24/00509/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. 24/249) PROPOSAL: Erection of a dwellinghouse LOCATION: Land 30 Metres South Of Keithleyhead, Western Road, Auchterarder Ref. No: 24/00509/FLL Ward No: P7- Strathallan Summary This report recommends approval of a detailed planning application for the erection of a new dwelling within Auchterarder 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. A Developer Contribution towards primary education and transport infrastructure would require to be settled prior to the issue of the planning decision notice. BACKGROUND AND DESCRIPTION OF PROPOSAL 1. This planning application seeks to obtain a detailed planning permission for the erection of a large dwelling within an area of existing garden ground that is associated with a property called ‘Keithleyhead’, a large detached property in Auchterarder. The site is located off a shared private vehicular access locally named Bogie Brae Lane, which joins the A824 (Western Road), at its western end. 2. The main part of the site is a slightly off set rectangle and sits between existing properties to the northwest (‘Keithleyhead’), to the west and south (‘Amoy’), to the south east (‘Lammermuir’) and to the east (‘Merrion’). Bogie Brae runs along the northern boundary of the site, with a tree belt to the north of the lane and a public park further beyond. 3. The proposed dwelling will offer two levels of accommodation, with the upper level partly within the roofspace. A new vehicular access is to be formed onto Bogie Brae, and to facilitate this a small section (circa 7m) of an existing stone boundary wall will be removed, as well as a large evergreen /small tree (likely to be a rhododendron or species of Laurel), unmanaged ivy bushes and domestic hedging. The house will be finished with red rosemary tiles and wet dash render,
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with multi paned uPVC windows in a traditional style. The proposal will require a reduction in ground levels to create a flat area for the dwelling. The foul drainage will be connected to the public drainage system, whilst with surface water will be disposed of via soakaways within the site’s boundary. 4. It is noted that within some of the letters of representation concerns have been raised that the proposal will be used as a short term let (STL) and not a private dwelling. This planning application is for a private dwelling. Any proposal to use the property as a STL in the future (if approved and build) would be assessed on its own merits in terms of whether planning permission would be necessary and if so, any future planning application would be assessed against the relevant Development Plan policies at the time, and other material considerations considered. SITE HISTORY 5. Detailed planning permission was granted on the site in 2011 (10/00176/FLL) for a large dwelling, which offered accommodation over two levels – with the upper level largely within the roofspace. That permission has now expired. 6. In 2021, a detailed planning application (20/01727/FLL) seeking a revised house type to the one which was approved in 2011 was applied for. However that application was refused under delegated powers principally on two grounds. Firstly, due to the likely impact on adjacent neighbours’ amenity, and secondly due to the probable impact on the visual amenity of the area. This current application is essentially an amended version of that proposal and looks to address the previous reasons for refusal. ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 7. The proposal is not an EIA development. PRE-APPLICATION CONSULTATION 8. 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 9. The Development Plan for the area comprises National Planning Framework 4, the Perth and Kinross Local Development Plan 2 (2019) and the Council’s Statutory Supplementary Planning Guidance (SPG).
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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 1: Tackling the climate and nature crises • Policy 2: Climate mitigation and Adaptation • Policy 3: Biodiversity • Policy 14: Design, Quality and Place • Policy 16: Quality Homes Perth and Kinross Local Development Plan 2 (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. 13. The site lies within the settlement boundary of Auchterarder where the following policies are applicable, • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 17: Residential Areas • Policy 32: Embedding Low and Zero Carbon Generating Technology • Policy 41: Biodiversity • Policy 60: Transport Standards Statutory Supplementary Planning Guidance 14. The following statutory SPGs are applicable to this proposal, • Developer Contributions & Affordable Housing 2023 • Placemaking Guide 2020 PKC NON STATUTORY GUIDANCE 15. The following non-statutory PG are applicable to this proposal, • Planning & Nature
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NATIONAL PLANNING GUIDANCE 16. 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 17. 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 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: External 20. Scottish Water – No objection to the proposal in terms of capacity issues. Separate permission will be required from Scottish Water to connect to their assets. Internal 21. Development Contributions Officer – Contributions in relation to both Primary Education (£6300) and Auchterarder A9 Junction Improvements (£3450) are required. 22. Transportation And Development – No objection to the proposal in terms of the impact on the local road network, road and pedestrian safety and the proposed onsite parking and turning provision. REPRESENTATIONS 23. Six letters of representations were received, of which all were objecting to the proposal. The main issues raised within the representations are: • Contrary to the Development Plan • Impact on residential amenity
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• Visual Impact • Impact on ecology / trees • Concerns over collection of bins • Traffic implications • Concerns over foul drainage 24. These issues are addressed in the Appraisal section of the report. ADDITIONAL STATEMENTS 25 Screening Opinion EIA required Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations AA not required Design Statement or Design and Access Statement Not required Report on Impact or Potential Impact Basic tree survey submitted APPRAISAL 26. 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 the NPF4, LDP2 and the Council’s statutory SPGs. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. 27. In terms of other material considerations, this involves considerations of both the sites previous planning history and the Council’s other non-statutory policies and supplementary guidance, namely our Planning Guidance on Planning and Nature. Policy 28. In terms of land use policy, there are relevant policies found in all parts of the Development Plan. 29. In terms of the NPF4, Policies 1 and 2 (Climate Change) looks to ensure that all new developments consider climate change responsibilities, and the ongoing need to get to net zero for carbon emissions. Policy 3 (Biodiversity) looks to provide biodiversity enhancement to new developments as well as mitigation and protection, whilst Policy 14 (Design, Quality and Place) looks to ensure that all new developments are of a high design standard. Policy 16 (Quality Homes) looks to promote quality new homes across Scotland.
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30. In terms of the LDP2, the site lies within the settlement boundary of Auchterarder where Policies 1 (Placemaking), 17 (Residential areas), 32 (Embedding Low and Zero Carbon Generating Technology in New Developments), 41 (biodiversity) and 60 (Transport Standards) of the LDP2 would all be directly applicable. 31. Policy 1 seeks to ensure that all new development does not have an adverse impact on the area in which the development is proposed, whilst Policy 17 seeks to protect existing residential areas and to ensure that the character and amenity of those areas are respected by what is proposed. Policy 32 looks for all new buildings to demonstrate how new buildings are meeting current carbon emission targets. Policy 41 seeks to ensure that wildlife and ecology are protected, and where possible enhanced, and Policy 60 looks to ensure that all new proposals accord with the Council’s standards in terms of all road related matters. 32. In terms of SPGs, the Council’s policies on Placemaking and Developer Contributions are applicable. Land Use Acceptability 33. Detailed planning permission has been obtained on this site in the past for a dwelling, and whilst that permission was in 2011 and has now expired, the comparable land use policies relating to new development within a settlement on ‘white land’ would have been very similar back then to what they are now. It has been the case for sometime now, through a number of LDPs, that within settlements new housing opportunities on land which has not been on identified for another use (such as open space) is generally encouraged, providing that the development does not adversely impact on the character of the area, and does not adversely impact on existing residential amenity. The current wording of Policy 17 of the LDP2 continues to reflect this position. 34. The site is essentially a backland site when viewed from the A824 to the west. Backland development is normally considered to be undesirable and is resisted – especially if there are no other similar developments in the local area which are comparable, which would be the case here. The Council’s Placemaking Guide 2020 makes specific reference to this point. 35. However, if you consider Bogie Brae as the main ‘focal point’ (as opposed to the A824), then the backland nature becomes more akin to being an obvious ‘infill’ opportunity, as the site would be seen in the context of siting between two existing properties, ‘Merrion’ to the south east and ‘Keithleyhead’ to the north west - with the site frontage facing towards the private access. To the rear (south), the site would also be adjacent to other existing residential curtilages. 36. There is very little on the old e-file in relation to this issue, however on the basis that planning permission was eventually granted in 2011 it is assumed that a settled view was taken that the site was not backland (from the A824) but was more an infill opportunity, which is generally supported. This approach and
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assessment, is considered a reasonable approach to take for this current proposal also. 37. As such, the principle of a residential development on this site is both established and constant with current Development Plan policies, and the principal consideration of this application is whether or not the design changes have addressed the visual and residential amenity issues which were raised during the consideration of the previous planning application in 2021. Visual Amenity, Design and Layout 38. During the consideration of the 2010 planning application there was considerable thought given to making a balanced transition between the large ‘Keithleyhead’ property to the north west of the site, and the smaller ‘Merrion’ to the south east. The result was a low ridged dwelling coming forward with accommodation within the roofspace - which was not too overbearing in relation to ‘Merrion’ which is of a single storey, hipped roof design with accommodation in its roofpsace 39. One of the principal reasons for refusing the 2021 proposal was because the house type which was brought forward compromised a full two storey property which did not deliver a balanced transition between the two buildings of differing heights at either side. It was the view at the time that the proposed house type would have looked out of character with the area and would have introduced an incongruous and unbalanced relationship with the neighbouring properties. 40. The applicant has taken on board these concerns and has looked to create a better transmission between the two properties. Whilst the proposal still offers two levels of accommodation, the height of the dwelling has been reduced by approx. 1.7m from the refused application, and in excess of a 1m from the previous approved application. The upper level of accommodation is now partly within the roofspace with the use of dormer windows, which is a significant change from the 2021 design. 41. In addition to this, the applicant is proposing to lower the ground levels across the site. The combination of these design changes now results in a dwelling which would not dominate or compete with the smaller ‘Merrion’ and sit more comfortably within the streetscene. The relationship between the new dwelling, and ‘Keithleyhead’ and ‘Merrion’ can be seen on Plan 04 which shows a useful sectional detail along Bogie Brae Lane. 42. To address overlooking issues with neighbouring properties, a previous balcony feature which was included in the 2021 design, and which had long views to the south west has been removed which eliminates one of the previous significant concerns in terms of overlooking and loss of privacy. Whilst a personal view (in isolation) is not a material planning consideration, the reduction in height will go some way to reducing the impression of the proposed new house being overly oppressive when viewed from neighbours’ curtilages, and properties.
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43. Within the letters of representations concerns have been raised that the removal of a small section of stone wall would have an adverse impact on visual amenity of the area, and that the house proposed is too large for the site and constitutes over development of the site. 44. In terms of the loss of the stone wall, the wall in question does have some degree of local interest and it does frame the southern side of Bogie Brae. It is however not listed nor within a Conservation Area, and there is no special protection afforded to it. To facilitate the new access, only a circa 7m opening is proposed, with the reminder of the wall being retained. The exposed opening would be suitably finished with new pillars, to avoid structural issues as well as for visual amenity reasons and a very similar sized opening was proposed and accepted for the approved scheme in 2010. In light of this, the proposed removal of a section of the wall is acceptable. 45. In terms of the question that the dwelling is too large for the site, and the proposal is over development of the site, the principal part of the site measures circa 1000sqm in area. The footprint of the dwelling is around 185sqm, which is less than 20% of the overall plot. A good level of usable private amenity is provided and the depth of the principal garden area meets with the Council’s standards (9m+). In all, the size of dwelling and its associated amenity space raises no issues with the Council’s plot ratio standards as set out within the SPG on Placemaking. 46. In all, the amendments made from the 2021 proposal address all the principal design and amenity concerns, and the proposal now complies with the relevant design and placemaking policies of the Development Plan. Residential Amenity 47. There are neighbouring properties surrounding the site on 3 of its 4 sides, so there need to be careful consideration to the interaction with existing residential amenity. The current proposal has been amended from the 2021 proposal to address some of the concerns over overlooking and loss of privacy, and the removal of the balcony feature is a significant improvement which will reduce the potential for ease viewing of other properties and their private amenity space. 48. There would be limited direct interaction between windows to the south east and south due to the combination of the design of the dwelling and distances from the boundaries, which is all in accordance with the Council’s Placemaking standards. The only area of interaction would be via a first floor breakfast room window on the northwest elevation, which would be around 6m from the boundary with ‘Keithleyhead’. Some degree of interaction within towns and villages does occur, and as ‘Keithleyhead’ is within the ownership of the applicant currently, the impact on its amenity would be known to any new owners of the property before they opt to purchase (or move in). It is also the case that in towns and villages there is often some degree of overlooking and interaction between properties and ensuring there is absolutely no overlooking and no windows within 9m of an
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existing boundary is perhaps an unreasonable position to take for all instances. The key test is whether the degree of overlooking becomes unacceptable or whether any likely impact is within acceptable standards, and in this case, it is the latter. Roads and Access 49. The vehicle access to the site would be via Bogle Lane, an existing private shared access which serves several other dwellings. That access then leads westwards to the A824 where it forms a priority junction onto A824. There is an area for vehicles to pass close to the junction, but no further formal passing places along its length. There is however a wide grassed verge running the length of the boundary wall of ‘Keithleyhead’ which could be used informally for passing of wider vehicles. 50. There is an electricity pole east of the proposed site, on the edge of the private access track, which is not marked on the drawings. Care must be taken that the proposed new driveway access does not affect this pole or its infrastructure and an informative note (No. 4) is attached to that effect. In terms of parking provision space for two vehicles is shown in the plans which is in line with the requirements of the National Roads Development Guide. 51. In terms of all road related matters, the proposal is acceptable and in accordance with the requirements of Policy 60 of the LDP2. Drainage and Flooding 52. The foul drainage for the new dwelling will be connected to the public drainage system. In terms of surface water, this will be disposed of within the site’s boundaries to ensure that no water is shed onto neighbouring land. A condition is recommended to this effect (Condition 11). Waste Collection 53. The collection of waste and recycling will be the at the western end of Bogle Lane, as per the existing agreement for the dwelling which are located along this private access. There is sufficient space at the end of the road to accommodate extra bins, but for clarification purposes the applicant will be asked to demonstrate this prior to the development commencing (Condition 4). Conservation Considerations 54. The proposal raises no issues in terms of impact on any listed building, conservation area or local archaeology.
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Natural Heritage and Biodiversity 55. The 2021 refusal included reasons relating to the lack of a tree survey, and ecology work. Since that refusal, a large sycamore tree within the site has been removed. With this tree removed, only one large evergreen bush/tree, unmanaged ivy and an internal domestic hedge along the northern boundary of the site will be directly affected and require removal. Whilst the removal of the large sycamore, prior to a full assessment of its health and qualities had taken place is regrettable, the tree had no special protection and its removal has not breached any planning restrictions. Any potential wildlife crime related to the tree removal would be a matter for the police to investigate (if desired) and not for the Council as Planning Authority to follow up. 56. The removals of the large evergreen shrub, ivy and domestic hedging required to facilitate the new access are not of the level which would ordinarily require detailed surveys for either trees or ecology, and in principle raise no particular concerns. In order to ensure that suitable compensatory planting and enhancements are delivered for both bio-diversity value, visual amenity value and also climate change interests – a suitable planting scheme will be requested prior to any development commencing which will deliver replanting on a ratio of 1:3 for the loss (Condition 3). Other existing ornamental trees at the rear of the site will be protected during the construction phase (Condition 6). Bat and bird boxes will also be required within the curtilage of the site (Condition 5), and informative notes to avoid the bird nesting season and to be mindful of bats as a precautionary approach are recommended (Nos 6-8). Subject to these requirements and notes, the proposal would algin positively with the various tree, biodiversity and climate change policies of the Development Plan. Low and Zero Carbon Generating Technologies 57. Policy 32 of the LDP2 requires proposals for all new buildings 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. To deliver this requirement, there will be a conditional requirement (Condition 12) for a statement to be submitted demonstrating compliance with this requirement. Subject to this, the proposal is consistent the climate mitigation policies of the Development Plan. Public Access Rights 58. Bogie Brae is part of a core path route. The use of the private access as a core path during the construction phase will need to be suitably controlled to avoid conflict and safely issues occurring but this is not a unique issue, and occurs frequently across a number of site. To help ensure the applicant manages situation in line with legal requirements (and good practice), a condition has been added to ensure that access is not impeded during construction (Condition 10).
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Developer Contributions 59. Developer contributions in relation to both Primary Education and A9 Junction Improvements are required to be secured. This could be secured either by up- front payment or via s75 legal obligation prior to the release of the planning decision notice. Economic Impact 60. The proposal would have limited impact on the economy of the area, and any impact would be limited to the construction phase. VARIATION OF APPLICATION UNDER SECTION 32A 61. None made. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 62. Only required if a financial payment is not received upfront, prior to the release of the planning decision notice. DIRECTION BY SCOTTISH MINISTERS 63. 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 64. 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, the adopted LDP2 and statutory SPGs. Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. The application is therefore recommended for approval. RECOMMENDATION Approve the application, subject to the following conditions: 1. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason - To ensure the development is carried out in accordance with the approved drawings and documents.
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2. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 3. Prior to the commencement of the development hereby approved, a details landscaping and planting scheme shall be submitted to and approved in writing by the Council as Planning Authority. The plan must include replacement tree planting on a ratio of 1:3 and include native, bio-diversity friendly species. The approved details shall be implemented in full prior to the end of the first planting season following the first occupation of the dwelling. Any planting failing within the first 5 years shall be replaced within the next available planting season on a like for like basis. Reason - In order to clarify the terms of this planning permission and to provide for bio-diversity enhancement. 4. Prior to the commencement of the development hereby approved, detailed drawings showing waste and recycling facility enclosures or waste and recycling facility storage areas and associated locations for bin presentation shall be submitted to and approved in writing by the Council as Planning Authority. The dwelling shall not be occupied until the approved details have been implemented in full. Reason – In order to clarify the terms of this planning permission. 5. Prior to the first occupation of the dwelling, two bat boxes and two bird nesting boxes shall be installed within the curtilage of the dwelling. All the boxes shall be installed in line with the guidance and specification of the Scottish Wildlife Trust, and once installed shall thereafter be retained in a useable condition. Reason – In order to provide biodiversity enhancement. 6. No further trees or hedgerows shall be removed until approved by the Council as Planning Authority. Prior to the commencement of the development hereby approved, a 1:200 site plan which identifies a) all trees and hedges to be retained and b) the Construction Exclusion Zone (CEZ) shall be submitted to and approved in writing by the Council as Planning Authority. This plan shall ensure all fencing adheres to BS 5837 2012: Trees in Relation to Design, Demolition and Construction. The CEZ as subsequently approved shall be strictly adhered to during the entire duration of the construction phase of the development. Reason - In order to clarify the terms of this permission and to protect the existing trees and hedges from unnecessary damage and removal
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7. Prior to the commencement of the development hereby approved, all trees and hedges on site and along its boundary (other than those marked for felling via condition 6) and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the entire duration of the construction phase of the development. Reason - In order to protect the existing trees and hedges from unnecessary damage and removal 8. For the avoidance of doubt, the finished floor level of the dwelling shall be 119.15m AOD. Prior to the commencement of the development hereby approved, details of the means of dealing with the excess soil as a result of obtaining the 119.15m AOD level shall be submitted to and approved in writing by the Council as Planning Authority. The approved details shall thereafter be implemented in full. Reason – In order to clarify the terms of this planning permission. 9. Prior to the commencement of the development hereby approved, details of the finishes of the exposed opening in the existing stone shall be submitted to and approved in writing by the Council as Planning Authority. The approved details shall thereafter be implemented in full prior to the first occupation of the dwelling. Reason – In the interest of protecting the visual amenity of the area, and the structural integrity of the boundary wall. 10. The asserted right of core path along Bogie Brae Lane must not be obstructed during building works or on completion of the development. Any damage done to the route and/or the associated signage during building works must be made good before the development is completed or brought into use, whichever is the earlier. Reason – In order to ensure public access rights remain unaffected. 11. Surface water shall be managed so that no water is shed onto neighbouring land. Reason – In order to ensure the site is adequately drained and there is no adverse impact on neighbouring land. 12. Prior to the commencement of the development hereby approved a statement which demonstrates how 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 shall be submitted to and approved in writing by the Council as Planning Authority. The approved details shall be implemented in full.
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Reason – In order to comply with the Development Plan requirements. 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 1. The formal decision notice shall not to be issued until the applicant has either paid the developer contributions ‘up front’ within 28 days of this Committee approval, or completed a Section 75 Agreement within 4 months of the date of this Committee approval. Failure to meet either timeline will result in the planning application being re-assessed, and may be ultimately recommended for refusal under delegated powers due to failure to comply with the Council’s SPG on Developer Contributions and Affordable Housing (2023). INFORMATIVES 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. No work shall be commenced until an application for building warrant has been submitted and approved. 4. The applicant should be mindful of the electricity pole east of the proposed site, on the edge of the private access track, which is not marked on the drawings. Care must be taken that the proposed new driveway access does not affect this pole or its associated infrastructure. 5. 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 6. Existing buildings or structures may contain nesting birds between 1st March and 31st August inclusive. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove,
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damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 7. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 8. The presence of protected species, and the extent to which they could be affected by the proposed development, should be established before works commence. Should protected species be identified within the site the developer should ensure that all appropriate measures required to comply with the relevant legislation are carried out. Background Papers: Six letters of representation Contact Officer: Andy Baxter Date: 30 August 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING