24/00368/Fll
Perth and Kinross Council · 11 September 2024
Back to Planning and Placemaking Committee — 11 September 2024 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee – 11 September 2024 Report of Handling by Strategic Lead: Economy, Development and Planning (Report No. 24/245) PROPOSAL: Siting of 22 holiday accommodation units, change of use and alterations to storage building to form event space, formation of vehicular access, outdoor seating area and associated works LOCATION: Murrayshall House Hotel, Murrayshall, Perth, PH2 7PH Ref. No: 24/00368/FLL Ward No: P2- Strathmore Summary This report recommends approval of the application for planning permission for the siting of 22 holiday accommodation units, formation of vehicular access and associated works. A Section 75 Legal Agreement or other suitable mechanism will be required to obtain contributions to transport infrastructure. BACKGROUND AND DESCRIPTION OF PROPOSAL 1 Planning permission is sought for the siting of 22 glamping pods with associated vehicular access and parking on a site to the south-east of Murrayshall House and within the wider Murrayshall Estate. The proposal comprises 18 one- bedroom pods and four two-bedroom pods. The smaller pods will be 5.8m in length, 3m in width and a height of 3.1m. The larger pods will be 12.8m in length, 6.8m in width and a height of 3.85m. 2 Access to the site is via the existing track situated towards the rear of the Hotel and Golf Club. Using this existing access will limit any unnecessary alterations to the existing landscape and keeps vehicular movement within a more confined area of the site. 10 guest parking spaces will be provided to the north of the pods, with a further 12 spaces available to the north of the Hotel building. From here, guests can utilise the existing access routes through the site to reach each of the pods. Beyond the parking spaces, the existing access track is proposed to be widened slightly to permit access for emergency and servicing/maintenance vehicles only. A turning head will also be provided to allow vehicles to enter and exit the site in a forward motion. 3 Planning permission in principle was granted in December 2023 (23/00833/IPM) for a mixed-use development comprising spa and leisure facility including
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ancillary food and drink; holiday accommodation including lodges luxury units and timeshare/ vacation ownership properties extension to hotel central delivery hub for deliveries staff facilities and relocated greenkeeping services outdoor pursuits small-scale residential conversion of existing greenkeepers compound and associated works including photovoltaic array servicing access drainage and landscaping. Although the current application is for full planning permission, the approved PPP proposal is a significant material consideration. SITE HISTORY 4 07/00287/OUT was Approved On 11 September 2007 for Erection of 17 bedroom suite accommodation including public lounge (plot D) (in outline) 5 10/00505/IPL was Approved On 17 May 2010 for Leisure and health facilities 'timeshare' lodge and fractional ownership accommodation 70 bedrooms and 10 staff living/bedroom studio residences (plot A) (in principle)(renewal of 07/00285/OUT). 6 10/00506/IPL was Approved On 17 May 2010 for Erection of 17 bedroom suite accommodation including public lounge (plot D) (in principle)(renewal of 07/00287/OUT) 7 20/01688/SCRN On 24 December 2020 for Screening opinion request. 20/00010/PAN On 9 December 2020 for Residential development, extension to hotel, erection of hotel accommodation units and staff accommodation units, spa facility, golf training and indoor sports buildings, formation of camping grounds, outdoor sports grounds, photovoltaic sites, access roads, SUDS ponds, landscaping and associated works. 8 21/00508/IPM application was Withdrawn On 4 April 2022 for Residential development, extension to hotel, erection of hotel accommodation units, café, spa and leisure facilities and groundskeeping buildings, formation of camping grounds, outdoor sports grounds, photovoltaic site, access roads, SUDS ponds, landscaping and associated works (in principle). 9 21/01673/FLL Full Planning Permission was Approved On 11 July 2022 for Relocation of driving range, erection of golf academy building and shop, formation of parking area, part diversion of core path, landscaping and associated works. 10 22/00023/PAN On 2 February 2023 for Residential development, extension to hotel, erection of hotel accommodation units, timeshare and fractional ownership accommodation units, café, spa and leisure facility, formation of camping grounds including camping pods, outdoor sports grounds, relocation of green keeping buildings, formation of central delivery hub, photovoltaic sites and associated access, drainage, and landscaping works (in principle).
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11 22/00024/PAN On 2 February 2023 for Extension to hotel, erection of hotel accommodation units, timeshare and fractional ownership accommodation units, café, spa and leisure facility, formation of camping grounds including camping pods, outdoor sports grounds, relocation of green keeping buildings, formation of central delivery hub, photovoltaic sites, associated access, drainage, and landscaping works (phase 1). 12 23/00833/IPM was Approved On 13 December 2023 for Mixed-use development comprising spa and leisure facility including ancillary food and drink; holiday accommodation including lodges luxury units and timeshare/ vacation ownership properties extension to hotel central delivery hub for deliveries staff facilities and relocated greenkeeping services outdoor pursuits small-scale residential con- version of existing greenkeepers compound and associated works including photovoltaic array servicing access drainage and landscaping. 13 23/01798/FLL Full Planning Permission was Approved On 7 February 2024 for Alterations and extension to core path, installation of signage and associated works. 14 24/00435/FLM Full Planning Permission submitted for Erection of spa and leisure facility, 25 holiday accommodation units, formation of vehicular access, parking areas, landscaping, drainage and associated works. ENVIRONMENTAL IMPACT ASSESSMENT 15 The impact of the wider development site was screened for EIA (20/01688/SCRN) and it was determined that the proposal does not constitute an EIA development. PRE-APPLICATION CONSULTATION 16 The proposed development is not classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was not required to undertake not any formal pre-application consultation with the local community. 17 However, as stated above, the application is closely related to a previous application for planning permission in principle which was approved in December 2023. As that was a major development the applicant was required to undertake formal pre-application consultation, reference 22/00024/PAN refers. DEVELOPMENT PLAN 18 The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance.
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National Planning Framework 4 19 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve people’s lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 20 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 8: Green Belts • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 22: Flood Risk and Water Management • Policy 29: Rural Development • Policy 30: Tourism Perth and Kinross Local Development Plan 2019 21 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. 22 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 8: Rural Business and Diversification • Policy 9B: Caravan Sites, Chalets and Timeshare Developments: New and Expanded Touring Caravan, Motorhome / Campervan, and Camping Sites • Policy 9C: Caravan Sites, Chalets and Timeshare Developments: Chalets, Timeshare and Fractional Ownership • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 39: Landscape • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy
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• Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 43: Green Belt • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 55: Nuisance from Artificial Light and Light Pollution • Policy 57: Air Quality • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance • Supplementary Guidance - Air Quality (adopted in 2020) • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) PKC NON-STATUTORY GUIDANCE • Planning Guidance - Planning & Biodiversity NATIONAL GUIDANCE 23 The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 24 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 40 Development Management • 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
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Creating Places 2013 25 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. CONSULTATIONS 26 As part of the planning application process the following bodies were consulted: External 27 Scottish Water: No objection. Advise there is currently sufficient capacity at Perth Water Treatment Works to service the development but cannot confirm capacity at Scone Waste Water Treatment Works. 28 Perth and Kinross Heritage Trust: No archaeological mitigation required. 29 Scone and District Community Council: Objected on the following grounds: • Proposed design and density is at odds with the surrounding countryside • The pods encroach obtrusively upon the small settlement south of Murrayshall Estate • Road safety • Flood risk • Light pollution • Noise pollution • Biodiversity impacts Internal 30 Biodiversity/Tree Officer: Further survey work required in respect of bats, badgers and trees. This information has subsequently been provided. 31 Structures and Flooding: No objections, subject to a condition on the final specification of the permeable access track. 32 Transportation and Development: No objections, subject to conditions on construction traffic, a signage strategy, a travel plan and the provision of additional passing places. 33 Development Contributions Officer: A contribution toward transport infrastructure is required.
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34 Environmental Health (Noise Odour): No objections, subject to conditions to control noise and external lighting. Representations 35 24 representations were received. The main issues raised within the representations are: • Visual impact • Contrary to Development Plan policy • Out of character • Inappropriate design • Impact on trees and biodiversity • Car parking and traffic • Flood risk • Noise • Light pollution 36 These issues are addressed in the Appraisal section of the report. ADDITIONAL STATEMENTS Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required 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 • Flood Risk and Drainage Assessment • Design and Access Statement • Energy Statement • External Lighting Strategy • Sustainability Statement • Heritage Impact Assessment • Landscape and Visual Appraisal • Ecological Impact Assessment • Economic Benefits Statement • Transport Information • Tree Survey and Impact Assessment • Planning Statement • Biodiversity Plan • Pre-application Consultation Report • Invasive Non-Native Species Management Plan
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APPRAISAL 37 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. Principle 38 The principle of the proposal for the siting of holiday accommodation units on this part of the site has been established through the previous grant of planning permission in principle for a larger mixed-use development. 39 The principle of the development is thus considered acceptable, provided the proposals are compatible with the relevant policies of the development plan. 40 The site is within the green belt and therefore Policy 8 of NPF4 and Policy 43 of LDP2 are applicable. NPF4 makes allowance for development proposals in the green belt if it is ‘for outdoor recreation, play and sport or leisure and tourism uses; or where it is an intensification of established uses. Similarly, in the case of LDP2, the proposed development could in principle comply with LDP2 policy 43 criterion (a) supporting an established use, providing that the proposals are appropriate to meet the overall objectives of the Green Belt to protect and enhance the character, landscape setting and identity of settlements. 41 LDP2 Policy 9: Caravan Sites, Chalets and Timeshare Developments generally supports the improvement of existing holiday-related uses. Policy 9C states that “the Council will give favourable consideration to new chalet and timeshare/fractional ownership developments where it is clear these cannot be used as permanent residences”. 42 NPF4 Policy 30: Tourism, sets out that proposals for tourism related development will take into account factors such as the contribution made to the local economy; compatibility with the surrounding area and impacts on communities, along with sustainable principles and consideration of the natural environment. 43 Overall, NPF4 and LDP2 policies are generally supportive of the proposal as the intensification of an existing tourist facility. Therefore, the development proposals are acceptable in principle, subject to compliance with other relevant development plan policies and material considerations, which are assessed below.
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Design and Layout 44 The layout of proposal makes use of existing site features and is logical in terms of utilising existing topography and trees. This is the lowest part of the estate and will allow the development to sit within the established landscape while limiting its visual impact. 45 The smaller ‘Hotelier’ pods feature a curved design and will accommodate a double bed and a small ensuite with shower. The larger ‘Wave’ pods also feature a curved design and is designed as a twin unit caravan that can be assembled offsite and transported in two halves. Internally, it can sleep four with an additional sofa bed, it also has a fully fitted kitchen, bathroom and eating space. 46 The modest size of the pods and existing and proposed landscaping will allow them to sit harmoniously within the site with limited visual impact beyond the site itself. The pods will be positioned in varying orientations to avoid a repetitive pattern of development. 47 Overall, the proposed development will bring a modest change to the landscape Setting, but the planting of native trees and foliage will help soften the impact of the new accommodation and leisure areas. The proposal is considered to adopt good placemaking principles as the design and siting respects the character and setting with a low impact proposal and thereby accords with NPF4 Policy 14: Design, Quality and Place and LDP2 Policy 1: Placemaking. Landscape and Visual Amenity 48 NPF4 Policy 4: Natural Places, advises that development proposals that affect a site designated as a local nature conservation site or landscape area in the LDP will only be supported where development will not have significant adverse effects on the integrity of the area or the qualities for which it has been identified. LDP2 Policy 39: Landscapes, states that development proposals will be supported where they do not conflict with the aim of maintaining and enhancing the landscape qualities of Perth and Kinross. 49 The site is situated in the Sidlaw Hills Local Landscape Area (LLA) and a Landscape and Visual Impact Assessment (LVIA) has been submitted in support of the application along with an External Lighting Strategy. 50 There is currently another live application pending consideration to the south of the site for the erection of spa and leisure facility, 25 holiday accommodation units, formation of vehicular access, parking areas, landscaping, drainage and associated works. While each application must rightly be considered on its individual merits, the information submitted initially did not consider the cumulative impacts of the two developments on the landscape. An LVIA was requested and has since been provided and assessed.
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51 The proposed development will result in very localised landscape and visual effects that will cause negligible changes to local landscape character and existing views across Murrayshall and the wider landscape. The LVIA concludes that there will be negligible cumulative landscape and visual impacts of the glamping pods together with the spa and lodges. 52 Lighting is to be located along pathways within the site and at main access points and will be largely screened from the wider local landscape. The Preliminary Ecological Appraisal is referred to in the Lighting Strategy, specifically that, due to the presence of bats in the area, lighting will be low level with mitigation measures implemented to reduce light spill onto suitable commuting and roosting features. In addition, the proposed lighting strategy will also ensure that nighttime views to the site are localised. 53 Overall, the magnitude of change to the landscape character is assessed to be low. Furthermore, the effect of the development on surrounding landscape designations is assessed to be minor. Roads and Access 54 NPF4 Policy 13 Sustainable transport of NPF4 seeks to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. LDP2 Policy 60: Transport Standards and Accessibility Requirements requires that all development proposals which involve significant travel generation should be well served by, and easily accessible to all modes of transport with particular consideration to sustainable modes of transport. 55 It is proposed that 10 new parking spaces will be provided for the pods with 12 existing spaces within the existing car park to the north to be allocated for the pods. Signage will be provided for the spaces (Condition 4). Transport Planning has been consulted and confirmed that the numbers of proposed car parking spaces is suitable to offset the additional requirements produced by the development. 56 The proposal includes the delivery of two passing places, between the A94 and the first hotel entrance. The applicant has not considered the length of public road between the two hotel entrances. As such, the applicant shall deliver passing places 3 and 7, as shown in the Transport Information to a width of 5.5 metres, with a minimum of a further two passing places between the hotel entrances, to be agreed. A condition is recommended for the detailed design for all passing places, in advance of any works taking place (Condition 6). 57 The applicant has also provided details on the updated signing for the site that is to be provided once the Cross Tay Link Road (CTLR) is opened to traffic. It is recommended that a condition is included for a signing strategy to be designed and implemented (Condition 4).
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58 The applicant has advised that the shuttle bus service will not be introduced for this element of the project, but will be considered with the next element, when there will be more demand for example with the spa facilities. Nevertheless, a Travel Plan is recommended for the development (Condition 5). Drainage and Flooding 59 A Flood Risk and Drainage Assessment has been undertaken to assess the potential increase to surface water run off attributed to the development from all possible sources, in accordance with best practise and guidance presented within NPF4. 60 The proposed drainage / SuDS scheme for the site will comprise the management of surface water runoff from the impermeable areas of the development via a combination of perforated filter drains, subsurface pipework and linear drainage conveying runoff to two subsurface cellular storage units. 61 PKC Flooding and Structures has advised they have no objections to the proposals subject to a condition requiring further details to be submitted relating to the permeable access track (Condition 7). 62 Overall, the site is generally at a low risk of flooding and the proposal complies with NPF4 Policy 22: Flood Risk and Water Management; and LDP2 Policy 52: New Development and Flooding and Policy 53: Water Environment and Drainage. Conservation Considerations 63 NPF4 Policy 7: Historic Assets and Places and LDP2 Policies 26: Scheduled Monuments and Archaeology are applicable. 64 A Heritage Impact Assessment (HIA) has been submitted in support of the application and has been assessed by Perth and Kinross Heritage Trust (PKHT). They have advised that the information with the HIA indicates that the development area, particularly the western side, has been subject to historic and modern landscaping activities associated with Murrayshall House which is likely to have any truncated any pre-existing buried remains. 65 Therefore, with respect to archaeology and the planning process, as outlined by NPF4, the proposed development does not raise any significant issues, and no archaeological mitigation is required in this instance. Natural Heritage and Biodiversity 66 NPF4 Policy 6 Forestry, woodland and tree seeks to protect and expand forests, woodlands and trees. In addition, LDP2 Policy 40: Forestry, Woodland and Trees seeks to protect existing trees/ woodland whilst securing the delivery of new woodland where appropriate.
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67 The proposed development will not result in the loss of any existing trees. The removal of a group of holly noted to be of variable condition will be required to accommodate the proposed development. No other trees are to be removed or pruned as part of the proposals. 68 A landscape strategy accompanying the application details additional native tree planting to be provided throughout the development. Woodland edge planting is proposed to the south and east of the site to provide further softening and screening of the pods. 69 Conditions are required to ensure that suitable root protection measures are implemented and details of the permeable access track (Conditions 7 and 12). 70 NPF4 requires local planning applications to include appropriate measures for biodiversity enhancement that are proportionate to the nature and scale of the development. In addition, LDP2 Policy 41: Biodiversity seeks to protect and enhance all wildlife and habitats, whether formally designated or not, considering natural processes in the area. 71 An Ecological Impact Assessment (EcIA) has been submitted along with a Biodiversity Plan (BP) and an Invasive Non-Native Species Management Plan (INNS). 72 The Proposed Development does not lie within or adjacent to any statutory designated environmental sites. However, the site holds suitable foraging habitat for a number of protected species, including bats, badger and red squirrel. Ecological mitigation and enhancement measures have been set out in the EcIA and BP and the implementation of these recommendations will be secured through a condition (Condition 10). Noise and Air Quality 73 Environmental Health have advised that, due to the location and distance to the nearest residential properties outwith the ownership of Murrayshall, it is considered unlikely that the pods will have significant impact on the residential amenity of neighbouring properties. However, conditions are requested to control noise from plant equipment and external lighting (Conditions 8 and 9). Low and Zero Carbon Generating Technologies 74 LDP2 Policy 32 ‘Embedding Low and Zero Carbon Generating Technology in New Development’ states that proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. As this proposal includes the erection of a new building, consideration must be given to this requirement. Further, NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ requires that development should be designed to reduce green gas emissions. In this instance
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the applicant has advised that the following sustainability points are included within the design of the glamping pods. • All cladding is timber and comes with a 50-year warranty. • All units are built using the principles of the PassivHaus Institute creating a draft free, airtight envelope and active ventilation with up to 80% of the heat recovered. • Climate control is provided by adaptive air conditioning using air sourced heat pump technology and provides low-cost warmth and coolth, whatever the weather. • A Climate Management control system that guests can download on to their phones. It will also allow for monitoring and managing energy and water use. • Products are designed with the principles of the Circular Economy with materials recycled, re purposed or reused. • All units are created to Biophillic Design principles. 75 The proposal therefore complies with the relevant Development Plan policies. Developer Contributions 76 The Council’s Transport Infrastructure Developer Contributions Supplementary Guidance requires a financial contribution of £48,048 towards the cost of delivering the transport infrastructure improvements. 77 Subject to completion of a Legal Agreement, or upfront payment, the application is considered to satisfy contribution and infrastructure requirements. Economic Impact 78 As part of the larger planning permission in principle, the applicant advised that they believe there is an oportunity to reposition Murrayshall as one of the leading four-star hotel and golf resorts in Scotland. They aim to achieve this through the provision of a more extensive resort offering, including the development of a spa and leisure club, new accommodation facilities, outdoor pursuit facilities, and an enhanced golfing experience. This will enable the resort to create additional income streams, reduce the risk of seasonality, become more operationally efficient and capture new customer segments. 79 This application represents a small part of the wider vision for Murrayshall and seeks to diversify the existing accommodation offer and appeal to customers seeking a more experiental stay. 80 During the construction period, jobs will be created and sustained, supporting indirect employment and revenue that this volume of construction activity will generate from employees spending on local goods and services. Longer term,
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additional residents to the area will support existing local employment and services in the area. VARIATION OF APPLICATION UNDER SECTION 32A 81 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 deletion of the proposal for the change of use and alterations to a storage building to form an event space. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 82 A Legal Agreement may be required to secure necessary transport infrastructure requirements, unless an upfront payment is received. DIRECTION BY SCOTTISH MINISTERS 83 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 84 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for approval subject to the following conditions. RECOMMENDATION Approve the application Conditions and Reasons for Recommendation 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019.
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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, 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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4. Prior to commencement of any development on site, a detailed design showing the signage for the development shall be provided with the following schemes being designed: a) directional signage to be added to the public road network to direct customers to the development site entrance along the preferred routes as discussed in the Transport Statement; b) directional signage to be removed from the public road network to encourage customers to use the preferred route detailed as discussed in the Transport Statement; c) passing place signage along the U84 and U85 from the A94 to the development site entrance from the public road network; and d) car parking signage on the development site for a minimum of 12 car parking spaces intended for the holiday accommodation units. Shall be submitted to, and approved in writing by, the Council as Planning Authority. The submission will confirm the location of the signage, specification and detailed design. The scheme for the approved shall thereafter be implemented in full, prior to the development hereby approved being completed or brought into use. Reason - In the interests of road safety and to direct customers of development site along the preferred route. 5. No part of the development shall be occupied until a Travel Plan, 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 Travel Plan 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 along with 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. 6. Prior to commencement of any development on site, a detailed design for a minimum of four passing places shall be submitted and approved in writing by the planning Authority in consultation with the Roads Authority for the following locations: • Passing Place 3 – Unmade layby at 227m as detailed in the Transport Statement in Appendix G – Passing Place Plan (SK005); and • Passing places 7 – Field entry on right at 1090 m as detailed in the Transport Statement in Appendix G – Passing Place Plan (SK005); and
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• Plus, a minimum of two further passing places between the west entrance to Murrayshall House Hotel at approximately 2.5km from the A94 and the east entrance to Murrayshall House Hotel at approximately 3km from the A94 The passing places shall be provided with a minimum carriageway width of 5.5 metres, for a minimum length of 11 metres with 30-degree tapers and surfaced in accordance with the Perth & Kinross Council's Road Development Guide at the agreed locations. The passing places, as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority and be constructed and operational in advance of any further works being undertaken on site. Once provided, the passing places shall thereafter be permanently retained as such. Reason - To ensure the existing road network can accommodate the traffic likely to be associated with the proposed development in the interests of road safety. 7. Prior to the commencement of the development, details of the permeable access track will be submitted for the approval of the Council as Planning Authority. Thereafter, the track shall be implemented in line with the approved details and maintained in perpetuity. Reason – To ensure the site is adequately drained and the protection of tree root areas. 8. 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. 9. 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. 10. The conclusions and recommended action points within the supporting Ecological Impact Assessment, Biodiversity Plan and Invasive Non-Native Species Management Plan submitted and hereby approved (drawing numbers 33, 34 and 35 relate) 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 biodiversity.
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11. 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 protecting environmental quality and biodiversity. 12. Prior to the commencement of any works on site, 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. 13. 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. 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 Permission shall not to be issued until the Section 75 Agreement has been signed and registered to take account of this application. The legal agreement should be concluded and completed within 4 months of the date of any Committee approval. Failure to conclude a legal agreement within 4 months will result in the planning application being re-assessed through failing to comply with the associated developer contributions policy and may be ultimately recommended for refusal under delegated powers.
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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. 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 4. 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. 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 take note of the information and advice contained within the consultation response from Scottish Water.
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7. The presence of protected species, and the extent to which they could be affected by the proposed development, should be established before works commence. Should protected species be identified within the site the developer should ensure that all appropriate measures required to comply with the relevant legislation are carried out. 8. 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. Background Papers: 24 letters of representation Contact Officer: Alex Gudgeon Date: 30 August 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING