Minute of meeting of 3 July 2024
Perth and Kinross Council · 11 September 2024
Back to Planning and Placemaking Committee — 11 September 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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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 3 July 2024 at 9.30am. Present: Councillors I Massie, G Stewart, Bailie C Ahern (substituting for Councillor D Illingworth), Councillor K Allan, Bailie A Bailey (substituting for Councillor B Leishman), Councillor B Brawn, Bailie R Brock (substituting for D Cuthbert), Councillors A Forbes (substituting for Councillor C Reid), K Harvey, I James, Bailie C McLaren, Councillor R Watters and Bailie M Williamson. In Attendance: D Littlejohn, Strategic Lead – Economy, Development and Planning, J Janes, L MacLean, C Morilly, S Panton, L Reid, K Smith and R Stewart (all Economy, Place and Learning); A Brown, S Dockerill, C Elliott and J Guild (all Strategy, People and Resources). Apologies: Councillors D Cuthbert, D Illingworth, B Leishman and C Reid. Councillor I Massie, Convener, Presiding. 1. WELCOME AND APOLOGIES The Convener welcomed everyone present to the meeting. 2. DECLARATIONS OF INTEREST In terms of the Councillors Code of Conduct: (i) Councillor A Forbes declared a non-financial interest in Item 5(1)(iii). 3. MINUTES The Minute of Meeting of Planning and Placemaking Committee of 5 June 2024 was submitted and approved as a correct record. 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. 23/01341/FLM 5(1)(i) 23/02134/IPM 5(1)(ii) 24/00594/AMM 5(1)(iii) 24/00589/FLL 5(2)(i)
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5. APPLICATIONS FOR DETERMINATION (1) Major Application (i) 23/01341/FLM - Mixed use development comprising golf driving range (class 11) with café (class 3), retail unit (class 1A), formation of vehicular access and parking, landscaping and associated works, land 240 metres north east of Lethangie Waste Water Treatment Works, Kinross (Report No. 24/204) Mr Panton introduced the report and advised an update had been circulated to members prior to the meeting, advising of the removal of the objection from SEPA referred to in Paragraph 30 and 116-119. With the removal of the objection, it was also advised that suggested Reason 3 for refusal would not be required. Mr H Marchbank, agent and Mr J Montgomery, on behalf of the applicant, addressed the Committee and answered Members questions. Motion (Councillors R Watters and I James) Grant, the application subject to suitable terms, conditions and informatives, on the basis there are material reasons to justify departure from the Local Development Plan including benefits to employment, local economy and tourism. Conditions 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 café hereby approved shall be limited to a maximum of 40 covers and shall only be open at such time that the golf driving range is open. Reason: In order to ensure that the café remains ancillary to the golf driving range use and to ensure there is no detrimental impact upon the café offering in the nearby Kinross and Milnathort Town Centres.
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Amenity 4. 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. 5. 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. 6. All external lighting for the golf driving range shall not be operated between the hours of 2300 and 0700hours daily. Reason: In order to safeguard the residential amenity of the area. 7. The hours of operation for the golf driving range shall be restricted to 0800hours to 2200hours daily. Reason: In order to safeguard the residential amenity of the area. 8. Prior to the development hereby approved being completed or brought into use, an effective ventilation system 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. 9. Servicing of and deliveries to the premises shall be carried out between 0700 and 1900 Monday to Saturday only, with no servicing or deliveries permitted on Sundays. Reason: In order to safeguard the residential amenity of the area. 10. Within 2 months of receipt of a written request by the Council as Planning Authority, following a substantiated noise and/or light complaint from a sensitive property, the operator/applicant shall, at its own expense, employ an appropriate consultant approved by the Planning Authority to carry out an assessment of noise and/or light from the development. The required assessment shall be submitted to and approved in writing by the Planning Authority. The assessment must identify any mitigation
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measures required if appropriate. Any mitigation measures identified shall be implemented on site in accordance with a timescale to be agreed with the Planning Authority. Reason: In order to safeguard the residential amenity of the area. Transport 11. 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.
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Reason: In the interests of pedestrian and traffic safety. 12. Prior to the commencement of the development hereby approved, full visibility splays of 160 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. Reason: In the interests of road safety; to ensure the provision of adequate visibility of the vehicular access. 13. No part of the development shall be occupied until a Green Travel Plan (GTP), aimed to encourage more sustainable means of travel, has been submitted to and agreed in writing by the Council in consultation with Transport Planning. The GTP 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 (including the provision of new cycle storage, path links), the system of management, monitoring, review, reporting and the duration of the plan. Reason: In order to promote sustainable methods of travel. 14. Prior to commencement of any development on site, a detailed design for the proposed secure covered e-bike cycle parking facility for a minimum of 12 cycles shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The e- bike 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 development being brought into use. Reason: In order to promote sustainable methods of travel. 15. No development in connection with the permission hereby granted shall commence unless the vehicular access has been provided and surfaced in accordance with Perth & Kinross Council's Road Development Guide Type C Figure 5.7 access detail, of Type B Road construction detail. The Type B Road construction detail shall continue to the entrance for a distance of 6 metres. Once provided, the vehicular and pedestrian access shall thereafter be permanently retained as such. Reason: In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary.
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16. Prior to the commencement of development on site, a detailed design for the path connection to the east of the site to the Heritage Trail and for the drainage outfall to the North Queich Burn shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The path connection and drainage outfall, as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority and undertaken prior to the commencement of construction associated with this planning application (23/01341/FLM). For the avoidance of doubt, it is the applicant’s responsibility to ensure that the correct consents are in place to deliver the required infrastructure. Reason: In the interests of ensuring suitable infrastructure is in place to promote active travel connections. Core Path Network 17. Prior to the commencement of the development hereby approved, a management plan indicating any temporary diversions and signage needed to facilitate the development and/or any works proposed to the right of way/core path as part of the development shall be submitted for the agreement of the Council as Planning Authority. The plan as agreed shall be implemented in accordance with the timings identified in the plan. Reason: To ensure continued public access to the public paths and in the interests of public safety within the site. Flooding 18. 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. 19. 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. Biodiversity and Landscaping 20. Prior to the commencement of any works on site, all trees on site (other than those marked for felling on the
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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. 21. All trees on site, other than those marked for felling on the approved plans, shall be retained. Reason: To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 22. The detailed landscaping and planting scheme which is hereby approved shall be completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. The approved scheme shall thereafter be maintained to the satisfaction of the Council as Planning Authority, with any planting which fails to become established within five years being replaced in the following planting season with others of a size and species as previously approved. Reason: In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 23. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document 22 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). 24. Prior to the commencement of works, a Construction Method Statement (CMS) shall be submitted to the Council for written approval. The CMS must outline measures to protect the adjacent watercourses from the impacts of pollution and sediment to ensure no adverse effects on Loch Leven and surrounding water courses. Reason: In the interests of protecting environmental quality and of biodiversity. 25. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, all measures listed in the submitted Biodiversity Enhancement Measures and Biodiversity Net Gain Calculation Report (Tay Ecology, July 2023) must be provided.
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Reason: In the interests of protecting environmental quality and of biodiversity. 26. 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. 27. The findings and recommendations contained within the supporting biodiversity survey 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 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). Archaeology 28. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) which has been submitted by the developer and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress. Reason: To ensure archaeological monitoring is carried out to safeguard and record any archaeological remains within the development area.
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Justification The proposal is considered a minor departure from the adopted Local Development Plan, however, there are material considerations which justify a departure. 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 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. 5. 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
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• Printed on durable material. 6. Please remember that the granting of planning permission, listed building consent or other associated consent by the Planning Authority does not affect the responsibility of the developer to ensure all other necessary permissions, consents and approvals are in place prior to commencement of works. Developers should also ensure appropriate accommodations are made in respect of services and third party infrastructure and may wish to check proposals against the information held at https://www.linesearchbeforeudig.co.uk/. 7. 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. 8. 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. 9. 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. 10. 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. 11. The granting of planning permission does not stop the continued right of public access along the existing core paths MTHT/102, MTHT/104, and MTHT/112 . 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. 12. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice
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relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 13. Application for a new postal address should be made via the Street Naming and Numbering page on the Perth & Kinross Council website at www.pkc.gov.uk/snn. Please note there is a charge for this service and submission cannot be made until the relevant Building Warrant has been approved. 14. The applicant is advised that the granting of planning permission does not guarantee right of access to the site. This should be agreed with the relevant landowner(s) prior to the commencement of the development. 15. An inspection of the proposed development site did not raise any real concerns, although historical mapping indicates there was previously a nearby use which may have resulted in contamination in the vicinity of the site. The applicant is advised that, given historical uses of the wider area, there may be potential for contamination within the site. Should any contamination be found during the approved works, works should cease and the Land Quality team should be contacted on 01738 475000 or es@pkc.gov.uk for further advice. 16. 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. 17. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 18. 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. 19. 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 guidance. 20. Road drainage may be in the vicinity of the new access and require remedial works. Contact Perth & Kinross Council Road Maintenance Department for further details. 21. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, he/she/they must obtain consent from the Council to place, maintain
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or adjust apparatus in or under a road, or to remove apparatus from a road. 22. 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 flooding and drainage arrangements. Amendment (Bailie A Bailey and Councillor K Harvey) Refuse, subject to Reasons 1 and 2 contained in Report 24/204. In terms of Standing Order 21.5 a roll call vote was taken. 7 members voted for the Motion as follows: Ahern, Allan, Brock, Forbes, James, McLaren, Watters 6 members voted for the Amendment as follows: Bailey, Brawn, Harvey, Massie, Stewart, Williamson Resolved: In accordance with the Motion. (ii) 23/02134/IPM - Mixed use development comprising of the erection of a poultry processing facility and demolition of existing poultry processing facility for residential, commercial, industrial uses including parking areas, vehicular access, landscaping and associated works, 2 Sisters Food Group, George Street, Coupar Angus, Blairgowrie, PH13 9LU (Report No. 24/205) Mr Panton introduced the report and advised the following updates had been circulated to members prior to the meeting: (i) Amended wording for Condition 1. (ii) Amended wording for the Procedural Note. (iii) Amendment to condition numbers referred to in the report as follows: • Paragraph 105 refers to condition 20 and should be condition 21 • Paragraph 125 refers to condition 20 and should be condition 21 • Paragraph 125 refers to condition 25 and should be condition 26 • Paragraph 133 refers to condition 23 and should be condition 24 • Paragraph 134 refers to condition 24 and should be condition 25 (iv) Amended wording for Condition 28.
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Mr J Wall, agent on behalf of the applicant, accompanied by Mr S McCarthy, applicant and Mr M Summers, addressed the Committee and answered Members questions. Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 1. Application for the approval required by a condition imposed on this Planning Permission in Principle shall conform with the requirements of Regulation 12 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 and of Section 59 (2) and (3) of the Town and Country Planning (Scotland) Act 1997 as amended by Section 21 of the Planning etc. (Scotland) Act 2006 and, in particular, must be made before whichever is the latest of the following: (i) the expiration of 5 years from the date of the granting of permission (ii) the expiration of 6 months from the date on which an earlier application for the requisite approval was refused, or (iii) the expiration of 6 months from the date on which an appeal against such refusal was dismissed. Reason: In accordance with the terms of Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended by Section 21 of the Planning etc. (Scotland) Act 2006. 2. Plans and particulars of the matters listed below shall be submitted for consideration by the planning authority, in accordance with the timescales and other limitations in Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended). No work shall begin until the written approval of the Planning Authority has been given, and the development shall be carried out in accordance with that approval. For the avoidance of doubt, no approval is hereby given to the layout shown in the illustrative development framework which forms part of the application for planning permission in principle. The specified matters include: (a) a site development layout and phasing plan showing a phased implementation programme, including: the location/position of all uses within the site; the proposed built form (including orientation of buildings); movement around and through the site, including pedestrian and cycle links and landscape provision; (b) for each phase of the development, a plan detailing the siting, design and height of development, including the design of all external features;
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(c) design and configuration of public and open spaces, all external materials and finishes; (d) car and cycle parking, access, road layouts and alignment, classification of streets, and servicing areas; (e) footpaths and cycle routes, including proposed multi- use paths, the designs shall detail pedestrian and cyclist priority junctions at the proposed vehicular access points along the shared use cycleway on the A94 and right turn ghost island facilities into the site; (f) details of safe pedestrian crossing points at all vehicle entrances over core path COUP/139; (g) waste management and recycling facilities; (h) surface water and drainage arrangements; (i) a detailed levels survey (existing and proposed) and cross sections showing proposed finished ground and floor levels of all buildings forming part of the development phase, relative to existing ground levels and a fixed datum point; (j) full details of sustainability measures in accordance with LDP2 Policy 32: Embedding Low and Zero Carbon Generating Technology in New Development; (k) hard and soft landscaping details, including: i. the type and location of new trees, shrubs and hedges; ii. a schedule of plants to comprise species, plant size and proposed number/density; iii. programme of completion and subsequent maintenance including a separate maintenance plan for the SuDS areas; iv. existing and proposed services such as cables, pipelines, substations; v. other artefacts and structures including street furniture, lighting columns and fittings; and vi. details of phasing of these works in relation to implementation and phasing of the development. Reason: To ensure that the matters referred to within this Planning Permission is Principle are given full consideration and to accord with the requirements of Section 59 Town and Country Planning (Scotland) Act 1997 (as amended). 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
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all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress. Reason: To ensure archaeological monitoring is carried out to safeguard and record any archaeological remains within the development area. 4. 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: To reduce flood risk. 5. In pursuance of Condition 2(i), the finished floor level(s) shall be set a minimum of 600mm above the 1 in 200 AEP event including 39% climate change flood level expected adjacent to the built development. The Phase 1 minimum FFL is 52.31mAOD and Phase 2 is 52.87mAOD. In addition, the finished floor levels shall be set a minimum of 150mm above adjacent ground levels. Reason: In the interests of flood prevention. 6. Prior to the commencement of development of each phase, details of a temporary surface water treatment facility shall be submitted to the Council as Planning Authority for approval. Thereafter, concurrent with the initiation of the development hereby approved and for the duration of construction, the approved temporary surface water treatment facility shall be implemented on site and maintained for the duration of the approved development works. The temporary surface water treatment facility shall remain in place until the permanent surface water drainage scheme is implemented unless otherwise agreed in writing by the Council as Planning Authority. Reason: In the interests of flood prevention.
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7. All matters regarding: access, car parking, public transport facilities, walking and cycling facilities, the road layout, design, and specification (including the disposal of surface water) shall be in accordance with the standards required by the Council as Roads Authority (as detailed in the National Roads Development Guide) and to the satisfaction of the Planning Authority. Reason: To ensure the roads and accesses are developed to an acceptable standard. 8. As part of any application for the Approval of Matters Specified by Condition (AMSC), the applicant shall include a updated transport assessment (relating to the different land uses) scoped to include the means of access to the site from the wider public road network to include all modes of transport (walking, cycling, public transport, private car and HGV movements), to the satisfaction of and approved in writing by the Council as Planning Authority. Reason: In the interests of road safety. 9. As part of any application for the Approval of Matters Specified by Condition (AMSC), a Stage 1 Road Safety Audit shall be submitted to and approved in writing by the Council as Planning Authority. The road safety audit shall also include an assessment of the need for a revision to the national speed limit, informed by a traffic speed survey along the A94. Reason: In the interests of road safety. 10. As part of any application for the Approval of Matters Specified by Condition (AMSC), the applicant shall provide detailed designs for the pedestrian and cyclist connectivity to the development to the North of the site and to the Co-Op store in George Street. Reason: In the interests of road safety and in the interest of promoting walking and cycling as sustainable modes of travel. 11. As part of any application for the Approval of Matters Specified by Condition (AMSC), the applicant shall detail adequate parking facilities for each class of use in accordance with the National Roads Development Guide. HGV parking and EV Parking for the factory shall also be included as part of any detailed application. Reason: To provide a suitable parking provision for the development. 12. As part of any application for the Approval of Matters Specified by Condition (AMSC), the applicant shall provide a detailed design for the upgrading of existing bus stops on George Street , or another location as agreed with the Public Transport Unit. Coupar Angus bound, the applicant shall provide a detailed design for the supply and installation of a new enclosed bus shelter set back from footpath. Perth bound, the applicant shall provide a detailed design for the supply and installation of
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a reverse cantilever bus shelter. The applicant shall provide a detailed design for the supply and installation of Real Time Passenger Information (RTPI) mountings, cabling, and displays for Bus Shelters serving both directions. Thereafter, prior to the occupation or bringing into use of the development, the agreed details shall be implemented in full. Reason: In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 13. 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) the provision and installation of traffic counters at the applicant's expense at locations to be agreed prior to the commencement of construction;
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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 interests of proper site management. 14. No part of the residential development shall be occupied until a Residential Travel Plan (RTP), aimed to encourage more sustainable means of travel, has been submitted to and agreed in writing by the Council as Planning Authority. The RTP will have particular regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided, the system of management, monitoring, review, reporting and the duration of the plan. Reason: To promote sustainable transport options. 15. All plant or equipment associated with the commercial units and residential units shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason: In the interests of protecting residential amenity. 16. As part of any application for the Approval of Matters Specified by Condition (AMSC) relating to the commercial uses, the applicant shall submit for approval a Noise Impact Assessment demonstrating that the sound insulation and sound transmission properties of the structure and finishes of the commercial units shall be such that any airborne noise from the operations within the premises does not constitute a statutory noise nuisance as determined by the local Planning Authority. Reason: In the interests of protecting residential amenity. 17. For each phase of development, a Lighting Plan shall be submitted for approval to the Council as Planning Authority, to ensure that 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. Prior to the first occupation or uptake of the use of the relevant development phase, the approved Lighting Plan shall be installed and maintained in perpetuity thereafter. Reason: In the interests of protecting residential amenity. 18. Noise from operations of the commercial units shall not exceed L A90,1 hour (0700 – 2300) or exceed L A90,15 mins (2300 – 0700) background noise level plus 5dB (A),
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including any relevant penalties for tonality, impulsivity, intermittency, or other sound characteristics when measured at any residential property in accordance with BS4142:2014+A1:2019. Reason: In the interests of protecting residential amenity. 19. At approval of matters stage for the new poultry processing facility or any other phase of development for uses within Use Class 4, 5 or 6, full details of an acoustic fence designed to protect residential amenity shall be submitted for approval of the Council as Planning Authority. Prior to the occupation or uptake of the use of the relevant development phase, the approved acoustic fence shall be installed, and maintained in perpetuity thereafter. Reason: In the interests of protecting residential amenity. 20. For each phase of development, an updated Ecological Impact Assessment (EcIA) shall be undertaken by suitably qualified and experienced persons shall be submitted. The EcIA must include the woodland in the north, bats in buildings, bat roost potential of trees to be felled/within 30m of works, Schedule 1 breeding birds and inclusion of pre-commencement walk over surveys in the mitigation measures. Reason: In the interests of protecting environmental quality. 21. At least two months prior to the commencement of development, a site specific, Construction Environment Management Plan (CEMP), shall be submitted for the further written agreement of the Council Planning Authority. Thereafter the CEMP will be updated to reflect the phasing of the development and strictly adhered to during the entirety of the construction phases. Measures to be included within the CEMP comprise: • The use of British Standards Best Practice Guidelines to reduce disturbance resulting from noise, surface run-off and vibration during works; • Scottish Environment Protection Agency (SEPA) Pollution Prevention Guidelines (PPG), incorporating procedures for emergency environmental incidents such as pollution events and encountering protected species. A review plan for the PPGs is currently underway, resulting in a replacement guidance series, with new branding and title "Guidance for Pollution Prevention" (GPPs). It is recommended that the following PPG and GPP are considered: − PPG1: Understanding your environmental responsibilities - good environmental practices; − GPP5: Works and maintenance in or near water; − PPG6: Working at construction and demolition sites;
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− GPP21: Pollution incident response planning; and − GPP 22: Dealing with spills. • Pollution prevention measures including procedures for oils and chemicals to prevent the release of any accidental spillages and effects associated with contaminated surface run-off; • Supervision of delivery of fuel and oils with pipelines and fuelling points protected from vandalism and unauthorised interference, including being turned off and locked when not in use to prevent effects associated with the encroachment of construction vehicles and plant and contaminated surface run-off; • Use of drip trays when filling smaller containers from tanks or drums to avoid drips and spills from entering the ground or drainage systems and watercourses to prevent effects associated with contaminated surface run-off; • Measures to minimise noise, vibration and dust; and • Limiting construction works to daylight hours only where possible, or having a suitable lighting strategy in place, in order to minimise effects to nocturnal faunal species. Furthermore, the Construction Environmental Management Plan (CEMP) shall include potential constraints and mitigation with regard to potential or confirmed ecological features identified in the updated Ecological Impact Assessment. Reason: to control pollution of air, land and water and.to mitigate the adverse impact of development traffic on the safe and efficient operation of the trunk road. 22. Development shall not commence until a detailed Construction Environmental Management Plan (CEMP) detailing environmental mitigation measures, including biodiversity and the control of dust and noise, shall be submitted for the further written agreement of the Council as Planning Authority. Thereafter the CEMP will be strictly adhered to during the entirety of the construction phases. Reason: In the interests of protecting environmental quality. 23. Prior to the commencement of works on each development phase, 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;
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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 contamination of the site as a result of its former use. 24. The development shall be in accordance with the requirements of Perth & Kinross Council’s Developer Contributions and Affordable Housing Supplementary Guidance 2023 in line with Policy 20: Affordable Housing of the Perth & Kinross Local Development Plan 2 (2019), or such subsequent Guidance and Policy which may replace these. Reason: To ensure the development is in accordance with the terms of the Perth and Kinross Local Development Plan 2 (2019) and to comply with the Council’s policy on Developer Contributions and Affordable Housing Supplementary Guidance 2023. 25. The development shall be in accordance with the requirements of Perth & Kinross Council’s Developer Contributions and Affordable Housing Supplementary Guidance 2023 in line with Policy 5: Infrastructure Contributions of the Perth & Kinross Local Development Plan 2 (2019) with particular regard to primary education infrastructure, or such subsequent Guidance and Policy which may replace these. Reason: To ensure the development is in accordance with the terms of the Perth and Kinross Local Development Plan 2 (2019) and to comply with the Council’s policy on Developer Contributions and Affordable Housing Supplementary Guidance 2023. 26. At least two months prior to the commencement of the development, an independent and suitably qualified ecologist shall be appointed by the developer at their expense as the ‘Ecological Clerk of Works’ (ECOW) for the site. This appointment shall be subject to the prior written approval of the Planning Authority and detail the extent of inspections to be undertaken by the ECOW and how this relates to the delivery of the development phases. The ECOW shall oversee, on behalf of the Planning Authority, the implementation of all ecology related planning conditions and how this relates to the
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phase of development being constructed. The ECOW shall undertake a watching brief throughout the construction of the development phase and shall have the authority to stop operations or to alter construction methods should there be any works occurring which are having an adverse impact on natural heritage. The ECOW shall have responsibility for the following: a) Monitoring compliance with the mitigation works related to the development as set out in the Construction Environment Management Plan. b) Advising the developer on adequate protection of nature conservation interest on the site, including altering construction practices if existing practices are having an adverse impact on the natural heritage of the site. c) If any protected species are found on site, the Ecological Clerk of Works will ensure that work is suspended at that location and that a protected species protection plan is implemented. The ECOW is required to notify the Planning Authority: d) If there has been a requirement to stop or alter works in relation to this condition. e) They are required to submit a report on their inspection (frequency to be agreed) for the review of the Planning Authority in consultation with Scottish Environment Protection Agency where necessary, during construction operations. f) They will have the power to amend the CEMP, where required, with any amendments and measures to mitigate submitted to the Planning Authority. Reason: In order to ensure that an ECOW is appointed and is suitability qualified and has a suitable job description and powers to oversee all salient ecological matters affecting the Construction phases of the development. 27. As part of any application for the Approval of Matters Specified by Condition (AMSC) a Site Biodiversity Action Plan including biodiversity enhancement measures shall be submitted for approval of the Council as Planning Authority. Thereafter, the approved Action Plan will be implemented in full prior to the first occupation or uptake of the use of the relevant development phase. Reason: In the interests of protecting and enhancing biodiversity. 28. As part of any application for the Approval of Matters Specified by Condition (AMSC), a tree protection plan, Arboricultural Impact Assessment and Arboricultural Method Statement shall be submitted prior to the commencement of development for the approval of the Council as Planning Authority. Thereafter, the approved Action Plan will be implemented in full prior to the first
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occupation or uptake of the use of the relevant development phase. Reason: In the interests of protecting environmental quality and of biodiversity. 29. As part of any application for the Approval of Matters Specified by Condition (AMSC) a detailed landscaping and planting scheme including details of the species, height, size, location, density and maintenance regime of trees and shrubs to be planted, shall be submitted. The scheme must illustrate that adequate compensatory tree planting for lost trees will be achieved with at least 3 trees planted for every tree lost. Reason: In order to justify the loss of any trees and to ensure that adequate landscaping is provided for the development. 30. As part of each application for the Approval of Matters Specified by Condition (AMSC) details of the specific measures for the installation and operation of low and zero-carbon generating technologies reduce energy to demand and emissions from the development shall be submitted. Reason: in the interests of reducing carbon emissions. 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 and Placemaking Committee agree with the recommendation to approve the application, then the application will have to be referred to the Scottish Ministers for authority to proceed. Informatives 1. Additional groundwater monitoring should be carried out over a full calendar year to include both summer and winter periods. 2. If there is any proposal to alter a route of an existing core path or right of way a further legal procedure is required. The granting of planning permission does not stop the continued right of public access along the existing core path or right of way. 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. 3. The applicant is advised that the granting of planning consent 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
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wastewater system and/or water network and all their requirements must be fully adhered to. 4. Where necessary, no work shall be commenced until an application for building warrant has been submitted and approved. 5. 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. 6. 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. 7. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and SEPA. THE COMMITTEE TOOK A 5 MINUTE RECESS. HAVING DECLARED A NON-FINANCIAL INTEREST IN THE FOLLOWING ITEM COUNCILLOR A FORBES LEFT THE MEETING AT THIS POINT. (iii) 24/00594/AMM - S42 application to vary condition 9 (signalised junction) of permission 21/02137/AMM, The James Hutton Institute, Errol Road, Invergowrie, Dundee, DD2 5DA (Report No. 24/206) Mr A Cox, James Hutton Institute, on behalf of the applicant, addressed the Committee and answered Members questions. Resolved: 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. Prior to the use of any lifting equipment including cranes etc the applicant must receive written confirmation from Dundee Airport that aircraft departing and arriving on runway 09/27 will be safeguarded. Furthermore, the applicant must receive written confirmation from Dundee that the use of lights, during construction, shall not dazzle
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nor distract aircraft preparing to land at Dundee Airport, all to the satisfaction of the Council as Planning Authority. Reason: To not impact on the operations of Dundee City Airport. 3. All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason: In order to safeguard the residential amenity of the area. 4. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason: In order to safeguard the residential amenity of the area. 5. No part of the development shall be occupied or brought into use, whichever is the earlier, until the applicant has provided the minimum parking provision as shown on drawing number 39 or 66 of planning approval 21/02137/AMM, to the satisfaction of the Council as Planning Authority. Once provided, the parking shall thereafter be permanently retained as such for the life of the development. Reason: To provide a suitable parking provision for the development. 6. Prior to the occupation of any of the development hereby approved, the proposed modifications to the A90/Main Street Roundabout, generally as illustrated on Drawing No. 135585/sk7001 - page 86 of Transport Assessment (PKC Ref: 20/01103/16) by Fairhurst dated April 2020, shall be implemented and available for use for any vehicles travelling to the site, subject to the satisfaction of the Planning Authority, after consultation with Transport Scotland. Reason: To ensure that the standard of access layout complies with the current standards, and that the safety and free flow of traffic on the trunk road is not diminished. 7. No part of the development hereby approved shall be occupied until the approved Staff Travel Plan (STP) (document 71 of permission 21/02137/AMM) has been updated. The update shall be reflective of the removal of the proposed mitigation works identified at A85 Riverside Avenue/Main Street Junction and shall have regard for the revised operational situation within the development area identified on drawing number 1. The updated STP shall be submitted to and agreed in writing by the Council
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as Planning Authority in consultation with Transportation and Development. Thereafter, the agreed STP shall be brought into effect in line with the bringing into use of the development and will be subsequently implemented for the life of the development. The STP will have particular regard to the following: • provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided; • the vehicular routes to the site for staff and visitors to access and egress the site; • the system of management, monitoring, review, reporting; and, • the duration of the plan. Reason: To promote sustainable transport options and to meet advice within National Planning Framework on transport. 8. The details submitted and agreed as part of condition 8 of planning permission 21/02137/FLM (drawing number 50) with regards to Construction Traffic Management Scheme (TMS), shall be adhered to at all times to the satisfaction of the Council as Planning Authority, unless otherwise agreed in writing by the Council as Planning Authority. The TMP is to remain a fluid document and will be required to be updated where necessary Reason: In the interest of proper site management. 9. Access along core path INGI/8 and Right of Way 52/8, or along the short diversion as specified in drawing number 38 should remain open for responsible access throughout the construction phase. On completion the diversion must be removed and access along the original core path/Right of Way restored. Reason: To ensure a satisfactory standard of local environmental quality; to safeguard the core paths. 10. The details submitted and agreed as part of condition 11 of planning permission 21/02137/FLM with regards to contamination (drawing numbers 48, 55 and 56), shall be undertaken and delivered in line with the subsequently approved plans, prior to the completion or bringing into use of any part of the development. Reason: to ensure a satisfactory standard of local environmental quality. 11. The conclusions and recommended action points within the supporting Ecological Surveys, Bird Mitigation Plan and Biodiversity Action Plan submitted and approved as part of planning approval 21/02137/FLM (drawing numbers 26, 27 and 37) shall be fully adhered to, respected and undertaken as part of the construction phase of development. Reason: To ensure a satisfactory standard of local environmental quality; to safeguard the welfare of any protected wildlife.
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12. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day. Reason: In the interests of 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). 13. The detailed landscaping and planting scheme (drawing numbers 16, 23 and 31 of planning permission 21/02137/AMM) shall be completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. The approved scheme shall thereafter be maintained to the satisfaction of the Council as Planning Authority, with any planting which fails to become established within five years being replaced in the following planting season with others of a size and species as previously approved. Reason: In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 14. The details submitted and agreed as part of condition 15 of planning permission 21/02137/FLM with regards to external finishing materials (drawing numbers 49, 51, 52 and 53), shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier, to the satisfaction of the Council as Planning Authority, Reason: In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. 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. 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. 2. Existing buildings or structures may contain nesting birds between 1st March and 31st August inclusive. The
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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. 3. The applicant is advised that if there is any proposal to alter a route of an existing core path or right of way a further legal procedure is required. The granting of planning permission does not stop the continued right of public access along the existing core path or right of way. 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. 4. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 5. 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. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow for the collection of waste. 7. 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. 8. 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
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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. COUNCILLOR A FORBES RETURNED TO THE MEETING AT THIS POINT. (2) Local Application (i) 24/00589/FLL - Erection of a dwellinghouse and garage, Seaforth, Kintillo Road, Bridge of Earn, Perth, PH2 9AZ (Report No. 24/207) Mr J Bruce, Chair, Earn Community Council (via telephone) and Mr R Taylor, 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. 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 development hereby approved being completed or brought into use, the vehicular access shall be formed in accordance with Perth & Kinross Council's Road Development Guide Type B Figure 5.6 access detail, of Type B Road construction detail. Reason: In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 4. By Friday 16 August 2024, the pedestrian route from Kintillo Road to Todd Place shall be constructed and provided with dropped kerbs at Todd Place and the crossing over the driveways within the development, to
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permit easy access for pedestrians with prams and wheelchairs. The kerb upstands at the dropped kerbs shall range from 0 mm to 10 mm at these locations. The pedestrian route shall connect into Kintillo Road footway with a flush surface all to the satisfaction of the Council as Planning Authority. Reason: In the interests of pedestrian and traffic safety. 5. The detailed landscaping and planting scheme which is hereby approved shall be implemented as part of the site development programme and thereafter maintained to the satisfaction of the Council as Planning Authority. Reason: In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 6. The footway from Kintillo Road to Todd Place and the associated lighting within the site shall be retained and maintained in perpetuity to the satisfaction of the Council as Planning Authority. Reason: In the interests of visual and residential amenity and to ensure ongoing permeability through the site. 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. 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. 2. No work shall be commenced until an application for building warrant has been submitted and approved. 3. 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. 4. Street lighting infrastructure is present at the site, discussions must be had with the Street Lighting Partnership to obtain the locations of infrastructure and its relocation to facilitate the vehicle access. Contact Mark Gorrie at Perth & Kinross Council Street Lighting Department for further details.
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5. 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. 6. The developer should be aware that should Scottish Water not agree to accept surface water drainage into their combined sewer, an alternative surface water drainage solution will be required which may require further planning permission. 7. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests 8. Application for a new postal address should be made via the Street Naming and Numbering page on the Perth & Kinross Council website at www.pkc.gov.uk/snn. Please note there is a charge for this service and submission cannot be made until the relevant Building Warrant has been approved.