Construction
Exclusion Zone (CEZ), Construction Traffic Management
Plan (CTMP) and Environmental Management Plan
(EMP).  A detailed compound layout which sets out
measures to ensure the public road network is kept free
from mud or debris shall also be included.  The CEMP
will remain a live document, any working practices
deemed to be having an adverse impact on ecology or
the environment will be the subject of revision.  All
revisions must be submitted to the Planning Authority as
soon as reasonably practicable.  Thereafter the
development shall be fully undertaken in accordance with
the agreed CEMP.
Reason - In the interest of protecting environmental
quality and of bio-diversity.  To minimise any associated
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Page 21

adverse landscape and visual impact of the above ground
elements and protect the character and visual amenity of
the immediate and surrounding countryside and
associated nature and cultural heritage conservation
interests.
9. Prior to the commencement of the development hereby
approved, an independent and suitably qualified
Ecological Clerk of Works (ECoW) shall be appointed at
the developers' expense.  Details of this appointment
shall be subject to the prior written agreement of the
Council as Planning Authority.  The appointed person will
remain in post for the duration and subsequent
restoration of the proposed development.  The ECoW
shall have responsibility for the following:
(a)  Overseeing the implementation of the Construction
Environmental Management Plan (CEMP)
approved by this permission.
(b)  Authority to stop operations or to alter construction
methods should there be any works occurring
which are having an adverse impact on the natural
heritage.
(c)  Prior to the commencement of development, they
shall provide an environmental / ecological tool
box talk for construction staff.
(d)  They will have authority to amend working
practices in the interests of natural heritage. Any
amendments shall be submitted to the Council as
Planning Authority as an addendum to the
approved CEMP.
(e)  They shall make weekly visits to the development
site at a time of their choosing. No notification of
this visit is required to be given to the developer or
contractor.
(f)  Within 10 working days of the end of each
calendar month, they are required to submit a
detailed monthly report for the review of the
Planning Authority in consultation with Scottish
Environment Protection Agency (SEPA) for the
duration of development.
(g)  They shall notify the Council as Planning Authority
in writing of any requirement to halt development
in relation to this condition as soon as reasonably
practicable.
The above shall be implemented throughout the
construction, (including reinstatement and de-
commissioning of the construction compounds) hereby
approved unless otherwise agreed in writing with the
Council as Planning Authority.  The CEMP shall contain a
site-specific Construction Method Statement (CMS) which
will provide concise details for the implementation of the
CEMP for site operatives.
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Page 22

Reason - To avoid habitat damage and safeguard natural
heritage interests.
10. In the event that justified complaints for noise are
received by the Council, the applicant at their own
expense, shall employ an independent and suitably
qualified consultant to carry out a Noise Assessment from
the development.  The appointed consultant and
methodology for the Noise Assessment shall be
submitted to and approved in writing by the Planning
Authority in consultation with Environmental Health within
28 days of being notified of the complaint.  Within 28 days
of approval of appointed consultant and methodology, a
Noise Assessment shall be submitted outlining mitigation
and recommended timescales for delivery.  Thereafter, all
mitigation measures shall be implemented within the
timescales recommended.
Reason - In the interests of protecting residential amenity.
11. Prior to the battery storage facility being brought into use,
all noise mitigation measures outlined in Section 8.2 and
Appendix A of the Noise Impact Assessment undertaken
by Neo Environmental Ltd, dated 04/10/2022 shall be
implemented in full.
Reason - In the interests of protecting residential amenity.
12. All plant or equipment shall be so enclosed, attenuated
and/or maintained such that any noise therefrom shall not
exceed Noise Rating 35 between 0700 and 2300 hours
daily, or Noise Rating 20 between 2300 and 0700 hours
daily, within any neighbouring residential property, with all
windows slightly open, when measured and/ or calculated
and plotted on a rating curve chart.
Reason - In the interests of protecting residential amenity.
13. Notwithstanding any requirement or restriction under
Condition 6, construction work shall be limited to Monday
to Friday 0700 hours to 1900 hours and Saturday 0800
hours to 1300 hours with no noisy works out with these
times or at any time on Sundays or bank holidays.
Reason - In the interests of protecting residential amenity.
14. All external lighting shall be sufficiently screened and
aligned so as to ensure that there is no direct illumination
of neighbouring land and that light spillage beyond the
boundaries of the site is minimised to a degree that it
does not adversely affect the amenity of the neighbouring
land. 
Reason - In the interests of protecting residential amenity.
15. Prior to the commencement of development, the
developer shall submit for the written approval of the
planning authority, a plan showing the upgrading of the
section of road from the substation to Haughend Farm
with passing places.  The works for the agreed upgrading
of the road shall be completed in full prior to the
commencement of works.
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Page 23

Reason - In the interests of road safety and adequate site
access.
16. Trees remaining on site and those which have Root
Protection Areas which fall within the site shall be
retained and protected.  Protection methods shall be
strictly in accordance with BS 5837 2012: Trees in
Relation to Design, Demolition and Construction and be
identified on the Construction Exclusion Zone (CEZ) Plan
within the Construction Environment Management Plan
(CEMP), in association with Condition 8. Protection
measures, once in place, shall remain in place for the
duration of construction.
Reason - To ensure a satisfactory standard of
development and environmental quality and to reserve
the rights of the Planning Authority. 
With local sources indicating flooding precedent in the area,
including following extreme weather events of October 2023, it is
suggested that local consultation is undertaken prior to the
commencement of development to assist with assessment and
design. 
Justification
The proposal is in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
THERE WAS A RECESS FOR LUNCH.  THE COMMITTEE RECONVENED AT
1.40PM. 
(3) Local Applications 
(i) 23/01255/FLL - Siting of mobile crushing and screening
plant (for a temporary period), Newtyle Farm, Dunkeld, PH8
0HZ (Report No. 24/74) 
It was noted that this application had been withdrawn from this
agenda. 
(ii) 23/01353/FLL - Upgrading works affecting filter beds,
structures and access roads and engineering and
associated works, Glenfarg Water Treatment Works, The
Reservoir, Glenfarg, Perth, PH2 9QL (Report No. 24/75) 
Mr D Fraser, objector on behalf of Glenfarg Community Council,
Mrs Low, objector, and Mr M McIlvaney and Ms C Souter-Bell,
on behalf Scottish Water, addressed the Committee and
answered Members questions. 
Paul Williamson, Team Leader recommended that, if the
application is granted, condition 6 be revised to include
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Page 24

reference to planting failing to become fully established within 5
years. 
THERE WAS A 5 MINUTE RECESS 
Resolved:
Grant, subject to the following terms, conditions and
informatives: 
Conditions
1. This planning permission will last only for three years
from the date of this decision notice, unless the
development has been lawfully started within that period.
Reason - This is a Planning Permission in terms of
Section 58 of the Town and Country Planning (Scotland)
Act 1997, as amended by Section 32 of the Planning
(Scotland) Act 2019.
2. 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, a
Construction Management Plan shall be submitted to and
agreed in writing by the Council as Planning Authority
and the Environmental Health Team.  The plan shall
include procedures, monitoring and mitigation measures
for the control of noise, vibration, and dust at the
construction stage of the development.
Reason - In order to safeguard the neighbouring
residential amenity in the area.
4. Prior to commencement of any development on site, a
detailed design showing all passing places, including
current and those to be constructed or upgraded, with the
proposed construction works, cross sections,
specifications and signage of the passing places on both
the public road network and private road shall be
submitted to and approved in writing by the Planning
Authority in consultation with the Roads Authority, taking
into account the requirement to ensure that a positive
flow of water is maintained in the existing drainage
ditches.  The passing places shall be implemented in
accordance with the approved details to the satisfaction
of the Council as Planning Authority and shall be
undertaken prior to the commencement of construction
associated with this planning application.
Reason - In the interests of pedestrian and traffic safety. 
5. Prior to the commencement of the development hereby
approved, an updated Construction Traffic Management
Scheme (TMS) shall be submitted to and approved by the
Council as Planning Authority, in consultation with the
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Page 25

Roads Authority (Structures).  The updated TMS shall
include the following (confirming the location,
specification and timescale for installation of each
measure): 
(a) Speed Reduction Measures; 
(b) Road Traffic Signage, including solar signage;
(c) Bailey Bridge to be constructed over Glendy Mill
Bridge Category C Listed Structure;
(d) Anti-skid surfacing; 
(e) Improvements to Lay-by Development for Escort
Vehicles & HGVs; 
(f) Parking restrictions; 
(g) Vegetation Clearance; 
(h) Verge Improvements; 
(i) Crossing Officer for the junction of Greenbank
Road/Ladeside/Duncrievie Road/Church Brae
(operational duration, daily times and operational
location); 
(j) the provision and installation of traffic counters at
the applicant's expense at locations to be agreed
prior to the commencement of construction; and
(k) Report on consultation undertaken on all aspects
of this updated TMS with local elected members
and Glenfarg Community Council.
The measures shall be implemented prior to the dates
agreed and approved in writing by the Planning Authority,
in consultation with the Roads Authority.
The TMS as approved shall be strictly adhered to during
the entire site construction programme. 
Reason - In the interest of proper site management. 
6.  Prior to the commencement of the development hereby
approved, a detailed landscaping and planting scheme for
the site shall be submitted for the written agreement of the
Council as Planning Authority.  The scheme shall include
details of the height and slopes of any mounding or
recontouring of the site, full details of all hard landscaping
proposals including materials and installation methods
and, species, height, size and density of trees and shrubs
to be planted.  The scheme as subsequently approved
shall be carried out and completed within the first
available planting season (October to March) after the
completion or bringing into use of the development,
whichever is the earlier, and the date of Practical
Completion of the landscaping scheme shall be supplied
in writing to the Council as Planning Authority within 7
days of that date.  The scheme as agreed and
implemented shall thereafter be maintained to the
satisfaction of the Council as Planning Authority, 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.  
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Page 26

Reason - In the interests of visual amenity and to ensure
the satisfactory implementation of the proposed planting
scheme.
7. The plans and particulars submitted in accordance with
condition 7 above shall include: 
(a)  a plan, to a scale and level of accuracy appropriate
to the proposal, showing the position of every tree
on the site and on land adjacent to the site
(including street trees) that could influence or be
affected by the development, indicating which
trees are to be removed; and
(b) in relation to every tree identified a schedule
listing: 
i. information as specified in paragraph 4, BS
5837 2012: Trees in Relation to Design,
Demolition and Construction;
ii. any proposed pruning, felling or other work;
and
(c) in relation to every existing tree identified to be
retained on the plan referred to in (a) above,
details of: 
i.  any proposed alterations to existing ground
levels, and of the position of any proposed
excavation, that might affect the root
protection area (see BS 5837 2012: Trees
in Relation to Design, Demolition and
Construction) and 
ii.  all appropriate tree protection measures
required before and during the course of
development (in accordance with BS 5837
2012: Trees in Relation to Design,
Demolition and Construction), and
(d)  areas of existing landscaping to be protected from
construction operations and the method of
protection.
Reason - To ensure a satisfactory standard of
development and environmental quality and to reserve
the rights of the Planning Authority.
8. Prior to the commencement of the development hereby
approved, a Scheme of Proposed Biodiversity
Enhancement shall be submitted to and approved by the
Council as Planning Authority.  The approved Scheme
shall be implemented prior to the completion or
occupation of the building(s) hereby approved, whichever
is the earlier.  Thereafter, the agreed scheme shall be
maintained in a reasonable condition for the life of the
development, to the satisfaction of the Council as
Planning Authority. 
Reason - In the interests of protecting environmental
quality and of biodiversity.
9.    Prior to the commencement of the development, a
maintenance agreement under Section 96 of the Roads
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Page 27

(Scotland) Act 1984 shall be entered in to. Confirmation
of this agreement being in place shall be provided to the
Council, as Planning Authority, a minimum of two weeks
prior to the commencement of development.  The
maintenance agreement shall be in respect of the:
- B996 
- Ladeside 
- C414
These roads shall be inspected on a regular basis and
repairs carried out to the timescale and standards
specified by the Council as Roads Authority to the
satisfaction of Perth & Kinross Council. 
Reason - In the interests of road safety
10.   The measures identified in the Flood Risk Assessment
(Document 33 relates) to prevent flooding of the site,
approved as part of this permission, shall be fully
implemented.  Verification that the scheme has been fully
implemented shall be submitted to the Council as
Planning Authority prior to completion or the bringing into
use of any part of the development, whichever is the
earlier.
Reason - The site is located within the 1/200 (0.5% AEP)
flood extent and therefore has a medium to high risk of
flooding.
11. The conclusions and recommended action points within
the supporting Ecological Constraints Survey, Beaver
Survey and Bat Survey submitted and hereby approved
(document(s) 36, 42 and 44 relates) shall be fully
adhered to, respected and undertaken as part of the
construction phase of development, to the satisfaction of
the Council as Planning Authority.
Reason - In the interests of protecting environmental
quality and of biodiversity.
12.   All plant or equipment shall be so enclosed, attenuated
and/or maintained such that any noise therefrom shall not
exceed Noise Rating 35 between 0700 and 2300 hours
daily, or Noise Rating 20 between 2300 and 0700 hours
daily, within any neighbouring residential property, with all
windows slightly open, when measured and/ or calculated
and plotted on a rating curve chart.
Reason - In order to safeguard the neighbouring
residential amenity in the area.
13. The sound pressure limits as presented in Section 8.4 of
the Noise Impact Assessment (Document 35 relates)
hereby approved shall be adhered to and the
recommended noise mitigation measures in section 8.6 of
the approved document shall be incorporated into
ongoing detailed design and coordination to ensure
compliance with Condition 12 of this planning permission.
Reason - In order to safeguard the neighbouring
residential amenity in the area.
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Page 28

14. All external lighting shall be sufficiently screened and
aligned so as to ensure that there is no direct illumination
of neighbouring land and that light spillage beyond the
boundaries of the site is minimised to a degree that it
does not adversely affect the amenity of the neighbouring
land.
Reason - In order to safeguard the neighbouring
residential amenity in the area.
15. In the event that justified complaints regarding noise are
received by the Council, the applicant, unless otherwise
agreed with the Planning Authority, shall at their own
expense employ a consultant approved by the Planning
Authority to carry out an assessment of noise from the
development, whether relating to noise from construction
or operation of the site.  The assessment will be carried
out to an appropriate methodology agreed with the
Planning Authority and the results of the assessment will
be submitted to the Planning Authority within 28 days of
the assessment.
Reason - In order to safeguard the neighbouring
residential amenity in the area.
16.   Deliveries in relation to the construction site shall be
carried out between 0800 and 1800 Monday to Friday
only, with no construction deliveries permitted on
Saturdays and Sundays.  Construction deliveries shall be
timed to minimise the impact on local communities
particularly at school start and finishing times, on days
when refuse collection is undertaken, or during local
events. 
Reason - In the interests of road safety. 
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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Page 29

3. No work shall be commenced until an application for
building warrant has been submitted and approved.
4. Trees and scrub are likely to contain nesting birds
between 1st March and 31st August inclusive.  Trees and
scrub are present on the application site and are to be
assumed to contain nesting birds between the above
dates.  The applicant is reminded that, under the Wildlife
and Countryside Act 1981, as amended (section 1), it is
an offence to remove, damage or destroy the nest of any
wild bird while that nest is in use or being built.  Planning
permission for a development does not provide a defence
against prosecution under this Act.
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
SEPA.
7. This application was varied prior to determination, in
accordance with the terms of Section 32A of the Town
and Country Planning (Scotland) Act 1997, as amended. 
The variations incorporate changes to information
regarding biodiversity and transport.
8. Records indicate that at least part of the proposed
development site lies within a radon affected area where
the measurement/monitoring of radon gas and the
installation of mitigation measures may be required.
Further information on radon gas and the associated
reports that can be obtained is available at
www.ukradon.org and at
http://shop.bgs.ac.uk/georeports/.
9. This planning permission is granted subject to conditions,
some of which require further information to be submitted
to Development Management either before works can
start on site or at a certain time.  The required information
must be submitted via the ePlanning portal if your original
application was lodged that way, otherwise send it to us
at developmentmanagement@pkc.gov.uk.  Please be
aware that a fee is payable in respect of each request
made, though there is no limit to the number of conditions
that can be discharged in a single request.  The Fees
Charter is available on our website www.pkc.gov.uk.   
The Council has two months to consider the information. 
You should therefore submit the required information
more than two months before your permission expires. 
We cannot guarantee that submissions made within two
months of the expiry date of your permission will be able
to be dealt with before your permission lapses. 
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Page 30

(iii) 23/01665/FLL - Erection of a wind turbine (up to 2.3MW),
formation of access track, hardstanding and construction
compound, and associated works, Simon Howie Butchers,
Findony Farm, Dunning, Perth, PH2 9RA (Report No. 24/76) 
Mr C Young, objector on behalf of Dunning Community Council,
Dr G Gardner, objector, M S Howie, applicant and Mr R Collin
and Ms R Lyall, agent, addressed the Committee and answered
Members questions. 
Motion (Councillors I James and C Reid) 
Refuse, as the proposal is contrary to: 
(1)  NPF4 (2023) Policy 11(e)(ii): Energy, and Perth and
Kinross Local Development Plan 2 (2019) Policy 33A:
New Proposals for Renewable and Low-Carbon Energy,
due to significant adverse landscape and visual impact of
the proposal on Dunning and the wider area, beyond that
which is appropriate; and 
(2)  NPF 4 (2023) Policy 7(d): Historic Assets and Places,
and Perth and Kinross Local Development Plan 2 (2019)
Policy 28A: Conservation Areas New Development, as
due to the significant adverse landscape and visual
impact, the proposal does not preserve or enhance
Dunning Conservation Area. 
Amendment (Councillor R Watters and Bailie M Williamson) 
Grant, subject to the following terms, conditions and
informatives: 
Conditions
1. This planning permission will last only for three years
from the date of this decision notice, unless the
development has been lawfully started within that period.
Reason - This is a Planning Permission in terms of
Section 58 of the Town and Country Planning (Scotland)
Act 1997, as amended by Section 32 of the Planning
(Scotland) Act 2019.
2. 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. For the avoidance of doubt the wind turbine model hereby
approved is limited to that specified in the submission
(Enercon E70 E4 2.3MW machine with a 69m hub height
and a 70m rotor diameter) and which has informed all
supporting information and assessment by the Planning
Authority, particularly that related to noise, shadow flicker
and visual impact.  No other turbine shall be installed
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without a further grant of planning permission, the
assessment of which will review any changes in material
planning considerations. 
Reason - In the interests of ensuring that the impacts of
the development have been accurately assessed and that
planning conditions remain relevant to the development
implemented.
4. Development shall not commence until the developer has
secured the implementation of a programme of
archaeological work in accordance with a Written
Scheme of Archaeological Investigation (WSI) which has
been submitted by the developer and agreed in writing by
the Council as Planning Authority, in consultation with
Perth and Kinross Heritage Trust (PKHT).  Thereafter, the
developer shall ensure that the programme of
archaeological works is fully implemented including that
all excavation, preservation, recording, recovery,
analysis, publication and archiving of archaeological
resources within the development site is undertaken. 
Should the archaeological works, as required by the WSI,
identify a requirement for post-excavation analysis, the
development as approved shall not be occupied or
brought into use until a Post-Excavation Research Design
(PERD) has been submitted to and agreed in writing by
the Council as Planning Authority, in consultation with
PKHT.  The PERD shall be carried out in complete
accordance with the approved details.  Furthermore, the
developer shall afford access at all reasonable times to
PKHT or a nominated representative and shall allow them
to observe work in progress.
Reason - To ensure a programme of archaeological
works is carried out to safeguard and record any
archaeological remains within the development area.
5. Development shall not commence until a detailed
Construction Environmental Management Plan (CEMP)
and Pollution Prevention Plan (PPP) detailing
environmental mitigation measures and site-specific
construction method statements, has been submitted for
the further written agreement of the Council as Planning
Authority in consultation with Scottish Environment
Protection Agency (SEPA) as required.  Such details
shall be submitted not less than two months prior to the
agreed scheduled commencement date and shall
incorporate detailed pollution avoidance and mitigation
measures for all construction elements.  Thereafter the
development shall be fully undertaken in accordance with
the agreed CEMP.
Reason - In the interest of proper site management.
6. The wind turbine, buildings, areas of hardstanding and
tracks shall be constructed in the location shown on the
approved plans or as per the micro-siting allowances
granted by this condition.
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Unless otherwise approved in advance in writing by the
Planning Authority micro-siting is subject to the following
restrictions:
a. No wind turbine foundation shall be positioned
higher, when measured in metres Above
Ordnance Datum, than the position shown on the
approved plans;
b. No wind turbine, building, mast or hardstanding
shall be moved more than 10 m from the position
shown on the original approved plans;
No later than one month after the date of First
Commissioning, if required, an updated site plan must be
submitted to the Planning Authority showing the final
position of the wind turbine, and associated infrastructure
forming part of the development.  The plan should also
specify areas where micro-siting has taken place and, for
each instance, be accompanied by copies of the Planning
Authority's approval.
Reason - To minimise environmental impacts while taking
account of the need to site infrastructure according to
local ground conditions.
7. Prior to the commencement of development hereby
approved, a Soil Management Plan shall be submitted to
and agreed in writing by the Council as Planning
Authority.  The plan as approved shall be strictly adhered
to concurrent with the construction of the development.
Reason - In the interest of proper site management
8. Prior to the commencement of any development on site,
precise colour details of the turbine components, and
details of cabling routing (which shall be underground
where possible) shall be submitted for the further written
agreement of the Council as Planning Authority.  The
approved details shall be implemented in full and
thereafter retained for the duration of the development.
Reason - In the interests of visual amenity; to ensure a
satisfactory standard of local environmental quality.
9. The conclusions and recommended action points within
the supporting biodiversity survey submitted and hereby
approved (document 12 Heritage Environmental Limited
Simon Howie Butchers Wind Turbine: Ecological Impact
Assessment October 2023) shall be fully adhered to,
respected and undertaken as part of the construction and
operation phase of the development, to the satisfaction of
the Council as Planning Authority.  This includes
implementation of the proposed biodiversity
enhancements listed on page 39 and 40 of the EIA which
must be in place prior to the operation of the turbine.
Reason - In the interests of protecting environmental
quality and of biodiversity.
10. An updated ecological impact assessment will be
required prior to the commencement of works, if works
have not commenced within 24 months of the date of the
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ecological impact assessment survey approved as part of
this permission.  The updated survey shall be submitted
to the Council as Planning Authority for written agreement
and works shall not commence until after such written
agreement has been issued by the Council.
Reason - In the interests of employing best practice
ecology and to ensure there is no adverse impact on any
protected species as identified under the Wildlife and
Countryside Act (1981).
11. The annual results from the three-year post-construction
monitoring shall be reported to Biodiversity@pkc.gov.uk
by 31st October each year.
Reason - To ensure that the impact on biodiversity from
the development is monitored and recorded.
12. No structure or tower may be erected, unless and until
such time as the Local Planning Authority receive
confirmation from the Airport Operator in writing that: (a)
an IFP (Instrument Flight Procedure) Assessment has
demonstrated that an IFP Scheme is not required; or (b) if
an IFP Scheme is required such a scheme has been
approved by the Airport Operator; and (c) if an IFP
Scheme is required the Civil Aviation Authority has
evidenced its approval to the Airport Operator of the IFP
Scheme (if such approval is required); and (d) if an IFP
Scheme is required the scheme is accepted by NATS AIS
for implementation through the AIRAC Cycle (or any
successor publication) (where applicable) and is available
for use by aircraft.
Definitions:
"IFP Scheme" means a scheme to address the potential
impact of the turbines on the instrument flight procedures
of Edinburgh Airport.
"IFP Assessment" means a safeguarding assessment
against current and any possible future IFPs. This
assessment must be undertaken by a UK CAA Approved
Procedure Design Organisation (APDO).
Further information on IFP Safeguarding and a quote for
this assessment can be obtained by contacting
safeguarding@edinburghairport.com. 
Reason - In the interests of aviation safety.
13. Prior to commencing construction of any wind turbine
generators, or deploying any construction equipment or
temporal structure(s) 50 metres or more in height (above
ground level) the undertaker must submit an aviation
lighting scheme for the approval of the Perth & Kinross
Council in conjunction with the Ministry of Defence
defining how the development will be lit throughout its life
to maintain civil and military aviation safety requirements
as determined necessary for aviation safety by the
Ministry of Defence.  
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This should set out:
a) details of any construction equipment and
temporal structures with a total height of 50 metres
or greater (above ground level) that will be
deployed during the construction of wind turbine
generators and details of any aviation warning
lighting that they will be fitted with; and
b) the locations and heights of all wind turbine
generators and any anemometry mast featured in
the development identifying those that will be fitted
with aviation warning lighting identifying the
position of the lights on the wind turbine
generators; the type(s) of lights that will be fitted
and the performance specification(s) of the lighting
type(s) to be used.
Thereafter, the undertaker must exhibit such lights as
detailed in the approved aviation lighting scheme. The
lighting installed will remain operational for the lifetime of
the development.
Reason - In the interests of aviation safety.
14. The undertaker must notify the Ministry of Defence, at
least 14 days prior to the commencement of the works, in
writing of the following information:
a) the date of the commencement of the erection of
wind turbine generators;
b) the maximum height of any construction
equipment to be used in the erection of the wind
turbines;
c) the date any wind turbine generators are brought
into use;
d) the latitude and longitude and maximum heights of
each wind turbine generator, and any anemometer
mast(s).
The Ministry of Defence must be notified of any changes
to the information supplied in accordance with these
requirements and of the completion of the construction of
the development.
Reason - In the interests of aviation safety.
15. Prior to the commencement of the development hereby
approved, full visibility splays of 215 metres along the
channel line shall be provided to the left and right of the
access, at a set-back of 2.4 metres measured 1.05m
above the road level to the standard and specification
required by the Council as Roads Authority to the
satisfaction of the Planning Authority.  The visibility splays
shall be physically formed on the ground and any existing
fences, walls, hedges or other means of enclosure or
obstructions within the splays shall be removed and
relocated outwith the splays.  Once formed, the visibility
splays shall be permanently retained thereafter, and no
visual obstruction of any kind shall be permitted within the
visibility splays so formed.
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Reason - In the interests of road safety; to ensure an
acceptable standard of construction within the public road
boundary.
16. Prior to the commencement of the development hereby
approved, the applicant shall submit for the further written
agreement of the Council as Planning Authority, in
consultation with the Roads Authority (Structures), a
Construction Traffic Management Scheme (TMS) which
shall include the following: 
• restriction of construction traffic to approved routes
and the measures to be put in place to avoid other
routes being used; 
• timing of construction traffic to minimise impact on
local communities particularly at school start and
finishing times, on days when refuse collection is
undertaken, on Sundays and during local events; 
• arrangements to ensure that access for
emergency service vehicles are not impeded; and
• details of HGV movements to and from the site. 
The TMS as approved shall be strictly adhered to during
the entire site construction programme. 
Reason - In the interest of proper site management
17. For all properties without any financial involvement, noise
emanating from the turbine during nighttime (as defined
in ETSU-R-97 as 23:00 to 07:00 on all days) shall not
exceed LA90, 10 mins 35dB(A) or the ETSU-R-97
derived night hours noise limit of LA90, 10 mins +5 dB(A)
above background whichever is the greater. In the event
that audible tones are generated by the wind turbine, a
5dB(A) penalty for tonal noise shall be added to the
measured noise level.
Reason - In order to safeguard the residential amenity of
the area.
18. For all properties without any financial involvement, noise
emanating from the wind turbine at any other time than
defined in condition above shall not exceed an L A90, 10
min of 35 dB at noise sensitive properties at wind speeds
not exceeding 10m/s and measured at a height of 10m
above ground at the wind turbine site, or the ETSU-R-97
derived 'quiet waking hours noise limit of LA90, 10 mins
+5dB above background, whichever is greater.  In the
event that audible tones are generated by the wind
turbine, a 5dB (A) penalty for tonal noise shall be added
to the measured noise level.
Reason - In order to safeguard the residential amenity of
the area.
19. For all properties with any financial involvement, noise
emanating from the turbine during nighttime (as defined
in ETSU-R-97 as 23:00 to 07:00 on all days) shall not
exceed LA90, 10 mins 45dB(A) or the ETSU -R - 97
derived night hours noise limit of LA90, 10 mins +5 dB(A)
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above background whichever is the greater.  In the event
that audible tones are generated by the wind turbine, a
5dB(A) penalty for tonal noise shall be added to the
measured noise level.
Reason - In order to safeguard the residential amenity of
the area.
20. For all properties with any financial involvement, noise
emanating from the wind turbine at any other time than
defined in condition above shall not exceed an L A90, 10
min of 45 dB at noise sensitive properties at wind speeds
not exceeding 10m/s and measured at a height of 10m
above ground at the wind turbine site, or the ETSU-R-97
derived 'quiet waking hours noise limit of LA90, 10 mins
+5dB above background, whichever is greater. In the
event that audible tones are generated by the wind
turbine, a 5dB (A) penalty for tonal noise shall be added
to the measured noise levels.
Reason - In order to safeguard the residential amenity of
the area.
21. Mitigation measures in the form of Reduced Power mode
outputs as outlined in Section 8.8.2 of The Supporting
Statement Ref C5726-1426 Section 8 v2 dated 19
December 2023 which was undertaken by Greencat
Renewables shall be implemented in full for the life time
of the development.
Reason - In order to safeguard the residential amenity of
the area.
22. Prior to the development hereby approved being brought
into use, and electricity generated, the wind turbine
operator shall submit a list of proposed independent
consultants (who may undertake compliance
measurements in accordance with the above conditions)
for the written agreement of the Planning Authority. 
Amendments to the list of approved consultants shall be
made only with the prior written approval of the Planning
Authority.
Reason - In order to safeguard the residential amenity of
the area.
23. Prior to the operation of the turbine a shadow flicker
management plan shall be submitted to, and approved in
writing by, the Planning Authority.  Within the plan the
applicant shall identify the range of residential properties
that can be remotely monitored for a period of one year
from the commissioning, and subsequent operation, of
the turbine to study the effect that shadow flicker could
have on residential amenity.  The plan shall also include
mitigation measures to ensure that shadow flicker can be
mitigated to an acceptable level should justified
complaints be received following the operation of the
turbine and details of a practical procedure to remediate
any shadow flicker that are capable of being implemented
by the applicant in the event of a justified complaint being
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registered by the Planning Authority using mitigation
measures detailed in the shadow flicker management
plan. 
Reason - In order to safeguard the residential amenity of
the area.
24. The wind turbine operator shall continuously log power
production, wind speed and wind direction, all in
accordance with Guidance Note 1(d) of Institute of
Acoustics’ Good Practice Guide to the application of
ETSU-R-97 for the Assessment and Rating of Wind
Turbine Noise.  These data shall be retained for a period
of not less than 24 months.  The wind farm operator shall
provide this information in the format set out in Guidance
Note 1(e) to the local Planning Authority on its request,
within 14 days of receipt in writing of such a request.
Reason - In order to safeguard the residential amenity of
the area.
25. Within 21 days from receipt of a written request from the
Local Planning Authority following a complaint to it from
an occupant of a dwelling alleging noise disturbance at
that dwelling, the wind turbine operator shall, at its
expense, employ a consultant approved by the Local
Planning Authority to assess the level of noise emissions
from the wind turbine at the complainant's property in
accordance with the procedures described in the Institute
of Acoustics’ Good Practice Guide to the application of
ETSU-R-97 for the Assessment and Rating of Wind
Turbine Noise Guidance Notes.  The written request from
the local Planning Authority shall set out at least the date,
time and location that the complaint relates to and any
identified atmospheric conditions, including wind
direction, and include a statement as to whether, in the
opinion of the local Planning Authority, the noise giving
rise to the complaint contains or is likely to contain a tonal
component.
Reason - In order to safeguard the residential amenity of
the area.
26. Within six months of the wind turbine being
decommissioned the owner shall submit a scheme for the
removal of the turbine, all associated plant and
equipment and undertake restoration measures to
reinstate the site to its pre-development condition. 
Thereafter the scheme as subsequently approved in
writing by the Planning Authority shall be implemented in
complete accordance with the details as so agreed.
Reason - To ensure the turbine is removed from the site
at the end of its operational life, and to protect the visual
amenity of the area. 
Justification
The proposal is not in full accordance with the Development
Plan however there are material reasons which justify departing
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from the Development Plan.  There are significant benefits that
renewable energy generation will bring to the wider business
and its net zero ambitions, that accord with NPF4 Policy 11,
Energy, 33A Renewable and Low Carbon Energy: New
Proposals for renewable and low carbon energy.  These
considerations have been balanced against the wider impacts,
arising from the proposal due to the scale of the turbine and its
location in close proximity to the historic settlement of Dunning
and other visual receptors of note. 
On balance, the contribution of the proposal to the reduction of
carbon emissions and to the Scottish Government net zero
targets are considered to outweigh the adverse landscape and
visual impacts and the impact on the setting of historic assets.    
Informatives
1. Under Section 27A of the Town and Country Planning
(Scotland) Act 1997 (as amended) the person
undertaking the development is required to give the
Planning Authority prior written notification of the date on
which it is intended to commence the development.  A
failure to comply with this statutory requirement would
constitute a breach of planning control under Section
123(1) of that Act, which may result in enforcement action
being taken.  Please use the form attached herewith.
2. As soon as practicable after the development is
complete, the person who completes the development is
obliged by Section 27B of the Town and Country
Planning (Scotland) Act 1997 (as amended) to give the
Planning Authority written notice of that position.  Please
use the form attached herewith.
3. An application for Building Warrant may be required.
4. The developer is advised to contact Grace Woolmer-
White Historic Environment Officer (tel 01738 477056)
Perth and Kinross Heritage Trust, to discuss terms of
reference for works required and, if necessary, prepare
for them written Terms of Reference.
5. This application was varied prior to determination, in
accordance with the terms of Section 32A of the Town
and Country Planning (Scotland) Act 1997, as amended. 
The variations incorporate the submission of a Drainage
Impact Assessment. 
6. 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
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
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at developmentmanagement@pkc.gov.uk   Please be
aware that a fee is payable in respect of each request
made, though there is no limit to the number of conditions
that can be discharged in a single request.  The Fees
Charter is available on our website www.pkc.gov.uk.   
The Council has two months to consider the information. 
You should therefore submit the required information
more than two months before your permission expires. 
We cannot guarantee that submissions made within two
months of the expiry date of your permission will be able
to be dealt with before your permission lapses. 
In terms of Standing Order 21.5 a roll call vote was taken. 
2 members voted for the Motion as follows:
Councillors I James and C Reid. 
11 members voted for the Amendment as follows:
Councillors K Allan, B Brawn, D Cuthbert, K Harvey,
D Illingworth, B Leishman, I Massie, Bailie C McLaren,
G Stewart, R Watters and Bailie M Williamson. 
Resolved:
In accordance with the Amendment. 
(iv) 23/01876/FLL - Change of use of building to dwellinghouse
and associated works, land 15 metres south east of
Woodbine Cottage, Duncrievie, Glenfarg (Report No. 24/77) 
Resolved:
Grant, subject to the following terms, conditions and
informatives: 
Conditions
1. This planning permission will last only for three years
from the date of this decision notice, unless the
development has been lawfully started within that period.
Reason - This is a Planning Permission in terms of
Section 58 of the Town and Country Planning (Scotland)
Act 1997, as amended by Section 32 of the Planning
(Scotland) Act 2019.
2. 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, a 1:200 site plan which identifies the
Construction Exclusion Zone (CEZ) shall be submitted for
the written agreement of the Council as Planning
Authority.  This plan shall ensure all fencing adheres to
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BS 5837 2012: Trees in Relation to Design, Demolition
and Construction.  The CEZ as subsequently agreed
shall be strictly adhered to during construction of the
development.
Reason - To ensure a satisfactory standard of
development and environmental quality and to reserve
the rights of the Planning Authority.
4. Prior to the commencement of any works on site a
Method Statement for work within any of the Root
Protection Areas (RPAs) of the existing trees shall be
submitted for the agreement of the Planning Authority.
Work within the RPAs shall be undertaken in accordance
with the agreed Method Statement.
Reason - To ensure a satisfactory standard of
development and environmental quality and to reserve
the rights of the Planning Authority.
5. Development shall not commence on site until details of
foul and surface water drainage systems have been
submitted for the written agreement of the Council as
Planning Authority, in consultation with SEPA where
necessary.  The surface water drainage scheme shall be
developed in accordance with the technical guidance
contained in The SUDS Manual (C753) and the Council's
Flood Risk and Flood Risk Assessments Developer
Guidance, and shall incorporate source control. All works
shall be carried out in accordance with the agreed
scheme and be operational prior to the bringing into use
of the development.
Reason - To ensure the provision of effective drainage for
the site.
6.  The conclusions and recommended action points within
the supporting biodiversity survey submitted and hereby
approved (document 08 relates) shall be fully adhered to,
respected and undertaken as part of the construction
phase of development, to the satisfaction of the Council
as Planning Authority.
Reason - In the interests of employing best practice
ecology and to ensure there is no adverse impact on any
protected species as identified under the Wildlife and
Countryside Act (1981).
7. Measures to protect animals from being trapped in open
excavations and/or pipe and culverts shall be
implemented for the duration of the construction works of
the development hereby approved.  The measures may
include creation of sloping escape ramps for animals,
which may be achieved by edge profiling of
trenches/excavations or by using planks placed into them
at the end of each working day and open pipework
greater than 150 mm outside diameter being blanked off
at the end of each working day
Reason - In order to prevent animals from being trapped
within any open excavations.
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8. An updated bat survey will be required prior to the
commencement of works, if works have not commenced
within 24 months of the date of the bat survey approved
as part of this permission.  The updated survey shall be
submitted to the Council as Planning Authority for written
agreement and works shall not commence until after such
written agreement has been issued by the Council.
Reason - In the interests of employing best practice
ecology and to ensure there is no adverse impact on any
protected species as identified under the Wildlife and
Countryside Act (1981). 
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
The planning permission decision notice shall not be issued until
such time as the required Developer Contributions have been
secured or paid in full.  
In the event the applicant does not either make the required
payment within 28 days from the date the agent/applicant is
advised of the need for the contributions or complete a legal
agreement for delayed payment within a 4 month period from
the date the agent/applicant is advised of the need for the
contributions the application may be refused under delegated
powers without any further discussion with the applicant. 
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 ensure they familiarise themselves
with the legislative requirements under the Controlled
Activities Regulations.  More detail on this is provided in
section 2 of SEPA's Standing Advice document which is
online at sepa-triage-framework-and-standing-advice.pdf.
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5.  The applicant should be aware of the requirements of the
Council's Environment and Regulatory Services in
relation to waste collection from the site and should
ensure adequate measures are provided on site to allow
for the collection of waste.
6. This planning permission is granted subject to conditions,
some of which require further information to be submitted
to Development Management either before works can
start on site or at a certain time.  The required information
must be submitted via the ePlanning portal if your original
application was lodged that way, otherwise send it to us
at developmentmanagement@pkc.gov.uk.  Please be
aware that a fee is payable in respect of each request
made, though there is no limit to the number of conditions
that can be discharged in a single request.  The Fees
Charter is available on our website www.pkc.gov.uk. 
The Council has two months to consider the information. 
You should therefore submit the required information
more than two months before your permission expires. 
We cannot guarantee that submissions made within two
months of the expiry date of your permission will be able
to be dealt with before your permission lapses. 
6. PROPOSAL OF APPLICATION NOTICES (PAN) 
(i) 23/00020/PAN - Formation of a 49.9MW Battery Energy Storage
System (BESS) and ancillary infrastructure, land 256 metres south
west of Taigh An Struith, Tibbermore, Perth (Report No. 24/78) 
Councillor D Illingworth requested due consideration to the visual
impact of the battery storage containers, the use of agricultural land
and arrangements for the restoration of the land at the end of use of
the containers.   
Bailie M Williamson requested due consideration be given to a traffic
management plan and appropriate lighting. 
The contents of the Report by the Strategic Lead – Economy,
Development and Planning, were noted. 
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Page 43

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) 
3(ii)
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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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Page 45

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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Page 46

(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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Page 48

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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Page 50

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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Page 51

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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Page 52

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. 
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Page 53

Perth and Kinross Council
Economy, Development and Planning Committee – 8 May 2024
Report of Handling by Strategic Lead – Economy, Development and Planning
(Report No. 24/145)
PROPOSAL: Mixed use development comprising erection of 3 café/restaurant units
(Class 3) with drive thru facilities, business units (Class 4), electric vehicle
charging hub and formation of vehicular access, parking areas, landscaping
and associated works
LOCATION: Land 90 metres south of 5 Broxden Avenue (E2), Perth
Ref. No: 23/00504/FLM
Ward No: P10- Perth City South
Summary
This report recommends approval of the application, subject to conditional control and
subject to securing of transport contributions, via a S75 or other suitable mechanism. The
proposal is considered to be a departure from the development plan however there are
material considerations which justify this departure. In addition, as there is an objection
from SEPA the application, if approved, would require to be notified to Scottish Ministers.
BACKGROUND AND DESCRIPTION OF PROPOSAL
1. The site is located within the Broxden area in the south west of Perth on an
allocated employment site (E2) in the Perth & Kinross Local Development Plan 2.
The land itself is accessed from Broxden Avenue, which connects to the A93 a
short distance to the north. The site slopes down fairly consistently from south to
north. Broxden Avenue currently serves a number of existing transport related
services in the wider locale, including a hotel, restaurant, drive thru food and drink
outlet, petrol filling station, and a park and ride facility.
2. The application site is located approximately 200 metres east of the Broxden
Roundabout, a significant traffic junction that connects the M90(T), the A9(T), and
the A93. The site and its surroundings are an important strategic transport
intersection within Perth and Kinross providing excellent transport connections to all
major Scottish Cities. Accordingly, the character of the immediate surrounding area
is typical to that of an established transport services area adjacent to the trunk road
network.
3. To the north of the application site lies part of the existing Broxden Service Area,
with a hotel (Travelodge), restaurant (Harvester), and fast-food restaurant with drive
thru (McDonald’s). A short distance to the northeast lies a petrol filling station facility
(BP), with 10 pumps (including 2 for HGVs), a HGV parking and rest area and a
5(1)(i)
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kiosk building with ancillary convenience store (Londis) and food to go element
(Subway). Directly to the east is the Broxden park and ride area, which provides a
large amount of parking and bus stops, with regular services in Perth City Centre
and intercity services to other destinations across Scotland. 
4. A core path connects to the east, dividing the site from the park and ride. This
connects Broxden Avenue with the south side of the M90 via a bridge to the
southeast corner of the site. The M90 itself runs parallel to the southern boundary
as it approaches/leaves the Broxden Roundabout. There is an area of undeveloped
land to the west beyond which is the Broxden Roundabout. 
5. The proposed development will primarily involve the erection of three drive-thru
restaurant/coffee shop units and 1955 square meters (m2) of business units (Class
4). Due to level constraints, the site is generally split into two platforms, with a
retaining wall between. The internal road and footpath layout connects the two
levels. The three ‘drive-thru’ units are located on the lower platform to the
‘front’/north of the site and close to Broxden Avenue. The upper platform is located
to the south and contains the business units, indicated to be a ‘L’ shaped building. 
6. Both levels feature centrally positioned parking, as well as accessible and EV
charging spaces. The upper level also features a turning/parking facility for larger
vehicles. There is also pedestrian access routes between these levels and from
Broxden Avenue and onto the core path to the east. The proposals feature
extensive soft landscaping throughout, incorporating trees and bushes, and plant
species chosen to enhance biodiversity. 
Pre-Application Consultation 
7. Pre-application Reference: 21/00087/PREAPP. 
8. The proposed development is classed as a Major development in terms of the Town
and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009,
therefore the applicant was required to undertake formal pre-application
consultation with the local community. Proposal of Application Notice (PoAN)
submitted to Perth and Kinross Council on 24 May 2022 for a “proposed commercial
development including the erection of three café/restaurant units (Class 3) with
drive thru facilities, business units (Class 4), electric vehicle charging hub, with
parking, landscaping, new access and other associated works”. The PoAN
confirmed that in line with Scottish Government guidance, two public events would
be held. The first was publicised by an advert appearing in the Perthshire Advertiser
on 18 October 2022 and held at the Lovat Hotel, 90 Glasgow Road, Perth on 29
October 2022. It also advised of a dedicated website where plans would be shown
and contact details for the project team could be found. 
9. The second event was publicised in the Perthshire Advertiser on 21 February 2023.
The venue again the Lovat Hotel and held on 2 March 2023. This event provided
updated information on changes made since the first event, progress on the
application, and preparation of supporting and technical assessments. As the first
event experienced low turnout, the second event was also intended to provide an
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opportunity for local residents who had not attended the first event to gain
information on the proposals and provide feedback to the project team. 
10. A Pre-Application Consultation Report supports the application setting out the
consultation undertaken and is accordance with the statutory requirements. 
NATIONAL POLICY AND GUIDANCE 
11. The Scottish Government expresses its planning policies through The National
Planning Framework, the Scottish Planning Policy, Planning Advice Notes, Creating
Places, Designing Streets, National Roads Development Guide and a series of
Circulars.   
National Planning Framework 4 
12. The National Planning Framework 4 (NPF4) was approved by the Scottish
Parliament on 11 January 2023. NPF4 has an increased status over previous NPFs
and comprises part of the statutory development plan. 
13. The Council’s assessment of this application has considered the policies of NPF4
and it is considered that the development proposal accords with the intentions of
this document. The following policies are relevant to this application: 
• Policy 1: Tackling the Climate and Nature Crisis
• Policy 2: Climate Mitigation and Adaptation
• Policy 3: Biodiversity
• Policy 4: Natural Places
• Policy 13: Sustainable Transport
• Policy 14: Design, Quality and Place
• Policy 15: Local Living and 20 minute Neighbourhoods
• Policy 18: Infrastructure First
• Policy 21: Play, Recreation and Sport
• Policy 22: Flood Risk and Water Management
• Policy 26: Business and Industry
• Policy 27: City, Town, Local and Commercial Centres
• Policy 28: Retail 
Planning Advice Notes 
14. 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
• PAN 69 Planning and Building standards Advice on Flooding
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• PAN 75 Planning for Transport
• PAN 77 Designing Safer Places 
Creating Places 2013 
15. 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 
16. 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 
17. 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. 
DEVELOPMENT PLAN 
18. The Development Plan for the area comprises NPF4 (as mentioned above), and the
Perth and Kinross Local Development Plan 2 (2019). 
Perth and Kinross Local Development Plan 2 
19. 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. 
20. The principal relevant policies are, in summary: 
• Policy 1A: Placemaking
• Policy 1B: Placemaking
• Policy 2: Design Statements
• Policy 3: Perth City
• Policy 4: Perth City Transport and Active Travel
• Policy 5: Infrastructure Contributions
• Policy 7A: Employment and Mixed Uses: Business and Industrial
• Policy 13: Retail and Commercial Leisure Proposals
• Policy 14B: Open Space within New Developments
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• Policy 15: Public Access
• Policy 17: Residential Areas
• Policy 23: Delivery of Development Sites
• Policy 32: Embedding Low and Zero Carbon Technology
• Policy 39: Landscape
• Policy 40B: Trees, Woodland and Development
• Policy 41: Biodiversity
• Policy 42: Green Infrastructure 
• Policy 47: River Tay Catchment Area
• Policy 52: New Development and Flooding
• Policy 53A: Water Environment
• Policy 53B: Foul Drainage
• Policy 53C: Surface Water Drainage
• Policy 53E: Water Supply
• Policy 55: Nuisance from Artificial Light and Light Pollution
• Policy 56: Noise Pollution
• Policy 57: Air Quality
• Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals 
OTHER POLICIES 
Developer Contributions and Affordable Housing Supplementary Guidance
April 2020 
21. This document sets out the Council’s policies on Developer Contributions in relation
to Primary Education and Transport Infrastructure/A9 junction upgrades, as well as
setting out what Affordable Housing provision is required for new developments. 
SITE HISTORY 
22. 20/00856/FLL Full planning permission was approved on 22 October 2020 for Land
engineering operations (in part retrospect) 
23. 20/01148/FLL Full planning permission was approved on 18 October 2020 for the
formation of access road and associated works (in part retrospect) 
24. 21/01121/FLL Full planning permission was approved on 4 August 2021 for Land
engineering works (in part retrospect) 
25. 22/00015/PAN On 14 June 2022, a PAN was submitted for a mixed use
development comprising erection of 3 café/restaurant units (Class 3) with drive thru
facilities, business units (Class 4), electric vehicle charging hub and formation of
vehicular access, parking areas, landscaping and associated works (allocated site
E2). 
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26. 22/00956/SCRN On 15 June 2022, a Screening Opinion was issued confirming that
an EIA was not required for the erection of three café/restaurant units (Class 3) with
drive thru facilities, business units (Class 4), electric vehicle charging hub, with
parking, landscaping, new access, and other associated works
CONSULTATIONS
27. As part of the planning application process the following bodies were consulted:
External
Transport Scotland
28. No objection. 5 conditions are recommended relating to: construction traffic, a travel
plan, details of a barrier to the trunk road, and details of all lighting within the site.
This includes a condition to ensure that no drainage connections to the trunk road
will be permitted.
Scottish Environment Protection Agency (SEPA)
29. A holding objection has been submitted as the information associated with the
application is considered insufficient to allow SEPA to determine the potential
impact associated with flood risk. SEPA considering that any detailed Flood Risk
Assessment (FRA) must take account of the Council’s detailed ‘Craigie Burn study’.
Should the committee be minded to agree with the recommendation to approve the
application, it will require to be notified to Scottish Ministers due to the objection
from a statutory consultee.
NatureScot
30. No objection or formal comments. Direction to general advice given.
Scottish Water
31. No objection. Advise that this does not confirm that the proposed development can
currently be serviced. However, there is currently sufficient capacity in the Perth
Water Treatment Works and Perth City Waste Water Treatment Works to service
the proposed development. It is also suggested that the applicant completes a
Pre-Development Enquiry (PDE) Form.
32. It is further advised that Scottish Water records indicate that there is live
infrastructure in proximity and that the applicant must identify any potential conflicts
with Scottish Water assets.
Historic Environment Scotland
33. No objection to make on the application. Advice should be sought from Perth and
Kinross Heritage Trust.
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Perth and Kinross Heritage Trust
34. No objection with respect to archaeology and the planning process, as outlined by
NPF4, the proposed development does not raise any significant issues. No
archaeological mitigation is required in this instance.
Earn Community Council
35. Object on the following grounds:
• Increase in flood risk
• Increase in traffic flow and, therefore, congestion.
• Not in accordance with a “town centre first“ approach recommended by NPF4
policies.
• Adverse impact on air quality
• An unacceptable increase in the level of litter at this locality.
Internal
Developer Contributions
36. No objection. A financial contribution is required towards the cost of delivering
transport infrastructure improvements. Figures provided in the application form
indicate 1954 sqm of new Class 4 space and 698 sqm of new Class 3 space. Class
4 floorspace is assessed under the ‘Employment’ category at £14 per sqm. Class 3
floorspace is assessed under the ‘Other Non-Residential’ category at £48 per sqm.
Therefore, in this instance, the total of £66,860 in transport contributions is required.
Structures Team
37. No objection. There are no adoptable retaining walls exceeding 1.5m in height, or any
bridges / culverts exceeding 2m span.
Commercial Waste Team
38. No objection. Advise the proposed bin stores will be sufficient.
Environmental Health – Noise and Odour
39. No objection, subject to conditional control regarding plant equipment noise, external
lighting, and effective ventilation systems.
Environmental Health - Contaminated Land
40. No objection. A condition is recommended that a site evaluation is carried out to
check for any potential contamination.
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Flooding Team
41. No objection. The proposed development has a neutral impact on the existing flood
risk. The Council’s internal Structures and Flooding Team have also considered the
objection from SEPA with regard to flood risk and do not consider that the Council’s
own Craigie Burn Flood Study is relevant to this proposal.
Biodiversity Officer
42. No objection. Initial concerns have been addressed via subsequent information.
Conditions required regarding compliance with the submitted ‘biodiversity action plan’
and ‘ecological impact assessment’.
Community Greenspace
43. No objection. A condition and an informative are recommended regarding the local
core paths.
Development Plan Team
44. No objection. A condition is recommended regarding the timing/delivery of the Class
4 uses.
Transportation and Development
45. No objection. Conditions are recommended in relation to the proposed vehicle access
from Broxden Avenue and that a Traffic Management Scheme is submitted. An
informative is also required regarding an approved street lighting design.
Representations
46. 13 objections were received, summarised as:
• Contrary to LDP2 policies
• Increased flood risk to nearby receptors
• Road safety concerns
• Increase in traffic congestion
• Over-provision of car parking
• Contrary to NPF4
• Overdevelopment
• Potential ground contamination
• Impacts upon residential amenity
47. These issues are addressed in the Appraisal section below.
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ADDITIONAL STATEMENTS
48.
Screening Opinion  Says above a SO was issued?
Environmental Impact Assessment (EIA):
Environmental Report
Not Required
Appropriate Assessment under Habitats
Regulations
AA Not Required
Design Statement or Design and Access
Statement
DAS Submitted
Report on Impact or Potential Impact e.g.
Flood Risk Assessment
Submitted:
• Arboricultural Impact
Assessment
• Planning Supporting
Statement
• Air Quality Assessment
Report
• Socioeconomic Statement
and Statement of
Community Benefit
• Archaeological Assessment
• Ecological Constraints
• Transport Technical Note
• Low and Zero Carbon
Report
• Flood Risk Statement and
Drainage Assessment
• Biodiversity Action Plan
• Arboricultural Assessment
• Ecological Impact
Assessment
• Site Investigations
• Geo-environmental Study
• Landscape Planting and
Maintenance Proposals
• PAC Report 
APPRAISAL 
49. 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 and the Perth and Kinross
Local Development Plan 2019.  The relevant policy considerations are outlined in
the policy section above and are considered in more detail below.  In terms of
other material considerations, this involves considerations of the Council’s other
approved policies and supplementary guidance. 
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50. The determining issues in this case are whether; the proposal complies with
development plan policy; or if there are any other material considerations which
justify a departure from policy.
Principle
51. The site forms part of allocated site E2 in Local Development Plan 2019 (LDP2) for
core employment uses (Classes 4, 5 and 6) with the following site specific
requirements:
• Flood Risk Assessment and Drainage Impact Assessment required which will
define the open space which will be protected in perpetuity for flood risk
reasons.
• Flood Risk Assessment must demonstrate that development does not increase
the risk of flooding elsewhere particularly downstream on the Craigie Burn.
• Open space to also provide a green wedge into the city and links to the Green
Belt.
• Cycle paths, core paths and rights of way incorporated into Masterplan and
designed to improve active transport links to Perth.
• Enhancement of biodiversity and habitats
52. The site has also benefited from In Principle Planning Permission (12/01692/IPM)
as it formed part of a mixed-use approval for residential and commercial
development. The site in question formed part of Phase 1 ‘Employment Land’. A
Section 42 planning application to delete Condition 3(ii) of 12/01692/IPM was
approved at the June 2021 committee and relates to delivery of Phase 2
'Employment Land’. Consequently, a fresh decision notice was issued and included
conditions relevant to LDP2 site E2.
53. The E2 sites allocation currently allows for core employment uses, specifically
Classes 4 (Business), 5 (General Industrial) and 6 (Storage or Distribution). In
LDP2, core employment uses are defined in Policy 7A Employment and Mixed-Use
Areas: Business & Industrial, which sets out the retention of Classes 4, 5 & 6 with
only limited exceptions. The site is currently serviced for employment uses.
54. The proposed uses within the application are a combination of class 3 and business
units. The principle of the business uses is fully compliant with the LDP2 allocation
and the wider planning consent. However, the class 3 uses are not supported under
the exceptions provided for in criteria (d), (e) or (f) of LDP2 Policy 7A.
55. As LDP2 Policy 7A is a restrictive policy that retains land identified for core business
and industrial purposes (Classes 4, 5 and 6). The intention being to protect the
supply from alternative uses. The only three exceptions setting out where retail
uses, service facilities and waste management uses could be conditionally
supported. These are set out in criteria (d), (e) and (f).
• In terms of criterion (d): no retail uses are proposed, ancillary or otherwise.
Therefore, this criterion is not applicable;
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• Criterion (e) relates to service facilities and excludes retail and commercial
facilities over 100m2 and cumulatively no more than 15% of the allocated area.
However, such services should also only draw trade from the business and
industrial area rather than see a catchment beyond that. As such the criterion
is again not relevant; and
• The proposed uses are not waste management facilities, so criterion (f) is again
not applicable.
56. The proposed development is, therefore, not compliant with LDP2 Policy 7A and
thus requires justification as to why there is a material need for the Class 3 uses.
57. In this respect, although not compliant with the allocation in LDP2 or the related
Policy 7A, the proposed Class 3 ‘drive thru’ uses reflect other facilities/uses in the
wider Broxden Services area, which is a well-established transport
services/stopping area at an important interchange in the national road network,
focused close to the Broxden roundabout/interchange It is also worth noting that
there are no residential uses in proximity, and little impact on amenity/sensitive
receptors.
58. Turning to criteria (a)-(c) and (g) of Policy 7A, as stated there are no residential
properties or sensitive receptors nearby to be affected by the proposal. Indeed,
existing uses of a similar nature are closer to such sensitive receptors. The
Transport Assessment accompanying this application demonstrates that there is
sufficient capacity on the existing road network to accommodate the proposed
development and Transportation and Development colleagues nor Transport
Scotland raise objections. The Class 3 drive thru units, given the location at a major
transport interchange are anticipated to draw much of their business from trips
already on the road network – being servicing stops between two points. That is
not to say that there will be no locally generated traffic, but this is not seen to be
unacceptably significant. The Class 4 uses will also generate trips associated with
their employment and business function, but again it is considered that these can be
accommodated on the existing road infrastructure.
59. In relation to Policy 7A (g), there are no European designated sites of relevance to
the application site.
60. The National Planning Framework 4 contains Policy 27: City, Town, Local and
Commercial Centres. This states that LDPs should, ‘...also consider, and if
appropriate, identify any areas where drive-through facilities may be acceptable
where they would not negatively impact on the principles of local living or
sustainable travel.’ However, this new policy direction was not considered at the
time LDP2 was prepared and as such, no allocations are identified for
drive-throughs in that Plan. As such, the approach to drive-through proposals must
consider whether they are compatible with neighbouring land uses and have limited
impact upon local living and sustainable travel. Whilst also considering a
sequential, town centre first approach.
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61. The site has been designated for some form of Class 4 use in masterplans since
2001. There have also been numerous detailed applications to develop the site,
though Class 4 uses have never been proposed. This application represents the
first detailed planning application for business units at this location. Thus it is
considered clear that the length of time that has been available for a Class 4 use to
come forward (over 20 years) reflects the difficulty in attracting developers of only
the allocated “employment” uses (such as the 4ha allocated under site E2).  This
planning history is considered a material planning consideration. 
62. The inclusion of Class 3 uses is anticipated to see Class 4 suitable units delivered
and a condition can be applied to control their delivery. The split between Class 3
and 4 uses is relatively even. On a broader scale, the application site amounts for
approximately 1.1% of the total employment land supply in Perth & Kinross (based
on data from the 2022 Employment Land Audit), and the part of the site proposed
for the Class 3 drive thru units represents half of this (so approximately 0.55% of the
overall employment land supply). This is regarded to be a small amount of land in
this context, but also an alternative which will generate employment opportunities
and economic benefit as well as being well placed in terms of the catchment it
would serve – focused on road users travelling longer distances and not solely
driving to access the Class 3 uses. 
63. Though not the “employment” uses intended by the allocation, the Class 3 units
would have positive economic benefits. Taking each use in turn, the Class 4
element is indicated as likely to create c.42 jobs; with the Class 3 units c.88 jobs.
This indicates that the Class 3 elements make a more significant contribution than
the preferred Class 4 aspect of the application, which may not be realised if the
uses permitted continued to be limited to that in the LDP2 allocation. However, the
Class 4 units will create the intended employment opportunities as a result of the
physical space provided, whether that be for new businesses or existing businesses
to grow. The Class 3 uses will clearly complement the existing trunk road service
area of the wider Broxden area, creating other employment opportunities at what is
a key transport interchange in the national road network, which has limited
interaction with local roads or sensitive receptors. 
64. The proposal does accord with much of LDP2 Policy 7A, including that uses should
complement surrounding character, impacts on the road network should be capable
of being accommodated, there should be good active and public transport
connectivity, and there should be no impact on designated nature sites. It is
accepted that although the Class 3 elements do not accord with all criteria, they
would accord with wider strategic objectives and ambitions to foster and facilitate
employment and economic growth. Nonetheless, if any consent is granted, the
class 4 units should be conditioned to be delivered prior to, or alongside the class 3
elements. This will ensure that the opportunity to occupy those units is presented as
part of any development completed, as intended by Policy 7A. 
65. NPF4 Policy 27 City, Town, Local and Commercial Centres states: Development
proposals will be consistent with the town centre first approach. Proposals for uses
which will generate significant footfall, including commercial, leisure, offices,
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community, sport and cultural facilities, public buildings such as libraries, education
and healthcare facilities, and public spaces:
i. will be supported in existing city, town, and local centres, and
ii. will not be supported outwith those centres unless a town centre first
assessment demonstrates that:
• all centre and edge of centre options have been sequentially assessed
and discounted as unsuitable or unavailable;
• the scale of development cannot reasonably be altered or reduced in
scale to allow it to be accommodated in a centre; and
• the impacts on existing centres have been thoroughly assessed and there
will be no significant adverse effect on the vitality and viability of the
centres.’
66. At pre application stage, which pre-dated the adoption of NPF4, it was considered
that Class 3 drive through units may not need to be scoped in terms of the
sequential approach for town and city centres. However, on the adoption of NPF4
and particularly Policy 27, this view has changed. It is now considered that town
centre first principles and associated impacts require to be assessed. This is
particularly as drive through focused proposals can be reasonably altered to
restaurants and these should preferably be directed to existing centres. This is
particularly important when the city centre sees significant vacancies due to retail
contraction. Therefore, due to existing food and drink provision, this application and
23/00193/FLL could have a significant adverse effect on the vitality and viability of
the centres.
67. NPF4 Policy 27 further states that: Development proposals for non-retail uses will
not be supported if further provision of these services will undermine the character
and amenity of the area or the health and wellbeing of communities, particularly in
disadvantaged areas. These uses include:
i. Hot food takeaways, including permanently sited vans;
ii. Betting offices; and
ii High interest money lending premises.
68. As mentioned above drive-through developments are generally only supported by
NPF4 where they are specifically supported in the LDP. It is however explained
above why this is not the case. It is further noted that Class 3 drive-through uses
should not necessarily be seen to relate to ‘hot food’.
69. NPF4 also states that LDPs should, ‘…also consider, and if appropriate, identify any
areas where drive-through facilities may be acceptable where they would not
negatively impact on the principles of local living or sustainable travel.’ Given that
there are no sites identified for drive through facilities in the current Local
Development Plan, and this site is not considered to be within a suitable location for
food and drink development which may more traditionally be found in an existing
city or other identified centre, the proposed development may appear to be contrary
to NPF4 Policy 27. However, it would provide compatible facilities close to the
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national road network, and limit the need for significant diversions off that network
and for other linked trips to take place – such as for fuel, accommodation, rest, etc.
Employment opportunities would also be created in the western part of Perth, aiding
local living.
70. Nonetheless, if any consent is granted, the class 4 uses should be conditioned to be
delivered prior to, or alongside the class 3 uses. This will ensure some compatible
employment land uses are delivered.
71. Although some of the proposed uses are contrary to the employment area
designation, the proposals will generate employment opportunities, stimulate further
development in the area, and contribute to sustainable economic growth.
Furthermore, it would not fit with the principles of sustainable travel or local living for
the proposed service area facilities to instead be diverted to the City Centre,
resulting in a significant diversion from the national road network and Broxden
interchange. As such it is considered that the site is a suitable location for such
uses to be focused given their purpose and target market. It is also compatible with
the neighbouring area where there are already drive-throughs present (McDonald’s
and Costa Coffee).
72. Furthermore, the proposed uses are not intended to challenge or compete with
those in the City Centre, or likely to see significant trade diverted – reflective of the
target market and the previously mentioned nature of the location and its inherent
suitability for such uses compared to other potential locations. The proposed
development is considered to accord with NPF4 Policy 27, in that centre and edge
of centre options have been sequentially assessed and discounted as unsuitable or
unavailable; the scale of development cannot reasonably be altered or reduced in
scale to allow it to be accommodated in a centre, particularly given the intended
catchment and need for parking and internal access routes; and the impacts on
existing centres have been assessed and there will be no significant adverse effect
on the vitality and viability of existing centres, with the intended custom unlikely to
choose to travel off the road network (from Broxden) to those centres. The proposal
is thus regarded to accord with wider objectives of NPF4, given its emphasis on low
carbon technology, local job creation, sufficient detachment but proximity to
residential areas, accessibility by sustainable methods (including limited diversions
from long distance travel routes), and provision of business space. In respect of
criterion d) of Policy 27, it is acknowledged that the Perth & Kinross Local
Development Plan does not specifically support drive-thru uses in this location – or
anywhere else.
73. The aims of criterion d) in NPF4 Policy 27 is considered to seek to avoid uses which
would generate significant additional and potentially unnecessary vehicle trips, as
can be the perception for drive-through restaurants, such trip generation producing
unnecessary carbon emissions. However, in this instance, the location is clearly
associated to an existing services node directly next to existing national road
infrastructure. All of which is intended to serve those passing whilst on longer
trips, and therefore largely intercepting existing trips on the road network at a point
where minimal diversion would be required and linked visits to other nearby
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services could take place. It is estimated that approximately 40% of visits will be
from existing passing trade. 
74. Additionally, the development seeks to reduce its overall carbon liability with the
inclusion of 36 (2x 18) Electric Vehicle charging spaces which will encourage car
trips to the site to be by low carbon vehicles. 
75. The proposal will not result in the complete loss of the core employment land, with
approximately half of the site proposed to be used for Class 4 purposes. Whilst also
providing other employment opportunities via the Class 3 uses. Therefore, it is
considered that the slight deviation from LDP2 Policy 7A: Employment and Mixed
Uses: Business and Industrial is acceptable. 
76. Policy 26 Business and Industry of NPF4 is also applicable as the site is zoned for
core employment uses (Class 4, 5 and 6). This policy is not as restrictive as Policy 7
of LDP2, in that it states that other employment uses (not business/industry) will be
supported where they will not prejudice the primary function of the area and are
compatible with the business/industrial character of the area. It also supports the
development of business and industrial uses on sites identified for those uses in the
LDP. In this case the site is allocated within the adopted Perth and Kinross LDP as
‘E2 Broxden’ for employment uses (core), thereby establishing the principle of
locating core employment uses (Class 4, 5 and 6). Additionally, planning permission
in principle exists for the site and wider area with an overarching masterplan which
identifies the land containing the application site as an employment phase. 
77. The proposed development includes a building to accommodate Class 4 users. As
mentioned above the principle of this is considered acceptable in terms of the
Development Plan, this includes NPF4 Policy 26. 
78. In addition, the proposals include three Class 3 café/restaurant buildings with
associated drive-through facilities. Policy 26 of NPF4 allows for other employment
uses within these areas, providing they do not prejudice the primary employment
function of the allocation and are compatible with the business and industrial
character of the area. In this respect the proposed drive-throughs would not be
incompatible with the proposed class 4 use, nor the wider employment designation
for the area. However, the business / industrial character is not yet established. The
character is instead reflective of an existing mix of hotel and restaurant, drive
through, petrol station and park and ride facilities comprising the Broxden services
area. 
79. NPF4 contains specific policy advice on drive-through uses, highlighting that LDPs
should consider, and if appropriate, identify any areas where drive-through facilities
may be acceptable where they would not negatively impact on the principles of local
living or sustainable travel. Policy 27 states that Drive-through developments will
only be supported where they are specifically supported in the LDP. 
80. As a specific employment allocation, the primary LDP policy utilised to assess the
principle of development is Policy 7: Employment and Mixed-Use Areas. This
provides a list of criteria for all business and employment areas, in addition to those
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specifically identified as ‘core’ business and industrial land, as is the case for the
application site.
81. The proposed Class 4 building is entirely complaint with the criteria of LDP Policy
7A: Business and Industrial. It will establish a Class 4 use on a site designated for
this use, which can be accessed by numerous modes of transport, not just the
private car.
82. LDP2 Policy 7A contains provision for ancillary facilities to serve business and
industrial areas. The proposed drive-throughs are very much envisaged as ancillary
services to complement the primary function of the wider area and also the
emerging business uses intended by the allocation, in line with criteria (d) of the
policy.
83. Furthermore, both the drive-throughs are not excessively larger than the stipulation
in criteria (e) of LDP2 Policy 7A. However, when considered against the wider
allocation, the E2 allocation identifies an area of 4ha, with a further 4.5ha of
employment (core) uses allocated to Broxden, to the east of the E2 designation.
The area subject to the drive-through units equates to a small portion of this area
and well below the 15% threshold set out in LDP2 Policy 7A criteria (e).
84. It is an important consideration that the established character of the immediately
surrounding developed areas is that of a transport services area, rather than a core
employment area - with a hotel, restaurant, service station and park and ride facility
nearby. In addition, the Class 3 aspects only comprise a small part of the wider
zoned site and would not necessarily prejudice the delivery of core employment
uses, rather it could be seen to be facilitating their delivery. Also importantly, there
would be no obvious incompatibility with either allocated or existing uses in the
surroundings. Overall, it is considered that the proposed development is in
accordance with the relevant NPF4 policies and is a minor departure from LDP2,
specifically in terms of the Class 3 uses proposed.
Design and Layout
85. The proposed development will primarily involve the erection of three drive-thru
restaurant/coffee shop units on the site and 14 business units (Class 4). NPF4
Policy 14: Design, Quality and Place supports development that is consistent with
the six qualities of successful places ensuring they are: healthy; pleasant;
connected; distinctive; sustainable and adaptable. LDP2 Policy 1A further states
that development must contribute positively to the quality of the surrounding built
and natural environment and be planned and designed with due consideration to
climate change, mitigation and adaptation. Its siting and design should also respect
the character and amenity of the place and improve links beyond the site, with new
landscaping and planting incorporated.
86. Due to site level constraints, the site is generally split into two platforms, with a
retaining wall between. Both platforms feature sufficient parking for the uses on
each level, as well as accessible and EV charging bays. The upper level also
features a turning facility for larger vehicles that may access the business units. The
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internal road and footpath layout connects these two platforms. The three Class 3
drive-through units are the first to be reached on the access road (the lower
platform, to the north of the site and close to Broxden Avenue). The upper platform
is located to the south and contains the Class 4 business units.
87. One of the Class 3 units is identified as a 'Starbucks' and set over a single storey
with integrated roof totem. It has a modern 'branded' design and the layout includes
a drive-through lane, car parking, landscaping, and other ancillary features, such as
pre-menu board, outdoor seating and a utility yard. There is also a customer waiting
bay.
88. The unit and it's positioning has been designed to be visible from Broxden Avenue.
It would extend to c.188sqm, comprising internal seating areas, back of house
spaces, and bathrooms. A 26sqm external waste compound is not included in that
figure, this to the west elevation.
89. A second Class 3 unit is indicated as to be occupied by 'Burger King' and again a
single story 'branded design' with an integrated roof totem. The restaurant has a
floor area of 275sqm including internal seating, kitchen, and staff areas. A waste
area on the east side is c.18sqm.
90. The occupier of the third Class 3 unit (201sqm) is not advised, but has similar form
and facilities to the others. In addition, there is an external seating area and areas of
hard and soft landscaping. There is a connection to the wider proposed footpath,
which in turn links to the core path to the east.
91. The Class 4 units extent to a total of c.1,954sqm of floorspace, split into 14 units of
varying sizes. However, it would be open to being divided or amalgamated in a
number of ways depending on tenant requirements, providing units of a different
number and sizes to those indicated.
92. Each of the currently identified units see tall roller doors (4m x 3.5m) to facilitate
deliveries, with protective bollards on either side of the roller doors and a standard
pedestrian door. The building is of a height and size suitable to accommodate a
number of different Class 4 light industrial uses, or be flexible for other Class 4
operations.
93. The 36 proposed EV charging points across two hubs will be operated by SSE, and
provide superfast EV charging capabilities. Spaces and associated infrastructure
are staggered across both platforms.
94. The site sees a variety of soft and hard landscaping areas proposed, designed to
enhance natural biodiversity and the overall visual character of the site. Units are
orientated onto the internal street, promoting a sense of safety and surveillance.
95. The Planning Policy, Design and Access Statement submitted describes the design
development. Taking all this together it is considered that the proposal complies
with LDP 2 Policy 1A: Placemaking, Policy 2: Design Statements and NPF4 Policy
14: Design, Quality and Place.
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Visual Amenity 
96. In terms of visual amenity, the proposed development will result in a positive
character and appearance aligned with the allocation for employment purposes.
The current undeveloped condition has limited amenity value, and the proposal will
visually improve this and provide jobs and economic activity. The landscaping
scheme will also improve biodiversity from that existing. 
Noise and Odour 
97. The site is within a wider area characterised by a variety of existing and emerging
employment (Business and Transport Services) uses, the nearest dwellings are in
excess of 300m away. Due to the intervening land uses and distance the proposal
is not considered to detrimentally impact residential amenity. However, being within
Perths’ Air Quality Management Area (AQMA) the applicant has submitted an Air
Quality Assessment (AQA) and a Traffic Impact Assessment which consider the
potential impact of traffic associated with the development on the air quality at
existing residential receptors. The assessment concluded that that the impact of the
development is considered negligible for all the assessed pollutants. 
98. However, given the range of different plant equitment associated with the proposals,
a condition (Condition 17) has been included to control the risk of noise during the
construction phase. Two further conditions (Condition 18 and 19) have been
included to ensure that lighting and ventilation is controlled. 
Overall, the proposed development is considered appropriate to the evolving
character of the wider Broxden service area, and in accordance with NPF4 Policy
14: Design, Quality and Place and LDP2 Policy 1A: Placemaking. 
Roads and Access 
99. LDP2 Policy 15: Public Access states that development proposals that would have
an adverse impact upon the integrity of any (including proposed) core path, disused
railway line, asserted right of way or other well-used route and connectivity
proposals identified in the Regional Transport Strategy and Delivery Plan will not be
permitted. In this instance, a core path runs to the east of the site and is to be
retained as part of the proposals to facilitate internal and external pedestrian
connectivity. The proposed vehicular entrance off Broxden Avenue also provides
pavement connection to the wider pedestrian network, which will allow for walking
and wheeling access on a level surface. 
100. Access is from Broxden Avenue, which leads from a roundabout on the A93
(Glasgow Road) to the north. Broxden Avenue also serving the existing services
and Park & Ride facility.  The connection to Broxden Avenue would be a priority
junction. A condition has been included (Condition 8) requiring that a Construction
Traffic Management Scheme (CTMS) is submitted for approval prior to works
commencing. The Starbucks and Burger King units will utilise a shared, dedicated
service bay while the eastern drive thru will see a parking cul-de-sac for deliveries. 
However, a servicing hours/delivery service management plan setting how this
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facility will be operated to avoid any adverse impacts during normal operations is
required via condition (Condition 5). Overall, 138 vehicle parking spaces on the site,
of which 10 are suitable for disability access, and of which 36 are electric vehicle
charging bays. The National Roads Development Guide specifies 6% of spaces to
be suitable for disabled users and this standard is achieved.
101. Concerns raised by Perth & Kinross Council’s Public Transport Unit that Broxden
Park & Ride has no capacity and/or facility for non-timetabled coaches. On this The
National Roads Development Guide, stipulates that developments likely to generate
coach traffic, which this development is likely to, should provide appropriate
off-street parking facilities for the stopping, setting down and picking up of
passengers as well as appropriate turning facilities (avoiding the requirement for
coaches to reverse in or out of a site where possible, taking into consideration
pedestrian safety). As a result, the applicant has provided parking provision of 2
bays for coaches/HGV’s.
102. LDP2 Policy 60A: Existing Infrastructure, requires existing transport infrastructure is
retained/improved appropriately. The traffic impact associated with the proposed
development has been assessed within the submitted Transport Assessment. This
identifies traffic flow on relevant roads and was scoped with both Perth & Kinross
Council and Transport Scotland. The modelling results indicated that the relevant
junctions would operate with spare capacity on completion of the development.
103. LDP2 Policy 60B: New Development Proposals states that all development
proposals that involve significant travel generation should be well-served by, and
easily accessible to all modes of transport. In particular sustainable modes of
walking, cycling and public transport, prior to private car journeys. In these respects
the site is close to existing public transport facilities with bus stops, both on the
Glasgow Road and at the Park & Ride. A condition has also been included
(Condition 6) that the cycle parking and sheltered facilities be agreed and provided.
There are also 36 EV parking spaces proposed. Subject to conditions, the proposed
development is in accordance with LDP2 Policy 60B and NPF4 Policies 13 and 14.
Drainage and Flooding
104. LDP2 Policy 52: New Development and Flooding, states that the Council supports
the delivery of the actions and objectives to avoid an overall increase, reduce
overall, and manage flood risk as set out within the relevant SEPA Flood Risk
Management Strategies and the Local Flood Risk Management Plan. The submitted
Flood Risk Assessment, identifies that there is no known risk of surface water
flooding on the site during a 0.5% AP flood event, nor is there any history of flooding
on the site. There is also no increase in land use vulnerability as a result of the
proposed development. Furthermore, the site is not at risk from fluvial flooding due
to raised position from the nearest watercourse. The applicant resolved all issues
raises by PKC Floods Team, through the submission of the Flood Risk Statement
and Drainage Assessment. Although, whilst PKC’s flooding team are satisfied and
have no objection, to the proposed development, SEPA have advised of a holding
objection on the basis that the Council’s Craigie Burn Flood Study should be taken
into consideration in any assessment. However, the PKC flood team, who are
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preparing this study, do not consider that is relevant to the proposals, thus there is a
difference in technical opinion between the Local and National Flood Authorities. As
such, the Committee are minded to approve the application, a notification request
will require to be sent to Scottish Ministers. 
105. LDP2 Policy 53B: Foul Drainage states that foul drainage from all developments
within and close to settlements that have public sewerage systems will require
connection to the public sewer. The submitted Flood Risk and Drainage
Assessment shows the site connecting into the Scottish Water Surface Sewer.
Furthermore, Scottish Water have confirmed that there is foul water capacity at The
Perth City Waste Water Treatment Works 
106. LDP2 Policy 53C: Surface Water Drainage states that all new development will be
required to employ Sustainable Urban Drainage Systems (SUDS) measures
including relevant temporary arrangements at the construction phase. In this
instance, the primary concern is water run off impacting the Craigie Burn catchment
area. The surface water discharge line ties into the Perth Flood Protection Scheme
storage pond to the East importantly the proposed drainage infrastructure provided
an improved arrangement from that which is currently calculated for the site in its
undeveloped state. This by controlling site discharge to 2 year greenfield rates for
all return periods, up to and including 1 in 200 year plus climate change. This
design should provide a reduction in discharge from the site for most rainfall events,
as compared to the undeveloped discharge rate. Therefore, the proposed
development is in accordance with LDP2 Policies 52 and 53C and NPF4 Policy 22. 
Natural Heritage and Biodiversity 
107. LDP2 Policy 40: Forestry, Woodland, and Trees indicates that tree surveys,
undertaken by a suitably qualified professional, should accompany applications
where there are existing trees affected. There is also a presumption in favour of
protecting woodland resources. 
108. In this case there are trees at the eastern and northeastern boundaries, and some
will have to be removed during construction. However, the proposed landscape
scheme will replace these and provide compensatory planting throughout the site.
The proposed landscaping will also incorporate appropriate local species to provide
a high-quality landscape. The tree provision would see 69 heavy standard trees
across broadleaf tree species, and larch. The tree species offer a good choice of
street trees suitable in size for the site and future use. The main amenity tree
planting is positioned along the southern side of the main access, at the site
entrance, between the three units, and at the southern boundary. 
109. The trees are well distributed should provide some interest between the buildings.
Furthermore, it is noted that existing woodland at the north side of the site is being
retained, and trees are being added to extend tree cover along the site frontage.
The amenity shrub planting is mixed in nature, comprising both evergreen and
deciduous species. Ground cover is considered robust and extends over a
considerable area at the frontage. Large numbers of single species blocks should
result in extensive vegetated banking, which should require limited maintenance. 
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110. The proposed landscaping scheme will result in a significant area of trees and
green space provided on site, primarily along a central green finger by the retaining
wall, which expands into a landscape area on the upper level. This central
landscaped zone allows separation between the two uses (Class3/4). Given the
site’s current minimal biodiversity value, the proposed landscaping will also
enhance both the biodiversity and visual amenity of the site. 
111. LDP2 Policy 41: Biodiversity, seeks to protect and enhance all wildlife and wildlife
habitats, whether formally designated/protected or not taking into account the
ecosystems and natural processes of the area. The proposal is not regarded to
have any adverse impacts on biodiversity. 
112. In accordance with NPF4 Policy 3: Biodiversity, development proposals for national
or major development, will only be supported where it can be demonstrated that the
proposal will conserve, restore, and enhance biodiversity, including nature networks
so they are in a demonstrably better state than without intervention. This will include
future management, and best practice assessment methods should be used at all
times. 
113. In this regard the application is accompanied by a Phase 1 Ecological Constraints
Survey which identifies that there are no concerns with regards to protected
species. Also, the proposals would see a biodiversity enhancement from an existing
undeveloped brownfield site with limited value, the landscaping scheme including a
variety of different flora types and species. 
114. A Biodiversity Action Plan and Ecological Impact Assessment (including protected
species) have been submitted, and conditions (Conditions 12,13 and 14) are
included to ensure that the conclusions, and recommendations of appropriate
mitigation measures outlined in the reports are implemented in full. 
115. Other proposed measures include: creation of a raingarden, sedum based green
roofs and hedgehog homes as well as retaining areas of existing habitats and
enhancing connections to new planting. As wildlife kerbs is not proposed, which
contribute towards many actions in the Tayside Local Biodiversity Action Plan,
Conditions 15 and 16 are recommended. In light of the above, it is considered that
the proposals are in accordance with LDP2 Policy 41: Biodiversity and NPF4 Policy
3: Biodiversity. 
Developer Contributions 
116. The Council’s Transport Infrastructure Developer Contributions Supplementary
Guidance requires a financial contribution towards the cost of delivering the
transport infrastructure improvements which are required for the release of all
development sites in and around Perth. The site is located in the ‘Full’ Transport
Infrastructure contributions zone. Figures indicate 1,954 sqm of new Class 4 space
and 698 sqm of new Class 3 space. Class 4 floorspace is assessed under the
‘Employment’ category at £14 per sqm. Class 3 floorspace is assessed under the
‘Other Non-Residential’ category at £48 per sqm. Therefore, £66,860 in transport
contributions is required.
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117. It is preferred that payment of the contribution should be made front of release of
planning permission. If Section 75 agreement is entered into the full contribution
should be received 10 days prior to the occupation of the development, with legal
cost incurred by PKC covered by the applicant.
Economic Impact
118. The development will contribute to renewable and sustainable transport targets, thru
the provision of EV charging facilities. The proposed drive through facilities will
result in a positive economic impact for the surrounding area, with a number of part
and full time jobs being created.
VARIATION OF APPLICATION UNDER SECTION 32A
119. This application was varied prior to determination, in accordance with the terms of
section 32A of the Town and Country Planning (Scotland) Act 1997, as amended.
The variations incorporate changes to the site layout, parking provision and
drainage.
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS
120. It is anticipated that the contribution will be paid upfront rather than via Section 75
legal agreement. However, all alternative options should remain available.
DIRECTION BY SCOTTISH MINISTERS
121. 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
122. 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, but is a minor departure to
the adopted Local Development Plan 2 (2019), as the site is zoned for core
employment uses and not all of the uses proposed are within this definition.
However, in this case, the class 3 uses proposed are considered to complement the
existing character of the area and will ensure the delivery of the business element
without being of detriment to the wider Perth City. The departure is therefore
considered justified, and the application is therefore recommended for approval.
RECOMMENDATION
123. It is recommended that planning permission for the proposed development is
approved, subject to securing of required contributions and the following conditions.
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Conditions and Reasons for Recommendation 
General 
1. The proposed development must be carried out in accordance with the approved
drawings and documents, unless otherwise provided for by conditions imposed on
the planning consent. 
Reason - To ensure that the development is carried out in accordance with the
plans approved. 
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. The construction of all of the business units hereby approved (as shown on plans
36 and 49) shall be completed such that they are ready for use/occupation prior to
the occupation or bringing into use, whatever is the earlier, of the 3 class 3 cafe/
restaurants units as shown on plans 05, 10, 11, 12, 13 and 14. 
Reason - To secure the provision of the business units on this allocated
employment site. 
Access and Roads 
4. Prior to the development hereby approved being completed or brought into use, the
vehicular access shown on the approved drawings shall be implemented and
constructed in accordance with Perth & Kinross Council's Road Development
Guide, using the Construction Type B from the Construction Details for Access
Types, C, D and E. The Type B Road construction detail shall continue into the
entrance for a distance of at least 5 metres from the boundary of the public road
surface. 
Reason - In the interests of road safety; to ensure an acceptable standard of
construction within the public road boundary. 
5. Prior to the occupation of any unit, the applicant shall submit for the written approval
by the Council as Planning Authority, a Service Management Plan detailing the
plans for servicing and delivery operations, and timing, including arrangements for
the management of vehicular and pedestrian traffic during servicing and delivery. 
Thereafter, the agreed scheme shall be implemented for the life of the development. 
Reason - In the interests of pedestrian and traffic safety.
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6. Prior to the first occupation of any unit, a detailed design for a minimum of: 
a. 4 secure cycle parking bays for the Western Class 3 Plot 
b. 6 secure cycle parking bays for the Central Class 3 Plot
c. 4 secure cycle parking bays for the Eastern Class 3 Plot
d. 30 secure and covered cycle parking bays for the business units 
shall be submitted to and approved in writing by the Planning Authority in
consultation with the Roads Authority.  The cycle parking, as approved in writing,
shall be implemented in accordance with the approved details prior to the relevant
unit being brought into use. 
Reason - To encourage active travel and meet advice within Scottish Planning
Policy on transport. 
7. Prior to commencement of works, the street lighting design for adoptable areas
must be submitted for the further written agreement of the Council as Planning
Authority, in consultation with Perth & Kinross Council’s Street Lighting Partnership. 
The scheme shall include details of light spill, brightness of the lighting and the
proposed hours of operation.  The agreed lighting scheme shall be implemented
prior to the occupation of the first unit and maintained in full accordance with the
agreed scheme. 
Reason - In the interests of pedestrian and traffic safety. 
8. Prior to the commencement of the development hereby approved, the applicant
shall submit for the further written agreement of the Council as Planning Authority,
in consultation with the Roads Authority (Structures), a Construction Traffic
Management Scheme (TMS) which shall include the following: 
(a) restriction of construction traffic to approved routes and the measures to be put
in place to avoid other routes being used;
(b) timing of construction traffic to minimise impact on local communities
particularly at school start and finishing times, on days when refuse collection
is undertaken, on Sundays and during local events;
(c) a code of conduct for HGV drivers to allow for queuing traffic to pass;
(d) arrangements for liaison with the Roads Authority regarding winter
maintenance;
(e) emergency arrangements detailing communication and contingency
arrangements in the event of vehicle breakdown;
(f) arrangements for the cleaning of wheels and chassis of vehicles to prevent
material from construction sites associated with the development being
deposited on the road;
(g) arrangements for cleaning of roads affected by material deposited from
construction sites associated with the development;
(h) arrangements for signage at site accesses and crossovers and on roads to be
used by construction traffic in order to provide safe access for pedestrians,
cyclists and equestrians;
(i) details of information signs to inform other road users of construction traffic;
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(j) arrangements to ensure that access for emergency service vehicles are not
impeded;
(k) co-ordination with other significant developments known to use roads affected
by construction traffic;
(l) traffic arrangements in the immediate vicinity of temporary construction
compounds;
(m) the provision and installation of traffic counters at the applicant's expense at
locations to be agreed prior to the commencement of construction;
(n) monitoring, reporting and implementation arrangements; 
(o) arrangements for dealing with non-compliance;
(p) details of HGV movements to and from the site; and.
(q) details of sheeting for construction vehicles. 
The TMS as approved shall be strictly adhered to during the entire site construction
programme. 
Reason - In the interests of pedestrian and traffic safety. 
9. Prior to the commencement of development, the applicant shall submit to, for the
prior written approval of the Council as Planning Authority, a scheme supported by
survey work to demonstrate that the public drainage system ensures a positive flow
of water with no discharge onto the public road network.  Thereafter, the agreed
scheme shall be implemented in full to ensure no discharge onto the road network
at any time.  
Reason - In the interests of pedestrian and traffic safety. 
10. No part of the development shall be occupied until a Travel Plan (TP), aimed to
encourage more sustainable means of travel, has been submitted to and agreed in
writing by the Council in consultation with Transportation and Development.  The
TP will have particular regard to provision for walking, cycling and public transport
access to and within the site and will identify the measures to be provided, the
system of management, monitoring, review, reporting and the duration of the plan.
Thereafter, the agreed scheme shall be implemented in full for the life of the
development. 
Reason - To promote sustainable transport options and to meet advice within
Scottish Planning Policy on transport. 
11. Prior to the commencement of development details of a barrier along the boundary
of the trunk road to prevent access to the trunk road shall be submitted to and
agreed in writing by the Council as Planning Authority, in consultation with
Transport Scotland as the Trunk Road Authority.  The barrier as agreed shall be
completed prior to the use of the development and maintained by the developer or
subsequent owner of the land. 
Reason - To minimise interference with the safety and free flow of the traffic on the
trunk road; and to minimise the risk of pedestrians and animals gaining uncontrolled
access to the trunk road with the consequential risk of accidents.
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Biodiversity and Natural Environment 
12. The conclusions and recommended action points within the supporting biodiversity
survey submitted and hereby approved (document 41 relates) shall be fully adhered
to, respected and undertaken as part of the construction phase of development, to
the satisfaction of the Council as Planning Authority. 
Reason - In the interests of protecting environmental quality and of biodiversity. 
13. The findings and recommendations contained within the supporting ecological
impact assessment submitted and hereby approved remain valid for a period of 24
months.  If the approved planning permission is not implemented within 24 months
of the date of the survey, an updated survey is required. 
Reason - In the interests of protecting environmental quality and of biodiversity. 
14. Prior to the commencement of the development hereby approved, an updated
Biodiversity Action Plan including a map/plan indicating the locations of all proposed
measures proposed (bird boxes, hedgehog homes, bug hotels, hibernaculum piles,
green roofs, and raingardens, etc.) shall be submitted for the further written
agreement of the Council as Planning Authority.  Thereafter, the agreed scheme
shall be implemented and maintained in a reasonable condition for the life of the
development, to the satisfaction of the Council as Planning Authority. 
Reason - In the interests of employing best practice ecology and to ensure there is
no adverse impact on any protected species as identified under the Wildlife and
Countryside Act (1981). 
15. Prior to the completion or occupation of the development hereby approved,
whichever is the earlier, wildlife kerbs shall be installed adjacent to all road gullies
within 500metres of a SUDS pond or watercourse.  Thereafter, the kerbs shall be
retained in a reasonable condition for the life of the development, to the satisfaction
of the Council as Planning Authority. 
Reason - In the interests of protecting environmental quality and of biodiversity. 
16. Measures to protect animals from being trapped in open excavations and/or pipe
and culverts shall be implemented for the duration of the construction works of the
development hereby approved.  The measures may include creation of sloping
escape ramps for animals, which may be achieved by edge profiling of
trenches/excavations or by using planks placed into them at the end of each
working day and open pipework greater than 150 mm outside diameter being
blanked off at the end of each working day. 
Reason - In order to prevent animals from being trapped within any open
excavations. 
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Amenity / Noise and Odour 
17. All plant or equipment shall be so enclosed, attenuated and/or maintained such that
any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300
hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any
neighbouring residential property, with all windows slightly open, when measured
and/ or calculated and plotted on a rating curve chart. 
Reason - In order to safeguard the neighbouring residential amenity in the area. 
18. All external lighting shall be sufficiently screened and aligned so as to ensure that
there is no direct illumination of neighbouring land and that light spillage beyond the
boundaries of the site is minimised to a degree that it does not adversely affect the
amenity of the neighbouring land. 
Reason - In the interests of road safety; to prevent a possible danger to road users
by avoiding excessive glare or brightness. 
19. Prior to the development hereby approved being completed or brought into use,
effective ventilation systems commensurate with the nature and scale of cooking to
be undertaken shall be installed and operated such that cooking odours are not
exhausted into or escape into any neighbouring buildings.  Thereafter the system
shall be maintained. 
Reason - In order to safeguard the amenity of occupants of nearby premises and to
ensure the provision of a satisfactory ventilation system for the premises. 
Contamination 
20. Development shall not commence on site until an evaluation for the potential of the
site to be affected by contamination by a previous use has been undertaken and, as
a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been
submitted for consideration and accepted by the Council as Planning Authority.  If
the preliminary risk assessment identifies the need for further assessment, an
intrusive investigation shall be undertaken to identify: 
I. the nature, extent and type(s) of contamination on the site 
II. measures to treat/remove contamination to ensure the site is fit for the use
proposed 
III. measures to deal with contamination during construction works 
IV. condition of the site on completion of decontamination measures. 
Prior to the completion or bringing into use of any part of the development the
measures to decontaminate the site shall be fully implemented in accordance with
the scheme subsequently agreed by the Council as Planning Authority. 
Verification that the scheme has been fully implemented must also be submitted to
the Council as Planning Authority. 
Reason - In order to deal with any potential ground contamination.
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Flooding 
21. Storm water drainage from all paved surfaces, including the access, shall be
disposed of by means of suitable Sustainable Urban Drainage Systems to meet the
requirements of best management practices. 
Reason - To ensure the provision of effective drainage for the site. 
22. The measures identified in the Flood Risk Statement (document 48 relates) to
prevent flooding of the site, approved as part of this permission, shall be fully
implemented.  Verification that the scheme has been fully implemented must be
submitted to the Council as Planning Authority prior to completion or the bringing
into use of any part of the development, whichever is the earlier. 
Reason - In order to take account of the flood risk of the adjacent sites close to the
Glasgow Road (A93). 
23. Development shall not commence on site until a detailed sustainable urban
drainage system (SUDS) has been submitted for the written agreement of the
Council as Planning Authority, in consultation with SEPA where necessary.  The
scheme shall be developed in accordance with the technical guidance contained in
The SUDS Manual (C753) and the Council's Flood Risk and Flood Risk
Assessments Developer Guidance, and shall incorporate source control. All works
shall be carried out in accordance with the agreed scheme and be operational prior
to the bringing into use of the development. 
Reason - To ensure the provision of effective drainage for the site. 
Core Path 
24. The asserted right of way/core path which may be impacted by the development
(Core path CTYS/120, which then becomes EARN/117) must not be obstructed
during building works or on completion of the development.  Any damage done to
the route and/or the associated signage during building works must be made good
before the development is completed or brought into use, whichever is the earlier. 
Reason - To ensure continued public access to the public paths and in the interests
of public safety within the site. 
Justification 
The proposal is considered a minor departure from the Development Plan however
there are material reasons which justify departing from the Development Plan. 
Procedural Notes 
SEPA has submitted a holding objection to the proposed development, in relation to
flood risk. If the Planning & Placemaking Committee agree with the
recommendation to approve the application, then the application will have to be
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referred to the Scottish Ministers for authority to proceed. Thereafter, if agreed by
Scottish Ministers, the decision notice shall not be issued until such time that the
relevant transport infrastructure contributions have been secured. 
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. This development will require the 'Display of notice while development is carried
out', under Section 27C (1) of the Town and Country Planning Act 1997, as
amended, and Regulation 41 of the Development Management Procedure
(Scotland) Regulations 2013.  The form of the notice is set out in Schedule 7 of the
Regulations and a draft notice is included for your guidance.  According to
Regulation 41 the notice must be: 
•  Displayed in a prominent place at or in the vicinity of the site of the development
•  Readily visible to the public
•  Printed on durable material 
5. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act
1984 he/she/they must obtain from the Council, as Roads Authority, consent to
open an existing road or footway prior to the commencement of works.  Information
on junction types, requirements for Vehicular Access consents (VA1) and
application forms are available at www.pkc.gov.uk/vehicleaccess.  Advice on the
disposal of surface water should be sought at the initial stages of design from
Scottish Water and the Scottish Environment Protection Agency. 
6. 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 e-Planning portal if your original application was lodged that way,
otherwise send it to us at developmentmanagement@pkc.gov.uk.  Please be
aware that a fee is payable in respect of each request made, though there is no limit
to the number of conditions that can be discharged in a single request.  The Fees
Charter is available on our website www.pkc.gov.uk.  The Council has two months
to consider the information.  You should therefore submit the required information
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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. 
7. 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 this development. https://www.pkc.gov.uk/ldp2floodrisk. 
8. The applicant should be aware of the requirements of the Council's Environment
and Regulatory Services in relation to waste collection from the site and should
ensure adequate measures are provided on site to allow for the collection of waste. 
9. The applicant is advised that, in terms of Sections 109 of the New Roads and Street
Works Act 1991, he/she/they must obtain from the Council, to place, maintain or
adjust apparatus in, or under a Road or remove apparatus from a road. 
Application forms are available at
https://www.pkc.gov.uk/article/14916/Road-and-footway-permits 
10. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act
1984 they must obtain from the Council as Roads Authority consent to construct a
new road prior to the commencement of roadworks. 
11. The applicant should be advised to contact Perth & Kinross Council Street Lighting
Department to obtain technical approval for all street lighting provision. 
12. Please consult the Street Naming and Numbering Officer, The Environment
Service, Perth and Kinross Council, Pullar House, 35 Kinnoull Street, Perth PH1
5GD for a new postal address.  The form is downloadable from www.pkc.gov.uk
and should be returned to snn@pkc.gov.uk 
13. The applicant is advised that the granting of planning permission does not
guarantee a connection to Scottish Water's assets.  The applicant must make a
separate application to Scottish Water Planning & Development Services team for
permission to connect to the public wastewater system and/or water network and all
their requirements must be fully adhered to. 
14. The applicant is reminded that, should any protected species be present, a licence
may be required from NatureScot to disturb a protected species. Failure to obtain a
licence may constitute a criminal act under the Habitats Regulations and penalties
are severe for non-compliance. 
15. Trees and scrub are likely to contain nesting birds between 1st March and 31st
August inclusive. Trees and scrub are present on the application site and are to be
assumed to contain nesting birds between the above dates.  The applicant is
reminded that, under the Wildlife and Countryside Act 1981, as amended (section
1), it is an offence to remove, damage or destroy the nest of any wild bird while that
nest is in use or being built.  Planning permission for a development does not
provide a defence against prosecution under this Act. 
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16. The applicant can seek guidance on the detailed design and positioning of the cycle
storage from Transport Scotland's Cycling by Design 2021 or similar design guide. 
17. The applicant is advised that any proposed signage will require a further application
to be submitted for advertisement consent unless it benefits from express consent
as per the Town and Country Planning (Control of Advertisements) (Scotland)
Regulations 1984. 
18. Further information on the need for and level of provision of Changing Places Toilet
Facilities can be found in Section 41B of the Town and Country Planning (Scotland)
Act 1997, the Town and Country Planning (Changing Places Toilet Facilities)
(Scotland) Regulations 2020 and the associated Circular 1/2020: Changing Places
Toilets Regulations. 
19. The granting of planning permission does not stop the continued right of public
access along the existing core path.  An order under the Town and Country
Planning (Scotland) Act 1997, Section 208 or an amendment of the Core Path Plan
under the Land Reform (Scotland) Act 2003 should be sought in advance of any
works authorised by this planning permission being commenced.  All relevant
approvals should be in place prior to any stopping up and diversion of the core path
taking place. 
Background Papers:  13 letters of representation
Contact Officer: Alan Atkins
Date: 26 April 2024 
DAVID LITTLEJOHN
STRATEGIC LEAD – ECONOMY, DEVELOPMENT & PLANNING 
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5(1)(i)
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Ü
© Crown copyright [and database rights] 2024 OS
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Planning and Placemaking Committee - 8 May 2024
23/00504/FLM
Mixed use development comprising erection of 3 café/restaurant units (Class 3) with drive thru facilities,
business units (Class 4), electric vehicle charging hub and formation of vehicular access, parking areas,
landscaping and associated works on Land 90 metres South of 5 Broxden Avenue, Perth
Scale
1:5,000
5(1)(i)
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Perth and Kinross Council
Planning & Placemaking Committee – 8 May 2024
Report of Handling by Strategic Lead – Economy, Development & Planning
(Report No. 24/146)
PROPOSAL: Erection of office building (Class 4) and two cafe/restaurant units
(Class 3) with drive through facilities, car parking, landscaping and
associated works
LOCATION: Land 100 metres south west of 5 Broxden Avenue, Perth
Ref. No: 23/00193/FLL
Ward No: P10- Perth City South
Summary
This report recommends approval of the application as a minor departure from the
adopted development plan. It is considered that there is suitable justification for this minor
departure from the development plan.
BACKGROUND AND DESCRIPTION OF PROPOSAL
1. The site is located within the Broxden area to the southwest of Perth, immediately
adjacent to the Broxden Junction Services. Specifically, it lies to the immediate west
of a hotel (Travelodge), which forms part of the wider provision and mix of services
located off Broxden Avenue, including a restaurant (Harvester), a fast-food
restaurant (McDonalds), a Park & Ride facility, and a fuel station (BP) with
associated facilities. The site is allocated as an employment site (E2) within the
adopted Local Development Plan.
2. The site lies at an important strategic transport intersection on the western edge of
Perth providing excellent transport connections to all major Scottish cities.
Accordingly, the character of the immediate surrounding area is typical to that of an
established services area adjoining a trunk road network.
3. The site is essentially bound to the north by the A93/Glasgow Road, to the west by
Broxden Roundabout, to the south by the M90, with the existing services area to the
east with residential properties beyond. The site has been split to form two separate
but interlinked development sites. Plots 1 and 5 are located to the eastern portion
(0.48ha) and gained planning permission (Ref: 23/00192/FLL) in 2023 for a change
of use of vacant land to form EV charging hub and hydrogen refuelling station
including provision of amenity kiosk, charging apparatus and associated works. This
application relates to the remaining Plots: 2, 3 & 4 to the west (0.71ha).
5(2)(ii)
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4. The site occupies an elevated position close to Broxden Roundabout, the
intersection of the M90, A9 and A93. Existing mature trees/landscaping line the
western, southern and a portion of the northern boundaries, along an existing
embankment which rises relatively steeply from the A93 road. This provides a
substantial degree of screening of views from the existing road network. A gap in
the line of trees on the northern boundary does however provide glimpses from the
A93.
5. The proposed development comprises a new office building (Class 4) (Plot 2) and
two cafés / restaurants (Class 3) units with ‘drive through’ lanes (Plots 3 & 4). Each
would incorporate associated car parking provision, landscaping / open space and
ancillary engineering works.
6. Vehicular access will be taken via a new section of road forming a continuation of
Broxden Avenue, to a mini roundabout centrally within the wider site. This
roundabout having 5 arms to serve the 5 ‘Plots’. This new road would also include
an extension of the footpath network to each plot, allowing for pedestrian and cycle
access. All this connecting to a recently completed section of road to the east,
approved under Planning Permission Ref: 20/01148/FLL.
Pre-Application Consultation
7. Under the terms of the Town and Country Planning (Hierarchy of Developments)
(Scotland) Regulations 2009, the application is not considered to be a ‘major’
development and rather is classed as a local development. As such, there is no
statutory requirement to undertake formal pre-application consultation with the local
community prior to the submission of the application.
NATIONAL POLICY AND GUIDANCE
8. The Scottish Government expresses its planning policies through The National
Planning Framework, the Scottish Planning Policy, Planning Advice Notes, Creating
Places, Designing Streets, National Roads Development Guide and a series of
Circulars.
National Planning Framework 4
9. The National Planning Framework 4 (NPF4) was approved by the Scottish
Parliament on 11 January 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 policies of NPF4
and it is considered that the development proposal accords with the intentions of
this document. In this instance, the relevant policies are as follows:
• Policy 1: Tackling the Climate and Nature Crisis
• Policy 2: Climate Mitigation and Adaptation
• Policy 3: Biodiversity
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• Policy 4: Natural Places
• Policy 13: Sustainable Transport
• Policy 14: Design, Quality and Place.
• Policy 15: Local Living and 20 Minute Neighbourhoods.
• Policy 18: Infrastructure First
• Policy 21: Play, Recreation and Sport.
• Policy 22: Flood Risk and Water Management
• Policy 26: Business and Industry
• Policy 27: City, Town, Local and Commercial Centres
• Policy 28: Retail 
Planning Advice Notes 
11.  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
• PAN 69 Planning and Building standards Advice on Flooding
• PAN 75 Planning for Transport
• PAN 77 Designing Safer Places 
Creating Places 2013 
12.  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 
13.  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 
14.  This document supports Designing Streets and expands on its principles and is the
technical advice that should be followed in designing and approving of all streets
including parking provision.      
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DEVELOPMENT PLAN 
15.  The Development Plan for the area comprises NPF4 (as mentioned above), and the
Perth and Kinross Local Development Plan 2 (2019). 
Perth and Kinross Local Development Plan 2 
16.  The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the
area and states that, “Our vision is of a Perth and Kinross which is dynamic,
attractive and effective which protects its assets whilst welcoming population and
economic growth.” It is the most recent statement of Council policy and is
augmented by Supplementary Guidance. 
The principal relevant policies are, in summary: 
• Policy 1A: Placemaking
• Policy 1B: Placemaking
• Policy 2:  Design Statements
• Policy 3:  Perth City
• Policy 4:  Perth City Transport and Active Travel
• Policy 5:  Infrastructure Contributions
• Policy 7A: Employment and Mixed Used Areas: Business and Industrial
• Policy 13: Retail and Commercial Leisure Proposals
• Policy 14B: Open Space Within New Developments
• Policy 15:  Public Access
• Policy 17:  Residential Areas
• Policy 23:  Delivery of Development Sites
• Policy 32: Embedding Low and Zero Carbon Technology
• Policy 39: Landscape
• Policy 40B: Trees, Woodland, and Development
• Policy 41: Biodiversity
• Policy 42: Green Infrastructure
• Policy 47: River Tay Catchment Area
• Policy 52: New Development and Flooding
• Policy 53A: New Development and Flooding.
• Policy 53B: Foul Drainage
• Policy 53C: Water Environment and Drainage: Surface Water Drainage
• Policy 53E: Water Supply
• Policy 55: Nuisance from Artificial Light and Light Pollution
• Policy 57: Air Quality
• Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals 
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OTHER POLICIES
Developer Contributions and Affordable Housing Supplementary Guidance
April 2020
17. This document sets out the Council’s policies on Developer Contributions in relation
to Primary Education and Transport Infrastructure/A9 junction upgrades, as well as
setting out what Affordable Housing provision is required for new developments.
SITE HISTORY
• 11/00010/PAN On 12 October 2011 a Proposal of Application Notice (PAN) was
submitted for a mixed-use development comprising of residential, and employment
uses, landscaping and associated infrastructure.
• 12/01692/IPM Planning permission in principle was approved on 29 August 2013 for
a mid-use development incorporating housing, employment land (Class 4) new
vehicular access and pedestrian access, open space, landscaping and associated
infrastructure (in principle).
• 21/00197/IPM A further planning permission in principle was approved on 11 June
2021, via a S42 application to delete condition 3(ii) (provision of serviced business
land) of permission 12/01692/IPM.
• 23/00192/FLL granted on13.12.2023 for a change of use of vacant land to form EV
charging hub and hydrogen refuelling station including provision of amenity kiosk,
charging apparatus and associated works.
CONSULTATIONS
18. As part of the planning application process the following bodies were consulted:
External
SEPA
19. Object. A holding objection has been submitted as SEPA consider that the
information associated with the application is insufficient to allow SEPA to
determine the potential impact associated with flood risk. SEPA consider that any
detailed Flood Risk Assessment (FRA) submitted to support a development within
the Craigie Burn catchment must take account of (and be in step with) the Council’s
detailed Craigie Burn study. SEPA also note that the existing issues in the
catchment require to be resolved before any further development takes place.
Scottish Water (SW)
20. No objection. However, advise that the applicant should be aware that this does not
confirm that the proposed development can currently be serviced. Although SW
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advise that there is currently sufficient capacity in the Perth Water Treatment Works
to service the proposed development. It is also advised that the proposed
development will be serviced by Perth City Waste Water Treatment Works. SW
suggest that the applicant completes a Pre-Development Enquiry (PDE) Form.
21. It is also advised that SW records indicate that they have infrastructure in proximity
to the development and that the applicant must identify any potential conflicts with
Scottish Water assets.
Transport Scotland (TS)
22. No objection. TS do not anticipate that the proposed development will have a
detrimental trunk road safety impact. However, conditions relating to the Employer
Travel Pack, construction vehicles, a Travel Plan, drainage and lighting are
recommended.
Internal
Environmental Health (Noise Odour)
23. No objection. An air quality impact assessment, which considered traffic emissions
was submitted and accepted. A construction dust risk assessment should also be
undertaken, and any required mitigation measures should be included, controlled
via condition.
Contaminated Land
24. No objection. Advise that the proposed development is on land believed to contain
infilled ground of an unknown depth or nature. Therefore, consideration must be
given to the suitability of the site for the proposed development. A condition is
recommended that an evaluation for the potential of the site to be affected by
contamination by a previous use should be undertaken.
Transportation And Development
25. No objection. Following of further information regarding parking provision for
coaches and HGV’s. Conditions are recommended relating to the design and
delivery of the vehicle access onto Broxden Avenue, the submission of a Delivery
Management Plan, cycle parking provision and a Construction Traffic Management
Scheme. An informative regarding street lighting is also recommended.
Structures and Flooding Team
26. No Objection. Advise that there is no known risk of surface water flooding on the
site during a 0.5% AP flood event, nor is there a history of incidences of flooding on
the site. Furthermore, the site is not at risk from fluvial or coastal flooding due to its
location inland and levels being raised significantly from the nearest watercourse.
However, further information is required relating to the re-design of the attenuation
tanks, an update on the micro-drainage calculation (as per NPF4) an amended plan
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showing overland flow rates and that the measures identified in the Drainage
Assessment are undertaken. It is recommended that conditions are included to
cover these issues. The Council’s Structures and Flooding Team are aware of the
objection from SEPA and remain of the view that the development is acceptable in
flooding terms. 
Development Contributions Officer 
27. No objection. However, given that the site is located in the Transport Contributions
Zone, a contribution for both of the proposed Class 4 (£17,280) use and the
proposed Class 3 (£26,012) use is required.  This to be secured via a S75 legal
agreement or other suitable mechanism. 
Commercial Waste Team 
28. No objection. Recommends that there is a central storage area for waste collection
for each unit, to be covered by a condition. Informatives are also recommended
relating to the loading and storage areas of the development. 
Development Plan Team 
29. No objection. Considered that the proposals are contrary to LDP2 Policy 7 and
NFP4 Policies 22 and 27. Therefore, if this application is to be approved, a condition
is recommended regarding the phased delivery of the Class 3 and Class 4 units. 
Earn Community Council 
30. The Community Council have objected to the proposed development on the
following grounds 
• Resulting increase in flood risk.
• Increased traffic flow and, therefore, congestion.
• Proposals are not in accordance with a “town centre first” approach as
recommended by NPF4.
• Resulting adverse impact on air quality.
• Resulting unacceptable increase in the level of litter at this locality. 
REPRESENTATIONS 
31. Eight objections and fifteen submissions in support of the application were received.
The main issues raised within objections are: 
• Increase in flood risk for the surrounding area.
• Loss of open space.
• Over-development.
• Over provision of car parking.
• Adverse increase in traffic congestion. 
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These issues are addressed in the Appraisal section of the report.
32. The main points of support can be summarised as follows:
• Up to 100 new jobs for local people.
• Improved choice for local people and for motorists.
ADDITIONAL STATEMENTS
Screening Opinion EIA 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
Submitted
Report on Impact or Potential
Impact eg
Flood Risk Assessment
Submitted – Transport
Assessment, Drainage
Assessment, Air Quality
Assessment
APPRAISAL
33. 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 and the Perth and Kinross Local
Development Plan 2019. The relevant policy considerations are outlined in the
policy section above and are considered in more detail below. In terms of other
material considerations, this involves considerations of the Council’s other approved
policies and supplementary guidance.
34. In this instance, the determining issues are whether; the proposal complies with
development plan policy; or if there are any other material considerations which
justify a departure from policy.
Principle
35. The proposal is for an office building with 2,000 square metres of Class 4 office use,
and two café / restaurant (Class 3) units with 185 square metres of class 3 use and
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including drive through lanes. Each would see car parking, landscaping / open
space and ancillary works. 
36. The site forms part of allocated site E2 in Local Development Plan 2019 (LDP2) for
core employment uses (Classes 4, 5 and 6) with the following site-specific
requirements: 
• Flood Risk Assessment and Drainage Impact Assessment required which will
define the open space which will be protected in perpetuity for flood risk
reasons.
• Flood Risk Assessment must demonstrate that development does not increase
the risk of flooding elsewhere particularly downstream on the Craigie Burn.
• Open space to also provide a green wedge into the city and links to the Green
Belt.
• Cycle paths, core paths and rights of way incorporated into Masterplan and
designed to improve active transport links to Perth.
• Enhancement of biodiversity and habitats 
37. The E2 sites allocation currently allows for core employment uses, specifically
Classes 4 (business use), 5 (general industrial use) and 6 (storage or distribution).
In LDP2, core employment uses are defined in Policy 7A Employment and
Mixed-Use Areas: Business & Industrial, which sets out the retention of Classes 4, 5
& 6 with only limited exceptions. The site is currently serviced for employment uses. 
38. The proposed uses as part of this application are a combination of some class 3
units and an office block. The principle of the office block is fully compliant with the
site allocation. However, the class 3 units proposed would not be supported under
the exceptions provided for in criteria (d), (e) or (f) of LDP2 Policy 7A. Employment
and Mixed-Use Areas: Business & Industrial. 
39. LDP2 Policy 7A is a restrictive policy that retains land identified as core business
and industrial land for only Class 4, 5 and 6 uses. It seeks to protect the supply of
identified business and industrial land from being developed for alternative uses.
The policy makes provision for three exceptions where retail uses, service facilities
and waste management uses would be conditionally supported. These are set out
in criteria (d), (e) and (f). 
• In terms of criterion (d): no retail uses are proposed, nor ancillary to any other
acceptable existing use. Therefore, this criterion is not applicable;
• Criterion (e) is not applicable because it has thresholds limited to no more than
100 m2 of floor space and cumulatively no more than 15% of the allocated area;
and is conditional on serving the business and industrial area rather than
drawing outside trade. Again, this criterion is not considered applicable; and
• The proposed uses are not waste management facilities, so neither is criterion
(f) applicable. 
40. The class 3 elements of the proposed development is, therefore, not compliant with
these exceptions and would require considerable justification as to why there is a
material need for the uses proposed.
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41. As set out, the proposal is for Class 3 and 4 uses. Both of these elements are
compatible with the surrounding existing development with the established trunk
road related services offering to the east and site allocation in LDP2. There are no
residential uses adjacent or in influential proximity, and therefore there will be
limited impact on residential amenity.
42. With respect to the criteria (a)-(g) of Policy 7A, given the lack of residential property
or sensitive receptors nearby; the established character of the surroundings and the
designated use of the site sets a precedent and context for uses of the nature
proposed. The Transport Assessment demonstrates there is capacity on the
existing road network to accommodate the proposals. With the Class 3 drive thru
uses anticipated to primarily serve passing trade, with most trips already on the
road network. The Class 4 uses will clearly generate a majority of new and
associated vehicle journeys, but these can be accommodated on the network
without unacceptable impact.
43. The National Planning Framework 4 Policy 27 City, Town, Local and Commercial
Centres states that LDPs should, ‘...also consider, and if appropriate, identify any
areas where drive-through facilities may be acceptable where they would not
negatively impact on the principles of local living or sustainable travel.’ In this
context LDP2, which pre-dates NPF4, does not identify locations for drive throughs.
As such, drive throughs must be considered where they are compatible with
neighbouring land uses with limited impact upon local living and sustainable travel
also considering a sequential, town centre first approach.
44. The proposal is not for a retail use, and although a Class 3 drive through use could
be considered to be a ‘service’ facility, they will occupy more than the 15% of the
application site (if not the allocation) set out by criterion (e) and will draw trade not
associated to the allocated uses to the site. Neither is the proposal for a waste
management facility. Therefore, none of criteria (d), (e) or (f) are relevant to the
proposal. Furthermore, there are no European designated sites of relevance to or
would be influenced by the proposals criterion (g).
45. The site has been identified for Class 4 use through masterplans since 2001 and
subsequent applications to confirm this and and bring forward various elements of
the development through detailed applications, though the Class 4 uses have never
been delivered. This, and the other current application, represent the first detailed
planning applications for business use on the site. The length of time that the
principle of Class 4 use has been established without a detailed proposal coming
forward is considered to demonstrate that there has been difficulty in attracting
developers to deliver only “employment” uses (such as the 4ha allocated under site
E2). This is therefore a material consideration.
46. The mix of uses proposed would enable some Class 4 provision to potentially come
forward. The Class 3 drive through units and their associated infrastructure occupy
approximately 60% of the application site. On a broader scale, the application site
accounts for less than 1% of the total employment land supply in Perth & Kinross
(based on data from the 2022 Employment Land Audit). This is considered a minor
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amount of land in this context, and one which will still generate alternative
employment opportunities and economic benefit – associated to the site’s wider
context. 
47. Though the Class 3 drive through uses are not traditional “employment” uses, they
would generate both employment and economic benefit. The Class 3 units also
have the potential to make a significant contribution to both economic activity and
employment generation, which may not be realised if options were limited to the
allocated use classes. However, a Class 4 office block is proposed, which will not
only create jobs but will provide space for local businesses to grow and operate.
Likewise, the Class 3 uses will complement the existing trunk road service area at
what is a key transport interchange in the national road network. 
48. The proposal does accord with most provisions in Policy 7A, including that uses
should complement surrounding character, impacts on the road network should be
capable of being accommodated, there should be good active and public transport
connectivity, and there no unacceptable impact on designated nature sites. It is
regarded that though the proposed Class 3 use of part of the site does not accord
with all criteria in the Policy, it does accord with the policy goals and ambitions to
foster and facilitate employment and economic growth. Nonetheless, if any consent
is granted, the class 4 uses should be conditioned to be delivered prior to, or
alongside the class 3 uses. This will ensure the policy compatible employment use
is delivered. 
49.  NPF4 Policy 27 City, Town, Local and Commercial Centres states: Development
proposals will be consistent with the town centre first approach. Proposals for uses
which will generate significant footfall, including commercial, leisure, offices,
community, sport and cultural facilities, public buildings such as libraries, education
and healthcare facilities, and public spaces: 
i. will be supported in existing city, town, and local centres, and 
ii. will not be supported outwith those centres unless a town centre first
assessment demonstrates that: 
• all centre and edge of centre options have been sequentially assessed
and discounted as unsuitable or unavailable; 
• the scale of development cannot reasonably be altered or reduced in
scale to allow it to be accommodated in a centre; and 
• the impacts on existing centres have been thoroughly assessed and there
will be no significant adverse effect on the vitality and viability of the
centres.’ 
50. Prior to the submission of the application, it was considered that Class 3 drive
through units may not need to be scoped in terms of the sequential approach for
town and city centres. After reviewing NPF Policy 27 however, it is considered that
this aspect now requires to be assessed. As drive through proposals can be
reasonably altered to restaurant provision, restaurant uses should be directed to the
city centre which has significant vacancies due to retail contraction. Therefore, due
to existing food and drink provision, this application and neighbouring application
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23/00504/FLM could have a significant adverse effect on the vitality and viability of
established centres. 
51. NPF4 Policy 27 further states that: Development proposals for non-retail uses will
not be supported if further provision of these services will undermine the character
and amenity of the area or the health and wellbeing of communities, particularly in
disadvantaged areas. These uses include: 
i. Hot food takeaways, including permanently sited vans;
ii.  Betting offices; and
iii  High interest money lending premises. 
52. It is noted that a Class 3 drive-through use could have a number of different
occupiers and not just limited to hot food takeaways. 
53. Nonetheless, if any consent is granted, the class 4 uses should be conditioned to be
delivered prior to, or alongside the class 3 uses. This will ensure some compatible
employment land uses are delivered. 
54. Although some of the proposed uses are contrary to the employment area
designation, the proposed development will generate employment opportunities,
stimulate further development in the area, and contribute to sustainable economic
growth. Furthermore, Class 4 business units are proposed for the southeast portion
of the site. While Class 3 units are still proposed, these are intended to complement
the existing trunk road service area function of the surrounding area and are also
intended to serve the employment function of the remainder of the site. Class 3
uses are recognised as having an employment functionality in themselves, the units
do still accord with the criteria of the employment designation to provide jobs and
economic activity. The proposed Class 3 uses are intended to appeal and cater to
passing trade from the M90 and A9, with the drive through elements of these a key
part of the facilities. It would not be appropriate for drive thru facilities targeting trunk
road traffic to be in the City Centre or on its edge, and so this site is considered to
be a suitable location for such uses given their nature and business model. It is also
compatible with the neighbouring area where there are already drive-throughs
present (McDonald’s and Costa Coffee). 
55. Furthermore, the proposed uses are not intended to challenge or compete with
those in the City Centre. Given the nature of the location and its inherent suitability
for such uses compared to other potential locations. The proposed development is
thus considered to accord with NPF4 Policy 27. Overall, the proposal is regarded to
accord with NPF4, given its emphasis on low carbon technology, local job creation,
proximity to residential areas, accessibility by sustainable methods, and provision of
business space. In respect of criterion d) of Policy 27, it is acknowledged that the
Perth & Kinross Local Development Plan does not specifically support drive-through
uses in this location. 
56. The aims of criterion d) in NPF4 Policy 27 is regarded to relate to the perceived
car-dominant nature of drive-through uses, and that they attract new vehicle trips
that generate carbon emissions. However, in this instance, the site’s location is
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directly next to existing trunk road infrastructure and is intended to cater to those
passing this important transport node, and therefore largely intercepting existing
trips on the road network at a point where minimal diversion would be required and
linked visits to other nearby services could take place. It is estimated that
approximately 40% of visits to the site will be from existing passing trade. 
57. The proposal will not result in the complete loss land for designated employment
purposes, with approximately 1/3 proposed to be used for Class 4 purposes.
Therefore, it is considered that the slight deviation from LDP2 Policy 7A:
Employment and Mixed Uses: Business and Industrial is acceptable 
58. Policy 26 Business and Industry of NPF4 is also applicable as the site is zoned for
core employment uses (Class 4, 5 and 6). This policy is not as restrictive as Policy 7
of LDP2, in that it states that other employment uses (not business/industry) will be
supported where they will not prejudice the primary function of the area and are
compatible with the business/industrial character of the area. NPF4 Policy 26
supports the development of business and industrial uses on sites identified for
those uses in the LDP. The site is allocated within the adopted Perth and Kinross
LDP as ‘E2 Broxden’ for employment uses (core), thereby establishing the principle
of locating core employment uses (Class 4, 5 and 6). Additionally, planning
permission in principle exists for the site and wider area with an overarching
masterplan which identifies the land containing the application site as an
employment phase. 
59. The proposed development includes a bespoke new Class 4 office pavilion,
Comprising of approximately 1,858 sqm over 3 floors. As mentioned above the
principle of this proposed office building is considered acceptable in terms of the
Development Plan, this includes NPF Policy 26. 
60. In addition, the proposals include two Class 3 café and restaurant uses with
associated drive through facilities. The units are identical in size, each being of 180
sqm. Policy 26 of NPF4 allows for other employment uses within areas identified for
employment use, providing they do not prejudice the primary function of area and
are compatible with the business and industrial character of the area. In this respect
the proposed Café and restaurant uses would largely complement both the
proposed class 4 office facility, in addition to the wider employment designation for
the area. In terms of their compatibility with the business / industrial character of the
area, which, it should be noted, has yet to be established. The character of the area
is instead taken from the existing mix of hotel and restaurant, drive through, petrol
station and park and ride use associated with the established Broxden services
area. 
61. NPF4 contains specific policy advice on drive-through uses, highlighting that LDPs
should consider, and if appropriate, identify any areas where drive-through facilities
may be acceptable where they would not negatively impact on the principles of local
living or sustainable travel. Policy 27 states that Drive-through developments will
only be supported where they are specifically supported in the LDP. 
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62. As a specific employment allocation, the primary LDP policy utilised to assess the
principle of development is Policy 7: Employment and Mixed-Use Areas. This
provides a list of criteria for all business and employment areas, in addition to areas
specifically identified as ‘core’ business and industrial land, as is the case for the
application site. 
63. The proposed office development contained within Plot 2 is entirely complaint with
the criteria of LDP Policy 7A: Business and Industrial. It will establish a Class 4 use
on a site designated for this use, which can be accessed by both sustainable modes
of transport, as well as the private car. 
64. LDP2 Policy 7A contains provision for ancillary facilities to serve business and
industrial areas. The proposed café and restaurant with drive-through facilities,
occupying Plots 3 and 4, are very much envisaged as ancillary services to
complement the primary function of the core business area designation, in line with
criteria D of the policy. 
65. Furthermore, both the café and restaurant will have a total ground floor area of
approximately 180sqm. This is only a slight increase from the 100sqm stipulation in
criteria E of LDP2 Policy 7A. However, when considered against the wider
allocation, the E2 allocation identifies an area of 4ha, with a further 4.5ha of
employment (core) uses allocated to Broxden, to the east of the E2 designation.
The area of plots 3 and 4 combined equates to approximately 0.5ha, which only
constitutes around 7.5% of the identified core employment land at Broxden, thereby
falling well below the 15% threshold set out in LDP2 Policy 7A criteria E. 
66. The character of the Broxden site is a services area with the wider site, around the
zoned employment area, characterised by a range of uses including a hotel,
restaurant, service station and the park and ride facility. In addition, the proposal
comprises of 0.71 Ha of the wider 4 Ha zoned site and would not prejudice the
primary function of the area, whilst being compatible with both the zoned site and
the wider adjacent uses. Overall, the proposed development is in accordance with
the relevant NPF4 policies and is a minor departure from the policies of LDP2,
specifically in terms of the Class 3 uses. 
Design and Layout 
67. The proposed development will primarily involve the erection of an office building
(class 4) and two cafe/restaurant units (class 3) with drive through facilities, car
parking, landscaping. NPF4 Policy 14: Design, Quality and Place supports
development that is consistent with the six qualities of successful places ensuring
they are: healthy; pleasant; connected; distinctive; sustainable and adaptable. LDP2
Policy 1A: Placemaking states that development must contribute positively to the
quality of the surrounding built and natural environment and be planned and
designed with due consideration to climate change, mitigation and adoption. Its
siting and design should also respect the character and amenity of the place and
improve links beyond the site, with new landscaping and planting incorporated. 
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68. The proposed development is cited on a relatively prominent site, which is elevated
above a major transport interchange. It is well screened by existing trees and
vegetation which line the banks to the north, west and southern boundaries along
the A93 and M90.
69. The proposed office building consists of a simple rectangular block form, orientated
on a north south axis with glazed feature entrance on the eastern elevation and flat
cantilever roof design. The proposed materials feature natural stone base course,
smooth render and timber cladding. The building will also incorporate a green living
roof, to ensure sustainable biodiversity enhancement measures are built into the
design.
70. The proposed café and restaurant buildings have been designed to complement the
main office building. There will be single storey rectangular form units with
mono-pitched roofs, finished in timber and composite cladding, contrasting render
and a brickwork base course. Both drive throughs will also include stone feature
walls and benefit from large, glazed sections. In terms of scale and massing, the
proposed café and restaurant buildings will be subservient to the main office
building. The development will result in the re-use of a vacant site, creating
development which complements its surroundings. The development will be
accessed safely via sustainable modes of travel, connecting through from the
existing Broxden services and transport hub.
71. The site is well designed and utilises a variety of soft and hard landscaping areas.
The landscaping scheme is also designed to enhance natural biodiversity and the
overall visual character of the site. The layout and design of the proposed units are
orientated onto the internal street and will overlook the street and car parking areas,
thus promoting a sense of safety and surveillance.
72. A Planning Policy, Design and Access Statement has been submitted, which sets
out the site appraisal and context as well as describing the design development
concept and solution together with key principles. Therefore, the proposal complies
with LDP 2 Policy1A: Placemaking, Policy 2: Design Statements, NPF4 Policy 14:
Design, Quality and Place.
Visual and Residential Amenity
73. The site is within a wider area characterised by business uses, with the nearest
dwellings to the site being more than 300m away. Due to the intervening distance,
the proposal is not considered to detrimentally impact residential amenity. However,
the applicant has submitted an Air Quality Impact Assessment (AQIA) in support of
this application, given the site’s location directly to the west of the existing Broxden
hospitality, Park & Ride and roadside service units. The AQIA has assessed the
predicted air quality impacts and their significance for the construction and
operational stages of the developments. The risk of dust soiling is low for
earthworks and negligible for construction. The risk of potential human health
impacts is also low for earthworks and negligible for construction activities. In terms
of air quality, PKC Environmental Health (Noise and Odour) Team have not
submitted any objections to the proposed development. However, in order to
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mitigate any adverse effects on air quality during the construction phase, a condition
is included (Condition 5) that a Dust Management Plan is submitted for approval
prior to works commencing on site. 
74. In terms of visual amenity, the proposed development will enhance the character
and appearance of the application site. The site is currently undeveloped brownfield
land that is being marketed as a development opportunity. It has limited amenity
value, and the proposals will improve this visually. However, given the potential of
contamination because of the site’s previous use, Condition 17 has been included
to ensure that any contamination is identified and remediated against, prior to works
commencing on site. The development will also turn a currently vacant site into one
that provides jobs and economic activity. The provision of a landscaping scheme
will also improve ecological outcomes on a site which currently has very limited
biodiversity value. This will result in an overall improvement in the visual
appearance of the application site. 
75. The proposal is therefore considered to accord with the relevant policies of the
LDP2 and NPF4 where they relate to respecting residential amenity. 
Roads and Access 
76. LDP2 Policy 15: Public Access states that development proposals that would have
an adverse impact upon the integrity of any (including proposed) core path, disused
railway line, asserted right of way or other well-used route and connectivity
proposals identified in the Regional Transport Strategy and Delivery Plan will not be
permitted. In this instance, vehicular access to the site will be taken from Broxden
Avenue via a mini roundabout to the east. A new internal road will be created to
serve each of the 5 Plots (of which Plots 2, 3, and 4 relate to this application),
providing vehicular access and will extend the footpath network into the sites
allowing for pedestrian and cycle access. Plots 1, 2, 3 and 5 are all accessed via an
internal roundabout junction. Plot 4 is accessed via the priority junction with
Broxden Avenue.  Condition 6 has been included to cover the formation of the
vehicle access. A further condition (Condition 9) has been included to ensure that
full details of the street lighting design are submitted. 
77. LDP2 Policy 60A: Existing Infrastructure, states that the Plan identifies existing
transport infrastructure and encouragement will be given to the retention and
improvement of these facilities provided the improvements are compatible with
adjoining land uses. In this instance, the Transport Statement analysis has
concluded that the proposed development will not have a significant impact on the
operation of the Broxden roundabout. The applicant is proposing 76 vehicle parking
spaces on the site, including two disability bays at each plot. The National Roads
Development Guide specifies disability parking minimum standards of 3 bays or 6%
of total capacity. The provision of disabled bays meets the minimum requirements
of 6% of the total capacity.  Furthermore, Condition 11 has been included to ensure
that no water is drained onto the public roads. 
78. The Transport Statement provided by the applicant states that Plots 3 and Plot 4 will
each have 27 parking bays. In terms of the parking of non-servicing larger vehicles
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and coaches within the site, the applicant has shown the provision of parking bays
on the revised Site Plan, which is considered acceptable in terms of Roads
Guidance. A condition has also been included (Condition 7) that a servicing hours/
delivery service management plan is submitted. In order to ensure the correct and
appropriate management of the site, Condition 10 has been included. This requires
that a Construction Traffic Management Scheme is submitted for approval, prior to
works commencing on site.
79. LDP2 Policy 60B: New Development Proposals states that all development
proposals that involve significant travel generation should be well-served by, and
easily accessible to all modes of transport. In particular, sustainable modes of
walking, cycling and public transport should be considered, prior to private car
journeys. The location of the site is supported given the connectivity to public
transport, the road network, including the Broxden roundabout, and to the core path
network. In terms of cycling, the applicant shall provide secure, covered cycle
parking in accordance with the National Roads Development Guide. Therefore, a
condition (Condition 8) has been included, which states that the cycle parking and
position of sheltered facilities will be agreed at the detailed design phase.
80. A further condition (Condition 12) has been included to ensure that a Travel Plan is
submitted. In terms of pedestrian access, the applicant has demonstrated a
proposed pavement connection to the wider pavement network to allow for walking
and wheeling access to the site. In the interests of pedestrian safety, Condition 13
has been included, which will ensure that a safety barrier along the boundary of the
trunk road to prevent access to the trunk road, is installed. Overall, it is considered
that, subject to conditions, the proposed development is in accordance with LDP2
Policies 15, 60A, 60B and NPF4 Policies 13 and 14.
Drainage and Flooding
81. LDP2 Policy 52: New Development and Flooding, states that the Council supports
the delivery of the actions and objectives to avoid an overall increase, reduce
overall, and manage flood risk as set out within the relevant SEPA Flood Risk
Management Strategies and the Local Flood Risk Management Plans. In this
instance, there is no known risk of surface water flooding on the site during a 0.5%
AP flood event, nor is there a history of incidences of flooding on the site. There is
no increase in land use vulnerability with the proposed development. Finally, the
site is not at risk from fluvial or coastal flooding due to its location inland and raised
significantly from the nearest watercourse. The applicant has resolved all previously
raised issued by PKC Floods Team, through the submission of the Flood Risk
Statement and Drainage Assessment.
82. Whilst PKC’s internal structures and flooding team have no objection to the
proposed development, SEPA have placed a holding objection on the basis that the
Council’s Craigie Burn Flood Study should be taken into consideration through the
submitted information. However, the Council’s own flood team, who are preparing
this study, do not consider that particular study to be relevant to this proposal,
hence why there is no recommendation for refusal on grounds of flood risk. If the
Planning Committee are minded to agree with the recommendation to grant the
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proposal, a notification request will be required to be sent to Scottish Ministers due
to the SEPA holding objection.
83. LDP2 Policy 53B: Foul Drainage states that foul drainage from all developments
within and close to settlements that have public sewerage systems will require
connection to the public sewer. the proposed development will connect to existing
public sewer infrastructure to the east of the site, which is in place to support the
development. Foul flows will discharge via new gravity drains and disconnection
chambers to new foul sewers. The new foul sewers will tie into the existing foul
sewer network to the east of the site. Furthermore, Scottish Water have confirmed
that there is foul water capacity at The Perth City Waste Water Treatment Works.
84. LDP2 Policy 53C: Surface Water Drainage states that all new development will be
required to employ Sustainable Urban Drainage Systems (SUDS) measures
including relevant temporary measures at the construction phase. In terms of the
proposed development, the surface water discharge line ties into the Perth Flood
Protection Scheme storage pond to the East of the development. Surface water
run-off from the roof areas of each building will drain via a stone filter trench to new
attenuation tanks within each of the plots. The tanks will discharge at a restricted
rate via an outlet control manhole and disconnection chamber to new surface water
sewers. The new sewers will tie into the existing surface water sewer network to the
east of the site.
85. Surface water from the roads and parking areas within the development will shed to
porous paving, gullies or grass swales, which will flow to the filter trenches and to
the attenuation tanks within each plot. The tanks will discharge at a restricted rate
via an outlet control manhole and disconnection chamber to new surface water
sewers. The new sewers will tie into the existing surface water sewer network to the
east of the site.
86. There are concerns regarding water run off effecting the Craigie Burn catchment
area. The proposed drainage infrastructure for the development provides an
improved solution by enabling site discharge to 2-year greenfield rates for all return
periods, up to and including 1 in 200 year plus climate. This design should provide a
modest reduction in discharge from the site for most rainfall events.
87. However, further clarification is required regarding the blockage risk with such a low
discharge rate per attenuation tank. This being the case, and to ensure that the site
is properly drained, conditions 14 and 15 have been added to ensure that a detailed
SUDS scheme is submitted for approval prior to works commencing on –site.
Further drainage / floods issues have been addressed by the inclusion of Condition
16. Therefore, subject to conditions, the proposed development is in accordance
with LDP2 Policies 52 and 53C and NPF4 Policy 22.
Waste Collection
88. Given that there is no provision for waste in this planning application, it is
recommended that there is a central storage area for waste collection for each unit.
In light of this, Condition 4 has been included to ensure the provision of such an
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area for waste collection. Under the terms of the Waste (Scotland) Regulations
2012 and the 2014 amendment, businesses have a responsibility for the
segregation of materials such as glass, metal, plastics, paper, and cardboard for
recycling. It is, therefore, recommended that the proposed bin store is of sufficient
size to accommodate the following:
• 4 x 1100L general (1280 x 980 x 1370mm)
• 4 x 1100L recycling (1280 x 980 x 1370mm)
• 4 x 240L food (585 x 740 x 1070mm)
89. In order for vehicles to access the building to collect waste, a sufficient turning
space and hard standing at the collection point should be provided. This has been
covered by the inclusion of informatives 11 and 12.
Natural Heritage and Biodiversity
90. LDP2 Policy 40: Forestry, Woodland, and Trees states that tree surveys, undertaken
by a suitably qualified professional, should accompany all applications for planning
permission where there are existing trees on a site. There will be a presumption in
favour of protecting woodland resources. In this instance, it is considered that the
proposed non-residential uses within both applications would not present a
requirement for a substantial allocation of dedicated public open space over and
above the proposed landscaping scheme. Furthermore, none of the existing trees
are to be felled and a total of 20 new trees will be planted, along with three planting
beds incorporating a mix of species.
91. LDP2 Policy 41: Biodiversity states that the Council will seek to protect and
enhance all wildlife and wildlife habitats, whether formally designated/protected or
not taking into account the ecosystems and natural processes in the area. In this
instance, there are no designated / protected sites or habitats within the application
site. However, a detailed landscaping scheme has been submitted that includes the
planting of a wildflower meadow, which will enhance the overall biodiversity of the
site and encourage birds and bees for the surrounding area. The proposed
development is, therefore, in accordance with LDP2 Policies 40 and 41 and NPF4
Policies 1 and 2.
Developer Contributions
92. It is anticipated that the contribution will be paid upfront rather than via Section 75
legal agreement. The Council’s Transport Infrastructure Developer Contributions
Supplementary Guidance requires a financial contribution towards the cost of
delivering the transport infrastructure improvements which are required for the
release of all development sites in and around Perth. The site is located in the ‘Full’
Transport Infrastructure contributions zone. The additional costs to the applicants
and time for processing legal agreements for the proposed development is not
considered to be cost effective to either the Council or applicant. The contribution
may be secured by way of a Section 75 Agreement. The applicant is liable for the
Council’s legal expense in addition to their own legal agreement option and the
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process may take months to complete. If a Section 75 Agreement is entered into the
full contribution should be received 10 days prior to the occupation of the
development.
93. The application form indicates that 1858 sqm of Class 4 Use and 360 sqm of Class
3 Use is proposed. The contribution rates are set out at 6.20 of the Supplementary
Guidance. Class 4 Use is assessed under the ‘Employment’ category at £14 per
sqm, and Class 3 Use is assessed under the ‘Other Non-Residential’ category at
£48 per sqm. This being the case, the total applicable contribution for the Class 4
use is £26,012, and for the Class 3 Uses there is a total required contribution of
£17,280.
Economic Impact
94. It is anticipated that this equates to around 100 jobs and £6 million of investment,
which should have positive impacts on the local economy, as well as stimulating
further investment and delivery of the identified employment land at Broxden. There
will also be some benefits through the construction stage of the development.
VARIATION OF APPLICATION UNDER SECTION 32A
95. This application was varied prior to determination, in accordance with the terms of
section 32A of the Town and Country Planning (Scotland) Act 1997, as amended.
The variations incorporate changes to the site plan, parking provision and drainage.
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS
96. It is anticipated that the contribution will be paid upfront rather than via Section 75
legal agreement. If a Section 75 Agreement is entered into the full contribution
should be received 10 days prior to occupation.
DIRECTION BY SCOTTISH MINISTERS
97. 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
98. 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, but a minor departure to
the adopted Local Development Plan 2 (2019), as the site is zoned for core
employment uses and not all of the uses proposed are considered to be core
employment. However, in this case, the class 3 uses proposed are considered to
complement the existing character of the area and will ensure the delivery of the
office block without being of detriment to the wider Perth City. The application is
therefore recommended for approval.
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99. Accordingly, the proposal is recommended for approval subject to the following
conditions. 
RECOMMENDATION 
100. Approval, subject to the settlement of Developer Obligations and the following
conditions. 
Conditions and Reasons for Recommendation 
General 
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. The construction of the office block hereby approved (as shown on plan 08 and 09)
shall be completed prior to the occupation or bringing into use, whatever is the
earlier, of the 2 class 3 cafe/ restaurant units as shown on plans 06 and 07. 
Reason - To secure the provision of the office block on this allocated employment
site. 
4. Prior to works commencing on site, details of a central storage area for waste
collection for each unit shall be submitted to, and for the written approval of, Perth
and Kinross Council, as the Planning Authority.  Thereafter, the agreed scheme
shall be implemented prior to the bringing in to use of any unit hereby approved. 
Reason - To ensure sufficient waste collection for each unit. 
Amenity 
5. Prior to the commencement of development, a Construction Dust Management Plan
shall be submitted for approval of the Planning Authority and once approved shall
be adhered to throughout the construction stage.  The CDMP shall include
mitigation measures for the control of dust as outlined in Table 20 of the air quality
assessment ‘Proposed Mixed Development, land adjacent to Broxden Roundabout,
Perth – Fairhurst’ document reference R24.12052/1/JH dated 26 February 2024. 
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Reason - In the interests of air quality. 
Roads and Access 
6. Prior to the development hereby approved being completed or brought into use, the
vehicular access shown on the approved drawings shall be implemented and
constructed in accordance with Perth & Kinross Council's Road Development
Guide, using the Construction Type B from the Construction Details for Access
Types, C, D and E.  The Type B Road construction detail shall continue into the
entrance for a distance of 5 metres from the boundary of the public road surface. 
Reason - In the interests of road safety; to ensure an acceptable standard of
construction within the public road boundary. 
7. Prior to the first occupation of each element, the applicant shall provide, for
approval by the Council as Roads Authority, a Service Management Plan detailing
the plans for servicing and delivery operations, and timing, including arrangements
for the management of vehicular and pedestrian traffic during servicing and delivery. 
Thereafter, the approved plan shall be adhered to for the life of the development. 
Reason - In the interests of road safety. 
8. Prior to the first occupation of each element, a detailed design for a minimum of: 
a) Plot 2: 26 secure, covered bays. 
b) Plot 3: 8 secure cycle parking bays.
c) Plot 4: 8 secure cycle parking bays. 
shall be submitted to and approved in writing by the Planning Authority in
consultation with the Roads Authority.  The cycle parking, as approved in writing,
shall be implemented in accordance with the approved details to the satisfaction of
the Council as Planning Authority prior to the occupation of each element. 
Reason - To encourage active travel and meet advice within Scottish Planning
Policy on transport. 
9. Prior to commencement of works, the street lighting design for adoptable areas
must be submitted for the further written agreement of the Council as Planning
Authority, in consultation with Perth & Kinross Council’s Street Lighting Partnership. 
The scheme shall include details of light spill, brightness of the lighting and the
proposed hours of operation.  The agreed lighting scheme shall be implemented
prior to the occupation of the first unit and maintained in full accordance with the
agreed scheme. 
Reason - In the interests of road safety. 
10.  Prior to the commencement of the development hereby approved, the applicant
shall submit for the further written agreement of the Council as Planning Authority,
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in consultation with the Roads Authority (Structures), a Construction Traffic
Management Scheme (TMS) which shall include the following: 
a) restriction of construction traffic to approved routes and the measures to be
put in place to avoid other routes being used;
b) timing of construction traffic to minimise impact on local communities
particularly at school start and finishing times, on days when refuse collection
is undertaken, on Sundays and during local events;
c) a code of conduct for HGV drivers to allow for queuing traffic to pass;
d) arrangements for liaison with the Roads Authority regarding winter
maintenance;
e) emergency arrangements detailing communication and contingency
arrangements in the event of vehicle breakdown;
f) arrangements for the cleaning of wheels and chassis of vehicles to prevent
material from construction sites associated with the development being
deposited on the road;
g) arrangements for cleaning of roads affected by material deposited from
construction sites associated with the development;
h) arrangements for signage at site accesses and crossovers and on roads to
be used by construction traffic in order to provide safe access for
pedestrians, cyclists and equestrians;
i) details of information signs to inform other road users of construction traffic;
j) arrangements to ensure that access for emergency service vehicles are not
impeded;
k) co-ordination with other significant developments known to use roads
affected by construction traffic;
l) traffic arrangements in the immediate vicinity of temporary construction
compounds;
m) the provision and installation of traffic counters at the applicant's expense at
locations to be agreed prior to the commencement of construction;
n) monitoring, reporting and implementation arrangements; 
o) arrangements for dealing with non-compliance; and
p) details of HGV movements to and from the site.   
The TMS, as approved, shall be strictly adhered to during the entire site
construction programme. 
Reason - In the interest of proper site management. 
11. Prior to the commencement of development, the applicant shall submit survey work
to demonstrate that the drainage system ensures a positive flow of water with no
discharge onto the public road network.  Thereafter, the agreed scheme shall be
implemented in full to ensure no discharge onto the road network at any time. 
Reason - In the interests of pedestrian and traffic safety. 
12. No part of the development shall be occupied until a Travel Plan (TP), aimed to
encourage more sustainable means of travel, has been submitted to and agreed in
writing by the Council in consultation with Transportation and Development.  The
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TP will have particular regard to provision for walking, cycling and public transport
access to and within the site and will identify the measures to be provided, the
system of management, monitoring, review, reporting and the duration of the plan. 
Thereafter, the agreed scheme shall be implemented in full for the life of the
development. 
Reason - To promote sustainable transport options and to meet advice within
Scottish Planning Policy on transport. 
13. Prior to the commencement of development details of a barrier along the boundary
of the trunk road to prevent access to the trunk road shall be submitted to and
agreed in writing by the Council as Planning Authority, in consultation with
Transport Scotland as the Trunk Road Authority.  The barrier, as agreed, shall be
completed prior to the use of the development and maintained by the developer or
subsequent owner of the land. 
Reason - To minimise interference with the safety and free flow of the traffic on the
trunk road; and to minimise the risk of pedestrians and animals gaining uncontrolled
access to the trunk road with the consequential risk of accidents. 
Floods / Drainage 
14. Development shall not commence on site until a detailed sustainable urban
drainage system (SUDS) has been submitted for the further written agreement of
the Council as Planning Authority, in consultation with SEPA where necessary. 
The scheme shall be developed in accordance with the technical guidance
contained in the SUDS Manual (C753) and the Council’s Flood Risk and Flood Risk
Assessments Developer Guidance and shall incorporate source control.  All works
shall be carried out in accordance with the agreed scheme and be operational prior
to the bringing into use of the development. 
Reason - In the interests of best practice surface water management; to avoid
undue risks to public safety and flood risk. 
15. Storm water drainage from all paved surfaces, including the access, shall be
disposed of by means of suitable Sustainable Urban Drainage Systems to meet the
requirements of best management practices. 
Reason - To ensure the provision of effective drainage for the site. 
16. The measures identified in the revised Drainage Assessment (document 20 hereby
approved) to prevent flooding of the site, approved as part of this permission, shall
be fully implemented.  Verification that the scheme has been fully implemented
must be submitted to the Council as Planning Authority prior to completion or the
bringing into use of any part of the development, whichever is the earlier. 
Reason - In order to take account of the flood risk of the adjacent sites close to the
Glasgow Road (A93). 
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Contaminated Land 
17. Prior to the commencement of works on site, an evaluation for the potential of the
site to be affected by contamination by a previous use should be undertaken and as
a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) will be submitted
for consideration by the Council as Planning Authority.  If after the preliminary risk
assessment identifies the need for further assessment, an intrusive investigation
should be undertaken to identify: 
I. the nature, extent and type(s) of contamination on the site 
II. measures to treat/remove contamination to ensure the site is fit for the use
proposed 
III. measures to deal with contamination during construction works 
IV. condition of the site on completion of decontamination measures. 
Prior to the completion or bringing into use of any part of the development the
agreed measures to decontaminate the site shall be fully implemented as approved
by the Council as Planning Authority.  Validation that the scheme has been fully
implemented must also be submitted to the Council as Planning Authority. 
Reason - In order to deal with any potential ground contamination. 
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 
SEPA has submitted a holding objection to the proposed development, in relation to
flood risk.  However, it is recommended to approve this application contrary to
SEPA’s objection, and it is acknowledged that, if granted at Planning &
Placemaking Committee, the application will have to be referred to the Scottish
Ministers. 
Informatives 
1. The planning permission decision notice shall not be issued until such time as the
required Developer Contributions have been secured or paid in full. 
2. 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. 
3. 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. 
4. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act
1984 he/she/they must obtain from the Council, as Roads Authority, consent to
open an existing road or footway prior to the commencement of works. Information
on junction types, requirements for Vehicular Access consents (VA1) and
application forms are available at www.pkc.gov.uk/vehicleaccess.  Advice on the
disposal of surface water should be sought at the initial stages of design from
Scottish Water and the Scottish Environment Protection Agency. 
5. The applicant should be advised that in terms of Section 21 of the Roads (Scotland)
Act 1984 they must obtain from the Council as Roads Authority consent to construct
a new road prior to the commencement of roadworks.  Advice on the disposal of
surface water must be sought at the initial stages of design from Scottish Water and
the Scottish Environment Protection Agency.  Please note that a fee is chargeable
for the processing of RCC applications. 
6. If the applicant is successful in gaining planning consent, they must apply for a
Vehicle Access Consent before starting works on its formation.  More information
on the process can be found on the following website:
https://www.pkc.gov.uk/vehicleaccess.  Please note, that as planning permission
has been applied for, currently no fee is required for the Vehicle Access Consent
(VA1 form), please include the planning application number on your VA application
form. 
7. The applicant is advised that, in terms of Sections 56 of the Roads (Scotland) Act
1984, he/she/they must obtain from the Council, as Roads Authority, consent to
open an existing road or footway prior to the commencement of works.  Information
on junction types, requirements for Vehicular Access consents (VA1) and
application forms are available at www.pkc.gov.uk/vehicleaccess.  Advice on the
disposal of surface water should be sought at the initial stages of design from
Scottish Water and the Scottish Environment Protection Agency. 
8. Guidance on the detailed design and positioning of the cycle storage can be sought
from Transport Scotland's Cycling by Design 2021. 
9. 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 e-Planning portal if your original application was lodged that way,
otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware
that a fee is payable in respect of each request made, though there is no limit to the
number of conditions that can be discharged in a single request.  The Fees Charter
is available on our website www.pkc.gov.uk. The Council has two months to
consider the information.  You should therefore submit the required information
more than two months before your permission expires.  We cannot guarantee that
submissions made within two months of the expiry date of your permission will be
able to be dealt with before your permission lapses.
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10. 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. 
11. The refuse collection operative must have clear access to the bin storage area and
where possible the surfaces must be a paved or hard finished, which must be
smooth, where possible, without steps or kerbs with a minimum width of 1.5 metres
and clear headroom of 2 metres. 
12. Where a refuse vehicle is required to drive onto a site or to work under any structure
there should be a minimum height clearance of 4.5 metres, with a minimum working
area of 3.5 metres width by 4 metres length where the emptying of the containers
will take place. 
13. No work shall be commenced until an application for building warrant has been
submitted and approved. 
14. The applicant should take note of the information and advice contained within the
consultation response from Scottish Water. 
15. The applicant is advised that any proposed signage will require a further application
to be submitted for advertisement consent unless it benefits from express consent
as per the Town and Country Planning (Control of Advertisements) (Scotland)
Regulations 1984. 
16. Further information on the need for and level of provision of Changing Places Toilet
Facilities can be found in Section 41B of the Town and Country Planning (Scotland)
Act 1997, the Town and Country Planning (Changing Places Toilet Facilities)
(Scotland) Regulations 2020 and the associated Circular 1/2020: Changing Places
Toilets Regulations. 
Background Papers:  8 letters of representation
Date:  26 April 2024 
DAVID LITTLEJOHN
STRATEGIC LEAD – ECONOMY, DEVELOPMENT & PLANNING 
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5(2)(ii)
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Ü
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Planning and Placemaking Committee - 8 May 2024
23/00193/FLL
Erection of office building (class 4) and two cafe/restaurant units (class 3) with drive through facilities, car
parking, landscaping and associated work on land 100 metres South West of 5 Broxden Avenue, PerthScale
1:5,000
5(2)(ii)
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