23/00852/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. 24/246) PROPOSAL: Erection of 9 dwellinghouses and 29 flats in 2 blocks, formation of vehicular access, parking areas, landscaping and associated works LOCATION: Land 60 Metres East of Scotmid, Hatton Road, Rattray, Blairgowrie, PH10 7AW Ref. No: 23/00852/FLL Ward No: P3- Blairgowrie and Glens Summary This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. This project will be a partnership between the developer and Hillcrest Housing Association for 100% affordable housing. A Section 75 Legal Agreement or other suitable mechanism will be required to ensure the development remains as affordable housing, and potentially to secure maintenance or adoption of the open space. BACKGROUND AND DESCRIPTION OF PROPOSAL 1 The site is located towards the northern edge of Rattray accessed via the A93/Balmoral Road. It sits on the eastern side of Hatton Road and to the south of Glenalmond Road with existing housing surrounding the site. A small Scotmid Co-op retail unit lies opposite the site to the west. 2 The site has previously been subject to planning approval for 42 units ref 08/01425/FUL with the time duration extended through a subsequent planning application ref 13/01475/FLL until 12th August 2021. No work on site was commenced and the permission has since lapsed. 3 The original plans submitted were those approved under the 2008 permission. In the time since, new development plans and supplementary guidance have been adopted most notably with an increased focus on placemaking. The agent has responded to officer concerns regarding the layout, siting and design with
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revised plans submitted to address this. These revised plans have been subject to consultation, advertisement and notification. 4 The development is for affordable housing comprising of 9 dwellinghouses and 29 flats split over two blocks. The layout provides areas of communal amenity space, parking courts, bin storage and pedestrian footpath links to adjacent development. The vehicular access is from one central point off Hatton Road. A number of trees will be felled and areas of overgrown planting cleared to facilitate the development with new landscaping and planting proposed. The submitted arboricultural report outlined that 38 individual trees were surveyed, with two further groups of 24, and 176 trees respectively. Of the latter, over a hundred were Silver Birch many of which are self seeded. Other significant trees included: 2 Douglas Fir; 30 Lawson Cypress; 4 Lebanon Cedar; 3 Scots Pine; 1 Sitka Sprice; and, 14 Sycamore. SITE HISTORY 5 The site has had a number of permissions for housing from an approval of 14 dwelling houses in 1997 to 97/00422/FUL Full Planning Permission was approved on 18 June 1997 for the erection of 14 houses, in 2004 the erection of 26 houses and in 2007 42 flats. The most recent approvals follow: 08/01425/FUL Full Planning Permission was Approved on 22 September 2008 for Erection of 42 residential dwellings and formation of new access road 13/01475/FLL Full Planning Permission was Approved on 18 September 2013 for Variation of condition 1 (08/01425/FUL) for extension of time limit. PRE-APPLICATION CONSULTATION 6 The proposed development is not classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was not required to undertake not any formal pre-application consultation with the local community. DEVELOPMENT PLAN 7 The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance. National Planning Framework 4 8 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve peoples’ lives by making sustainable,
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liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 9 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 6: Forestry, Woodland and Trees • Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 15: Local Living and 20 Minute Neighbourhoods • Policy 16: Quality Homes Perth and Kinross Local Development Plan 2019 10 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 11 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contribution • Policy 17: Residential Areas • Policy 20: Affordable Housing • Policy 23: Delivery of Development Sites • Policy 25: Housing Mix • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals
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Statutory Supplementary Guidance 12 • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) • Supplementary Guidance - Placemaking (adopted in 2020) PKC NON STATUTORY GUIDANCE • Planning Guidance - Delivery of Development Sites • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft) NATIONAL GUIDANCE 13 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 14 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements • PAN 69 Planning and Building standards Advice on Flooding • PAN 75 Planning for Transport • PAN 77 Designing Safer Places Creating Places 2013 15 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 16 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and
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away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 17 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. CONSULTATIONS 18 As part of the planning application process the following bodies were consulted: External 19 Scottish Water - No objection subject to standard advice. 20 Blairgowrie and Rattray Community Council - Concerns over height and density of development, loss of trees and errors on plans. The community council have been reconsulted on the revised plans but have not provided any further comment. Internal 21 Biodiversity/Tree Officer - Concerns raised over loss of trees 22 Transportation and Development - No objection, subject to conditions and informatives. 23 Community Greenspace - No response within time, although have verbally confirmed that communal open space would be maintained by the affordable housing provider or adoption covered by legal agreement and/or conditions 24 Affordable Housing Enabler - Supports the provision of affordable housing. 25 Development Contributions Officer - Developer contribution required outlined. 26 Environmental Health (Contaminated Land) - No objection to proposal and no conditions required 27 Community Waste Advisor - Environment Service - Information supplied with regard to provision for waste and recycling facilities. Condition and informative note to be attached.
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Representations 28 12 representations were received. The main issues raised within the representations are: • Adverse effect on visual amenity • Contrary to Development Plan policy • Excessive height • Inappropriate housing density • Inappropriate land use • Lack or loss of car parking • Light pollution • Loss of open space • Loss of sunlight or daylight • Loss of trees • Noise pollution • Out of character with the area • Over intensive development • Contaminated land from fly tipping • Over looking • Road safety concerns • Traffic congestion • Flood risk • Not enough waste provision 29 These issues are addressed in the Appraisal section of the report. ADDITIONAL STATEMENTS 25 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal AA not required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Not required APPRAISAL 31 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
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Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 32 The site is located within the settlement boundary of Blairgowrie/Rattray and is not an allocated housing site. In terms of the principle of development Policy 1 Placemaking, Policy 17 Residential Areas, Policy 20 Affordable Housing and Policy 25 Housing mix of LDP2 apply. In terms of NPF4 Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings, Policy 14: Design, Quality and Place and Policy 16: Quality Homes are all applicable. 33 Policy 1 Placemaking of LDP2 seeks to ensure that all new developments do not adversely affect the areas in which they are located, whilst Policy 17 ensures that all new developments within settlement are compatible with existing uses and do not adversely impact on residential amenity. Policy 20 seeks to provide quality affordable housing, and Policy 25 to ensure that larger sites offer a mix of house types and does place an emphasis on smaller (affordable) homes. 34 In terms of NPF4, Policy 9 Brownfield, vacant and derelict land and empty buildings seeks to encourage, promote and facilitate the reuse of brownfield and vacant land, Policy 14 (Design, Quality and Place) looks to promote good design for all developments and Policy 16 (quality homes) looks to deliver quality and affordable homes across the country. 35 In particular Policy 16 of NPF4 places a strong emphasis on the need for affordable homes and this is reinforced by the Chief Planners Letter June 2024 in light of the national housing emergency. In setting out the Scottish Government’s key priorities, the First Minister confirmed his intention to engage constructively to expand housing supply to meet the needs of the population and tackle homelessness. An all-tenure approach to the provision of new homes, which diversifies supply and provides a mix of tenures, will help to achieve these priorities. The Scottish Ministers have continued to reinforce that policies in NPF4 should be read and applied as a whole and that conflicts between policies are normal and to be expected. The planning system requires decision makers to weigh up all relevant policies, for example, quality homes, brownfield development and town centre living, as well as relevant material considerations in applying balanced planning judgement (section 25 of the Town and Country Planning (Scotland) Act, 1997, as amended). The introduction of NPF4 has not changed this. A recent court decision has also emphasised that the changes to the development plan move housing policy away from disputes over numbers to an approach which seeks to provide homes in suitable locations and that looking
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at the policies as a whole there is an emphasis on quality, diversity and sustainability. 36 The site is considered to be a logical infill residential site given its undeveloped brownfield and vacant status and location within a predominantly residential part of Rattray. It is also important to ensure that the development potential of the site is fully realised to bring forward much needed affordable homes in a sustainable location. 37 The general principle of residential development on this site is therefore acceptable and the proposal and is considered to accord with Policy 17 of the LDP2 and 14 and 16 of NPF4. The proposal is also a brownfield site and therefore meets the requirements of Policy 9 of NPF4 regarding the re-use of brownfield sites. Local Living and 20 Minute Neighbourhoods 38 Policy 15 of NPF4 requires that development proposals contribute to local living where the majority of people can meet their daily needs within reasonable distance of their home. The application site is within an existing residential area and is easily accessible by sustainable modes of transport including public transport, walking, wheeling and cycling networks. The development of the site would provide affordable homes in a location which is well served by local shops, schools, parks and open space within easy walking and wheeling distance and is therefore considered to meet the requirements of Policy 15 of NPF4. Design and Layout 39 The design and scale of development should respect its surroundings and adhere to Policies 1A and B of LDP2, which relate to placemaking. Further guidance is also provided within the associated Placemaking Supplementary Guidance. Policy 1B and 17 of the LDP2 and 14 of NPF4 require new housing development to relate to the established character and density levels within a particular area. 40 The site is characterised by areas of unmaintained planting and an avenue of mature trees which it can be assumed flanked an access drive to a single property which has since been demolished. The proposal has seen substantial revision from the initial submission which included more flatted blocks sited adjacent to single storey dwellings and little connectivity through the site. 41 Nine dwellings are proposed to the north of the site where there is existing lower density housing at Glenalmond Road. The two proposed flatted blocks are sited to the south/east where there are higher density flatted developments at Glenshee Drive/Hatton Road.
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42 The site is predominantly level on all 4 boundaries. Along both Hatton Road and Glenalmond Road the level is a constant +85.0m within the site the levels rise slightly but never rise above +86.0m. 43 The proposed house types are two storey and a simple modern design which is considered to complement the character of the area which is relatively mixed. The flatted bocks are a mix of 2/3 storey with gables and hipped roof arrangement to provide variety and reduce the mass. The flats to the south and east of the site along Glenshee Drive have monopitch roofs which effectively create 4 storey development along certain elevations and are a comparable height to the flats proposed in the site. 44 Most of the surrounding housing is a mix of 60s/70s builds most likely ex council housing stock with the finishes ranging from render wet/drydash to brick with tile or slate roof. The detailed finishing materials are facing buff brick and slate effect tiles which are considered to reflect the finishes found in the area but with a contemporary feel. 45 The garden ground sizes meet the placemaking requirements in terms of garden depths and size. The flats have communal amenity space and areas for bin storage. 46 The scale, form and finish of the buildings and overall site layout is considered to respect the character and visual amenity of the area and therefore accord with policies 1A and B of the LDP2 and 14 of NPF4. Residential Amenity 47 Policy 1A and B and 56 of LDP2 and Policy 14 (c) and 23 of NPF4 require any development to not detrimentally impact on residential amenity and to ensure any occupiers of new development have an adequate level of residential amenity. 48 The Council's guidance generally seeks to ensure there is a minimum distance of 9m from windows to boundaries in order to mitigate overlooking from new development. Given the location of the development and the layout proposed there are not considered to be any overlooking concerns from the proposed dwellings. In this case each dwelling has in excess of 9m deep gardens and more than the required 18m window to window distance required by guidance. 49 The flatted block A/B is to the north of an existing 3 story flatted development. The spacing between the windows and the south site boundary ranges from 15.5m to 23m which meets the requirements set out in guidance. Flatted block C is located centrally within the site with the rear elevation facing the east boundary, the windows are 10m from the boundary which meets the requirements set out in guidance.
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50 The extent in which private amenity space is used relates specifically to the dwellings occupant. It is therefore particularly difficult to forecast the extent of garden ground required and ultimately overtime this will change with any new inhabitant. Nevertheless it is important to seek an outside area that can perform the minimum to be expected of a garden i.e. clothes drying, dustbin storage and sitting out. The site is considered to be of sufficient scale to accommodate appropriate shared amenity space for the flatted development and with the dwelling having in excess o the minimum 80sq m noted in the supplementary guidance. 51 As such, the proposal accords with the intent of NPF4 Policy 14(c): Design, Quality and Place and LDP2 Policies 1A and 1B, Placemaking and Policy 17 Residential Areas in respect of residential amenity. Contaminated Land 52 The site has been vacant for a number of years and there is evidence of fly tipping. A search of the historical mapping has not identified any potential sources of contamination likely to impact upon the proposed development site and there is no further information held by the Authority to indicate that the application area has been affected by contamination. However, it would be the responsibility of the applicant to satisfy themselves that the ground conditions are suitable for the development for which planning consent has been granted. Roads and Access 53 Policy 60B of LDP2 and Policy 13 of NPF4 seeks safe access, egress and appropriate car parking and to encourage the use of sustainable transport. The site is located centrally in Rattray and is well connected to encourage pedestrian movement from the site with the primary school, convenience store and parks within walking distance. The wider is area is also served by a number of bus routes. 54 The proposal has been revised to improve pedestrian links throughout the site and locate parking to the rear of the flats. A new vehicle access is proposed at the southwest edge of the site with pedestrian links to Glenalmond Rd to the north and Glenshee Drive to the east. A condition is required as at one of the path links a wall is located part of which will need to be removed. (Condition 16) 55 The applicant has detailed 39 car parking spaces, excluding private drives – of which two are disabled bays and 8 visitor parking. 56 Three bus services operate along Hatton Road and Glenalmond Road which connect to Blairgowrie, Dundee, and Perth. The applicant is requested to upgrade the existing stop at Ferguson Park Road (NaPTAN: 73726575) by providing a 3 bay bus shelter with a 24/7 electrical power supply to facilitate
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internal LED lighting and an RTPI screen. The finalised design can be provided in detail through discussion with our Public Transport Unit and is covered by condition. (Condition 16) 57 As the site is located in a busy residential area, a construction traffic management plan (CTMP) will be conditioned. (Condition 13) 58 An approved street lighting design is required for any P&KC adoptable areas including alterations/additions to the existing street lighting network bordering the proposed development this will be covered by condition. (Condition 14) 59 In terms of all road related matters, the proposal is acceptable and in accordance with the requirements of Policy 60 of the LDP2 and Policy 13 of NPF4. Drainage and Flooding 60 The site is not within an area of flood risk. 61 The foul drainage is proposed to connect to existing Scottish Water infrastructure. 62 Surface water will be directed to a SUDS area to the east of the site. Full details of surface water drainage will be agreed with the Flood Team prior to commencement of development. A condition will be attached (Condition 5), which ensures the proposals are in accordance with Policy 53 Water Environment and Drainage. Waste Collection 63 The Council’s Community Waste Advisers have been consulted and have provided information on what provision should be made for waste and recycling. The dwellings will receive the 4 bin system and areas for communal bin storage shall ensure that they be no more than 10 metres from refuse collection vehicle with a smooth level surface and dropped kerbs where appropriate. An informative note is recommended with regard to waste and recycling provision will be attached to the permission (Informative 6). Natural Heritage and Biodiversity 64 The Council will apply the principles of the Scottish Government Policy on Control of Woodland Removal and there will be a presumption in favour of protecting woodland resources. Where the loss of woodland is unavoidable, mitigation measures in the form of compensatory planting will be required. This is outlined within Policy 40B of the LDP2 and NPF4 Policy 6(a).
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65 The original submission detailed the retention of pockets of the mature trees but located flatted blocks and access roads within and close to the root protection areas. Whilst it would be the preference to retain trees particularly ones which are category A (of which ten were identified) each site must be judged on its own merits. These trees appear to have previously formed an avenue of planting along what would have been the driveway access to a former dwelling which sat in a large curtilage they therefore had space to grow out with any development constraints. At this time this area of Rattray was characterised by large dwelling plots before the wider development which surrounds the site took place. 66 If the trees are to be retained with adequate spacing to allow them to grow a large proportion of the site would be unavailable for development. In this case the site is within an existing residential area and will provide much needed affordable housing in a locale which is well served by schools, shops, parks etc all within walking distance and served by public transport. Whilst it is unfortunate the trees would be lost it is considered that the development benefits in this case outweigh the tree loss. This is reinforced by the Chief Planners letter, as noted above; the planning system requires decision makers to weigh up all relevant policies as well as relevant material considerations in applying balanced planning judgement. It is considered that a robust replacement planting scheme and biodiversity enhancements can provide some mitigation for the loss. (Conditions 7 & 8). For clarity, the submitted landscaping plans have outlined the provision of 60 heavy standard trees; 35 structure trees, together with native hedgerows and native based shrub mixes. 67 Policy 41 of the LDP2 and 3 of NPF4 seek to ensure that protected species and their habitats are protected. A Preliminary Ecological Appraisal Report has been submitted and is in accordance with best practice. The report identified that no tree had any features of potential value for use by roosting bats and that Badgers are not an ecological constraint at this site – no evidence of resting places or their presence was noted. Recommendations have been made in relation to breeding birds and this will be covered by condition. (Condition 9) 68 Enhancement of biodiversity should be demonstrated in all projects and needs to be site specific based on surveys, location, development size, surrounding habitats and landscape character, and follow ecologist recommendations. The landscaping could be better designed to connect trees and habitat rather than creating islands. Boundary planting that is joined would be welcomed. Details of enhancement measures such as quantity, locations, techniques, timescales and monitoring arrangements are required and will be covered by condition. Condition (10) 69 It is accepted that there will be a loss of habitat as the site as it has been untouched for a significant number of years, but it must also be noted that until a few years ago the site had permission for a larger flatted development. Whilst NPF4 and LDP2 policies place high value on trees and habitats the Chief
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Planner’s letter highlights the housing crisis and emphasises the delivery of housing and in particular affordable homes in the right location. On balance the opportunities this site can offer in the delivery of affordable homes has significant weight and it is considered that a more detailed landscaping plan and a biodiversity enhancement plan could achieve appropriate mitigation. Low and Zero Carbon Generating Technologies 70 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. 71 In this instance, the submission refers to solar panels and improved insulation, but measures have not been shown on the plans. This will be covered by conditions to ensure the proposal complies with the relevant policies. (Condition 6) Developer Contributions Affordable Housing 72 The Council’s LDP2 Affordable Housing Policy requires that 25% of the total number of houses, above a threshold of 5 units, for which planning consent is being sought is to be in the form of affordable housing. The proposal is providing 100% for affordable housing provision, as indicated in the revised Design & Access statement (May 2024). It is understood that a delivery partner (Hillcrest HA) has been identified and that the project will be included in PKCs Strategic Housing Investment Plan with indicative start and completion dates. Primary Education 73 The Council Developer Contributions Supplementary Guidance requires a financial contribution towards increased primary school capacity in areas where a primary school capacity constraint has been identified. A capacity constraint is defined as where a primary school is operating at over 80% and is likely to be operating following completion of the proposed development, extant planning permissions and Local Development Plan allocations, at or above 100% of total capacity. This proposal is within the catchment of Rattray Primary School which is not currently at capacity, so no contributions are required.
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Open Space 74 The 9 properties have their own private amenity space and the flats have area of land around which can serve an ancillary function. An open space/SUDs area is shown to the southeast of the site which is likely to be retained by the housing association rather than adopted by the council. Otherwise the site is very well located and easily accessible on foot to two existing play parks, the skatepark and wider open space. 75 A Section 75 Legal Agreement may be required to ensure that the development remains as 100% affordable housing and to secure maintenance or adoption of the open space. Economic Impact 76 The site will provide economic benefit during the construction phase of the development and see additional economic activity associated to Rattray as a result of an increased population. The proposal also provides needed affordable homes in a sustainable location during a recognised housing crisis. VARIATION OF APPLICATION UNDER SECTION 32A 77 This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the layout and design. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 78 A Section 75 Legal Agreement, or other suitable mechanism may be required to ensure that the development remains as 100% affordable housing and to secure maintenance or adoption of the open space. DIRECTION BY SCOTTISH MINISTERS 79 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 80 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
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Development Plan. Accordingly the proposal is recommended for approval subject to the following conditions. RECOMMENDATION Approve the application subject to the following conditions: Conditions and Reasons for Recommendation 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason - To ensure the development is carried out in accordance with the approved drawings and documents. 3. The dwellinghouses hereby approved shall be used for the purposes of affordable housing as defined in Perth & Kinross Council's Developer Contributions and Affordable Housing Supplementary Guidance 2023. Reason – To comply with the Perth & Kinross Council's Developer Contributions and Affordable Housing Supplementary Guidance 2023. 4. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at any time on Sundays. Reason -: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality during the construction period. 5. 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. 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.
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Reason - To ensure the provision of effective drainage for the site. 6. Prior to the commencement of development hereby approved, a scheme shall be submitted to, and approved in writing by, the Council as Planning Authority that demonstrates how at least 10% of the current carbon emissions reduction set by the Scottish Buildings Standards will be met through the installation and operation of low and zero-carbon technologies. This scheme shall detail the following: a) the technology types; b) illustrate, through technical calculations, that these will meet at least the 10% reduction; c) their siting and location; and d) ongoing operation and maintenance. Once approved, the development shall be completed in accordance with the approved scheme. Reason: In order to comply with Policy 32 of the adopted Perth and Kinross Local Development Plan 2 (2019). 7. Prior to the commencement of the development hereby approved, a detailed landscaping and planting scheme for the site shall be submitted for the written agreement of the Council as Planning Authority. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and installation methods and, species, height, size and density of trees and shrubs to be planted. The scheme as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained, with any planting which 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. 8. Prior to the commencement of the development hereby approved, a detailed plan indicating location, quantity, specification, and maintenance requirements for biodiversity enhancement measures including bat boxes/bricks, swift boxes/bricks, provision of hedgehog highways and wildlife kerbs and native tree and/or hedgerow planting for the site shall be submitted for the further written
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agreement of the Council as Planning Authority. The agreed scheme shall be implemented prior to the bringing into use or completion of the development, whichever is the earlier, and thereafter maintained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority Reason - In the interests of protecting environmental quality and of biodiversity. 9. No site clearance or removal of vegetation, including trees and shrubs will take place between 1st March and 31st August inclusive unless a competent ecologist has undertaken a careful and detailed check of vegetation for active birds' nests immediately before the vegetation is to be cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting birds on site. Any such written confirmation must be submitted to the planning authority prior to commencement of works. 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). 10. 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. 11. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document(s) 15 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). 12. Prior to the occupation of the development or any phase of the development, whichever is the sooner, a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas (other than small privately-owned domestic gardens) shall be submitted to and agreed in writing by the Council as Planning Authority, for its approved use. The landscape management plan as agreed shall, where
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appropriate, include phased implementation concurrent with the development and shall be fully implemented to the satisfaction of the Council as Planning Authority. Reason - To ensure adequate protection for the trees on the site during the construction, in the interests of the visual amenity of the area. 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 (l) traffic arrangements in the immediate vicinity of temporary construction compounds; (m) the provision and installation of traffic counters at the developer 's expense at locations to be agreed prior to the commencement of construction; (n) monitoring, reporting and implementation arrangements; (o) arrangements for dealing with non-compliance; and (p) details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management.
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14. Prior to commencement of any development on site, the street lighting design must be submitted for the further written agreement of the Council as Planning Authority, in consultation with Perth & Kinross Council’s Street Lighting Partnership for the public road network. The scheme shall include details of light spill, brightness of the lighting and the proposed hours of operation for both the public road network and the private areas. The agreed lighting scheme shall be implemented and maintained in full accordance with the agreed scheme. Reason - In the interests of road safety. 15. Prior to commencement of any development on site, a detailed design of the Roads Drainage system shall be submitted and approved in writing by the Planning Authority in consultation with the Roads Authority, taking into account the requirement to ensure that the water from the public road network does not utilise any part of the private system proposed. The Roads Drainage 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 development being completed or brought into use. Reason - In the interests of ensuring an acceptable standard of construction within the public road boundary 16. Prior to the occupation of the first dwellinghouse, the developer shall provide a 3 bay bus shelter at Ferguson Park Road (NaPTAN: 73726575) with a 24/7 electrical power supply to facilitate internal LED lighting and an RTPI screen. The 3 bay cantilever bus shelter shall be supplied and installed with passenger information board, LED spotlights (one per bay), a 28in Ultra-Wide Display Screen for Real Time Passenger Information installed on the approach side of the shelter and a 24/7 electrical power supply to a Haldo pillar adjacent to the shelter to provide power for the LED lighting and Real Time Passenger Information display. The design and specification shall be to the satisfaction of the Council as Planning Authority, in consultation with Perth & Kinross Council’s Public Transport Unit. Reason - In the interest of sustainable travel. 16. Prior to the development hereby approved being completed or brought into use, the footpath marked pedestrian link adjacent to the SUDS/Open Space at the eats site boundary plan no 30 shall be constructed and linked to the footpath on the opposite side of the wall. Reason - In the interests of providing a vital link to wider Rattray and the children’s play park.
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17. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at any time on Sundays. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality during the construction period. 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 it has been confirmed if a Section 75 Agreement is required. If required the decision shall not be issues until the legal 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. 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. 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
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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. 4. 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. 5. No work shall be commenced until an application for building warrant has been submitted and approved. 6. Refuse collection vehicles will only enter the site during development where there is clear access, adequate turning, and a suitable road surface with no raised ironworks. This means that Waste Services may not be able to provide a full kerbside recycling service to residents whilst the build is ongoing, and bins may have to be emptied from a collection point, specified by the area Community Waste Adviser, until full access is made available for refuse collection vehicles. The developer must contact the Community Waste Team to discuss bin collections as the site progresses. 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. The applicant should be advised that in terms of Section 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority consent to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environmental Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 9. 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 Environmental Protection Agency.
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10. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, he/she/they must obtain from the Council, to place, maintain or adjust apparatus in, or under a Road or remove apparatus from a road. Application forms are available at https://www.pkc.gov.uk/article/14916/Road-and-footway-permits. Background Papers: 12 letters of representation Contact Officer: Joanne Ferguson Date: 30tAugust 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING