23/01164/Fll
Perth and Kinross Council · 11 September 2024
Back to Planning and Placemaking Committee — 11 September 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Perth and Kinross Council Planning and Placemaking Committee – 11 September 2024 Report of Handling by Strategic Lead: Economy, Development and Planning (Report No. 24/247) PROPOSAL: Erection of café (Class 3) with drive thru facilities, installation of electric vehicle charging points, landscaping and associated works LOCATION: Land 40 Metres North West of Aldi, Broich Road, Crieff, PH7 3SE Ref. No: 23/01164/FLL Ward No: P6- Strathearn 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. BACKGROUND AND DESCRIPTION OF PROPOSAL 1. Full planning permission is sought for the erection of a cafe (Class 3) with drive thru facilities, installation of electric vehicle charging points, landscaping and associated works at an area of undeveloped ground to the west of the Aldi supermarket on Broich Road, Crieff. The application site also includes part of an area of existing car parking which serves the Aldi store. There are well established and recently constructed residential properties located to the north and west of the site along with a restaurant/café (‘The Steading Courtyard’) to the south west. 2. The supermarket to the east was approved as part of planning permission in principle application 15/01354/IPL which granted planning permission in principle for two Class 1 retail units (1804sqm and 1056sqm). A further permission was then granted solely for the Aldi supermarket development which includes a 154 space car park which was intended to serve the Aldi supermarket and a second retail unit granted by the planning permission in principle. 3. The application site is accessed from Broich Road and through the existing car park that has been constructed in association with the Aldi store. The proposal is for a single storey store extending to 189sqm which will accommodate a coffee shop with ancillary drive thru lane, servery hatch/window, cycle parking, associated car parking spaces including electric vehicle charging points and landscaping. A noise attenuation barrier is also proposed along the north and west boundaries of the site. The building is of a contemporary design with a
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single storey mono pitch roof design. The coffee shop is proposed on the site of what was originally envisaged to be the second Class 1 retail store granted under permission 15/01354/IPL. There is therefore an extant planning permission in principle on this site for a Class 1 retail store. 4. The land is allocated in the Perth and Kinross Local Development Plan 2019 (LDP2) as a Mixed Use Site (MU344) Broich Road North. SITE HISTORY 5. 15/01354/IPL Erection of two retail units (Class 1) and associated works (in principle) – Approved December 2016 6. 17/00976/IPL Application under Section 42 to development land without complying with Conditions 3 and 10 of planning permission 15/01354/IPL – Approved September 2017 7. 17/01955/AML Erection of retail unit, formation of car parking, landscaping and associated works (matters specified by condition 17/00976/IPL)- Approved February 2018 PRE-APPLICATION CONSULTATION 8. Pre application Reference: None undertaken DEVELOPMENT PLAN 9. 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 10. 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, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 11. The Council’s assessment of this application has considered the following policies of NPF4: • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings • Policy 11: Energy • Policy 12: Zero Waste • Policy 13: Sustainable Transport
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• Policy 14: Design, Quality and Place • Policy 15: Local Living and 20 Minute Neighbourhoods • Policy 20: Blue and Green Infrastructure • Policy 22: Flood Risk and Water Management • Policy 23: Health and Safety • Policy 27: City, Town, Local and Commercial Centres • Policy 28: Retail Perth and Kinross Local Development Plan 2019 12. 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. As mentioned elsewhere the site is part of a wider allocation for mixed uses MU344 which includes retail uses. 13. The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 6: Settlement Boundaries • Policy 13: Retail and Commercial Leisure Proposals • Policy 27A: Listed Buildings • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 41: Biodiversity • 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 56: Noise 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 - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020)
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PKC NON STATUTORY GUIDANCE • Planning Guidance - Planning & Biodiversity NATIONAL GUIDANCE 14. 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 15. 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 16. 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 17. Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 18. 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 19. As part of the planning application process the following bodies were consulted:
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External 20. Scottish Water – no objection. Internal 21. Transportation And Development – following submission of additional information regarding trip rates and clarity on parking provision and site layout including pedestrian connections, the proposal is considered to be acceptable subject to conditions. 22. Environmental Health (Noise Odour) – introduction of an acoustic barrier along north and west boundaries has addressed initial concerns regarding noise impact and proposed use can operate without impact on amenity subject to conditions which are referenced in more detail within the appraisal. 23. Conservation Team – set back of acoustic barrier and introduction of landscaping helps to limit impact on the setting of the listed steading to the west. Conditions should be utilised to ensure implementation and maintenance of landscaping Representations 24. 40 representations were received. 37 of these object to the proposal and 3 are in support. The main issues raised within the letters of objection are: • Errors in neighbour notification • Noise pollution/impact on residential amenity • Inappropriate land use • Out of character with area • Over intensive development • Road safety • Traffic congestion • Litter • Air quality • Existing café on site • Visual impact • Against brand of proposed occupier • Impact on existing businesses/competition • Impact on health • Impact on town centre • Proximity to school 25. The main issues raised within the letters of support are: • Provides employment • Support economic development • Enhances character of area • Provides draw to town
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26. These issues are addressed in the Appraisal section of the report. Competition with other businesses and the branding of the proposed coffee shop are not material to the assessment of this planning application. ADDITIONAL STATEMENTS 27. 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 not required Report on Impact or Potential Impact Noise Impact Assessment Transport Statement Air Quality Impact Assessment Planning Statement APPRAISAL 28. 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. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. 29. In this instance, section 14(2) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such an application as this to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Principle 30. The MU344 allocation in the LDP2 states that the retail planning permission on the site should be implemented along with residential development of between 26-40 units. The site subject to this application was always intended for retail use and this is reflected in the planning permission in principle granted on the site. Therefore, the key to the assessment of this application is whether an alternative Class 3, coffee shop use with associated drive thru facilities is appropriate on this site. NPF4 Policy 27 relating to City, Town and Commercial Centres is also applicable. These seek to ensure that the vitality and viability of existing city, town and local centres will be supported. The site benefits from a
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wider commercial planning permission with existing retail and commercial facilities available. 31. Policy 27(d) of NPF4 specifically mentions drive thru facilities and states that "Drive thru developments will only be supported where they are specifically supported in the LDP". This particular site is not allocated in the LDP2 for a drive thru use, however the Chief Planner's letter relative to transitional arrangements states that this policy does not constitute a moratorium or ban on drive thru developments. It states that: "In applying policy 27(d) and whether such developments are supported, planning authorities may regard wider uses that are compatible with the drive through function to be included, as there is no single class of development that this relates to and may sometimes be considered as sui generis. Suitable locations may include for example those allocated for Class 1 shops or Class 3 Food and drink, depending on the nature of the proposal involved in each case. In looking at the potential impact of the development as a whole, as always, decisions will depend on the facts and circumstances of each individual case and regard should be given to wider policies within NPF4, including those relating to reducing emissions that contribute to climate change and to wider policies that aim to improve town centres and support local living." 32. In terms of the considering the acceptability of a drive thru within a town centre, or another retail location, guidance has now been published and it says, 'Through the LDP process, planning authorities should consider whether there is a need for provision of drive-throughs within the area, accounting for any existing provision, impacts and effects upon the existing network of roads, the existing retail offering and distribution in an LDP area, and compatibility of drive throughs with wider uses. To support a healthier food environment hot food takeaways, including permanently sited vans, can be directed towards centres. This can support local living and 20 minute neighbourhoods by helping to create diversity of access to food. It is expected that this would take place in the context of an awareness of the locations of clusters of food outlets selling less nutritious food and drink, alongside a lack of diversity of available foods overall, including access to fresh, nutritious food.' 33. Considering this guidance, and the Chief Planners letter, the proposal is within the MU344 allocation, so it is compatible with the retail use already there, and its allocation for retail. There are no existing drive thru, cafe facilities in Crieff so there is considered to be benefit in having local provision and to avoid patrons travelling further afield to access this type of facility. 34. In terms of impact on the town centre, the Council's recent retail study is relevant to the Council's assessment of the likely impact on the town centre and it notes some factors in relation to the relative health of the centre. It also notes that the café/restaurant provision is one of the key attractors to the town centre. This
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proposal would lessen linked trips to the town centre. The overall conclusion is that the centre of Crieff is struggling with a vacancy rate of 22%. 35. In this particular case, however, the Council has previously accepted retail use on this site of a 1804sqm retail unit (Aldi) and a second retail store of 1,056sqm (on the application site) and have accepted the extent of impact on the town centre of Crieff which these retail units would have. This proposal results in the development of a 189sqm coffee shop rather than a second 1,056sqm retail store. The intention with the original approval for two retail stores on this site was that they were intended to compliment and support each other. The same will apply in this instance. The proposed coffee shop and drive thru is considered to be a complimentary facility within the established and allocated mixed use area and will result in linked trips to the adjacent retail premises at Aldi and B&M to the west. The proposal will support local living as outlined in the paragraphs below. The applicant has also carried out a review of vacant units within Crieff Town Centre following a request from the Planning Authority. Whilst there are existing vacant units in the town centre which could accommodate a coffee shop this requires to be considered in the context of the wider allocation for retail purposes. It is acknowledged that a drive thru cannot be readily accommodated in the town centre. It has been concluded that as of September 2023 there were no vacant units in the town centre which could accommodate the scale of coffee shop proposed here. Whilst it is preferential to have a coffee shop in the town centre, this site in particular has permission in place for retail use and it is considered to be acceptable to have complimentary uses within such areas which will result in linked trips with the established retail uses. 36. The proposal requires to be considered in the context of the approved 1056sqm retail use on this site. It should also be noted that should the previously approved retail unit be constructed there are permitted development rights from Class 1A (Shops) to Class 3 (Food and Drink) and therefore a change between these uses would not require planning permission. 37. In the context of the established mixed use allocation and the presence of an existing permission for a 1056sqm retail store on this site, the proposal for a Class 3 coffee shop with drive thru use is considered to be acceptable and to accord with Policy 13 of the LDP2 and Policy 27 of NPF4. An assessment of the traffic and transport implications of the development is outlined within the paragraphs below. Local Living and 20 Minute Neighbourhoods 38. Policy 15 of NPF4 requires that development proposals contribute to local living. The application site is close to an existing resident population and is easily accessible by sustainable modes of transport including public transport, walking, wheeling and cycling networks. It also sits directly adjacent to existing walking and wheeling routes from adjacent residential development which provides ease of connection. There is also an existing bus service on Broich Road which
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serves the site. The proposal is considered to be a complimentary use to the adjacent supermarket and retail uses and is likely to involve linked trips. The site is within easy walking and wheeling distance to a significant and growing residential population and is therefore considered to meet the requirements of Policy 15 of NPF4. Design and Layout 39. Generally, the design and scale of development should respect its surroundings and adhere to Policies 1A and B of LDP2 which relate to placemaking and Policy 14 of NPF4 which seeks to deliver well designed development. Further guidance is also provided within the Council’s associated Placemaking Supplementary Guidance. 40. The layout follows that which has already been created by the existing supermarket car park with parking proposed to be located to the front (south) of the store. The main pedestrian entrance will be on the south elevation facing onto a landscaped paved area. The drive thru land will wrap around the rear (north) of the proposed store with access on the western side and egress on the eastern side of the building. Pedestrian crossing areas are proposed to connect the site with the Aldi store to the east and the wider car park area. A 3.2m high acoustic barrier is proposed on part of the west and northern boundaries of the site to provide noise attenuation for the residential properties on Railway and Fairview Gardens. A detailed assessment of the noise and residential amenity is undertaken below, as is the impact on the setting of the adjacent listed steading building. 41. The layout is considered to make best use of the site by positioning the proposed building relatively centrally within the site. The landscaping will help to soften the impact of the building to some degree and a condition is recommended to ensure implementation and maintenance of the landscaping. (Condition 3). The site is currently an undeveloped brownfield site and the proposal is considered to make appropriate use of this gap site between the Aldi store to the east and the existing courtyard building to the west. It will also link into the existing car park. 42. The building is proposed to be a typical contemporary store of the operator similar to those seen in other retail parks in Scotland. The building is proposed to be 4.4m in height with a mono pitch roof design and a brick built 3m high signage blade which will sit above the roof line. The south (front) of the store is to be glazed with the remainder of the walls finished in composite cladding. The colour of the cladding panels will be secured by condition (Condition 4). 43. The design and scale of the proposed building is considered to be appropriate in the context of the adjacent larger supermarket to the east and the courtyard steading café/restaurant to the west. The scale, form and finish of the building 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.
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Cultural Heritage 44. The application site sits adjacent to a category B listed steading which is currently operating as a restaurant/café. 45. Therefore, Policy 27A of the Perth and Kinross Local Development Plan 2019 (LDP2) is applicable which seeks to ensure the setting of listed buildings is not detrimentally impact upon. Policy 7 of National Planning Framework 4 (NPF4) is also relevant and seeks to achieve similar aims as the above. 46. The steading to the west of the site is a category B listed building as is the adjacent farmhouse. The MU344 allocation requires the setting of the listed farmhouse and steadings to be respected. The principle of developing this site for a retail use has been established. It is therefore accepted that there will be built development on this site which would have a degree of impact on the setting of the listed steading. During discussions with the applicant's agent the building has been moved further east in the site, slightly further away from the steading building. This is to address the concerns relating to noise (which are referenced further below) but also to limit the impact on the setting of the steading building. There is a requirement for an acoustic barrier to be installed along part of the west and north boundaries of the site to mitigate noise from the operation of the coffee shop and drive thru and given the scale there was some concern regarding how this would impact on the listed building setting. The acoustic barrier has been set back from the boundary of the site and is proposed to be tapered into the site at the top to limit its vertical emphasis. A planted landscape strip and hedging is also proposed between the barrier and the site boundary (Condition 3). This solution is considered to be sufficient to limit the extent of impact on the setting of the listed steading to an appropriate degree. The proposal is therefore considered to accord with Policy 27A of the LDP2, the requirements of the MU344 allocation and Policy 7 of NPF4. Residential Amenity/Noise 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. There are residential properties located to the north and west of the application site at Railway Gardens and Fairview Gardens and there is potential for noise from the operation of the coffee shop and drive thru to impact on residential amenity. 48. Following consultation with Environmental Health, a Noise Impact Assessment (NIA) was requested to assess the extent of potential impact on these properties from the operation of the coffee shop and associated drive thru. 49. The store operating hours are to be 0700 to 2100 hours Monday to Sunday. 50. The NIA assessed noise from proposed external plant compound to be located on the west elevation of the proposed café building, deliveries which will be made at the front of the building on the south elevation and customer activity noise
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which includes the operation of the ordering system and vehicle movements through the drive thru. 51. The closest receptors to the site are two storey dwellinghouses at Fairview and Railway Gardens to the north west and a dwelling at Duchlage to the south west. 52. The NIA has assessed background noise levels in the area with these being 41dB within store opening hours (0700-2100hrs) and 27dB during the night time period (2200-0700hrs). 53. The modelling which was undertaken is based upon the installation of an acoustic barrier of 3.5m. Noise from the operation is split into customer activity noise, delivery noise and plant noise. Customer Activity Noise 54. The noise level of the intercom ordering system has been based on the operation of similar stores and the operational noise will be no more than 70dB(A) at 1 metre for both the coffee shop operator via a loudspeaker system and also the person placing the order. The model predicted that the external noise level at the nearest receptor at Fairview Gardens is no more than 25dB(A) and at Duchlage 31dB(A). 55. Therefore, noise from the intercom ordering system is in line with BS4142 (British Standards) would be classed as negligible. 56. The drive thru facility is expected to see the passage of 50 separate vehicles per hour at 5km/h and the modelling predicted noise levels, from worst case scenario of 50 vehicles manoeuvring along the drive thru roadway, at Fairview Gardens outside the top floor window is 40dB(A) LAeq,1hr . This is 4dB below the representative background noise level and therefore acceptable. Delivery Noise 57. The proposed servicing is to be during off peak periods within the trading hours of the store. 58. Calculations and modelling was undertaken using library data for metal cages deliveries on tarmac surfaces giving a resultant Sound Power Level of 86dB(A) Leq 45mins. 59. The NIA states that the store delivery management plan states that refrigeration unit lorry engines will be turned off during the unloading period. 60. Modelling indicated that the worst case scenario from the unloading of stock outside the closest dwellinghouse at Fairview Gardens is 33dB(A), with the acoustic fence in place which is acceptable.
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Plant Noise 61. The final plant scheme for the store has not yet been confirmed although a designated area for plant has been allocated within a compound along the west elevation of the store. The compound will have solid sides all standing taller than the plant and thereby providing visual and acoustic screening to the plant in addition to the acoustic barrier that is also proposed along the northern and western boundaries of the site. 62. The plant assessed was of that used for other similar sized stores and the predicted worst case noise level is 33 dB(A) outside the top floor windows of the closest dwelling within Fairview Gardens. This is at least 11dB below the typical background noise level and in line with the background noise level. The noise impact from the operation of the plant is therefore expected to be very low. 63. The NIA assessed against the standards NR 35 Daytime and NR25 night time plant noise condition and concluded that this condition could be satisfied within the closest dwellinghouses. 64. Following assessment of the NIA, the noise levels are considered to be acceptable subject to conditions which ensure limits on plant noise levels, implementation and maintenance of the acoustic barrier, limits on servicing and deliveries, operational hours, lighting and ventilation and measures to deal with dust during construction and noise complaints. (Conditions 5-13). 65. Subject to these conditions, the proposal is considered to comply with policies 1A and B and 56 of LDP2 and Policy 14 (c) and 23 of NPF4. Traffic and Access 66. 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. As outlined above the Council has previously accepted a 1056sqm retail unit on this site and therefore the assessment of the traffic and access implications of the proposed coffee shop and drive thru require to be considered in that context. 67. The submission includes details of the trip levels associated with the proposed development and a comparison with the approved Class 1 retail use on the site. The Transport Statement highlights that the proposed drive thru will generate 45 and 38 vehicle trips in the AM and PM peak hours respectively. As a result the change from a class 1 store to a coffee shop with drive thru will result in the same number of trips in the AM peak and less trips in the PM peak. This is not considered to have a material impact on the operation of the road network and the calculations have been accepted by the Council's Transportation and Development Department. Furthermore, a large portion of the coffee shop/drive thru trips are likely to be linked trips associated with trips to the adjacent Aldi, B&M and by parents visiting the adjacent schools.
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68. Therefore, in summary the proposal does not result in any additional trips in the AM and less trips in the PM when compared with the consented Class 1 retail use on the site. 69. As mentioned elsewhere the site has been laid out to allow users to link to the adjacent car park. There is appropriate existing provision for pedestrians and those wheeling and cycling to access the site from nearby residential areas. 70. All servicing for the site will be undertaken utilising the shared serviced yard to the rear (north) of the Aldi store. 71. The applicant is proposing to utilise the current car park associated with the site, albeit there is an element of reconfiguration that will occur to support the development including: - Relocation of two disabled parking bays - Additional two standard electric charge point spaces - Relocation seven parent and child spaces with the provision of an additional one space - Loss of nine standard parking bays 72. The level of car parking within the wider car park was designed to cater for the second Class 1 retail store on this site and therefore the car parking arrangements, even with the reconfiguration referenced above is considered to be sufficient to cater for the coffee ship/drive thru. A condition is also recommended to ensure the provision of cycle parking on the site (Condition 14). 73. There are no changes proposed to the existing segregated route to Duchlage Court to the north of the site with connections provided from the site to this route and other routes through the existing car park. 74. The proposal is considered to be acceptable in terms of traffic generation, access and parking provision and therefore accords with the requirements of the Development Plan and National Roads Development Guide. Conditions are recommended to ensure implementation of the revised parking arrangements (Condition 15), the submission of details of proposed cycle parking (Condition 14) and a Construction Traffic Management Scheme (Condition 16). Air Quality 75. The application site is located within the Crieff Air Quality Management Area and therefore an Air Quality Impact Assessment has been submitted. 76. The Air Quality Impact Assessment states that the volume of traffic generated by the proposed development is significantly less than that for the previously
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approved 15/01354/IPL development and therefore represents a betterment compared to the committed development with a net reduction of two-way movements on the A85 compared to the approved development. 77. It also states that the impacts from the proposed scheme are predicted to be of negligible significance in terms of the assessment framework in the Institute of Air Quality Management Guidance. 78. Environmental Health have reviewed this and are content with the conclusions and have no objections to make with regards to the effects of the development on local air quality and the Crieff's Air Quality Management Area. Lighting 79. Policy 55 of the LDP2 and 14 of NPF4 states that consent will not be granted for proposals where lighting would result in obtrusive or intrusive effects. Low level bollard lighting is proposed within the site which is considered to be acceptable, and a condition is recommended to ensure there is no light spill into neighbouring land (Condition 10). Drainage and Flood Risk 80. Policy 53B of LDP2 and 22 of NPF4 relates to foul drainage and states that developments within or close to settlements should connect to the public sewer unless there are specific costing reasons as to why a public sewer connection is not possible. Furthermore, Policy 53C requires surface water drainage to be catered for by an appropriately designed Sustainable Urban Drainage System (SUDS). The development is proposed to connect into the public waste water system and surface water is proposed to be adequately catered for. The exact design detail can be secured via the building warrant process. 81. There are no flood risk concerns with the site. 82. The proposal is therefore considered to accord with the above policy framework. Ecology 83. Policy 41 of the LDP2 states that the Council will seek to protect and enhance all wildlife and habitats, whether formally designated or not, considering natural processes in the area. Policy 3 of NPF4 contains similar requirements. Planning permission will not be granted for development likely to have an adverse effect on protected species unless clear evidence can be provided that the ecological impacts can be satisfactorily mitigated. 84. As the site is currently undeveloped brownfield land it is not considered to have an ecological value and therefore no ecology survey is required. Biodiversity enhancement will be provided through the additional landscaping which is proposed.
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85. The proposal is therefore considered to meet the requirements of Policy 3 of NPF4 and Policy 41 of the LDP2. Neighbour Notification 86. There was an initial error in the neighbour notification which was undertaken which was resolved during a re-notification period following the submission of additional information. Low and Zero Carbon Generating Technologies 87. 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, the building has been designed to be energy efficient and to meet and exceed current building regulations. The proposal also includes the introduction of electric vehicle charging infrastructure within the car park. The proposal therefore complies with the relevant policies. VARIATION OF APPLICATION UNDER SECTION 32A 88. 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 to accommodate a noise attenuation barrier. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 89. None required. DIRECTION BY SCOTTISH MINISTERS 90. 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 91. 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
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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 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 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; to ensure a satisfactory standard of local environmental quality. 4. Prior to the commencement of the development hereby approved, details of the specification and colour of the proposed external finishing materials to be used shall be submitted to and agreed in writing by the Council as Planning Authority. The scheme as agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. 5. 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
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any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 6. Prior to the operation and/or use of the development hereby approved, whichever is the earliest, an acoustic imperforate barrier rising to a total height of 3.2 metres above ground level with the top 1 metre cranked at a 45 degrees towards the drive-thru roadway with a minimum superficial mass of 12kg/m2 shall be installed in accordance with Appendix B site plan layout of the " Starbuck Crieff Noise Impact Assessment" dated 24 May 2024 (doc ref: 21) and the associated drawings (doc ref:12, 13 and 14). The acoustic barrier shall be retained and maintained for the lifetime of the development. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 7. Servicing of and deliveries to the premises shall be carried out between 0700 and 1900 Monday to Saturday only, with no servicing or deliveries permitted on Sundays. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 8. All delivery vehicle engines shall be turned off during the unloading period of any delivery to the premises. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 9. The hours of operations shall be restricted to 0700 hours to 2100 hours daily. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 10. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 11. Prior to the development hereby approved being completed or brought into use, an effective ventilation system commensurate with the nature and scale of cooking to be undertaken shall be installed and operated such that cooking
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odours are not exhausted into or escape into any neighbouring buildings. Thereafter the system shall be maintained. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 12. Prior to the commencement of any development a Construction Dust Management Plan (CDMP) shall be submitted to and subsequently approved in writing by the Planning Authority. The CDMP shall include procedures and mitigation measures for the control of dust to prevent or minimise the release of dust during any stages of the construction period of the development. The construction of the development shall proceed in strict accordance with the CDMP. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 13. In the event that justified complaints for noise are received by the Council, the applicant at their own expense, shall employ a consultant to carry out an assessment of noise from the development, with the appointment and methodology to be approved in writing by the Planning Authority. Thereafter the recommendations/mitigation measures along with timescales for implementation which result from this assessment shall be incorporated into a Noise Management Plan (NMP). The NMP shall be submitted to the Planning Authority within 28 days of the assessment and requires to be approved in writing by the Planning Authority. All operations shall proceed in accordance with the approved NMP. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 14. Prior to commencement of any development on site, a detailed design for the proposed secure covered cycle parking facility for a minimum of 6 cycles shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The cycle parking, as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority prior to the development being brought into use. Reason - To encourage active travel and meet advice within Scottish Planning Policy on transport. 15. The car parking layout, as approved in drawing 15, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority prior to the development being brought into use. Reason - To ensure adequate provision of car parking (including disabled bays)
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16. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: (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) arrangements to allow the safe operation of the existing car parking facilities (d) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; (e) 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 and cyclists; (f) arrangements to ensure that access for emergency service vehicles are not impeded; and (g) 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. 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 None. INFORMATIVES 1. Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the planning authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. Please use the form attached herewith.
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3. No work shall be commenced until an application for building warrant has been submitted and approved. 4. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 5. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 6. The applicant can seek guidance on the detailed design and positioning of the cycle storage from Transport Scotland's Cycling by Design 2021 or similar design guide. Background Papers: 40 letters of representation Contact Officer: John Williamson Date: 30th August 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING