Agenda Document Pack - Planning and Placemaking Committee - 11/09/2024

Perth and Kinross Council · 11 September 2024
Back to Planning and Placemaking Committee — 11 September 2024 and its agenda

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Securing the future… • Improving services 
• Enhancing quality of life • Making the best use of public
resources 
Council Building
2 High Street
Perth
PH1 5PH 
02/09/2024 
A hybrid meeting of the Planning and Placemaking Committee will be held in the
Council Chamber on Wednesday, 11 September 2024 at 09:30. 
If you have any queries please contact Committee Services on (01738) 475000 or
email Committee@pkc.gov.uk. 
THOMAS GLEN
Chief Executive 
Those attending the meeting are requested to ensure that all notifications are
silent on their device and other devices are in silent mode. 
Please note that the meeting will be broadcast online and recorded.  The
recording will be publicly available on the Council’s website following the
meeting. 
Members:
Councillor Ian Massie  (Convener)
Councillor Grant Stewart  (Vice-Convener)
Councillor Keith Allan
Councillor Bob Brawn
Councillor Dave Cuthbert
Councillor Ken Harvey
Councillor David Illingworth
Councillor Ian James
Bailie Claire McLaren
Councillor Richard Watters
Bailie Mike Williamson
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Planning and Placemaking Committee 
Wednesday, 11 September 2024 
AGENDA 
MEMBERS ARE REMINDED OF THEIR OBLIGATION TO DECLARE ANY
FINANCIAL OR NON-FINANCIAL INTEREST WHICH THEY MAY HAVE IN ANY
ITEM ON THIS AGENDA IN ACCORDANCE WITH THE COUNCILLORS’ CODE
OF CONDUCT. 
1 WELCOME AND APOLOGIES/SUBSTITUTES   
2 DECLARATIONS OF INTEREST   
3 MINUTE OF MEETING OF THE PLANNING AND
PLACEMAKING COMMITTEE OF 3 JULY 2024 FOR
APPROVAL
(copy herewith) 
7 - 38 
4 DEPUTATIONS   
5 APPLICATIONS FOR DETERMINATION   
5(1)  MAJOR APPLICATIONS   
5(1)(i)  23/00592/IPM - RESIDENTIAL DEVELOPMENT WITH
ASSOCIATED ACCESS ROAD, LANDSCAPING, SUDS, AND
ASSOCIATED WORKS (LDP3 ALLOCATED SITE - MU27) (IN
PRINCIPLE), LAND 170 METRES SOUTH-WEST OF 8
TAYVIEW, LUNCARTY
Report of Handling by Strategic Lead - Economy, Development
and Planning (copy herewith 24/243) 
39 - 74 
5(1)(ii)  24/00200/FLM - EXTENSION TO BATTERY ENERGY
STORAGE SYSTEM FACILITY COMPRISING 144
ADDITIONAL BATTERY UNITS (49.9MW) AND ASSOCIATED
WORKS, LAND 130 METRES SOUTH EAST OF COUPAR
ANGUS SUBSTATION, PLEASANCE ROAD, COUPAR
ANGUS
Report of Handling by Strategic Lead - Economy, Development
and Planning (copy herewith 14/244) 
75 - 100
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5(2)  LOCAL APPLICATIONS   
5(2)(i)  24/00368/FLL - SITING OF 22 HOLIDAY ACCOMMODATION
UNITS, CHANGE OF USE AND ALTERATIONS TO STORAGE
BUILDING TO FORM EVENT SPACE, FORMATION OF
VEHICULAR ACCESS, OUTDOOR SEATING AREA AND
ASSOCIATED WORKS, MURRAYSHALL HOUSE HOTEL,
MURRAYSHALL, PERTH, PH2 7PH
Report of Handling by Strategic Lead - Economy, Development
and Planning (copy herewith 24/245) 
101 - 124 
5(2)(ii)  23/00852/FLL - ERECTION OF 9 DWELLINGHOUSES AND 29
FLATS IN 2 BLOCKS, FORMATION OF VEHICULAR ACCESS,
PARKING AREAS, LANDSCAPING AND ASSOCIATED
WORKS, LAND 60 METRES EAST OF SCOTMID, HATTON
ROAD, RATTRAY, BLAIRGOWRIE
Report of Handling by Strategic Lead - Economy, Development
and Planning (copy herewith 24/246) 
125 - 150 
5(2)(iii)  23/01164/FLL - ERECTION OF CAFÉ (CLASS 3) WITH DRIVE
THRU FACILITIES, INSTALLATION OF ELECTRIC VEHICLE
CHARGING POINTS, LANDSCAPING AND ASSOCIATED
WORKS, LAND 40 METRES NORTH WEST OF ALDI, BROICH
ROAD, CRIEFF
Report of Handling by Strategic Lead - Economy, Development
and Planning (copy herewith 24/247) 
151 - 174 
5(2)(iv)  23/01453/FLL - CHANGE OF USE OF AGRICULTURAL LAND
TO FORM DOG TRAINING PARK (IN RETROSPECT), LAND
NORTH WEST OF ELISDON, STANLEY, PERTH
Report of Handling by Strategic Lead - Economy, Development
and Planning (copy herewith 24/248) 
175 - 190 
5(2)(v)  24/00509/FLL - ERECTION OF A DWELLINGHOUSE, LAND 30
METRES SOUTH OF KEITHLEYHEAD, WESTERN ROAD,
AUCHTERARDER
Report of Handling by Strategic Lead - Economy, Development
and Planning (copy herewith 24/249) 
191 - 210 
5(2)(vi)  24/00866/FLL - S42 APPLICATION TO DELETE CONDITION 3
(TEMPORARY PERIOD) OF PERMISSION 22/00803/FLL,
TATHA VIEW, 4 BRAES OF TAYMOUTH, KENMORE,
ABERFELDY, PH15 2HQ
Report of Handling by Strategic Lead - Economy, Development
and Planning (copy herewith 24/250) 
211 - 224 
6 PROPOSAL OF APPLICATION NOTICES (PAN)   
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6(i)  24/00006/PAN - FORMATION OF A 30MW BATTERY ENERGY
STORAGE SYSTEM (BESS), FORMATION OF VEHICULAR
ACCESSES, TRACKS AND ASSOCIATED
INFRASTRUCTURE, LAND 600 METRES NORTH EAST OF
CORDON FARM, ABERNETHY
Pre-Application Report by Strategic Lead - Economy,
Development and Planning (copy herewith 24/251) 
225 - 234 
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PLANNING AND PLACEMAKING COMMITTEE 
Minute of hybrid meeting of the Planning and Placemaking Committee held in the
Council Chambers, 2 High Street, Perth, on Wednesday 3 July 2024 at 9.30am. 
Present: Councillors I Massie, G Stewart, Bailie C Ahern (substituting for Councillor
D Illingworth), Councillor K Allan, Bailie A Bailey (substituting for Councillor
B Leishman), Councillor B Brawn, Bailie R Brock (substituting for D Cuthbert),
Councillors A Forbes (substituting for Councillor C Reid), K Harvey, I James, Bailie
C McLaren, Councillor R Watters and Bailie M Williamson. 
In Attendance: D Littlejohn, Strategic Lead – Economy, Development and Planning,
J Janes, L MacLean, C Morilly, S Panton, L Reid, K Smith and R Stewart (all
Economy, Place and Learning); A Brown, S Dockerill, C Elliott and J Guild (all
Strategy, People and Resources). 
Apologies: Councillors D Cuthbert, D Illingworth, B Leishman and C Reid. 
Councillor I Massie, Convener, Presiding. 
1. WELCOME AND APOLOGIES 
The Convener welcomed everyone present to the meeting.   
2. DECLARATIONS OF INTEREST 
In terms of the Councillors Code of Conduct: 
(i) Councillor A Forbes declared a non-financial interest in Item 5(1)(iii). 
3. MINUTES 
The Minute of Meeting of Planning and Placemaking Committee of 5 June
2024 was submitted and approved as a correct record. 
4.  DEPUTATIONS 
In terms of Standing Order 13, the Committee agreed to hear deputations in
relation to the following planning applications: 
Planning Application No.  Item No. 
23/01341/FLM 5(1)(i)
23/02134/IPM 5(1)(ii)
24/00594/AMM 5(1)(iii)
24/00589/FLL 5(2)(i) 
3
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5. APPLICATIONS FOR DETERMINATION 
(1) Major Application 
(i) 23/01341/FLM - Mixed use development comprising golf
driving range (class 11) with café (class 3), retail unit (class
1A), formation of vehicular access and parking,
landscaping and associated works, land 240 metres north
east of Lethangie Waste Water Treatment Works, Kinross
(Report No. 24/204) 
Mr Panton introduced the report and advised an update had
been circulated to members prior to the meeting, advising of the
removal of the objection from SEPA referred to in Paragraph 30
and 116-119.  With the removal of the objection, it was also
advised that suggested Reason 3 for refusal would not be
required. 
Mr H Marchbank, agent and Mr J Montgomery, on behalf of the
applicant, addressed the Committee and answered Members
questions. 
Motion (Councillors R Watters and I James) 
Grant, the application subject to suitable terms, conditions and
informatives, on the basis there are material reasons to justify
departure from the Local Development Plan including benefits to
employment, local economy and tourism. 
Conditions
General
1. The development hereby approved must be carried out in
accordance with the approved drawings and documents,
unless otherwise provided for by conditions imposed by
this decision notice.
Reason: To ensure the development is carried out in
accordance with the approved drawings and documents.
2. This planning permission will last only for three years
from the date of this decision notice, unless the
development has been lawfully started within that period.
Reason: This is a Planning Permission in terms of
Section 58 of the Town and Country Planning (Scotland)
Act 1997, as amended by Section 32 of the Planning
(Scotland) Act 2019.
3. The café hereby approved shall be limited to a maximum
of 40 covers and shall only be open at such time that the
golf driving range is open. 
Reason: In order to ensure that the café remains ancillary
to the golf driving range use and to ensure there is no
detrimental impact upon the café offering in the nearby
Kinross and Milnathort Town Centres. 
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Amenity
4. All plant or equipment shall be so enclosed, attenuated
and/or maintained such that any noise therefrom shall not
exceed Noise Rating 35 between 0700 and 2300 hours
daily, or Noise Rating 20 between 2300 and 0700 hours
daily, within any neighbouring residential property, with all
windows slightly open, when measured and/ or calculated
and plotted on a rating curve chart.
Reason: In order to safeguard the neighbouring
residential amenity in the area.
5. All external lighting shall be sufficiently screened and
aligned so as to ensure that there is no direct illumination
of neighbouring land and that light spillage beyond the
boundaries of the site is minimised to a degree that it
does not adversely affect the amenity of the neighbouring
land.
Reason: In order to safeguard the residential amenity of
the area.
6. All external lighting for the golf driving range shall not be
operated between the hours of 2300 and 0700hours
daily. 
Reason: In order to safeguard the residential amenity of
the area.
7. The hours of operation for the golf driving range shall be
restricted to 0800hours to 2200hours daily. 
Reason: In order to safeguard the residential amenity of
the area.
8. Prior to the development hereby approved being
completed or brought into use, an effective ventilation
system commensurate with the nature and scale of
cooking to be undertaken shall be installed and operated
such that cooking odours are not exhausted into or
escape into any neighbouring buildings.  Thereafter the
system shall be maintained.
Reason: In order to safeguard the amenity of occupants
of nearby premises and to ensure the provision of a
satisfactory ventilation system for the premises.
9. Servicing of and deliveries to the premises shall be
carried out between 0700 and 1900 Monday to Saturday
only, with no servicing or deliveries permitted on
Sundays.
Reason: In order to safeguard the residential amenity of
the area.
10. Within 2 months of receipt of a written request by the
Council as Planning Authority, following a substantiated
noise and/or light complaint from a sensitive property, the
operator/applicant shall, at its own expense, employ an
appropriate consultant approved by the Planning
Authority to carry out an assessment of noise and/or light
from the development.  The required assessment shall be
submitted to and approved in writing by the Planning
Authority.  The assessment must identify any mitigation
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measures required if appropriate.  Any mitigation
measures identified shall be implemented on site in
accordance with a timescale to be agreed with the
Planning Authority.
Reason: In order to safeguard the residential amenity of
the area.
Transport
11. Prior to the commencement of the development hereby
approved, the applicant shall submit for the further written
agreement of the Council as Planning Authority, in
consultation with the Roads Authority (Structures), a
Construction Traffic Management Scheme (TMS) which
shall include the following:
a. restriction of construction traffic to approved routes
and the measures to be put in place to avoid other
routes being used;
b. timing of construction traffic to minimise impact on
local communities particularly at school start and
finishing times, on days when refuse collection is
undertaken, on Sundays and during local events;
c. a code of conduct for HGV drivers to allow for
queuing traffic to pass;
d. arrangements for liaison with the Roads Authority
regarding winter maintenance;
e. emergency arrangements detailing communication
and contingency arrangements in the event of
vehicle breakdown;
f. arrangements for the cleaning of wheels and chassis
of vehicles to prevent material from construction
sites associated with the development being
deposited on the road;
g. arrangements for cleaning of roads affected by
material deposited from construction sites
associated with the development;
h. arrangements for signage at site accesses and
crossovers and on roads to be used by construction
traffic in order to provide safe access for
pedestrians, cyclists and equestrians;
i. details of information signs to inform other road
users of construction traffic;
j. arrangements to ensure that access for emergency
service vehicles are not impeded;
k. co-ordination with other significant developments
known to use roads affected by construction traffic;
l. traffic arrangements in the immediate vicinity of
temporary construction compounds;
m. monitoring, reporting and implementation
arrangements; 
n. arrangements for dealing with non-compliance; and
o. details of HGV movements to and from the site.  
The TMS as approved shall be strictly adhered to during
the entire site construction programme.
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Reason: In the interests of pedestrian and traffic safety.
12. Prior to the commencement of the development hereby
approved, full visibility splays of 160 metres along the
channel line shall be provided to the left and right of the
access, at a set-back of 2.4 metres measured 1.05m
above the road level to the standard and specification
required by the Council as Roads Authority to the
satisfaction of the Planning Authority.  The visibility splays
shall be physically formed on the ground and any existing
fences, walls, hedges or other means of enclosure or
obstructions within the splays shall be removed and
relocated outwith the splays.  Once formed, the visibility
splays shall be permanently retained thereafter, and no
visual obstruction of any kind shall be permitted within the
visibility splays so formed.
Reason: In the interests of road safety; to ensure the
provision of adequate visibility of the vehicular access.
13. No part of the development shall be occupied until a
Green Travel Plan (GTP), aimed to encourage more
sustainable means of travel, has been submitted to and
agreed in writing by the Council in consultation with
Transport Planning.  The GTP will have particular regard
to provision for walking, cycling and public transport
access to and within the site and will identify the
measures to be provided (including the provision of new
cycle storage, path links), the system of management,
monitoring, review, reporting and the duration of the plan.
Reason: In order to promote sustainable methods of
travel.
14. Prior to commencement of any development on site, a
detailed design for the proposed secure covered e-bike
cycle parking facility for a minimum of 12 cycles shall be
submitted to and approved in writing by the Planning
Authority in consultation with the Roads Authority.  The e-
bike cycle parking, as approved in writing, shall be
implemented in accordance with the approved details to
the satisfaction of the Council as Planning Authority prior
to the development being brought into use.
Reason: In order to promote sustainable methods of
travel.
15. No development in connection with the permission
hereby granted shall commence unless the vehicular
access has been provided and surfaced in accordance
with Perth & Kinross Council's Road Development Guide
Type C Figure 5.7 access detail, of Type B Road
construction detail.  The Type B Road construction detail
shall continue to the entrance for a distance of 6 metres.
Once provided, the vehicular and pedestrian access shall
thereafter be permanently retained as such.
Reason: In the interests of road safety; to ensure an
acceptable standard of construction within the public road
boundary.
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16. Prior to the commencement of development on site, a
detailed design for the path connection to the east of the
site to the Heritage Trail and for the drainage outfall to the
North Queich Burn shall be submitted to and approved in
writing by the Planning Authority in consultation with the
Roads Authority.  The path connection and drainage
outfall, as approved in writing, shall be implemented in
accordance with the approved details to the satisfaction
of the Council as Planning Authority and undertaken prior
to the commencement of construction associated with
this planning application (23/01341/FLM).  For the
avoidance of doubt, it is the applicant’s responsibility to
ensure that the correct consents are in place to deliver
the required infrastructure.
Reason: In the interests of ensuring suitable
infrastructure is in place to promote active travel
connections.
Core Path Network
17. Prior to the commencement of the development hereby
approved, a management plan indicating any temporary
diversions and signage needed to facilitate the
development and/or any works proposed to the right of
way/core path as part of the development shall be
submitted for the agreement of the Council as Planning
Authority.  The plan as agreed shall be implemented in
accordance with the timings identified in the plan.
Reason: To ensure continued public access to the public
paths and in the interests of public safety within the site.
Flooding
18. Development shall not commence on site until a detailed
sustainable urban drainage system (SUDS) has been
submitted for the written agreement of the Council as
Planning Authority, in consultation with SEPA where
necessary.  The scheme shall be developed in
accordance with the technical guidance contained in The
SUDS Manual (C753) and the Council's Flood Risk and
Flood Risk Assessments Developer Guidance, and shall
incorporate source control. All works shall be carried out
in accordance with the agreed scheme and be
operational prior to the bringing into use of the
development.
Reason: To ensure the provision of effective drainage for
the site.
19. Storm water drainage from all paved surfaces, including
the access, shall be disposed of by means of suitable
Sustainable Urban Drainage Systems to meet the
requirements of best management practices.
Reason: To ensure the provision of effective drainage for
the site.
Biodiversity and Landscaping
20. Prior to the commencement of any works on site, all trees
on site (other than those marked for felling on the
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approved plans) and those which have Root Protection
Areas which fall within the site shall be retained and
protected. Protection methods shall be strictly in
accordance with BS 5837 2012: Trees in Relation to
Design, Demolition and Construction.  Protection
measures, once in place, shall remain in place for the
duration of construction.
Reason: To ensure a satisfactory standard of
development and environmental quality and to reserve
the rights of the Planning Authority.
21. All trees on site, other than those marked for felling on
the approved plans, shall be retained.
Reason: To ensure a satisfactory standard of
development and environmental quality and to reserve
the rights of the Planning Authority.
22. The detailed landscaping and planting scheme which is
hereby approved shall be completed within the first
available planting season (October to March) after the
completion or bringing into use of the development,
whichever is the earlier.  The approved scheme shall
thereafter be maintained to the satisfaction of the Council
as Planning Authority, with any planting which fails to
become established within five years being replaced in
the following planting season with others of a size and
species as previously approved.
Reason: In the interests of visual amenity and to ensure
the satisfactory implementation of the proposed planting
scheme.
23. The conclusions and recommended action points within
the supporting biodiversity survey submitted and hereby
approved (document 22 relates) shall be fully adhered to,
respected and undertaken as part of the construction
phase of development, to the satisfaction of the Council
as Planning Authority.
Reason: In the interests of employing best practice
ecology and to ensure there is no adverse impact on any
protected species as identified under the Wildlife and
Countryside Act (1981).
24. Prior to the commencement of works, a Construction
Method Statement (CMS) shall be submitted to the
Council for written approval.  The CMS must outline
measures to protect the adjacent watercourses from the
impacts of pollution and sediment to ensure no adverse
effects on Loch Leven and surrounding water courses. 
Reason: In the interests of protecting environmental
quality and of biodiversity.
25. Prior to the completion or occupation of the building(s)
hereby approved, whichever is the earlier, all measures
listed in the submitted Biodiversity Enhancement
Measures and Biodiversity Net Gain Calculation Report
(Tay Ecology, July 2023) must be provided.
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Reason: In the interests of protecting environmental
quality and of biodiversity.
26. Measures to protect animals from being trapped in open
excavations and/or pipe and culverts shall be
implemented for the duration of the construction works of
the development hereby approved.  The measures may
include creation of sloping escape ramps for animals,
which may be achieved by edge profiling of
trenches/excavations or by using planks placed into them
at the end of each working day and open pipework
greater than 150 mm outside diameter being blanked off
at the end of each working day.
Reason: In order to prevent animals from being trapped
within any open excavations.
27. The findings and recommendations contained within the
supporting biodiversity survey submitted and hereby
approved remain valid for a period of 24 months.  If the
approved planning permission is not implemented within
24 months of the date of the survey, an updated survey is
required.
Reason: In the interests of employing best practice
ecology and to ensure there is no adverse impact on any
protected species as identified under the Wildlife and
Countryside Act (1981).
Archaeology
28. Development shall not commence until the developer has
secured the implementation of a programme of
archaeological work in accordance with a Written
Scheme of Archaeological Investigation (WSI) which has
been submitted by the developer and agreed in writing by
the Council as Planning Authority, in consultation with
Perth and Kinross Heritage Trust (PKHT).  Thereafter, the
developer shall ensure that the programme of
archaeological works is fully implemented including that
all excavation, preservation, recording, recovery,
analysis, publication and archiving of archaeological
resources within the development site is undertaken. 
Should the archaeological works, as required by the WSI,
identify a requirement for post-excavation analysis, the
development as approved shall not be occupied or
brought into use until a Post-Excavation Research Design
(PERD) has been submitted to and agreed in writing by
the Council as Planning Authority, in consultation with
PKHT. The PERD shall be carried out in complete
accordance with the approved details.  Furthermore, the
developer shall afford access at all reasonable times to
PKHT or a nominated representative and shall allow them
to observe work in progress.
Reason: To ensure archaeological monitoring is carried
out to safeguard and record any archaeological remains
within the development area. 
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Justification
The proposal is considered a minor departure from the adopted
Local Development Plan, however, there are material
considerations which justify a departure. 
Informatives
1.  Under Section 27A of the Town and Country Planning
(Scotland) Act 1997 (as amended) the person
undertaking the development is required to give the
Planning Authority prior written notification of the date on
which it is intended to commence the development.  A
failure to comply with this statutory requirement would
constitute a breach of planning control under Section
123(1) of that Act, which may result in enforcement action
being taken.  Please use the form attached herewith.
2. As soon as practicable after the development is
complete, the person who completes the development is
obliged by Section 27B of the Town and Country
Planning (Scotland) Act 1997 (as amended) to give the
Planning Authority written notice of that position.  Please
use the form attached herewith.
3.  No work shall be commenced until an application for
building warrant has been submitted and approved.
4.  This planning permission is granted subject to conditions,
some of which require further information to be submitted
to Development Management either before works can
start on site or at a certain time.  The required information
must be submitted via the ePlanning portal if your original
application was lodged that way, otherwise send it to us
at developmentmanagement@pkc.gov.uk.  Please be
aware that a fee is payable in respect of each request
made, though there is no limit to the number of conditions
that can be discharged in a single request.  The Fees
Charter is available on our website www.pkc.gov.uk.   
The Council has two months to consider the information. 
You should therefore submit the required information
more than two months before your permission expires. 
We cannot guarantee that submissions made within two
months of the expiry date of your permission will be able
to be dealt with before your permission lapses.
5.  This development will require the 'Display of notice while
development is carried out', under Section 27C(1) of the
Town and Country Planning Act 1997, as amended, and
Regulation 41 of the Development Management
Procedure (Scotland) Regulations 2013.  The form of the
notice is set out in Schedule 7 of the Regulations and a
draft notice is included for your guidance.  In accordance
with Regulation 41 the notice must be:
• Displayed in a prominent place at or in the vicinity of
the site of the development 
• Readily visible to the public 
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• Printed on durable material.
6.  Please remember that the granting of planning
permission, listed building consent or other associated
consent by the Planning Authority does not affect the
responsibility of the developer to ensure all other
necessary permissions, consents and approvals are in
place prior to commencement of works.  Developers
should also ensure appropriate accommodations are
made in respect of services and third party infrastructure
and may wish to check proposals against the information
held at https://www.linesearchbeforeudig.co.uk/. 
7.  The applicant is advised that any proposed signage will
require a further application to be submitted for
advertisement consent unless it benefits from express
consent as per the Town and Country Planning (Control
of Advertisements) (Scotland) Regulations 1984.
8.  Further information on the need for and level of provision
of Changing Places Toilet Facilities can be found in
Section 41B of the Town and Country Planning
(Scotland) Act 1997, the Town and Country Planning
(Changing Places Toilet Facilities) (Scotland) Regulations
2020 and the associated Circular 1/2020: Changing
Places Toilets Regulations.
9. The applicant should be aware of the requirements of the
Council's Environment and Regulatory Services in
relation to waste collection from the site and should
ensure adequate measures are provided on site to allow
for the collection of waste.
10.  Trees and scrub are likely to contain nesting birds
between 1st March and 31st August inclusive.  Trees and
scrub are present on the application site and are to be
assumed to contain nesting birds between the above
dates.  The applicant is reminded that, under the Wildlife
and Countryside Act 1981, as amended (Section 1), it is
an offence to remove, damage or destroy the nest of any
wild bird while that nest is in use or being built.  Planning
permission for a development does not provide a defence
against prosecution under this Act.
11.  The granting of planning permission does not stop the
continued right of public access along the existing core
paths MTHT/102, MTHT/104, and MTHT/112 . An order
under the Town and Country Planning (Scotland) Act
1997, Section 208 or an amendment of the Core Path
Plan under the Land Reform (Scotland) Act 2003 should
be sought in advance of any works authorised by this
planning permission being commenced.  All relevant
approvals should be in place prior to any stopping up and
diversion of the core path taking place.
12.  The applicant is advised to refer to Perth & Kinross
Council's Supplementary Guidance on Flood Risk and
Flood Risk Assessments 2021 as it contains advice
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relevant to your development.
https://www.pkc.gov.uk/ldp2floodrisk 
13.  Application for a new postal address should be made via
the Street Naming and Numbering page on the Perth &
Kinross Council website at www.pkc.gov.uk/snn.  Please
note there is a charge for this service and submission
cannot be made until the relevant Building Warrant has
been approved.
14.  The applicant is advised that the granting of planning
permission does not guarantee right of access to the site. 
This should be agreed with the relevant landowner(s)
prior to the commencement of the development.
15.  An inspection of the proposed development site did not
raise any real concerns, although historical mapping
indicates there was previously a nearby use which may
have resulted in contamination in the vicinity of the site. 
The applicant is advised that, given historical uses of the
wider area, there may be potential for contamination
within the site.  Should any contamination be found
during the approved works, works should cease and the
Land Quality team should be contacted on 01738 475000
or es@pkc.gov.uk for further advice.
16.  The applicant is advised that the granting of planning
permission does not guarantee a connection to Scottish
Water's assets.  The applicant must make a separate
application to Scottish Water Planning & Development
Services team for permission to connect to the public
wastewater system and/or water network and all their
requirements must be fully adhered to.
17.  The applicant should take note of the information and
advice contained within the consultation response from
Scottish Water.
18.  The applicant is advised that in terms of Sections 56 of
the Roads (Scotland) Act 1984 he/she/they must obtain
from the Council, as Roads Authority, consent to open an
existing road or footway prior to the commencement of
works.  Information on junction types, requirements for
Vehicular Access consents (VA1) and application forms
are available at www.pkc.gov.uk/vehicleaccess.  Advice
on the disposal of surface water should be sought at the
initial stages of design from Scottish Water and the
Scottish Environment Protection Agency.
19.  The applicant can seek guidance on the detailed design
and positioning of the cycle storage from Transport
Scotland’s Cycling by Design 2021 or similar design
guidance.
20.  Road drainage may be in the vicinity of the new access
and require remedial works.  Contact Perth & Kinross
Council Road Maintenance Department for further details.
21.  The applicant is advised that, in terms of Sections 109 of
the New Roads and Street Works Act 1991, he/she/they
must obtain consent from the Council to place, maintain
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Page 18

or adjust apparatus in or under a road, or to remove
apparatus from a road. 
22.  This application was varied prior to determination, in
accordance with the terms of Section 32A of the Town
and Country Planning (Scotland) Act 1997, as amended. 
The variations incorporate changes to flooding and
drainage arrangements. 
Amendment (Bailie A Bailey and Councillor K Harvey) 
Refuse, subject to Reasons 1 and 2 contained in Report 24/204. 
In terms of Standing Order 21.5 a roll call vote was taken. 
7 members voted for the Motion as follows:
Ahern, Allan, Brock, Forbes, James, McLaren, Watters 
6 members voted for the Amendment as follows:
Bailey, Brawn, Harvey, Massie, Stewart, Williamson 
Resolved:
In accordance with the Motion. 
(ii) 23/02134/IPM - Mixed use development comprising of the
erection of a poultry processing facility and demolition of
existing poultry processing facility for residential,
commercial, industrial uses including parking areas,
vehicular access, landscaping and associated works, 2
Sisters Food Group, George Street, Coupar Angus,
Blairgowrie, PH13 9LU (Report No. 24/205) 
Mr Panton introduced the report and advised the following
updates had been circulated to members prior to the meeting:
(i) Amended wording for Condition 1.
(ii) Amended wording for the Procedural Note.
(iii) Amendment to condition numbers referred to in the report
as follows:
• Paragraph 105 refers to condition 20 and should be
condition 21 
• Paragraph 125 refers to condition 20 and should be
condition 21 
• Paragraph 125 refers to condition 25 and should be
condition 26 
• Paragraph 133 refers to condition 23 and should be
condition 24 
• Paragraph 134 refers to condition 24 and should be
condition 25
(iv) Amended wording for Condition 28. 
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Page 19

Mr J Wall, agent on behalf of the applicant, accompanied by
Mr S McCarthy, applicant and Mr M Summers, addressed the
Committee and answered Members questions. 
Resolved:
Grant, subject to the following terms, conditions and
informatives: 
Conditions
1. Application for the approval required by a condition
imposed on this Planning Permission in Principle shall
conform with the requirements of Regulation 12 of the
Town and Country Planning (Development Management
Procedure) (Scotland) Regulations 2013 and of Section
59 (2) and (3) of the Town and Country Planning
(Scotland) Act 1997 as amended by Section 21 of the
Planning etc. (Scotland) Act 2006 and, in particular, must
be made before whichever is the latest of the following:
(i)  the expiration of 5 years from the date of the
granting of permission
(ii) the expiration of 6 months from the date on which an
earlier application for the requisite approval was
refused, or
(iii)  the expiration of 6 months from the date on which an
appeal against such refusal was dismissed.
Reason: In accordance with the terms of Section 59 of
the Town and Country Planning (Scotland) Act 1997 as
amended by Section 21 of the Planning etc. (Scotland)
Act 2006.
2. Plans and particulars of the matters listed below shall be
submitted for consideration by the planning authority, in
accordance with the timescales and other limitations in
Section 59 of the Town and Country Planning (Scotland)
Act 1997 (as amended).  No work shall begin until the
written approval of the Planning Authority has been given,
and the development shall be carried out in accordance
with that approval.  For the avoidance of doubt, no
approval is hereby given to the layout shown in the
illustrative development framework which forms part of
the application for planning permission in principle.  The
specified matters include:
(a)  a site development layout and phasing plan showing
a phased implementation programme, including: the
location/position of all uses within the site; the
proposed built form (including orientation of
buildings); movement around and through the site,
including pedestrian and cycle links and landscape
provision;
(b)  for each phase of the development, a plan detailing
the siting, design and height of development,
including the design of all external features;
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Page 20

(c)  design and configuration of public and open spaces,
all external materials and finishes;
(d)  car and cycle parking, access, road layouts and
alignment, classification of streets, and servicing
areas;
(e)  footpaths and cycle routes, including proposed multi-
use paths, the designs shall detail pedestrian and
cyclist priority junctions at the proposed vehicular
access points along the shared use cycleway on the
A94 and right turn ghost island facilities into the site;
(f)  details of safe pedestrian crossing points at all
vehicle entrances over core path COUP/139;
(g)  waste management and recycling facilities;
(h)  surface water and drainage arrangements;
(i)  a detailed levels survey (existing and proposed) and
cross sections showing proposed finished ground
and floor levels of all buildings forming part of the
development phase, relative to existing ground
levels and a fixed datum point;
(j)  full details of sustainability measures in accordance
with LDP2 Policy 32: Embedding Low and Zero
Carbon Generating Technology in New
Development;
(k)  hard and soft landscaping details, including:
i.  the type and location of new trees, shrubs and
hedges;
ii.  a schedule of plants to comprise species, plant
size and proposed number/density;
iii.  programme of completion and subsequent
maintenance including a separate maintenance
plan for the SuDS areas;
iv.  existing and proposed services such as cables,
pipelines, substations;
v.  other artefacts and structures including street
furniture, lighting columns and fittings; and 
vi.  details of phasing of these works in relation to
implementation and phasing of the
development.
Reason: To ensure that the matters referred to within this
Planning Permission is Principle are given full
consideration and to accord with the requirements of
Section 59 Town and Country Planning (Scotland) Act
1997 (as amended).
3. Development shall not commence until the developer has
secured the implementation of a programme of
archaeological work in accordance with a Written
Scheme of Archaeological Investigation (WSI) which has
been submitted by the developer and agreed in writing by
the Council as Planning Authority, in consultation with
Perth and Kinross Heritage Trust (PKHT).  Thereafter, the
developer shall ensure that the programme of
archaeological works is fully implemented including that
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all excavation, preservation, recording, recovery,
analysis, publication and archiving of archaeological
resources within the development site is undertaken. 
Should the archaeological works, as required by the WSI,
identify a requirement for post-excavation analysis, the
development as approved shall not be occupied or
brought into use until a Post-Excavation Research Design
(PERD) has been submitted to and agreed in writing by
the Council as Planning Authority, in consultation with
PKHT.  The PERD shall be carried out in complete
accordance with the approved details. Furthermore, the
developer shall afford access at all reasonable times to
PKHT or a nominated representative and shall allow them
to observe work in progress.
Reason: To ensure archaeological monitoring is carried
out to safeguard and record any archaeological remains
within the development area.
4. Development shall not commence on site until a detailed
sustainable urban drainage system (SUDS) has been
submitted for the further written agreement of the Council
as Planning Authority, in consultation with SEPA where
necessary.  The scheme shall be developed in
accordance with the technical guidance contained in The
SUDS Manual (C753) and the Council’s Flood Risk and
Flood Risk Assessments Developer Guidance, and shall
incorporate source control.  All works shall be carried out
in accordance with the agreed scheme and be
operational prior to the bringing into use of the
development.  
Reason: To reduce flood risk.
5. In pursuance of Condition 2(i), the finished floor level(s)
shall be set a minimum of 600mm above the 1 in 200
AEP event including 39% climate change flood level
expected adjacent to the built development. The Phase 1
minimum FFL is 52.31mAOD and Phase 2 is
52.87mAOD.  In addition, the finished floor levels shall be
set a minimum of 150mm above adjacent ground levels.
Reason: In the interests of flood prevention.
6. Prior to the commencement of development of each
phase, details of a temporary surface water treatment
facility shall be submitted to the Council as Planning
Authority for approval.  Thereafter, concurrent with the
initiation of the development hereby approved and for the
duration of construction, the approved temporary surface
water treatment facility shall be implemented on site and
maintained for the duration of the approved development
works.  The temporary surface water treatment facility
shall remain in place until the permanent surface water
drainage scheme is implemented unless otherwise
agreed in writing by the Council as Planning Authority. 
Reason: In the interests of flood prevention.
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7. All matters regarding: access, car parking, public
transport facilities, walking and cycling facilities, the road
layout, design, and specification (including the disposal of
surface water) shall be in accordance with the standards
required by the Council as Roads Authority (as detailed in
the National Roads Development Guide) and to the
satisfaction of the Planning Authority. 
Reason: To ensure the roads and accesses are
developed to an acceptable standard.
8. As part of any application for the Approval of Matters
Specified by Condition (AMSC), the applicant shall
include a updated transport assessment (relating to the
different land uses) scoped to include the means of
access to the site from the wider public road network to
include all modes of transport (walking, cycling, public
transport, private car and HGV movements), to the
satisfaction of and approved in writing by the Council as
Planning Authority.
Reason: In the interests of road safety.
9. As part of any application for the Approval of Matters
Specified by Condition (AMSC), a Stage 1 Road Safety
Audit shall be submitted to and approved in writing by the
Council as Planning Authority.  The road safety audit
shall also include an assessment of the need for a
revision to the national speed limit, informed by a traffic
speed survey along the A94.
Reason: In the interests of road safety. 
10. As part of any application for the Approval of Matters
Specified by Condition (AMSC), the applicant shall
provide detailed designs for the pedestrian and cyclist
connectivity to the development to the North of the site
and to the Co-Op store in George Street.
Reason: In the interests of road safety and in the interest
of promoting walking and cycling as sustainable modes of
travel.
11. As part of any application for the Approval of Matters
Specified by Condition (AMSC), the applicant shall detail
adequate parking facilities for each class of use in
accordance with the National Roads Development Guide.
HGV parking and EV Parking for the factory shall also be
included as part of any detailed application.
Reason: To provide a suitable parking provision for the
development. 
12. As part of any application for the Approval of Matters
Specified by Condition (AMSC), the applicant shall
provide a detailed design for the upgrading of existing
bus stops on George Street , or another location as
agreed with the Public Transport Unit.  Coupar Angus
bound, the applicant shall provide a detailed design for
the supply and installation of a new enclosed bus shelter
set back from footpath. Perth bound, the applicant shall
provide a detailed design for the supply and installation of
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a reverse cantilever bus shelter.  The applicant shall
provide a detailed design for the supply and installation of
Real Time Passenger Information (RTPI) mountings,
cabling, and displays for Bus Shelters serving both
directions.  Thereafter, prior to the occupation or bringing
into use of the development, the agreed details shall be
implemented in full.
Reason: In the interests of road safety; to ensure an
acceptable standard of construction within the public road
boundary.
13. Prior to the commencement of the development hereby
approved, the applicant shall submit for the further written
agreement of the Council as Planning Authority, in
consultation with the Roads Authority (Structures), a
Construction Traffic Management Scheme (TMS) which
shall include the following:
a)  restriction of construction traffic to approved routes
and the measures to be put in place to avoid other
routes being used;
b)  timing of construction traffic to minimise impact on
local communities particularly at school start and
finishing times, on days when refuse collection is
undertaken, on Sundays and during local events;
c)  a code of conduct for HGV drivers to allow for
queuing traffic to pass;
d)  arrangements for liaison with the Roads Authority
regarding winter maintenance;
e)  emergency arrangements detailing communication
and contingency arrangements in the event of
vehicle breakdown;
f)  arrangements for the cleaning of wheels and chassis
of vehicles to prevent material from construction
sites associated with the development being
deposited on the road;
g)  arrangements for cleaning of roads affected by
material deposited from construction sites
associated with the development;
h)  arrangements for signage at site accesses and
crossovers and on roads to be used by construction
traffic in order to provide safe access for
pedestrians, cyclists and equestrians;
i)  details of information signs to inform other road
users of construction traffic;
j)  arrangements to ensure that access for emergency
service vehicles are not impeded;
k)  co-ordination with other significant developments
known to use roads affected by construction traffic;
l)  traffic arrangements in the immediate vicinity of
temporary construction compounds;
m)  the provision and installation of traffic counters at the
applicant's expense at locations to be agreed prior
to the commencement of construction;
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Page 24

n)  monitoring, reporting and implementation
arrangements; 
o)  arrangements for dealing with non-compliance; and
p)  details of HGV movements to and from the site.  
The TMS as approved shall be strictly adhered to during
the entire site construction programme.
Reason: In the interests of proper site management.
14. No part of the residential development shall be occupied
until a Residential Travel Plan (RTP), aimed to encourage
more sustainable means of travel, has been submitted to
and agreed in writing by the Council as Planning
Authority.  The RTP will have particular regard to
provision for walking, cycling and public transport access
to and within the site and will identify the measures to be
provided, the system of management, monitoring, review,
reporting and the duration of the plan.
Reason: To promote sustainable transport options.
15. All plant or equipment associated with the commercial
units and residential units shall be so enclosed,
attenuated and/or maintained such that any noise
therefrom shall not exceed Noise Rating 35 between
0700 and 2300 hours daily, or Noise Rating 25 between
2300 and 0700 hours daily, within any neighbouring
residential property, with all windows slightly open, when
measured and/ or calculated and plotted on a rating curve
chart.
Reason: In the interests of protecting residential amenity.
16. As part of any application for the Approval of Matters
Specified by Condition (AMSC) relating to the commercial
uses, the applicant shall submit for approval a Noise
Impact Assessment demonstrating that the sound
insulation and sound transmission properties of the
structure and finishes of the commercial units shall be
such that any airborne noise from the operations within
the premises does not constitute a statutory noise
nuisance as determined by the local Planning Authority. 
Reason: In the interests of protecting residential amenity.
17. For each phase of development, a Lighting Plan shall be
submitted for approval to the Council as Planning
Authority, to ensure that all external lighting shall be
sufficiently screened and aligned so as to ensure that
there is no direct illumination of neighbouring land and
that light spillage beyond the boundaries of the site is
minimised to a degree that it does not adversely affect
the amenity of the neighbouring land.  Prior to the first
occupation or uptake of the use of the relevant
development phase, the approved Lighting Plan shall be
installed and maintained in perpetuity thereafter.
Reason: In the interests of protecting residential amenity.
18. Noise from operations of the commercial units shall not
exceed L A90,1 hour (0700 – 2300) or exceed L A90,15
mins (2300 – 0700) background noise level plus 5dB (A),
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including any relevant penalties for tonality, impulsivity,
intermittency, or other sound characteristics when
measured at any residential property in accordance with
BS4142:2014+A1:2019.
Reason: In the interests of protecting residential amenity.
19. At approval of matters stage for the new poultry
processing facility or any other phase of development for
uses within Use Class 4, 5 or 6, full details of an acoustic
fence designed to protect residential amenity shall be
submitted for approval of the Council as Planning
Authority.  Prior to the occupation or uptake of the use of
the relevant development phase, the approved acoustic
fence shall be installed, and maintained in perpetuity
thereafter.
Reason: In the interests of protecting residential amenity.
20. For each phase of development, an updated Ecological
Impact Assessment (EcIA) shall be undertaken by
suitably qualified and experienced persons shall be
submitted.  The EcIA must include the woodland in the
north, bats in buildings, bat roost potential of trees to be
felled/within 30m of works, Schedule 1 breeding birds and
inclusion of pre-commencement walk over surveys in the
mitigation measures. 
Reason: In the interests of protecting environmental
quality.
21. At least two months prior to the commencement of
development, a site specific, Construction Environment
Management Plan (CEMP), shall be submitted for the
further written agreement of the Council Planning
Authority.  Thereafter the CEMP will be updated to reflect
the phasing of the development and strictly adhered to
during the entirety of the construction phases. Measures
to be included within the CEMP comprise:
• The use of British Standards Best Practice
Guidelines to reduce disturbance resulting from
noise, surface run-off and vibration during works;
• Scottish Environment Protection Agency (SEPA)
Pollution Prevention Guidelines (PPG), incorporating
procedures for emergency environmental incidents
such as pollution events and encountering protected
species. A review plan for the PPGs is currently
underway, resulting in a replacement guidance
series, with new branding and title "Guidance for
Pollution Prevention" (GPPs). It is recommended
that the following PPG and GPP are considered:
− PPG1: Understanding your environmental
responsibilities - good environmental practices;
− GPP5: Works and maintenance in or near
water;
− PPG6: Working at construction and demolition
sites;
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− GPP21: Pollution incident response planning;
and
− GPP 22: Dealing with spills.
• Pollution prevention measures including procedures
for oils and chemicals to prevent the release of any
accidental spillages and effects associated with
contaminated surface run-off;
• Supervision of delivery of fuel and oils with pipelines
and fuelling points protected from vandalism and
unauthorised interference, including being turned off
and locked when not in use to prevent effects
associated with the encroachment of construction
vehicles and plant and contaminated surface run-off;
• Use of drip trays when filling smaller containers from
tanks or drums to avoid drips and spills from
entering the ground or drainage systems and
watercourses to prevent effects associated with
contaminated surface run-off;
• Measures to minimise noise, vibration and dust; and
• Limiting construction works to daylight hours only
where possible, or having a suitable lighting strategy
in place, in order to minimise effects to nocturnal
faunal species.
Furthermore, the Construction Environmental
Management Plan (CEMP) shall include potential
constraints and mitigation with regard to potential or
confirmed ecological features identified in the updated
Ecological Impact Assessment.
Reason: to control pollution of air, land and water and.to
mitigate the adverse impact of development traffic on the
safe and efficient operation of the trunk road. 
22. Development shall not commence until a detailed
Construction Environmental Management Plan (CEMP)
detailing environmental mitigation measures, including
biodiversity and the control of dust and noise, shall be
submitted for the further written agreement of the Council
as Planning Authority.  Thereafter the CEMP will be
strictly adhered to during the entirety of the construction
phases.
Reason: In the interests of protecting environmental
quality.
23. Prior to the commencement of works on each
development phase, an evaluation for the potential of the
site to be affected by contamination by a previous use
should be undertaken and as a minimum, a Preliminary
Risk Assessment (Phase 1 Desk Study) will be submitted
for consideration by the Council as Planning Authority.  If
after the preliminary risk assessment identifies the need
for further assessment, an intrusive investigation should
be undertaken to identify; 
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I. the nature, extent and type(s) of contamination on the
site 
II. measures to treat/remove contamination to ensure
the site is fit for the use proposed 
III. measures to deal with contamination during
construction works 
IV. condition of the site on completion of
decontamination measures. 
Prior to the completion or bringing into use of any part of
the development the agreed measures to decontaminate
the site shall be fully implemented as approved by the
Council as Planning Authority. Validation that the scheme
has been fully implemented must also be submitted to the
Council as Planning Authority.
Reason: In order to deal with any potential contamination
of the site as a result of its former use.
24. The development shall be in accordance with the
requirements of Perth & Kinross Council’s Developer
Contributions and Affordable Housing Supplementary
Guidance 2023 in line with Policy 20: Affordable Housing
of the Perth & Kinross Local Development Plan 2 (2019),
or such subsequent Guidance and Policy which may
replace these.
Reason: To ensure the development is in accordance
with the terms of the Perth and Kinross Local
Development Plan 2 (2019) and to comply with the
Council’s policy on Developer Contributions and
Affordable Housing Supplementary Guidance 2023.
25. The development shall be in accordance with the
requirements of Perth & Kinross Council’s Developer
Contributions and Affordable Housing Supplementary
Guidance 2023 in line with Policy 5: Infrastructure
Contributions of the Perth & Kinross Local Development
Plan 2 (2019) with particular regard to primary education
infrastructure, or such subsequent Guidance and Policy
which may replace these.
Reason: To ensure the development is in accordance
with the terms of the Perth and Kinross Local
Development Plan 2 (2019) and to comply with the
Council’s policy on Developer Contributions and
Affordable Housing Supplementary Guidance 2023.
26.  At least two months prior to the commencement of the
development, an independent and suitably qualified
ecologist shall be appointed by the developer at their
expense as the ‘Ecological Clerk of Works’ (ECOW) for
the site.  This appointment shall be subject to the prior
written approval of the Planning Authority and detail the
extent of inspections to be undertaken by the ECOW and
how this relates to the delivery of the development
phases.  The ECOW shall oversee, on behalf of the
Planning Authority, the implementation of all ecology
related planning conditions and how this relates to the
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phase of development being constructed.  The ECOW
shall undertake a watching brief throughout the
construction of the development phase and shall have the
authority to stop operations or to alter construction
methods should there be any works occurring which are
having an adverse impact on natural heritage.
The ECOW shall have responsibility for the following:
a) Monitoring compliance with the mitigation works
related to the development as set out in the
Construction Environment Management Plan.
b)  Advising the developer on adequate protection of
nature conservation interest on the site, including
altering construction practices if existing practices
are having an adverse impact on the natural
heritage of the site.
c)  If any protected species are found on site, the
Ecological Clerk of Works will ensure that work is
suspended at that location and that a protected
species protection plan is implemented.
The ECOW is required to notify the Planning Authority:
d) If there has been a requirement to stop or alter
works in relation to this condition.
e)  They are required to submit a report on their
inspection (frequency to be agreed) for the review of
the Planning Authority in consultation with Scottish
Environment Protection Agency where necessary,
during construction operations.
f)  They will have the power to amend the CEMP,
where required, with any amendments and
measures to mitigate submitted to the Planning
Authority.
Reason: In order to ensure that an ECOW is appointed
and is suitability qualified and has a suitable job
description and powers to oversee all salient ecological
matters affecting the Construction phases of the
development.
27. As part of any application for the Approval of Matters
Specified by Condition (AMSC) a Site Biodiversity Action
Plan including biodiversity enhancement measures shall
be submitted for approval of the Council as Planning
Authority.  Thereafter, the approved Action Plan will be
implemented in full prior to the first occupation or uptake
of the use of the relevant development phase.
Reason: In the interests of protecting and enhancing
biodiversity.
28. As part of any application for the Approval of Matters
Specified by Condition (AMSC), a tree protection plan,
Arboricultural Impact Assessment and Arboricultural
Method Statement shall be submitted prior to the
commencement of development for the approval of the
Council as Planning Authority.  Thereafter, the approved
Action Plan will be implemented in full prior to the first
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occupation or uptake of the use of the relevant
development phase.
Reason: In the interests of protecting environmental
quality and of biodiversity.
29. As part of any application for the Approval of Matters
Specified by Condition (AMSC) a detailed landscaping
and planting scheme including details of the species,
height, size, location, density and maintenance regime of
trees and shrubs to be planted, shall be submitted.  The
scheme must illustrate that adequate compensatory tree
planting for lost trees will be achieved with at least 3 trees
planted for every tree lost.
Reason: In order to justify the loss of any trees and to
ensure that adequate landscaping is provided for the
development.
30. As part of each application for the Approval of Matters
Specified by Condition (AMSC) details of the specific
measures for the installation and operation of low and
zero-carbon generating technologies reduce energy to
demand and emissions from the development shall be
submitted.
Reason: in the interests of reducing carbon emissions. 
Justification
The proposal is considered a minor departure from the
Development Plan however there are material reasons which
justify departing from the Development Plan. 
Procedural Notes
SEPA has submitted a holding objection to the proposed
development, in relation to flood risk.  If the Planning and
Placemaking Committee agree with the recommendation to
approve the application, then the application will have to be
referred to the Scottish Ministers for authority to proceed. 
Informatives
1. Additional groundwater monitoring should be carried out
over a full calendar year to include both summer and
winter periods.
2. If there is any proposal to alter a route of an existing core
path or right of way a further legal procedure is required. 
The granting of planning permission does not stop the
continued right of public access along the existing core
path or right of way.  An order under the Town and
Country Planning (Scotland) Act 1997, Section 208 or an
amendment of the Core Path Plan under the Land
Reform (Scotland) Act 2003 should be sought.
3. The applicant is advised that the granting of planning
consent does not guarantee a connection to Scottish
Water's assets.  The applicant must make a separate
application to Scottish Water Planning & Development
Services team for permission to connect to the public
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wastewater system and/or water network and all their
requirements must be fully adhered to.
4. Where necessary, no work shall be commenced until an
application for building warrant has been submitted and
approved.
5. The applicant is advised that any proposed signage will
require a further application to be submitted for
advertisement consent, unless it benefits from express
consent as per the Town and Country Planning (Control
of Advertisements) (Scotland) Regulations 1984.
6. The applicant is advised that, in terms of Sections 56 of
the Roads (Scotland) Act 1984, he/she/they must obtain
from the Council, as Roads Authority, consent to open an
existing road or footway prior to the commencement of
works. Information on junction types, requirements for
Vehicular Access consents (VA1) and application forms
are available at www.pkc.gov.uk/vehicleaccess.
7. Advice on the disposal of surface water should be sought
at the initial stages of design from Scottish Water and
SEPA. 
THE COMMITTEE TOOK A 5 MINUTE RECESS. 
HAVING DECLARED A NON-FINANCIAL INTEREST IN THE FOLLOWING ITEM
COUNCILLOR A FORBES LEFT THE MEETING AT THIS POINT. 
(iii) 24/00594/AMM - S42 application to vary condition 9
(signalised junction) of permission 21/02137/AMM, The
James Hutton Institute, Errol Road, Invergowrie, Dundee,
DD2 5DA (Report No. 24/206) 
Mr A Cox, James Hutton Institute, on behalf of the applicant,
addressed the Committee and answered Members questions. 
Resolved:
Grant, subject to the following terms, conditions and
informatives: 
Conditions
1. The development hereby approved must be carried out in
accordance with the approved drawings and documents,
unless otherwise provided for by conditions imposed by
this decision notice.
Reason: To ensure the development is carried out in
accordance with the approved drawings and documents.
2. Prior to the use of any lifting equipment including cranes
etc the applicant must receive written confirmation from
Dundee Airport that aircraft departing and arriving on
runway 09/27 will be safeguarded.  Furthermore, the
applicant must receive written confirmation from Dundee
that the use of lights, during construction, shall not dazzle
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nor distract aircraft preparing to land at Dundee Airport,
all to the satisfaction of the Council as Planning Authority.
Reason: To not impact on the operations of Dundee City
Airport.
3. All plant or equipment shall be so enclosed, attenuated
and/or maintained such that any noise therefrom shall not
exceed Noise Rating 35 between 0700 and 2300 hours
daily, or Noise Rating 25 between 2300 and 0700 hours
daily, within any neighbouring residential property, with all
windows slightly open, when measured and/ or calculated
and plotted on a rating curve chart.
Reason: In order to safeguard the residential amenity of
the area.
4. All external lighting shall be sufficiently screened and
aligned so as to ensure that there is no direct illumination
of neighbouring land and that light spillage beyond the
boundaries of the site is minimised to a degree that it
does not adversely affect the amenity of the neighbouring
land.
Reason: In order to safeguard the residential amenity of
the area.
5. No part of the development shall be occupied or brought
into use, whichever is the earlier, until the applicant has
provided the minimum parking provision as shown on
drawing number 39 or 66 of planning approval
21/02137/AMM, to the satisfaction of the Council as
Planning Authority.  Once provided, the parking shall
thereafter be permanently retained as such for the life of
the development.
Reason: To provide a suitable parking provision for the
development.
6. Prior to the occupation of any of the development hereby
approved, the proposed modifications to the A90/Main
Street Roundabout, generally as illustrated on Drawing
No. 135585/sk7001 - page 86 of Transport Assessment
(PKC Ref: 20/01103/16) by Fairhurst dated April 2020,
shall be implemented and available for use for any
vehicles travelling to the site, subject to the satisfaction of
the Planning Authority, after consultation with Transport
Scotland.
Reason: To ensure that the standard of access layout
complies with the current standards, and that the safety
and free flow of traffic on the trunk road is not diminished.
7. No part of the development hereby approved shall be
occupied until the approved Staff Travel Plan (STP)
(document 71 of permission 21/02137/AMM) has been
updated.  The update shall be reflective of the removal of
the proposed mitigation works identified at A85 Riverside
Avenue/Main Street Junction and shall have regard for
the revised operational situation within the development
area identified on drawing number 1.  The updated STP
shall be submitted to and agreed in writing by the Council
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as Planning Authority in consultation with Transportation
and Development.  Thereafter, the agreed STP shall be
brought into effect in line with the bringing into use of the
development and will be subsequently implemented for
the life of the development. The STP will have particular
regard to the following:
• provision for walking, cycling and public transport
access to and within the site and will identify the
measures to be provided;
• the vehicular routes to the site for staff and visitors
to access and egress the site;
• the system of management, monitoring, review,
reporting; and,
• the duration of the plan.
Reason: To promote sustainable transport options and to
meet advice within National Planning Framework on
transport.
8. The details submitted and agreed as part of condition 8 of
planning permission 21/02137/FLM (drawing number 50)
with regards to Construction Traffic Management Scheme
(TMS), shall be adhered to at all times to the satisfaction
of the Council as Planning Authority, unless otherwise
agreed in writing by the Council as Planning Authority. 
The TMP is to remain a fluid document and will be
required to be updated where necessary
Reason: In the interest of proper site management.
9. Access along core path INGI/8 and Right of Way 52/8, or
along the short diversion as specified in drawing number
38 should remain open for responsible access throughout
the construction phase.  On completion the diversion
must be removed and access along the original core
path/Right of Way restored.
Reason: To ensure a satisfactory standard of local
environmental quality; to safeguard the core paths.
10. The details submitted and agreed as part of condition 11
of planning permission 21/02137/FLM with regards to
contamination (drawing numbers 48, 55 and 56), shall be
undertaken and delivered in line with the subsequently
approved plans, prior to the completion or bringing into
use of any part of the development.
Reason: to ensure a satisfactory standard of local
environmental quality.
11. The conclusions and recommended action points within
the supporting Ecological Surveys, Bird Mitigation Plan
and Biodiversity Action Plan submitted and approved as
part of planning approval 21/02137/FLM (drawing
numbers 26, 27 and 37) shall be fully adhered to,
respected and undertaken as part of the construction
phase of development.
Reason: To ensure a satisfactory standard of local
environmental quality; to safeguard the welfare of any
protected wildlife.
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12. Measures to protect animals from being trapped in open
excavations and/or pipe and culverts shall be
implemented for the duration of the construction works of
the development hereby approved.  The measures may
include creation of sloping escape ramps for animals,
which may be achieved by edge profiling of
trenches/excavations or by using planks placed into them
at the end of each working day and open pipework
greater than 150 mm outside diameter being blanked off
at the end of each working day.
Reason: In the interests of employing best practice
ecology and to ensure there is no adverse impact on any
protected species as identified under the Wildlife and
Countryside Act (1981).
13. The detailed landscaping and planting scheme (drawing
numbers 16, 23 and 31 of planning permission
21/02137/AMM) shall be completed within the first
available planting season (October to March) after the
completion or bringing into use of the development,
whichever is the earlier.  The approved scheme shall
thereafter be maintained to the satisfaction of the Council
as Planning Authority, with any planting which fails to
become established within five years being replaced in
the following planting season with others of a size and
species as previously approved.
Reason: In the interests of visual amenity and to ensure
the satisfactory implementation of the proposed planting
scheme.
14. The details submitted and agreed as part of condition 15
of planning permission 21/02137/FLM with regards to
external finishing materials (drawing numbers 49, 51, 52
and 53), shall be implemented prior to the completion or
bringing into use of the development, whichever is the
earlier, to the satisfaction of the Council as Planning
Authority,
Reason: In the interests of visual amenity; to ensure a
satisfactory standard of local environmental quality. 
Justification
The proposal is in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
Informatives
1. As soon as practicable after the development is
complete, the person who completes the development is
obliged by Section 27B of the Town and Country
Planning (Scotland) Act 1997 (as amended) to give the
Planning Authority written notice of that position.  Please
use the form attached herewith.
2. Existing buildings or structures may contain nesting birds
between 1st March and 31st August inclusive.  The
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applicant is reminded that, under the Wildlife and
Countryside Act 1981, as amended (section 1), it is an
offence to remove, damage or destroy the nest of any
wild bird while that nest is in use or being built.  Planning
permission for a development does not provide a defence
against prosecution under this Act.
3. The applicant is advised that if there is any proposal to
alter a route of an existing core path or right of way a
further legal procedure is required. 
The granting of planning permission does not stop the
continued right of public access along the existing core
path or right of way.  An order under the Town and
Country Planning (Scotland) Act 1997, Section 208 or an
amendment of the Core Path Plan under the Land
Reform (Scotland) Act 2003 should be sought.
4. The applicant is advised to refer to Perth & Kinross
Council's Supplementary Guidance on Flood Risk and
Flood Risk Assessments 2021 as it contains advice
relevant to your development.
https://www.pkc.gov.uk/ldp2floodrisk
5. This planning permission is granted subject to conditions,
some of which require further information to be submitted
to Development Management either before works can
start on site or at a certain time.  The required information
must be submitted via the ePlanning portal if your original
application was lodged that way, otherwise send it to us
at developmentmanagement@pkc.gov.uk.  Please be
aware that a fee is payable in respect of each request
made, though there is no limit to the number of conditions
that can be discharged in a single request.  The Fees
Charter is available on our website www.pkc.gov.uk.   
The Council has two months to consider the information. 
You should therefore submit the required information
more than two months before your permission expires. 
We cannot guarantee that submissions made within two
months of the expiry date of your permission will be able
to be dealt with before your permission lapses.
6. The applicant should be aware of the requirements of the
Council's Environment and Regulatory Services in
relation to waste collection from the site and should
ensure adequate measures are provided on site to allow
for the collection of waste.
7. Further information on the need for and level of provision
of Changing Places Toilet Facilities can be found in
Section 41B of the Town and Country Planning
(Scotland) Act 1997, the Town and Country Planning
(Changing Places Toilet Facilities) (Scotland) Regulations
2020 and the associated Circular 1/2020: Changing
Places Toilets Regulations.
8. This development will require the 'Display of notice while
development is carried out', under Section 27C(1) of the
Town and Country Planning Act 1997, as amended, and
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Regulation 41 of the Development Management
Procedure (Scotland) Regulations 2013.  The form of the
notice is set out in Schedule 7 of the Regulations and a
draft notice is included for your guidance.  In accordance
with Regulation 41 the notice must be:
Displayed in a prominent place at or in the vicinity of the
site of the development 
Readily visible to the public 
Printed on durable material. 
COUNCILLOR A FORBES RETURNED TO THE MEETING AT THIS POINT. 
(2) Local Application 
(i) 24/00589/FLL - Erection of a dwellinghouse and garage,
Seaforth, Kintillo Road, Bridge of Earn, Perth, PH2 9AZ
(Report No. 24/207) 
Mr J Bruce, Chair, Earn Community Council (via telephone) and
Mr R Taylor, agent on behalf of the applicant, addressed the
Committee and answered Members questions. 
Resolved:
Grant, subject to the following terms, conditions and
informatives: 
Conditions
1. The development hereby approved must be carried out in
accordance with the approved drawings and documents,
unless otherwise provided for by conditions imposed by
this decision notice.
Reason: To ensure the development is carried out in
accordance with the approved drawings and documents.
2. This planning permission will last only for three years
from the date of this decision notice, unless the
development has been lawfully started within that period.
Reason: This is a Planning Permission in terms of
Section 58 of the Town and Country Planning (Scotland)
Act 1997, as amended by Section 32 of the Planning
(Scotland) Act 2019.
3. Prior to the development hereby approved being
completed or brought into use, the vehicular access shall
be formed in accordance with Perth & Kinross Council's
Road Development Guide Type B Figure 5.6 access
detail, of Type B Road construction detail.
Reason: In the interests of road safety; to ensure an
acceptable standard of construction within the public road
boundary.
4. By Friday 16 August 2024, the pedestrian route from
Kintillo Road to Todd Place shall be constructed and
provided with dropped kerbs at Todd Place and the
crossing over the driveways within the development, to
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permit easy access for pedestrians with prams and
wheelchairs.  The kerb upstands at the dropped kerbs
shall range from 0 mm to 10 mm at these locations.  The
pedestrian route shall connect into Kintillo Road footway
with a flush surface all to the satisfaction of the Council
as Planning Authority.
Reason: In the interests of pedestrian and traffic safety.
5. The detailed landscaping and planting scheme which is
hereby approved shall be implemented as part of the site
development programme and thereafter maintained to the
satisfaction of the Council as Planning Authority.
Reason: In the interests of visual amenity and to ensure
the satisfactory implementation of the proposed planting
scheme.
6. The footway from Kintillo Road to Todd Place and the
associated lighting within the site shall be retained and
maintained in perpetuity to the satisfaction of the Council
as Planning Authority.
Reason: In the interests of visual and residential amenity
and to ensure ongoing permeability through the site. 
Justification
The proposal is in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
Informatives
1. As soon as practicable after the development is
complete, the person who completes the development is
obliged by Section 27B of the Town and Country
Planning (Scotland) Act 1997 (as amended) to give the
Planning Authority written notice of that position.  Please
use the form attached herewith.
2. No work shall be commenced until an application for
building warrant has been submitted and approved.
3. The applicant is advised that in terms of Sections 56 of
the Roads (Scotland) Act 1984 he/she/they must obtain
from the Council, as Roads Authority, consent to open an
existing road or footway prior to the commencement of
works.  Information on junction types, requirements for
Vehicular Access consents (VA1) and application forms
are available at www.pkc.gov.uk/vehicleaccess.  Advice
on the disposal of surface water should be sought at the
initial stages of design from Scottish Water and the
Scottish Environment Protection Agency.
4. Street lighting infrastructure is present at the site,
discussions must be had with the Street Lighting
Partnership to obtain the locations of infrastructure and its
relocation to facilitate the vehicle access.  Contact Mark
Gorrie at Perth & Kinross Council Street Lighting
Department for further details.
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5. The applicant is advised that the granting of planning
permission does not guarantee a connection to Scottish
Water's assets.  The applicant must make a separate
application to Scottish Water Planning & Development
Services team for permission to connect to the public
wastewater system and/or water network and all their
requirements must be fully adhered to.
6. The developer should be aware that should Scottish
Water not agree to accept surface water drainage into
their combined sewer, an alternative surface water
drainage solution will be required which may require
further planning permission.
7. The applicant is advised that Perth and Kinross Council
have a charging scheme for recycling and waste bins for
new build properties and newly created dwellings. 
Further information can be found at:
https://www.pkc.gov.uk/binrequests 
8. Application for a new postal address should be made via
the Street Naming and Numbering page on the Perth &
Kinross Council website at www.pkc.gov.uk/snn.  Please
note there is a charge for this service and submission
cannot be made until the relevant Building Warrant has
been approved. 
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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. 24/243) 
PROPOSAL: Residential development with associated access road,
landscaping, SUDS, and associated works (LDP3 Allocated Site -
MU27) (in principle) 
LOCATION: Land 170 Metres South-West of 8 Tayview, Luncarty 
Ref. No: 23/00592/IPM
Ward No: P5- Strathtay 
Summary 
The proposal seeks Planning Permission in Principle (PPIP) for a residential
development and associated access, landscaping, SUDS, and other works. An
indicative masterplan supporting the application for 110 dwellinghouses shows
vehicular access to the site would pass through the adjacent land, also allocated for
residential development and which has already seen PPIP granted (17/00847/IPM). 
This report recommends approval, subject to conditions and a S75 legal agreement or
other suitable mechanism to control developer contributions and infrastructure, 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 report is an updated version to that which saw planning permission approved at
the Councils Planning and Placemaking Committee of 10 January 2024. This update
is required as, subsequent to that committee it was identified that more detail on the
developer contributions and infrastructure required and the relationship with planning
permission 17/00847/IPM, which allows the development of adjacent land -
particularly its associated Section 75 agreement. As such it is necessary to see the
application reconsidered afresh and a new decision taken, to allow an appropriate
Section 75 agreement to be prepared and entered into. 
BACKGROUND AND DESCRIPTION OF PROPOSAL 
1. The application site extends to some 14.37 hectares and is part of the wider
‘MU27: Luncarty South’ site, which is allocated for residential and commercial
development within the Perth and Kinross Local Development Plan 2 (2019). 
5(1)(i)
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2. It currently comprises arable farmland, with scattered field trees and riverside
woodland, and is located to the immediate south of Luncarty.  The landscape
area is characterised by NatureScot as ‘Lowland River Valley’. The River Tay
being a short distance beyond the eastern boundary. To the south and west is
further low-lying agricultural land, also identified within MU27, whilst further west
is the A9(T) road linking Perth and Inverness. The proposed development would
result in the development of the farmland, but thereafter include new native
woodland, tree planting, and meadow and wetland areas. 
3. The site is identified, in an approved ‘phasing plan’ associated to planning
permission Ref:17/00847/IPM, as being surrounded by Phases 3, 4 and 6. The
site itself being Phase 5.  However, this application proposes that the application
area be brought forward one phase, from Phase 5 to Phase 4. The existing
Phase 4 swapping to become Phase 5. The proposals are for a residential
development for 110 units, access, landscaping, SUDS, and associated works. 
An indicative layout shows a mix of detached and semi-detached units ranging
one-to-5-bedroom properties.  
4. The Pre-Application Consultation (PAC) Report, submitted in support of the
application, provides an overview of the steps taken by the applicant in
undertaking pre-application consultation between them, the local community, and
other interested parties. The submission of this PPIP follows on from that 12-
week pre-application consultation period, which ran until 24th June 2022. As part
of the consultation, two in-person public consultation events were held at the
Luncarty Church Hall on 28 April and 31 May 2022. Both between 2:30pm and
6:30pm. 
5. The application is also supported by an Environmental Impact Assessment
Report (EIAR). 
Pre-Application Advice 
6. Pre application Reference: 21/00586/PREAPP. This advised that overall the
principle of residential development is supported, as it is located on an allocated
site for residential use within LDP2. 
NATIONAL POLICY AND GUIDANCE 
7. The Scottish Government expresses its planning policies through The National
Planning Framework, Planning Advice Notes, Creating Places, Designing
Streets, National Roads Development Guide, and a series of Circulars.   
National Planning Framework 4 
8. The National Planning Framework 4 (NPF4) was approved by the Scottish
Parliament on 11 January 2023. NPF4 has an increased status over previous
NPFs and comprises part of the statutory development plan. 
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9. The Council’s assessment of this application has taken into account the policies
of NPF4 and it is considered that the development proposal accords with the
intentions of this document. The most relevant policies to the application are: 
• Policy 1: Tackling the Climate and Nature Crisis.
• Policy 2: Climate Mitigation and Adaptation.
• Policy 3: Biodiversity.
• Policy 4: Natural Places.
• Policy 5: Soils.
• Policy 6: Forestry, Woodland and Trees
• Policy 7: Historic Assets and Places.
• Policy 12: Zero Waste.
• Policy 13: Sustainable Travel.
• Policy 14: Design, Quality and Place.
• Policy 15: Local Living and 20 Minute Neighbourhoods.
• Policy 16: Quality Homes.
• Policy 18: Infrastructure First.
• Policy 19: Heating and Cooling.
• Policy 20: Blue and Green Infrastructure.
• Policy 21: Play, Recreation and Sport.
• Policy 22: Flood Risk and Management. 
Planning Advice Notes 
10. The following Scottish Government Planning Advice Notes (PANs) and Guidance
Documents are also of relevance: 
• PAN 40 Development Management
• 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 
11. 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. 
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Designing Streets 2010 
12. 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 
13. 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. 
DEVELOPMENT PLAN 
14. The Development Plan for the area comprises the NPF4 and the Perth and
Kinross Local Development Plan 2 (2019) 
Perth and Kinross Local Development Plan 2 
15. 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. The application site is allocated in
LDP2 under MU27. The Luncarty Settlement Summary states the site-specific
developer requirements for the application site as including: 
• A comprehensive Masterplan submitted at the time of any planning
application.
• The open space/landscape buffer which abuts the river Tay must be defined
by a Flood Risk Assessment and protected from built development.
• An updated full Transport Assessment.
• Enhancement of biodiversity and protection of riverbank habitats enhancing
connectivity into the Green Network.
• Developer requirements for the enhancement of core paths and pedestrian
connections into Luncarty and the wider network.
• Investigation of provision of a district heating system and combined heat and
power infrastructure utilising renewable resources.
• Construction Method Statement to be provided for all aspects of the
development to protect the watercourse; and
• A desk-based archaeological assessment of the site. 
16. The principal relevant LDP2 policies are: 
• Policy 1A: Placemaking
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• Policy 1B: Placemaking
• Policy 2: Design Statements
• Policy 5: Infrastructure Contributions
• Policy 6: Settlement Boundaries
• Policy 14A: Open Space Retention and Provision: Existing Areas
• Policy 14B: Open Space Retention and Provision: Open Space within New
Developments
• Policy 15: Public Access
• Policy 17: Residential Areas
• Policy 20: Affordable Housing
• Policy 23: Delivery of Development Sites
• Policy 24: Maintaining an Effective Housing Land Supply
• Policy 25: Housing Mix
• Policy 26: Scheduled Monuments and Archaeology
• Policy 29: Gardens and Designed Landscapes
• Policy 32: Embedding Low & Zero Carbon Generating Technologies in New
Development
• Policy 34A: Sustainable Heating &Cooling: Heat Networks, Major
Development and LDP Site Allocations
• Policy 36A: Waste Management
• Policy 36B Waste Management
• Policy 39: Landscape
• Policy 40A: Forestry, Woodland, and Trees: Forest and Woodlan Strategy
• Policy 41: Biodiversity
• Policy 42: Green Infrastructure
• Policy 47: River Tay Catchment Area
• Policy 50: Prime Agricultural Land
• Policy 51: Soils
• Policy 52: New Development and Flooding
• Policy 53A: Water Environment and Drainage: Water Environment
• Policy 55: Nuisance from Artificial Light and Light Pollution
• Policy 56: Noise Pollution
• Policy 57: Air Quality
• Policy 58A: Contaminated and Unstable Land: Contaminated Land
• Policy 60A: Transport Standards and Accessibility Requirements: Existing
Infrastructure
• Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals 
Developer Contributions and Affordable Housing Supplementary Guidance
(2023) 
17. This document sets out the Council’s policies on Developer Contributions in
relation to Primary Education and Transport Infrastructure/A9 junction upgrades,
as well as setting out what Affordable Housing provision is required for new
developments.
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Site History 
18. 
• 14/00009/PAN The content of a Proposal of Application Notice (PAN) related
to a residential development was agreed by PKC on 5 November 2014.
• 15/00419/SCRN An EIA Screening Opinion for a mixed-use development was
issued by PKC on 24 March 2015, indicating that an EIA was required.
• 15/00511/SCOP An EIA Scoping Request for a residential development was 
• agreed by PKC on 30 April 2015.
• 17/00847/IPM Planning Permission in Principle was approved by PKC on 30
August 2019 on adjacent land for a mixed-use development comprising
residential and employment land, infrastructure including roads, footpaths,
landscaping, drainage, open space and associated works.
• 21/01908/SCRN An EIA Screening Opinion for a proposed residential
development was issued by PKC on 29 November 2021, indicating that an
EIA was required.
• 22/00009/PAN The content of a further PAN was agreed on 10 March 2022,
relating to a residential development, access, landscaping, SUDS and
associated works (allocated site MU27).
• 22/00727/SCOP An EIA Scoping Request for a residential development was
agreed by PKC on 26 May 2022
• 22/00869/IPM A S42 application to modify condition 3 (occupation of
dwellings) of permission 17/00847/IPM was approved on 22 February 2023.
The MU27 allocation and associated site-specific requirements, as well as
condition 3 of application 17/00847/IPM, recognise there is a need for an
appropriate trigger to consider potential additional transport infrastructure
requirements. 
CONSULTATIONS 
19.  As part of the planning application process the following bodies were consulted: 
External 
20. SEPA - No objection: a revised Flood Risk Assessment acknowledges housing is
proposed above 20mAOD and free from flood risk from the River Tay. Green
buffers along the River Tay are welcomed. Advice is provided on SuDS and it is
noted that foul drainage is to be connected to the public sewerage system. It is
further noted that there may be dewatering during construction and advice is
provided. 
21. Historic Environment Scotland (HES) - No objection: HES welcome the
assessment of cultural heritage impact in the EIAR and are content that
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significant impacts are unlikely, with the mitigation proposed. However, more
detailed analysis would be welcomed – such as in relation to landscaping works. 
22. Transport Scotland - No comments. However, in response to a consultation on
an earlier PPiP (17/00847/IPM) for the immediately adjacent land no objections
were raised subject to the inclusion of conditions relating to the masterplan, site
layout plan, new roads infrastructure requirements and proposed phasing plans. 
23. Luncarty, Redgorton and Moneydie Community Council - No comments.  
24. Scottish Water - No objection: Confirm sufficient capacity in the Perth Water
Treatment Works, but insufficient capacity at Perth Waste Water Treatment
Works.  To mitigate this contact should be made with Scottish Water's
Development Operations Department to discuss phasing and delivery
timescales. Advise that records indicate that site falls within a drinking water
abstraction catchment. However, the proposals are a sufficient distance from the
intake, and thus there is low to medium risk to water quality. Given that water
quality protection measures must be implemented, Scottish Water should be
involved in discussions around the more detailed proposals and potential
mitigation measures prior to the submission of a detailed planning application.
Further advice is provided to the applicant on engagement with Scottish Water. 
25. NatureScot - No objection. Conditions are recommended to mitigate impact on 
internationally important natural heritage interests associated to the River Tay
Special Area of Conservation (SAC), designated for its populations of: Atlantic
salmon; otter; brook, river, and sea lamprey; and clearwater lochs. It is noted that
Fresh Water Pearl Mussels (FWPM) are not currently a River Tay SAC qualifier;
however, they are a protected species. It is an offence to intentionally or
recklessly kill, injure take or disturb mussels, or to damage their habitat and a
Species Protection Plan (SPP) should be produced to address impacts from any
outfall to the mussel population. 
26. Perth and Kinross Heritage Trust (PKHT) - No objection: PKHT confirm that
there is archaeological potential, with a number of sites recorded nearby, as well
as designated heritage assets in the vicinity (Scheduled Monuments, Listed
Buildings, Gardens and Designed Landscapes). A condition for a programme of
archaeological work is recommended and will inform a mitigation strategy. The
details of this should be agreed in a Written Scheme of Investigation (WSI)
approved via condition. (Condition 7) 
Internal 
27. Environmental Health (Contaminated Land) - No objection: reiterate the
requirement for a contaminated land condition. (Condition 29) 
28. Environmental Health (Noise, Odour) - No objection: Advise there will be no
significant noise or vibration impacts subject to a condition requiring a Noise
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Management Plan within the Construction Environmental Management Plan
(CEMP) and an additional condition relating to fixed plant. Further advise that Air
Quality can be protected via a condition requiring a Dust Management Plan.  All
of which could be incorporated into the CEMP. No significant post completion
impacts on the Perth AQMA are anticipated.  
29. Transportation and Development - No objection. However, advise that
Condition 3 of 22/00869/IPM states that no more than 350 dwellinghouses by
2029 and then subsequently no more than 520 dwellings and 5 hectares of
employment land must be constructed, and occupied, in advance of a scheme for
new road infrastructure solutions. It is recommended that a similar condition,
reflective of the scale of this application, is included in any consent issued.
(Condition 21) 
30. Access to the site will be via earlier Phases consented under applications
17/00847/IPM and 22/00869/IPM. The Transport Assessment (TA) advises of
core paths to the north, east and south and it is proposed to connect with these
paths. Although indicative details have been provided, any future MSC
submissions will require to clearly detail the connections, along with any
enhancements to the core path. A planning condition is recommended to secure
details regarding any obstruction, dissecting and re-routing of any core paths.
(Conditions 4 and 5) 
31. The phased implementation of a Public Transport Plan (PTP) should be carried
out prior to the occupation of the 1st/50th/100th dwellings, in line with other similar
developments. Furthermore, the location and standard of bus stops must be
confirmed and delivered, including the incorporation of real-time bus information.
This has been covered by the inclusion of Condition 27. 
32. In line with application 17/00847/IPM, further assessment is required to identify a
new road infrastructure solution to distribute traffic from the development via
transport networks. Thus, a similar condition is recommended. Further advice on
parking and cycle parking; and waste collection vehicle access, to be included in
conditions, is provided. This has been covered by the inclusion of Condition 27. 
33. Development Contributions Officer - No objection. The application site forms
part of LDP2 site allocation MU27 “Luncarty South", allocated for 589-760 homes
and 5ha employment land.  Consent has been granted for the land adjacent
(17/00847/IPM and varied via 22/00869/IPM). That land and this site form LDP2
site MU27. A Section 75 Agreement was entered into for the adjacent land, which
includes planning obligations relating to core paths, public transport, sports
facilities, play facilities, open space, affordable housing, primary education, and
transport infrastructure. Those obligations should be considered insofar as they
relate to the current application site. 
34. Issues to address include: compliance with the Affordable Housing Policy (25%
of 110 units would be 27.5 units); and that Luncarty Primary School sees
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predicted capacity rate issues associated to the development, and thus
contributions towards education infrastructure are required. 
35. The Transport Infrastructure Developer Contributions Supplementary Guidance
also states that there is a requirement for the development to make a financial
contribution towards the cost of delivering transport infrastructure improvements. 
36. Community Waste Advisor - Environment Services - No objections. Advise
that the developer must contact the Community Waste Team to discuss waste
collection requirements (access for vehicles and bin storage arrangements) as
the site progresses. Advice on during construction arrangements is also
provided. This has been covered by the inclusion of Informative 7.  
37. Biodiversity/Tree Officer - No objections. Provides advice on the required
information related to the SAC, Protected Species and Habitats Regulations
Appraisal (HRA). 
38. Further advise that more information is required on trees: map plotting and an
impact assessment associated to the development. Condition 20 has been
recommended to cover the potential for impact on trees. A bat survey is also
requested, along with a detailed landscaping plan and planting schedule, which
has been covered by the inclusion of Conditions 18 and 2. 
39. Conclusions from the EIAR and requirements detailed in the LDP2, and PKCs
Planning for Nature Supplementary Guidance should be used to create a Site
Biodiversity Action Plan, required by Condition 14. 
40. Community Greenspace - No objections. This development (Wedge) is
inherently linked with the mixed-use development outlined in planning application
17/00847/IPM (A&J Stephen/I&H Brown). Heads of Terms were drawn up for the
Stephen/Brown development that incorporated development at the Wedge site.
Costs as described in the Heads of Terms were split proportionally between
developers (72.5%:27.5%) In this instance, although a play area would not be
required, a financial contribution towards the upkeep and future upgrade of
existing play areas in Luncarty should be secured (110 units would see a
payment of £13,231.50 (uplifted with RPI) associated to the upkeep of the nearby
NEAP). This will be secured via a S75 or other suitable mechanism.  
41. Otherwise, a detailed layout plan including elevations, tree planting plan, and
maintenance plan would be required before a figure can be estimated for the
adoption of any open space by PKC. Advice on open space adoption and costs
is also provided.  This has been covered by the inclusion of Condition 5 and 19. 
42. Finally, it is advised that access along the core paths LUNC/100, LUNC/116,
LUNC/117, LUNC/2 and rights of way 36/2 should not be obstructed or deterred.
This has been covered by the inclusion of Condition 4. 
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43. Development Plan Team - No objections. Support the principle of residential
development via the MU27 allocation in LDP2, subject to assessment against the
site-specific developer requirements, and policies of the Development Plan.
44. It is noted that the indicative layout shows four connections to the other phases,
two to the south and two to the east. A revised masterplan strategy layout is
sought to include this link, and also to include more east west linkages from the
developable area to the river core path (LUNC/2). It is recommended that
Condition 5 is included to this effect. 
45. An updated District Heating Feasibility Study for the whole site is also required to
be submitted in writing for the approval of the Planning Authority to assess the
technical feasibility and financial viability of heat network/district heating for this
site. This has been covered by the inclusion of Condition 24. 
46. The accompanying Design and Access Statement, or other document as agreed
by the Council, should demonstrate how the findings of the District Heating
Feasibility Study has been incorporated into the finalised design and layout of the
proposal. As a phase of the overall masterplan for MU27, many of the conditions
of the 17/00847/IPM should also be added to this permission. 
47. Structures And Flooding - No objections. Advise that there are no known
watercourses running through the site. The River Tay runs to the east flowing
from north to south. A supporting Drainage Impact Assessment and a Masterplan
Strategy show the existing site contours, the proposed development areas and
two potential locations for SuDS features. 
48. The indicated SuDS areas appear inadequate to attenuate anticipated volumes,
without significant basin depths and should be addressed at the detailed design
stage. This has been covered by the inclusion of Condition 28. 
49. There are two watercourses close by; the River Tay and the Schochie Burn to
the north. As such the detailed design stage should see buildings suitably set
back and landscaping or groundworks within the flood extent designed to ensure
no loss of storage or impact on flood risk. 
Representations 
50. Four objections and one submission in support of the application were received.
The main issues raised are:
• Adverse effect on visual amenity.
• Inappropriate housing density.
• Inappropriate land use.
• Loss of trees.
• Out of character with the surrounding area.
• Over development.
• Issues of overlooking / loss of privacy.
• Road safety issues.
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• Traffic congestion.
• Loss of open space.
• Impact on wildlife.
• Impact on local footpath network. 
51. The main point of support was that there is a need for new homes in the area. 
52. These issues are addressed in the Appraisal section of the report. 
ADDITIONAL STATEMENTS 
53 Screening Opinion EIA Required 
Environmental Impact Assessment (EIA):
Environmental Report
Submitted 
Appropriate Assessment under Habitats
Regulations
Habitats Regulations
AA Not Required 
Design Statement or Design and Access
Statement
Submitted 
Report on Impact or Potential Impact e.g.,
Flood Risk Assessment
Submitted 
APPRAISAL 
54. 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 and the Perth and
Kinross Local Development Plan 2 (2019). 
Principle 
55. The principle of residential development at the site and adjacent land is
supported by the Development Plan through allocation in the LDP2 (MU27) for
residential and commercial use. Furthermore, the remainder of MU27 saw PPiP
approved (ref: 17/00847/IPM) on 30 August 2019, with an implementation period
of 20 years. That 2019 permission then being supplemented by a fresh consent in
2023 (ref: 22/00869/IPM). 
56. MU27 is contained within the defined Luncarty settlement boundary as a planned
urban expansion. The proposal is thus compliant with Policy 6: Settlement
Boundaries, and the principle of residential development is accepted, subject to
the site-specific requirements. Concerns have been raised in an objection over
the use of the land for housing. However, given the LDP2 allocation and
subsequent approved adjacent consents as related phases, the development of
housing is accepted. In addition, the overall size of the application site and likely
densities, as indicated in supporting information, do not see it considered that
over development would result. In addition, an objection considers the proposed
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density inappropriate. However, the proposals reflect densities in the residential
areas of Luncarty and other similar contexts. 
Design and Layout 
57. As a PPiP, the proposals seek to establish the acceptability of the principle of
residential development. However, precise details such as siting, layout, scale,
height, design of buildings are not yet sought to be confirmed and would require
to be controlled via conditions. 
58. The information submitted, whilst illustrative, indicates a broadly acceptable
development layout in planning terms. It provides information including where the
residential areas will be located and how they would be accessed. An indicative
masterplan shows that nearly 32% of the units with either 1 or 2 bedrooms and a
mix of both houses and flats. This provision of smaller properties is higher than
the 10% required by Policy 25 of LDP2 and is welcomed. In addition, the
requirement of LDP2 Policy 20 to have 25% of all dwellings to be ‘affordable
housing’ is also identified. There will be 5 different house sizes, providing a good
mix and choice. 
59. The development principles set out are considered acceptable, taking into
cognisance required landscape mitigation while still allowing retention of control
over further detailed design matters. The requirement for an updated District
Heating Feasibility Study for the whole site can be controlled via condition to
assess the technical feasibility and financial viability of heat network/district
heating for this site (Condition 24). The submitted Planning Policy, Design and
Access Statement, accords with LDP2 Policy 2: Design Statements. Overall, the
proposal is considered to demonstrate the ability to comply with LDP 2 Policy 1:
Placemaking, subject to detailed design work, and NPF4 Policy 14: Design,
Quality and Place, Policy 15: Local Living and 20 Minute Neighbourhoods and
Policy 16: Quality Homes. 
60. Detailed design issues would be confirmed through subsequent applications for
the Approval of Matters Specified in Conditions (AMSC), via recommended
conditions. 
Landscape 
61. LDP 2 Policy 39 states that development should be compatible with the
distinctive characteristics and features of Perth and Kinross’ landscapes. In this
respect the proposal would see the development of arable farmland through the
introduction of new buildings, associated access and services, as well as
proposed areas of new native woodland, tree planting, meadow, and wetland.
Although development will result in the loss of agricultural land this has been
accepted via the allocation in LDP2, it is also proposed to provide open space in
the northern and eastern areas. Furthermore, tree planting is proposed along the
indicated spine road and residential streets. Therefore, given the level of
agricultural land adjacent to the application site and wider context of landscape
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features and the proposed developments the impact on the landscape character
is accepted and mitigations are to be undertaken. 
62. New tree planting will focus on native species, especially those that will thrive in
the local conditions. There will be an emphasis on broad-leaved species that
would contribute to biodiversity enhancement as well as local landscape
character and visual amenity. All trees would be planted, and wildflower
meadows seeded, at the first available opportunity in accordance with seasonal
restrictions. Where possible, advanced planting would be undertaken to ensure
the early establishment of new woodland areas. This will be covered by the
inclusion of recommended Condition 2 and 19.  As such, it is considered that the
proposed development is in accordance with LDP2 Policy 39: Landscape; LDP2
Policy 51: Soils, NPF4 Policies 3: Biodiversity, 4: Natural Places, 5: Soils, 6:
Forestry, Woodland and Trees and 20: Blue and Green Infrastructure.      
Residential Amenity 
63. LDP2 Policy 17: Residential Areas, highlights that areas of residential and
compatible uses inside settlement boundaries will see existing residential
amenity protected and, where possible, improved. The proposed buildings would
be of a scale consistent with that of existing built form within Luncarty and the
isolated dwellings in the surrounding area. Also accounting for the fact that the
site is allocated for residential land use in LDP2. The built form will vary to create
a residential development which will enhance the residential amenity of Luncarty.
Any potential for loss of privacy / overlooking as well as occupier and wider
amenity can be addressed at the detailed planning application stages. (i.e.
Condition 2) 
64. LDP2 Policy 56: Noise Pollution states that there will be a presumption against the
siting of development proposals which will generate high levels of noise in the
locality of existing or proposed noise sensitive land uses and similarly against the
locating of noise sensitive uses near to sources of noise generation. In this
regard noise impact issues have been assessed, particularly focusing on areas
to the west of the site which are near the A9 trunk road and the Perth to
Inverness rail line. 
65. It is anticipated that there will be some impact on residential amenity from noise,
focused during the construction phase. This noise need not be excessive and will
be no more that can be expected from development works common to this nature
and size of proposal. However, given that the use of fixed plant is anticipated,
and in order to protect residential amenity, Condition 8 is recommended to
require a Noise Impact Assessment. Restrictions on working hours are also to be
controlled via Condition 10. 
66. LDP2 Policy 57: Air Quality states that the Council has a responsibility of
improving air quality by seeking to prevent the creation of new pollution hotspots,
and to prevent introduction of new human exposure where there could be
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existing poor air quality. Any proposed development that could be adverse,
through exacerbation of existing air quality issues or introduction of new sources
of pollution (including dust and/or odour), must provide appropriate mitigation
measures. These will be included in a Construction Environment Management
Plan (CEMP), which is covered by recommended Condition 9. 
67. A Dust Risk Assessment has been submitted concluding that the proposed
development sees a medium risk of adverse impacts from dust. This being the
case, a Dust Management Plan must be included in the CEMP. Subject to this
the development is not expected to have an adverse effect on local air quality or
any of Perth’s Air Quality Monitoring Areas (AQMA). The proposed development
is, therefore, considered in accordance with LDP2 Policies 56: Noise Pollution
and 57: Air Quality. 
Visual Amenity 
68. Matters relating from the detailed design/layout and resultant visual impact will be
fully assessed via subsequent MSC applications. However, the principle of the
proposal is considered to comply with LDP2 Policy 39. Concerns have been
raised in representations that the proposed development will lead to a loss of
visual amenity. However, recommended Condition 2 will address the site-specific
requirements for landscape framework provision, enhancement of biodiversity
and compensatory planting for any felled trees – all to ensure appropriate visual
amenity in the context of the development being a planned urban extension
within LDP2. 
Roads and Access   
69. LDP2 Policy 15: Public Access states that development proposals that would
have an adverse impact upon the integrity of any (including proposed) core path,
disused railway line, asserted right of way or other well-used route and
connectivity proposals identified in the Regional Transport Strategy and Delivery
Plan will not be permitted. Although, it is recognised that the proposed
development may lead to an increase in traffic on local roads, a proportion of this
can be accommodated on the existing roads network and able to be mitigated by
sustainable transport options for various journeys.  Thereafter once the triggers
set out in Condition 21 are reached there is a requirement to implement a
scheme of new road infrastructure solutions, to be agreed and implemented via
that condition. 
70. In this instance, the site is currently accessed off the B9099, via Scarth Road and
a minor private road. The proposals have been designed not to impact the core
path which runs adjacent. As part of any detailed application all accesses shall
be clearly set out, along with any enhancements to the core path. It is noted that
vehicular access, will involve dissecting the core path network, the detail of which
shall also be provided with any planning submission. Condition 4 and 5 is
recommended to ensure that core paths are not adversely affected. 
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71. A path network for active travel, within the site, for: walking, cycling, and
wheeling has yet to be fully defined but will be required at MSC stage. This will
ensure that there is no adverse impact on the local footpath network, but likely
result in enhancement. The application highlights that parts of Fairview have
footways but that sections of Scarth Road do not. The junction improvement
works identified in application 17/00847/IPM, will provide connectivity to the site
from the B9099. These issues have been addressed by the inclusion of
Conditions 2, 26 and 27. 
72. LDP2 Policy 60A: Existing Infrastructure, sees existing transport infrastructure
identified, and encouragement given to the retention and improvement of these
facilities, provided the improvements are compatible with adjoining land uses. 
73. LDP2 Policy 60B: New Development Proposals, states that all development
proposals that involve significant travel generation should be well-served by, and
easily accessible to all modes of transport. In particular, sustainable modes:
walking, cycling and public transport should be considered, prior to private car
journeys. 
74.   In this instance, the submitted Transport Statement highlights the need for local
bus services to connect to the development, as a result a Public Transport Plan
is required. Developer Contributions are also required to provide transport
infrastructure improvements. Routes to and from the development will also need
to be bus/coach suitable, confirmed via swept path analysis, and areas are to
beidentified for the uplift/set down of passengers/school pupils and where bus
stops/shelter infrastructure can be provided. Implementation of the Public
Transport Plan (PTP) will be carried out prior to the occupation of dwellings (first,
fiftieth and one hundredth dwelling)   
75. In line with permission 17/00847/IPM, a further assessment shall take place to
identify a road infrastructure solution to distribute traffic from the development via
transport networks. Condition 21 is recommended on a similar format pro rata.
The Travel Plan Framework information is considered acceptable and sets out
means of delivery. This will be developed further as part of any detailed planning
application submitted. 
76. Overall, the proposed development does not raise any insurmountable issues,
subject to conditions relating to the masterplan, site layout, scale, access, core
paths, and a Construction Traffic Management Plan. On this basis and subject to
the recommended conditions, the proposed development can comply with LDP2
Policies 15, 60A and 60B; and NPF4 Policies 13: Sustainable Travel, 14: Design
Quality and Place,18: Infrastructure First, and 21: Play, Recreation and Sport. 
Drainage and Flooding 
77. LDP2 Policy 52: New Development and Flooding, states that the Council
supports actions and objectives to avoid increased, reduce overall, and more
generally manage flood risk in alignment with SEPA Strategies and Plans. 
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78.  LDP2 Policy 53A: Water Environment, requires that any development should
protect and where practical improve the water environment (ground and surface
water). 
79. LDP2 Policy 53B: Foul Drainage, asks that foul drainage from all developments
within and close to settlements should connect to the public sewer. 
80. LDP2 Policy 53C: Surface Water Drainage, requires Sustainable Urban Drainage
Systems (SUDS), including relevant temporary measures at the construction
phase. Matters relating to SUDS are covered in recommended Conditions 12 and
28. 
81. In this instance, the proposed development sits above a level at threat of river
flooding. The mitigation measures identified in the Environmental Impact
Assessment Report (EIAR) will ensure that water quality standards are met and
comply with SEPA’s requirements. This has been covered by Condition 14. 
82.  In terms of construction phase surface water, a Construction Environment
Management Plan (CEMP) should be submitted at the detailed application stage.
This should include a Pollution Prevention Plan and further information regarding
the flood history of the River Tay. In addition, final layouts should see buildings
set back sufficiently from the Schochie Burn. In light of the above, the proposed
development is considered to accord with LDP2 policies 52, 53A, 53B, 53C; and
NPF4 policies 14: Design, Quality and Place, 16: Quality Homes, 18:
Infrastructure First, and 22: Flood Risk Management. 
Waste Collection 
83. The Council’s Community Waste Advisor is satisfied with the proposed waste
management arrangements but asks that further discussions on detail should
take place. An informative note is recommended (Informative 7). Subject to this
being reflected in the detailed submissions the proposed development is in
accordance with LDP2 Policies 36A, 36B: Waste Management, and NPF4 Policy
12: Zero Waste. 
Natural Heritage and Biodiversity 
84. LDP2 Policy 40: Forestry, Woodland, and Trees states that Tree Surveys,
undertaken by a suitably qualified professional, should accompany all relevant
applications for planning permission containing trees and that there is a
presumption in favour of protecting woodland resources. 
85. A Tree Survey has been submitted, but no impact assessment on the potential
adverse impact on trees. However, this has been covered by the inclusion of
Condition 20. Concerns have been raised in representations that the proposed
development will result in an unacceptable loss of trees. However, whilst there
are likely to be trees felled, mitigation, in the form of tree and shrub planting, will
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ensure that the overall tree loss is appropriate. This has been covered by the
inclusion of Conditions 2(vi) and 19. 
86. Therefore, any consent issued will include a condition (Condition 20) that such a
Tree Impact Assessment is submitted. Further conditions will require a detailed
landscape plan and planting schedule (Conditions 2, 19). This future landscaping
should see a predominance towards native Scottish trees and hedgerows and
also include fruit bearing trees for biodiversity purposes. Furthermore, any
existing mature trees located within 30m of the site should be surveyed for bats.
(Condition 18). Subject to these detailed matters the proposed development is
likely to be in accordance with LDP2 Policy 40: Forestry, Woodland, and Tress,
and NPF4 Policy 6: Forestry, Woodland, and Tress. 
87. LDP2 Policy 41: Biodiversity states that the Council will seek to protect and
enhance all wildlife and wildlife habitats, whether formally designated/protected
or not. All whilst taking into account the ecosystems and natural processes in the
area. Issues relating to the impact on, and protection of wildlife and habitats are
controlled via recommended Conditions 2, 13, 14, 15, 16, and 18. 
88. A bat survey must be submitted with any detailed planning application, in line
with Condition 18. Furthermore, an Ecological Impact Assessment Report is
required with any detailed planning application, to include all the relevant impact
assessments for habitats, species, and existing trees on site. This has been
covered by the inclusion of Condition 14. The conclusions of the Ecological
Conservation Impact Assessment (EcIA), in addition to PKC Planning for Nature
Supplementary Guidance, will provide guidance to form the basis of a Site
Biodiversity Action Plan. Subject to the addition of the referred, suitably worded
conditions, the proposed development is considered in accordance with LDP2
Policy 41: Biodiversity, and NPF4 Policy 3: Biodiversity. 
89. LDP2 Policy 42: Green Infrastructure, states that the Council will require all new
development to contribute by: 
(a) creating new multifunctional green infrastructure,
(b) incorporating high standards of environmental design,
(c) ensuring that development does not lead to the fragmentation of existing
green and blue networks, and
(d) the protection, enhancement, and management of existing green
infrastructure. 
90. In this instance, the proposed development indicates centrally positioned open
space, with formal avenue-style tree planting and small tree groups. This would
contribute towards creating green routes through the site and enhance the
residential character / setting.  During development phases there would be
gradual establishment of the proposed native tree planting and habitat creation,
to limit impacts and see early establishment and delivery of appropriate planting,
Condition 2(vi) is recommended. 
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91. These embedded landscape design / biodiversity enhancements would provide
new green infrastructure benefiting the surrounding area. Therefore, the
proposed development principles are considered in accordance with LDP2 Policy
42: Green Infrastructure.   
92. LDP2 Policy 47: River Tay Catchment Area, requires protection and
enhancement of the nature conservation interests within the River Tay
Catchment Area. 
93. In this respect surface water drainage systems will be designed to provide
treatment to maintain water quality. Given otters were surveyed during the EIA
process, appropriate mitigation is recommended and will be required – with
protected species surveys (Conditions 13 and 14). Any consent should also
require a Construction Environmental Management Plan (CEMP) is submitted, to
avoid risk of adverse impact on the River Tay SAC (Condition 9). Subject to this,
the proposed development is considered in accordance with LDP2 Policy 47:
River Tay Catchment Area, and NPF4 Policy 3: Biodiversity and Policy 4: Natural
Places. 
94. LDP2 Policy 51: Soils states that The Council seeks to protect soils from damage
such as erosion or compaction. 
95. In this instance during construction subsoil and topsoil would be separated and
retained in order to maximise the quality of subsequent reinstatement works. The
soil would be appropriately stored, to avoid mixing and to preserve their
structure. 
96. Soils would subsequently be re-graded to blend with the surrounding landform.
The re-spreading of stored subsoils would be focused across areas of proposed
wildflower meadow, where lower fertility soils would prevent grasses from
outcompeting the slower establishing wildflowers. The re-spreading of higher
fertility topsoil would be focused across areas of tree planting and garden areas.
Condition 6 relates to these aspects. Subject to this, the proposed development
would be in accordance with Policy 51: Soils, and NPF Policy 5: Soils. 
Developer Contributions 
97. There are requirements in relation to: affordable housing (25% of overall
dwellings); primary education infrastructure; open space, play area upkeep and
maintenance; and maintenance of core path connections. A Section 75 legal
agreement is required in this regard. 
98. Particularly, being within the catchment of Luncarty Primary School and to see
consistency with the terms of the Section 75 Agreement for the adjacent site, a
financial developer contribution will be sought toward the provision of additional
accommodation at Luncarty Primary School. 
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99. In addition, the Council Transport Infrastructure Developer Contributions
Supplementary Guidance requires a financial contribution towards the cost of
delivering the transport infrastructure improvements required to accommodate all
development sites in and around Perth. The site being within the ‘Full’ Transport
Infrastructure contributions zone (Appendix 3 of the Supplementary Guidance). 
Furthermore, the Section 75 for 17/00847/IPM references this site, whereby there
are a number of contributions identified, including for Transport (infrastructure)
and Public Transport. These should be included in the Section 75. It is also
recommended that the contribution figures are re-indexed at the date of
concluding the agreement and that indexing continues thereafter. 
100. All eligible public open space must be adopted by the Council with payment of
the appropriate commuted sums (CS) at time of adoption and transfer of the
Priority Public Open Space title. This application includes a significant amount of
open space, which would likely be subject to a higher commuted sum if the
developer wishes for this to be adopted by the Council. A detailed layout plan
including elevations, tree planting plan, and maintenance plan would be required
before a figure can be estimated. Assuming 110 houses (as per drawing
UDS65599- A2-0201), the commuted sum for adoption of greenspace within the
development would be some £115,000.00 
101. The Provision of 2 offsite football pitches, a changing facility and maintenance
payments totalling £100,833 are also required (27.5% of £366,666 total). 
Furthermore, LDP2 requires core footpaths to be accommodated and potential
contributions for improvements. The LDP also identifies that pedestrian and cycle
routes to the village should be provided and suitable boundary treatments
provided to create a village edge. A proportionate contribution towards the
Luncarty/Stanley Path Improvement project of £12,090 is identified. 
102.  For this development a play area would not be required, but a financial
contribution towards the upkeep and future upgrade of existing play areas in
Luncarty is to be required, given the additional pressure and use these would
receive. The amount requested would be dependent on the number of
dwellinghouses proposed and would see the S75 incorporate values. 
Economic Impact 
103. The development of dwellinghouses at this location will provide jobs directly and
indirectly during construction and, afterwards, have a positive impact through
homeowners spending on goods and services in the local economy and beyond. 
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
104.  A Section 75 Agreement is required, including for core path, public transport,
sports facilities, play facilities, open space, affordable housing, primary
education, and transport infrastructure. Reference will be had to the approach in
the related Section 75 for 17/00847/IPM, including the pro-rata arrangement. 
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DIRECTION BY SCOTTISH MINISTERS 
105. 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 
106. 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), subject to conditions and a legal agreement.
Account has been taken account of the relevant material considerations and
none has been found that would justify overriding the Development Plan.
Accordingly, the proposal is recommended for approval subject to the following
terms and conditions. 
RECOMMENDATION   
Approve the application      
Direction 
1. Perth and Kinross Council direct that sub-sections (2)(a)(i) and (3) of Section
59 of the Town and Country Planning (Scotland) Act 1997 apply with respect
to the in Principle Permission (23/00592/IPM) with the substitution of the
period of 3 years referred to in each of those subsections, with the period of
20 years. 
Conditions and Reasons for Recommendation 
General 
1.  Application for the approval required by a condition imposed on this Planning
Permission in Principle shall conform with the requirements of Regulation 12 of
the Town and Country Planning (Development Management Procedure)
(Scotland) Regulations 2013 and of Section 59 (2) and (3) of the Town and
Country Planning (Scotland) Act 1997 as amended by Section 21 of the
Planning etc. (Scotland) Act 2006 and, in particular, must be made before
whichever is the latest of the following: 
(i) the expiration of 6 months from the date on which an earlier application for
the requisite approval was refused, or
(ii) the expiration of 6 months from the date on which an appeal against such
refusal was dismissed. 
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Reason - In accordance with the terms of Section 59 of the Town and Country
Planning (Scotland) Act 1997 as amended by Section 21 of the Planning etc.
(Scotland) Act 2006. 
2.  No works in connection with the development hereby approved shall take place
until full details of the siting, design, external appearance and landscaping of the
development and the means of access serving the development (hereinafter
referred to as the 'Matters Specified in Condition') have been submitted to and
approved in writing by the Planning Authority. The specified matters include: 
(i)  a detailed phasing plan, commensurate with the phasing plan agreed as
part of the wider MU27 allocation
(ii)  a detailed levels survey (existing and proposed) and cross sections showing
proposed finished ground and floor levels of all buildings forming part of the
development phase, relative to existing ground levels and a fixed datum
point;
(iii)  the siting, design, height and external materials of all buildings or structures;
(iv)  the details of all roads, footpaths, cycleways, core path connections
throughout the development, and connecting to existing infrastructure; (v)
details of any screen walls/fencing to be provided (including any acoustic
barriers);
(vi)  measures to maximise environmental sustainability through design,
orientation and planting or any other means;
(vi)  details of all landscaping, structure planting and screening associated with
the development of each site and incorporating suitable landscape buffers
to define the settlement edge and mitigate visual impacts of built form;
(vii)  the lighting of all streets and footpaths;
(viii)  the layout of any play areas and the equipment to be installed;
(ix)  full details of the proposed means of disposal of foul, surface and roads
water from the development;
(x)  details of car charging points to be provided within the development; and
(xi)  A minimum 40% of dwellings shall incorporate swift bricks and bat roost
bricks at eaves height. 
Reason - This is a Planning Permission in Principle under Section 59 of the Town
and Country Planning (Scotland) Act 1997 as amended by Section 21 of The
Planning etc. (Scotland) Act 2006. 
3.  As part of any application for Approval of Matters Specified in Conditions, as set
out in Condition 2(i),a phasing strategy for the overall allocation (supported by
appropriate plans) shall be submitted to and approved in writing by the Council
as Planning Authority. The phasing strategy shall have regard to the
requirements of Condition 3 and include and demonstrate the following details: 
(i)  The timing and number of dwellings to be developed in this phase shall not
exceed 110 dwellinghouses/units, and how their delivery relates to the
development of housing numbers associated to the overall MU27 allocation;
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(ii)  The timing of delivery of infrastructure (including roads/footways and other
access requirements associated to the overall MU27 allocation), open
space and landscaping. 
Reason - The application is for planning permission in principle only at this stage
and an appropriate level of development, layout and design shall be determined
through applications for the Approval of Matters Specified in Conditions 
Public Access 
4.  Any existing right of way or core path within or adjacent to the proposed
development shall at all times be protected and remain operational during the
construction phases. 
Reason - In the interest of sustainable transportation. 
5.   Prior to the commencement of development, a revised Masterplan Strategy
Layout shall be submitted to and approved by the Council as Planning Authority,
showing a link to the non-core path at the cul-de-sac 25-35 Hatton Road.  In a
form which would improve connectivity and provide a key linkage to the existing
nursery and primary school, and also to include more east-west linkages from the
developable area to the river core path (LUNC/2). 
Reason - To ensure that the masterplan strategy is fully in line with the masterplan
strategy for application 17/00847/IPM, in accordance with LDP2 allocation MU27. 
Soils 
6.    Prior to works commencing on site, a soil re-use and management plan shall be
submitted to and approved in writing by the Council as Planning Authority. This
Plan will include details of the storage of all soils and their appropriate re-use in
future phases. 
Reason - To protect soils from damage such as erosion or compaction, in
accordance with LDP2 Policy 51: Soils and NPF4 Policy 5. 
Archaeology 
7.  Development shall not commence until the developer has secured the
implementation of a programme of archaeological work in accordance with a
written scheme of archaeological investigation which has been submitted to and
agreed in writing by the Council as Planning Authority, in consultation with Perth
and Kinross Heritage Trust. Thereafter, the developer shall ensure that the
programme of archaeological works is fully implemented during each phase
including that all excavation, preservation, recording, recovery, analysis,
publication and archiving of archaeological resources within the development site
is undertaken. In addition, the developer shall afford access at all reasonable
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times to Perth and Kinross Heritage Trust or a nominated representative and
shall allow them to observe work in progress. 
Reason - In the interest of protecting archaeological interest within the site.
8.  A noise assessment shall be submitted to demonstrate acceptable internal noise
levels of 35 dB within all dwellings taking into account mitigation from any
acoustic barriers or other such mitigation proposed. 
Reason - In the interests of residential amenity. 
9.  Prior to the commencement of development of each phase an updated
Construction Environmental Management Plan (CEMP) must be submitted for
the approval of the Council as Planning Authority. The measures outlined in the
updated CEMP shall be adhered to at all times during the construction period. 
Reason - In the interests of protecting environmental quality (including private
water supplies) and biodiversity; to ensure no adverse impact on the River Tay
and its Special Area of Conservation designation. 
10.  The times of construction are limited to Monday to Friday 07.00 to 19.00,
Saturday 08.00 to 13.00 with no noise generating work on a Sunday. 
Reason - In the interests of residential amenity. 
Rail Safety 
11.  The applicant must provide a suitable trespass proof fence of at least 1.8 metres
in height adjacent to Network Rail's boundary and provision for the fence's future
maintenance and renewal should be made. Details of the proposed fencing shall
be submitted to the Council as Planning Authority for written approval before
development is commenced and the development shall be carried out in full
accordance with such approved details. 
Reason - In the interests of public safety and the protection of Network Rail
infrastructure. 
12.  All surface or foul water arising from the development must be collected and
diverted away from Network Rail Property. Any Sustainable Urban Drainage
Scheme shall not be sited within 10 metres of the railway boundary and should
be designed with long term maintenance plans which meet the needs of the
development. Details of the design and construction of any drainage scheme
shall be submitted to the Council as Planning Authority for written approval
before development is commenced. The development shall be carried out in full
accordance with such approved details. 
Reason - To protect the stability of the adjacent railway cutting and the safety of
the rail network. 
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Trees and Biodiversity 
13.  A detailed Protected Species Survey, including breeding birds and ecological
surveys, shall be submitted as part of any application for approval of Matters
Specified by Condition. The surveys shall include appropriate mitigation to
protect identified species. 
Reason - In the interest 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). 
14.  The conclusions and recommended action points within the hereby approved
supporting Environmental Impact Assessment (EIA) shall be fully adhered to,
respected and undertaken as part of the construction phase of development. No
development shall commence unless a site specific Site Biodiversity Action Plan
has been submitted to and approved in writing by the planning authority. 
Thereafter, the approved scheme shall be implemented in complete accordance
with the approved details. 
Reason: In the interests of employing best practice ecology and to ensure there
is no adverse impact on any protected species. 
15.  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 interest 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). 
16.  A scheme detailing measures to protect animals from being trapped in open
excavations and/or pipe and culverts shall be submitted for the written approval
of the Council as Planning Authority. 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. Thereafter, the approved scheme
shall be implemented for the duration of the construction works of the
development hereby approved. 
Reason - In order to prevent animals from being trapped within any open
excavations. 
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17.  No work shall start on the relevant parts of the site unless the trees to be
retained, as identified in the submitted surveys, have been protected by suitable
fencing in accordance with BS5837 2012 (Trees in Relation to Construction). The
details of the protective fencing and its location shall be first submitted to and
agreed in writing by 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. 
18. An updated bat survey will be required prior to the commencement of works, if
works have not commenced within 24 months of the date of the bat survey
approved as part of this permission. The updated survey shall include all trees
and structures within and around the application site and shall be submitted to
the Council as Planning Authority for written agreement and works shall not
commence until after such written agreement has been issued by the Council. 
Reason - In the interests of protecting environmental quality and of biodiversity. 
19. 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 to the satisfaction of the Council as
Planning Authority.  
Reason - In the interests of visual amenity and to ensure the satisfactory
implementation of the proposed planting scheme. 
20. Prior to commencement of development, the applicant shall submit a bespoke
Arboricultural Impact Assessment which will identify the main development
constraints on the application site in respect of trees identified for retention,
including, the proximity of utilities, drainage infrastructure, structures, and
changes in ground levels, which may impact the root protection areas of trees
and above ground tree parts. The AIA must identify trees being retained and
removed at the site, provide details of this impact, inform the construction
methodology (Construction Method Statement), and identify appropriate
measures of tree protection, remedial arboricultural & woodland improvement
works, and mitigation planting 
Reason - In the interests of tree protection and to ensure appropriate mitigation
measures are identified and implemented. 
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Roads and Access 
21.  The maximum number of dwellings permitted via this application to be occupied
by 2029 is 59 dwellings. Furthermore, no more than 88 dwellings, as may be
approved by Matters Specified in Conditions application(s), shall be occupied in
advance of a scheme for new transport infrastructure solutions to distribute
and/or reduce traffic from further development via transport networks, has been
submitted to and agreed in writing by the Council as Planning Authority, in
consultation with Transport Scotland as the trunk roads authority. The solution
may be a vehicular connection to the Cross Tay Link Road (CTLR) or an
alternative measure. The submitted scheme shall be supported by a new
Transport Assessment (TA) with traffic modelling informed using observed traffic
generation data from a minimum of 250 occupied residential units across the
wider MU27 site and include the timing for the delivery for the infrastructure
improvements. 
Reason - In compliance with the allocation MU27 of the Perth and Kinross Local
Development Plan 2 (2019); in the interests of local and trunk road traffic safety;
and enhancing connectivity and integration with Luncarty and the wider area, all
in the interests of good placemaking 
22. Details of the lighting within the site shall be submitted for the approval of the
Council as Planning Authority, in consultation with Transport Scotland, as the
Trunk Roads Authority. Thereafter, the development shall be completed in
accordance with the approved scheme. 
Reason: To ensure that there will be no distraction or dazzle to drivers on the
trunk road and that the safety of the traffic on the trunk road will not be
diminished.   
23.  There shall be no drainage connections to the trunk road drainage system. 
Reason: To ensure that the efficiency of the existing drainage network is not
affected. 
24. An updated District Heating Feasibility Study for the whole site shall be submitted
to, and for the written approval of the Council as Planning Authority to assess the
technical feasibility and financial viability of heat network/district heating for this
site, identifying all available sources of heat (either within the site or offsite) and
other factors such as where land will be safeguarded for future district heating
infrastructure. 
The accompanying Design and Access Statement or other documents as agreed
by the Council should show/demonstrate how the findings of the feasibility study
has been incorporated into the finalised design and layout of the proposal. 
Reason - To identify future district heating opportunities for the development. 
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25.  Prior to the commencement of works on the development, the applicant shall
submit for the written approval of the Council as Planning Authority 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 for liaison with the Roads Authority regarding winter
maintenance;
d)  emergency arrangements detailing communication and contingency
arrangements in the event of vehicle breakdown;
e)  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;
f)  arrangements for cleaning of roads affected by material deposited from
construction sites associated with the development;
g)  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;
h)  details of information signs to inform other road users of construction traffic;
i) arrangements to ensure that access for emergency service vehicles are not
impeded;
j)  monitoring, reporting and implementation arrangements; and
k)  arrangements for dealing with non-compliance. 
The TMS as approved shall be strictly adhered to during the entire site
construction programme all to the satisfaction of the Council as Planning
Authority. 
Reason - In the interests of road safety. 
26.  Prior to the commencement of development mitigation measures for the full
length of Scarth Road are to be submitted and agreed to the satisfaction of the
Council as Planning Authority to accommodate additional traffic generation, and
thereafter implemented in full. 
Reason - In the interests of road safety and residential amenity. 
27.  No part of the development shall be occupied until a comprehensive Green
Travel Plan (GTP) that sets out proposals for reducing dependency on the
private car, and associated Public Transport Plan (PTP) have been submitted
and approved in writing by the Council as Planning Authority, after consultation
with Transport Scotland. The GTP and PTP will have particular regard to
provision for walking, cycling and public transport access to and within the site
and will identify the measures to be provided (including the provision of new
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and/or enhanced public transport services), the system of management,
monitoring, review, reporting and the duration of the plan. 
Reason - to be consistent with PAN 75 Planning for Transport. 
Drainage and Flooding 
28.  As part of an application for the Approval of Matters Specified in Condition, full
drainage calculations and the final layout and depth of the proposed SUDS
ponds and associated infrastructure to be agreed in writing with the Council as
Planning Authority, in consultation with Perth and Kinross Council Flooding
Team. The agreed detail shall thereafter be implemented prior to the completion
of development. 
Reason - In the interests of best practice surface water management; to avoid
undue risks to public safety and flood risk. 
Contaminated Land 
29.  Prior to the commencement of works on site, an evaluation for the potential of the
site to be affected by contamination by a previous use should be undertaken and
as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) will be
submitted for consideration by the Council as Planning Authority. If after the
preliminary risk assessment identifies the need for further assessment, an
intrusive investigation should be undertaken to identify; 
a) the nature, extent and type(s) of contamination on the site 
b)  measures to treat/remove contamination to ensure the site is fit for the use
c)  proposed measures to deal with contamination during construction works 
d)  condition of the site on completion of decontamination measures. 
Prior to the completion or bringing into use of any part of the development the
agreed measures to decontaminate the site shall be fully implemented as
approved by the Council as Planning Authority. Validation that the scheme has
been fully implemented must also be submitted to the Council as Planning
Authority. 
Reason - In order to deal with any potential ground contamination. 
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 
Consent shall not be issued until the Section 75 Agreement has been modified,
signed and registered to take account of this application. The legal agreement
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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 and could be ultimately
recommended for refusal under delegated powers. 
INFORMATIVES 
1.  The applicant is advised that to enable some of the negative suspensive
conditions to be fulfilled works which are operational development may have to
be undertaken out with the application site. These works themselves may require
the submission of a planning application. 
2.  The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act
1984 he/she/they must obtain from the Council, as Roads Authority, consent to
open an existing road or footway prior to the commencement of works.
Information on junction types, requirements for Vehicular Access consents (VA1)
and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on
the disposal of surface water should be sought at the initial stages of design from
Scottish Water and the Scottish Environment Protection Agency. 
3.  The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act
1984 he/she/they must obtain from the Council as Roads Authority Road
Construction Consent (RCC) 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 Environment
Protection Agency. Please note that a fee is chargeable for the processing of
RCC applications. 
4.  The applicants are advised that they must apply to the Roads Authority for
construction consent to form a new street. Please contact The Construction and
Maintenance Manager, The Environment Service, Perth and Kinross Council,
Pullar House, Perth. 
5.  The applicant is advised that the granting of planning permission does not
guarantee a connection to Scottish Water’s assets. The applicant must make a
separate application to Scottish Water Planning & Development Services team
for permission to connect to the public wastewater system and/or water network
and all their requirements must be fully adhered to. 
6.  The applicant is advised that the works may need a license under the Water
(Controlled Activities) Regulations 2005 (CAR). The applicant should contact
SEPA's Perth Environmental Protection and Improvement Team (Tel: 01738
627989) in regard to this. The applicant should ensure that all works on site
comply with the best practice guidelines laid out in SEPA's published Pollution
Prevention Guidance, found at www.sepa.org.uk 
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7.  The Council's Community Waste Adviser in the Environment Service should be
contacted to clarify the bin storage and recycling requirements for the
development. 
8.  The applicant is reminded that, under the Wildlife and Countryside Act 1981, as
amended, it is an offence to remove, damage or destroy the nest of any wild
birds while that nest is in use or being built. Planning consent for a development
does not provide a defence against prosecution under this act. 
9.  The applicant is reminded that, should any protected species be present a
licence may be required from NatureScot to disturb a protected species. Failure
to obtain a licence may constitute a criminal act under the Habitats Regulations
and penalties are severe for non-compliance. 
10.  The Council shall be immediately notified in writing if any ground contamination is
found during construction of the development, and thereafter a scheme to deal
with the contamination shall be submitted to, and agreed in writing by, the
Council as Planning Authority. 
11.  The applicant should be aware that any proposal for noise or vibration sensitive
use adjacent to the railway may result in neighbour issues arising. Every
endeavour should be made by the applicant in relation to adequate protection of
the uses contained within the site. 
12.  The proximity and type of planting proposed are important when considering a
landscaping scheme. Leaf fall in particular can greatly impact upon the reliability
of the railway in certain seasons. Network Rail can provide details of planting
recommendations for neighbours. 
13.  Where trees/shrubs are to be planted adjacent to the railway boundary these
should be positioned at a minimum distance from the boundary which is greater
than their predicted mature height. Certain broad leaf deciduous species should
not be planted adjacent to the railway boundary. 
14.  Buildings should be situated at least 2 metres from Network Rail's boundary. 
The applicant must ensure that the construction and subsequent maintenance of
proposed buildings can be carried out without adversely affecting the safety of, or
encroaching upon, Network Rail's adjacent land. 
15.  Construction works must be undertaken in a safe manner which does not disturb
the operation of the neighbouring railway. Applicants must be aware of any
embankments and supporting structures which are in close proximity to their
development. 
16.  Details of all changes in ground levels, laying of foundations, and operation of
mechanical plant in proximity to the rail line must be submitted to Network Rail's
Asset Protection Engineer for approval prior to works commencing on site. 
Where any works cannot be carried out in a "fail-safe" manner, it will be
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necessary to restrict those works to periods when the railway is closed to rail
traffic i.e. by a "possession" which must be booked via Network Rail's Asset
Protection Engineer and are subject to a minimum prior notice period for booking
of 20 weeks. 
17.  The developer is advised to contact Sophie Nicol, Archaeologist to discuss terms
of reference for work required Tel 01738 477027. 
18.  For guidance on cycle paths please see Sustrans Design Manual Handbook for
cycle-friendly design (drawings on P21-22). 
19.  Please consult the Street Naming and Numbering Officer, The Environment
Service, Perth and Kinross Council, Pullar House, 35 Kinnoull Street, Perth PH1
5GD. 
20.  Any structures & all walls/embankments that act singly or together to support a
carriageway or footpath & retain over 1.5m fill will require Technical Approval. 
21.  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. 
22.  This development will require the 'Display of notice while development is carried
out', under Section 27C (1) of the Town and Country Planning Act 1997, as
amended, and Regulation 41 of the Development Management Procedure
(Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of
the Regulations and a draft notice is included for your guidance. In accordance
with Regulation 41 the notice must be: 
• Displayed in a prominent place at or in the vicinity of the site of the
development
• Readily visible to the public
• Printed on durable material. 
23.  The applicant should be aware of the requirements of the Council's Environment
and Regulatory Services in relation to waste collection from the site and should
ensure adequate measures are provided on site to allow for the collection of
waste. 
24.  If there is any proposal to alter a route of an existing core path or right of way a
further legal procedure is required. The granting of planning permission does not
stop the continued right of public access along the existing core path or right of
way. An order under the Town and Country Planning (Scotland) Act 1997,
Section 208 or an amendment of the Core Path Plan under the Land Reform
(Scotland) Act 2003 should be sought. 
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Background Papers:  4 letters of representation
Contact Officer: Alan Atkins
Date:  30 August 2024 
DAVID LITTLEJOHN
STRATEGIC LEAD – ECONOMY, DEVELOPMENT & PLANNING 
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Ü
Erection of 8 dwellinghouses, formation of vehicular access, drainage and associated landscaping on land
30 metres North East of Deans Oak, Meikleour
23/00592/IPM
Scale
1:15,000
Planning and Placemaking Committee - 11 September
2024
© Crown copyright [and database rights] 2024 OS
AC0000805756. You are permitted to use this data solely to
enable you to respond to, or interact with, the organisation
that provided you with the data. You are not permitted to
copy, sub-licence, distribute or sell any of this data to third
parties in any form.
5(1)(i)
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Ü
Erection of 8 dwellinghouses, formation of vehicular access, drainage and associated landscaping on land
30 metres North East of Deans Oak, Meikleour
23/00592/IPM
Scale
1:10,000
Planning and Placemaking Committee - 11 September
2024
© Crown copyright [and database rights] 2024 OS
AC0000805756. You are permitted to use this data solely to
enable you to respond to, or interact with, the organisation
that provided you with the data. You are not permitted to
copy, sub-licence, distribute or sell any of this data to third
parties in any form.
5(1)(i)
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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. 24/244) 
PROPOSAL: Extension to battery energy storage system facility comprising
144 additional battery units (49.9MW) and associated works 
LOCATION: Land 130 Metres South East of Coupar Angus Substation,
Pleasance Road, Coupar Angus 
Ref. No: 24/00200/FLM
Ward No: P2- Strathmore 
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. The application seeks planning permission for the installation of 144 additional
batteries at the existing Coupar Angus Battery Energy Storage System (BESS)
which was consented under application 19/00513/FLM and revised under
22/00195/FLM. The proposed development is located adjacent to the existing
132kV substation and is approximately 250m south-west of the settlement
boundary of Coupar Angus. The site is largely surrounded by agricultural land
(Broad Valley Lowland) and the nearest residential properties to the site are
located approximately 330m to the northeast on Pleasance Road. Local
topography is generally level, with a slight slope up to the north. 
2. Access to the site is provided from a junction off Pleasance Road, with a section
of access track (approximately 70m in length) which links to the substation. This
track is formed on the western boundary of the site which has been implemented
as part of the previous planning permission 22/00195/FLM. This application will
increase the total number of batteries at the site from 120 to 264. The proposed
additional 144 batteries will be similar in size and scale to the existing approved
120 batteries. 
5(1)(ii)
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SITE HISTORY 
• 16/02230/FLL Full Planning Permission was approved on 9 March 2017 for
the erection of switch room facility and associated works
• 18/00016/PAN submitted on 6 February 2019 for the formation of an energy
storage compound including 15 battery storage units, inverters and
transformers, a substation, ancillary equipment, store, vehicular access, track
and associated works
• 19/00513/FLM Full Planning Permission was approved on 24 September
2019 for the formation of a battery storage facility, vehicular access and
associated works
• 21/00015/PAN Submitted on 18 November 2021 for the formation of battery
energy storage system with associated work and infrastructure of up to 49.9
MW
• 21/02234/SCRN On 1 February 2022 for ground mounted solar photovoltaic
array
• 22/00003/PAN application was withdrawn on 4 February 2022 for the
installation of a 49.9MW ground-mounted solar array and associated works
• 22/00195/FLM Full Planning Permission was approved on 1 June 2022 for
the formation of a battery energy storage system with associated work and
infrastructure of up to 49.9 MW
• 22/00006/PAN On 25 February 2022 for the installation of a 49.9MW ground-
mounted solar array and associated works
• 22/01285/FLM Full Planning Permission was refused on 23 February 2023
for the formation of a 49.9MW solar farm comprising ground mounted solar
arrays, inverters, transformers, a substation, security fencing, CCTV
cameras, cabling, access tracks and associated works
• 23/01294/FLM Full Planning Permission was refused on 13 December 2023
for the formation of a 49.9MW solar farm comprising ground mounted solar
arrays, inverters, transformers, a substation, security fencing, CCTV
cameras, cabling, access tracks and associated works
• 23/00014/PAN On 26 October 2023 for an extension to battery energy
storage system comprising of 144 additional battery units and associated
works
• 23/00015/PAN On 3 October 2023 for the formation of a battery energy
storage facility, including welfare and storage units, ancillary structures,
control room, switchgear room, steel enclosures containing inverters, security
and deer fencing, landscaping and associated works 
ENVIRONMENTAL IMPACT ASSESSMENT 
3. An EIA screening has been undertaken. The proposal being a Schedule 2
development in terms of the Town and Country Planning (Environmental Impact
Assessment) (Scotland) Regulations 2017. In the case of these regulations,
prohibition is given to the granting of planning permission to “EIA development”
unless an environmental impact assessment has been undertaken. In this case
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the Council has taken the opinion that it is not EIA development, and that
sufficient information has been submitted with the application to enable a
determination in consideration of all relevant environmental matters. These
environmental aspects requiring further consideration, are namely: noise,
landscape and visual amenity, trees and biodiversity, roads and transportation
and flood / drainage matters. 
PRE-APPLICATION CONSULTATION 
4.  Pre application Reference: Not applicable to this application.  
5.  The proposed development is classed as a Major development in terms of the
Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations
2009; therefore, the applicant was required to undertake formal pre-application
consultation with the local community. 
6.  Given that the Proposed Development would be classed as a major application
and as the additional 144 batteries would increase the sites capacity, a Pre-
Application Consultation (PAC) Report is submitted with the planning application. 
7.  A Proposal of Application Notice (PAN) was submitted to Perth and Kinross
Council on the 12thSeptember 2023. The PAN sets out the consultation strategy
which includes the arrangement of two in-person consultation events, which were
held two weeks apart from each other. As a result of minor design changes to the
project, the consultation dates were revised, and an updated PAN was submitted
to Perth and Kinross Council on the 27thOctober 2023. Following approval of the
updated PAN, on the 30thOctober 2023, the two in-person consultation events
were held at the Red House Hotel, Station Road, Coupar Angus, Blairgowrie,
PH13 9AL on the following dates: 
•  14 November 2023 at 16:00 till 19:00
•  28 November 2023 at 16:00 till 19:00 
8. The consultation events were advertised in the Perthshire Advertiser seven days
before each consultation event. The first consultation event was advertised on
Tuesday 7th November 2023, and the second consultation event was advertised
on Tuesday 21st November 2023. A consultation website was also set up to
allow easy access to the consultation documents and to allow residents to submit
comments should they be unable to attend the in-person consultation events.
Furthermore, Community Councils were also invited, and invitations were sent to
inform Local Ward Council Members (Strathmore Ward), providing details about
the consultation events. A leaflet drop was also undertaken on the 21st of
November 2023 to maximise the advertising for the 2nd consultation event,
which included delivery to 300 householders closest to the Coupar Angus BESS
site. 
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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 people’s lives by making sustainable,
liveable and productive spaces.  NPF4 has an increased status over previous
NPFs and comprises part of the statutory development plan. 
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 4: Natural Places
• Policy 5: Soils
• Policy 6: Forestry, Woodland and Trees
• Policy 11: Energy
• Policy 29: Rural Development 
Perth and Kinross Local Development Plan 2019 
11. 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. 
12.  The principal relevant policies are, in summary; 
• Policy 1A: Placemaking
• Policy 1B: Placemaking
• Policy 5: Infrastructure Contributions
• Policy 6: Settlement Boundaries
• Policy 8: Rural Business and Diversification
• Policy 33A: Renewable and Low Carbon Energy: New Proposals for
Renewable and Low-Carbon Energy
• Policy 33B: Renewable and Low Carbon Energy: Repowering and Extending
Existing Facilities
• Policy 35: Electricity Transmission Infrastructure
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• Policy 39: Landscape
• Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy
• Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and
Development
• Policy 41: Biodiversity
• Policy 42: Green Infrastructure
• Policy 47: River Tay Catchment Area
• Policy 50: Prime Agricultural Land
• Policy 51: Soils
• Policy 52: New Development and Flooding
• Policy 53A: Water Environment and Drainage: Water Environment
• Policy 53C: Water Environment and Drainage: Surface Water Flooding
• Policy 56: Noise Pollution
• Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals 
Statutory Supplementary Guidance 
• Supplementary Guidance - Flood Risk and Flood Risk Assessments
(adopted in 2021)
• Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020)
• Supplementary Guidance - Landscape (adopted in 2020) 
PKC NON-STATUTORY GUIDANCE 
• 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 69 Planning and Building standards Advice on Flooding
• PAN 75 Planning for Transport 
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National Roads Development Guide 2014 
15. 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 
16. As part of the planning application process the following bodies were consulted: 
External 
17. National Gas - Given that the application site is located within the High Risk Zone
for National Gas Transmission PLC’s apparatus, all plans and a description of the
proposals must be submitted to, and for the review of, the Asset Protection Team. 
18.  Health and Safety Executive - No objection. 
19. National Gas Transmission - No objection. However, it has been requested that
National Gas Transmission are consulted during the design phase and that an
Earthing Report is submitted for review, and to ensure that the pipeline is not
affected 
20. Dundee Airport Ltd - No objection. 
21. Perth & Kinross Council Heritage Trust - No objection. The proposed
development does not raise any significant issues. 
22. Scottish Water - No objection. All proposed developments require to submit a
Pre-Development   Enquiry (PDE) Form to be submitted directly to Scottish
Water via THE Customer Portal prior to any formal Technical Application being
submitted. This will allow Scottish Water to fully appraise the proposals. Advice
has been given regarding reporting pollution incidents and on any pollutants that
may be used in the construction and operation of the development and that may
be a risk to drinking water. 
23. SEPA - No objection. 
Internal 
24. Community Greenspace - No objection. The proposed development will not
result in a negative impact on public access, core paths or rights of way. 
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25. Contaminated Land - No objection. There is no history of ground contamination
at the application site. 
26. Biodiversity - No objection. Furthermore, the previously requested Update
Ecology Assessment has been submitted and all recommendations must be
adhered to in full. A condition is recommended to ensure this. The submitted
information is in accordance with legislation, policy and guidance. 
27. Transportation and Development - No objection. Conditions are recommended
relating to the on – going Construction Traffic Management Plan, and vehicle
movements. 
28. Structures and Flooding - No objection. Conditions are recommended in
relation to a Flood Action Plan, the full implementation of the Flood Risk
Assessment and SuDS. 
29. Environmental Health – Noise / Odour - No objection. Conditions are
recommended in relation to the noise rating of all plant or equipment, noise limits
for the development, the screening of all external lighting and construction hours. 
30. Coupar Angus Community Council - Coupar Angus Community Council have
raised concerns regarding the following: 
• Flooding and emergency access.
• Noise and lack of appropriate acoustic screening.
• Traffic management during construction. 
Representations 
31. 17 representations (in the form of objections) were received. The main issues
raised within the representations are: 
• Flood Risk
• Noise
• Impact on local environment
• Visual Impact
• Inappropriate development for a rural setting
• Size and Scale
• Increase in traffic congestion
• Safety concerns
• Improper management of the existing site 
These issues are addressed in the Appraisal section of the report. 
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ADDITIONAL STATEMENTS 
Screening Opinion EIA not required 
Environmental Impact Assessment (EIA):
Environmental Report
Not required 
Appropriate Assessment under Habitats
Regulations
AA not required 
Design Statement or Design and Access
Statement
Not required 
Report on Impact or Potential Impact eg
Flood Risk Assessment
Noise Impact Assessment
submitted, Flood Risk
Assessment submitted,
Landscape and Visual Impact
Assessment submitted 
APPRAISAL 
32. 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. 
Principle 
33. The location is a peripheral rural area South West of Coupar Angus. Policy
considerations seeking to assess its suitability in principle are: LDP2 Policies 1A,
1B, Placemaking; Policy 8 Rural Diversification; Policy 33A and 33B Renewables
and Low Carbon Energy; Policy 50 Prime Agricultural Land; and Policy 51 Soils.
The relevant NPF4 policies are Policy 1 Tackling the Climate and Nature Crises;
Policy 2 Climate Mitigation and Adaptation; and Policy 11 Energy. Furthermore,
and of significant material consideration in the assessment of this application is
the previous approval of planning permission for the development of a battery
energy storage facility (19/00513/FLM and 22/00195/FLM). 
34. The proposal would provide essential energy balancing services to the National
grid, actively contributing towards Scotland's CO2 reduction targets, supporting
the principles of NPF4. Specifically, electricity would be drawn from the grid at
times of low demand, stored and released back as required. When demand is
higher, greater generation from non-renewable sources is required and energy
storage facilities such as that proposed could reduce reliance on non-renewable
resources, thus decreasing CO2 emissions. NPF4 sets out six overarching
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spatial principles with “Just Transition” relating to the construction of renewable
energy and their contribution to achieving net zero. The NPF4 Sustainable
Places section emphasises the link to Scotland’s Climate Change Plan and sets
the approach to achieving net zero emissions by 2045 and making significant
progress by 2030. The NPF4 also links to Scotland’s Energy Strategy and
highlights the importance of land and sea to be critical in delivering renewable
energy developments. NPF4 provides detailed policy on Climate Change and
Energy and details developer expectations to how proposed schemes will accord
with the policies set out in the document. The overarching policy intent in NPF4 is
to encourage, promote and facilitate all forms of renewable energy development
onshore and offshore.
35. In this case, as the proposal is to expand an existing facility, it is considered that
there is no conflict with any of the relevant LDP2 or NPF4 policies. Whilst there is
a loss of prime agricultural land (identified as Class 2), the loss of land is no
greater than what has already been consented through the previous planning
permissions. This, combined with the locational need for the development close
to the existing electrical substation, in addition to any carbon offsetting potential,
outweigh those impacts on landscape values and agricultural use. Furthermore,
this substation has unconstrained capacity to import and export the electrical
energy required.
36. Notwithstanding the above conflicts, Policy 33B of LDP2 and Policies 1, 2 and 11
of NPF4 specifically encourages low carbon energy solutions where specific grid
connection or the use of established infrastructure can occur. Therefore, on
balance, and given the site specific reasoning for the extension to the battery
storage unit, the proposed development can be supported. Furthermore,
consideration must be given to the finite lifespan of this facility. Whilst the overall
operational life will be some 50 years, minimal disturbance to the site will be
required, allowing the pre-existing land use to resume afterwards.
Design and Layout
37. The site currently has planning permission for 120 batteries which has been
implemented with the BESS facility now in operation. The proposed additional
144 batteries will be similar in size and scale to the existing approved 120
batteries. The proposed 144 additional batteries will be attached to both existing
and new concrete plinths (24 new plinths in total) and will connect to the existing
transformers. The dimensions are proposed to remain similar as previously
approved in 22/00195/FLM.
38. Conditional control (condition 23) will ensure that external finishing colours are
appropriate for the area. In terms of new infrastructure, no additional
transformers are required, however, 12 additional cables are required, which will
follow the same route as the existing on-site cabling. All other features of the
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proposed development will remain the same as what has previously been
approved. 
Residential Amenity 
39. LDP2 Policy 56: Noise Pollution states that there will be a presumption against the
siting of development proposals which will generate high levels of noise in the
locality of existing or proposed noise sensitive land uses and similarly against the
locating of noise sensitive uses near to sources of noise generation. In this
instance, a Noise Impact Assessment was submitted for the original application
(19/00513/FLM) and updated as a result of the submission of application 22/
00195/FLM. The applicant now wishes to extend the BESS by adding an
additional 144 batteries. However, there is no intention to add additional storage
compounds or associated equipment, such as inverters and transformers. It has
been confirmed that the most dominant sound source associated with
developments of this type are the inverters and as there is no intention to add
additional inverters on site. Furthermore, an extension to the existing acoustic
fence has been granted as a non – material variation, which will reduce noise
levels further. Conditional control (condition 14) will ensure the implementation of
this acoustic fence prior to the new batteries becoming operational. This being
the case, the increase in the number of batteries being proposed will only result
in a slight increase of less than one decibel in the noise levels emitting from the
development, which is considered to be acceptable. 
40. However, given an on- going compliant from a neighbour regarding noise levels
from the existing facility, further conditions have been included relating to the
enclosure of all plant and equipment (condition 9) the noise rating to which the
facility can operate (condition 10), a further noise assessment if complaints from
the public are forthcoming (condition 11),  external lighting (condition 12) and
construction working hours (condition 13). 
Landscape and Visual Amenity 
41. Perth and Kinross Council LDP2, Policy 39: Landscape states that development
and land use change should be compatible with the distinctive characteristics
and features of Perth and Kinross’s landscapes. Accordingly, development
proposals will be supported where they do not conflict with the aim of maintaining
and enhancing the landscape qualities of Perth and Kinross. 
42. An updated Landscape and Visual Appraisal (LVA) has been carried out which
builds on the Landscape and Visual Appraisal carried out in 2022. It assesses
the potential landscape impacts of the previous proposal approved under
planning permission (22/00195/FLM). This proposal seeks to increase the
capacity of the site by adding an additional 144 batteries. The updated LVA
assesses any further landscape impacts that the proposed development may
have on the immediate and wider landscape character. It has been concluded
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that, since 2022, there have been no significant changes to the landscape and
visual baseline conditions assessed under the previous LVA. 
43. Overall, the updated LVA has concluded that the proposed development would
result in no loss of, or changes to, landscape features in the immediate area of
the Coupar Angus BESS site. The increase in the number of the battery storage
racks would very slightly increase the visual impact of the BESS site on the
surrounding landscape. However, the proposed increase in visual impact will not
result in adverse visual harm to the defining features and key characteristics of
the Broad Valley Lowlands Tayside Local Character Type (LCT). The updated
LVA has reassessed the key viewpoints originally assessed under planning
permission 22/00195/FLM, to ensure that key views from sensitive receptors
remain protected. Given that the proposals do not take up any further prime
agricultural land, the extension to the existing battery storage unit is in
accordance with LDP2 Policies 50 and 51. 
44. In light of the above, and in terms of landscape and visual impact, it is considered
that the proposed extension to the battery storage unit at Coupar Angus is in
accordance with LDP2 Policies 39, 40A, and 40B, and NPF4 Policy 6. A
condition (condition 20) will ensure that further landscaping is incorporated into
the design to further minimise the landscape impact of the development. 
Roads and Access 
45. LDP2 Policy 15: Public Access states that development proposals that would
have an adverse impact upon the integrity of any (including proposed) core path,
disused railway line, asserted right of way or other well-used route and
connectivity proposals identified in the Regional Transport Strategy and Delivery
Plan will not be permitted. 
46. LDP2 Policy 60A: Existing Infrastructure, sees existing transport infrastructure
identified, and encouragement given to the retention and improvement of these
facilities provided the improvements are compatible with adjoining land uses. 
47. As this is a pre-existing site, there are no changes in terms of access roads, and
as such the implementation of the 144 additional battery units would not
significantly change the overall layout of the site, when compared to the previous
planning permission (22/00195/FLM). The previous consent had a condition for
the formation of the vehicle access onto the Public Road network to ensure the
formation of the vehicle access was suitable for the level of development.
However, there have been several complaints by local residents regarding the
management of the existing development site, and, in particular, non-compliance
with the approved Construction Traffic Management Scheme (CTMS). This being
the case, a condition has been included (Condition 7) to ensure that the CTMS is
strictly adhered to during the entire site construction programme. This condition
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was recommended by Transportation and Development, who have no objection
to the proposed development subject to this condition being applied. 
48. In light of the above, it is considered that the proposed extension to the battery
storage facility is in accordance with LDP2 Policies 15 and 60A, and NPF4
Policies 11 and 12. 
Drainage and Flooding 
49. LDP2 Policy 52: New Development and Flooding, states that the Council
supports the actions and objectives to avoid increased, reduce overall, and more
generally manage flood risk in alignment with SEPA Strategies and Plans. NPF4
Policy 22 states that development proposals must have regard to the water
environment, and drainage, including floodwater management, within any
proposal. 
50. The Council’s Structures and Flooding Team has submitted no objections to the
proposal but has recommended certain conditions. In terms of flooding, the
application site is located adjacent to the flood pain of the Coupar Burn.
According to NPF4 Policy 22, the development is categorised as essential
infrastructure, which can be built on flood risk areas if certain requirements are
met. The submitted Flood Risk Assessment (FRA) appears to have addressed
the policy requirements and has taken steps to mitigate against any flood risks
associated with the development. However, a condition has been included
(Condition 3) that a Flood Action Plan is submitted for the site to improve access
and egress. A further condition has been included (condition 4) to ensure that all
the measures identified in the FRA to prevent the flooding of the site, shall be
fully implemented. Full consideration must be given to the potential of any
impacts on the River Tay Special Area of Conservation. It is not considered that
any adverse concerns arise in this regard. 
51. LDP2 Policy 53C: Surface Water Drainage, requires Sustainable Urban Drainage
Systems (SUDS) measures including relevant temporary measures at the
construction phase. In order to facilitate the draining of the site, a condition
(condition 5) has been included to ensure that water drainage from all paved
surfaces shall be disposed of by means of a SUDS. 
52. In light of the above, it is considered that the proposed extension to the battery
storage facility is in accordance with LDP2 Policies 52, 53C and 60A, and NPF4
policy 22. 
Natural Heritage and Biodiversity 
53. LDP2 Policy 41: Biodiversity states that the Council will seek to protect and
enhance all wildlife and wildlife habitats, whether formally designated/protected
or not. All whilst taking into account the ecosystems and natural processes in the
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area. In accordance with NPF4, development proposals for national or major
development, will only be supported where it can be demonstrated that the
proposal will conserve, restore and enhance biodiversity, including nature
networks so they are in a demonstrably better state than without intervention.
This will include future management. In light of this, a condition (condition 15)
has been included to ensure that the previously requested Updated Ecology
Assessment has been submitted and that all recommendations must be adhered
to in full. Furthermore, Condition 18 has been included to ensure that no
hedgerows and shrubs or trees that may be used by breeding birds, are removed
during the breeding season. In terms of biodiversity enhancements, NPF4
requires major planning applications to provide significant biodiversity
enhancement, that will ensure things are significantly better than before.
Enhancement must be long term, and all information must be provided
upfront. Condition 16 has been included to ensure that an updated ecological
survey is submitted. 
Two bat boxes, two bird boxes and log piles have been proposed in addition to
the measures proposed for 22/00195/FLM. A condition (condition 17) has been
included to increase the number of bat and bird boxes to ensure significant
enhancement. Therefore, the proposal is in accordance with LDP2 Policy 41 and
NPF4 Policy 5. 
54. LDP2 Policy 40: Forestry, Woodland, and Trees states that Tree Surveys,
undertaken by a suitably qualified professional, should accompany all
applications for planning permission where their sites contain trees and that there
is a presumption in favour of protecting woodland resources. In this instance,
there has been no information submitted regarding the removal of any trees.
Condition 20 has been included to ensure that landscape and planting plan is
submitted for approval 
Developer Contributions 
55. The Developer Contributions Guidance is not applicable to this application, and
therefore, no contributions are required in this instance. 
Economic Impact 
56. The economic impact of the proposal is likely to be minimal and limited to the
construction phase of the development. The proposal will support local
renewable energy generation by helping balance fluctuations of intermittent
energy generation. It will assist in the creation of a national grid asset of regional
significance for the Perth and Kinross area. 
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VARIATION OF APPLICATION UNDER SECTION 32A 
57. This application was not varied prior to determination, in accordance with the
terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as
amended.   
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
58. None required. 
DIRECTION BY SCOTTISH MINISTERS 
59. 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 
60. To conclude, the application must be determined in accordance with the
Development Plan unless material considerations indicate otherwise. In this
respect, the proposal is considered to comply with NPF4, and the adopted Local
Development Plan 2 (2019). Account has been taken account of the relevant
material considerations and none has been found that would justify overriding the
Development Plan. Accordingly, the proposal is recommended for approval
subject to the following conditions. 
RECOMMENDATION   
61. Approve the application subject to the following conditions: 
Conditions and Reasons for Recommendation 
General 
1. The proposed development must be carried out in accordance with the approved
drawings and documents, unless otherwise provided for by conditions imposed
on the planning consent. 
Reason - To ensure that the development is carried out in accordance with the   
approved plans. 
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. 
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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. 
Flooding and Drainage 
3. Prior to the commencement of development, a Flood Action Plan shall be
prepared for the site and submitted for the agreement in writing of the Planning
Authority in consultation with the Council’s Structures and Flooding Team. This
should detail access and egress arrangements during a flooding event.
Thereafter, the agreed Plan shall be implemented in full prior to the bringing into
use of the development. 
Reason - In order to take full account of the flood risk of the site. 
4. The measures identified in the Flood Risk Assessment (document 28 hereby
approved) to prevent flooding of the site, approved as part of this permission,
shall be fully implemented. Verification that the scheme has been fully
implemented must be submitted to the Council as Planning Authority prior to
completion or the bringing into use of any part of the development, whichever is
the earlier. 
Reason - In order to take full account of the flood risk of the site. 
5. Storm water drainage from all paved surfaces, including the access, shall be
disposed of by means of suitable a Sustainable Urban Drainage System to meet
the requirements of best management practices. Details to be approved by the
Council, as Planning Authority and, thereafter, implemented in full 
Reason - To ensure the provision of effective drainage for the site. 
6. For the avoidance of doubt, parts of the site are located within the 1/200 (0.5%
AEP) flood extent, with a medium to high risk of flooding. Such areas must not be
raised above existing ground levels. This applies to the entirety of the site as
identified by the red line shown in drawing 01 hereby approved, titled 'Site
Location Plan’. 
Reason - To ensure no displacement of floodwater to the rest of floodplain 
Roads and Access 
7. The Construction Traffic Management Scheme (document 21 hereby approved)
shall be strictly adhered to during the entire site construction programme all to
the satisfaction of the Council as Planning Authority. 
Reason - In the interest of proper site management.
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Amenity
9. All plant or equipment shall be so enclosed, attenuated and/or maintained such
that any noise therefrom shall not exceed Noise Rating 35 between 0700 and
2300 hours daily, or Noise Rating 20 between 2300 and 0700 hours daily, within
any neighbouring residential property, with all windows slightly open, when
measured and/ or calculated and plotted on a rating curve chart.
Reason - In order to safeguard the neighbouring residential amenity in the area.
10. Noise from the battery storage facility shall not exceed 33dB LAeq,(15 min), including
any relevant penalties for tonality, impulsivity, intermittency, or other sound
characteristics, when measured at any residential property in accordance with
BS4142 – Method for Rating Industrial Noise Affecting Mixed Residential and
Industrial Areas.
Reason - In order to safeguard the neighbouring residential amenity in the area.
11. In the event, that justified complaints for noise are received by the Council, the
applicant at their own expense, shall employ an independent and suitably
qualified consultant to carry out a Noise Assessment from the development.
The appointed consultant and methodology for the Noise Assessment shall be
submitted to and approved in writing by the Planning Authority in consultation
with Environmental Health within 28 days of being notified of the complaint.
Within 28 days of approval of appointed consultant and methodology, a Noise
Assessment shall be submitted outlining mitigation and recommended timescales
for delivery. Thereafter, all mitigation measures shall be implemented within the
timescales recommended.
Reason - In order to safeguard the neighbouring residential amenity in the area.
12. All external lighting shall be sufficiently screened and aligned so as to ensure that
there is no direct illumination of neighbouring land and that light spillage beyond
the boundaries of the site is minimised to a degree that it does not adversely
affect the amenity of the neighbouring land.
Reason - In order to safeguard the neighbouring residential amenity in the area.
13. 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 or bank holidays.
Reason - In the interests of residential amenity; to ensure a satisfactory standard
of local environmental quality during the construction period.
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14.  The acoustic fence hereby approved as part of planning permission
22/00195/FLM (documents 37, 38, 39 and 40 relate) must be installed prior to the
installation of the new battery units hereby approved becoming operational.
Thereafter, the fence shall be maintained in a reasonable condition for the life of
the development. 
Reason - In the interests of protecting residential amenity. 
Biodiversity and Natural Environment 
15. The conclusions and recommended action points within the supporting
biodiversity survey submitted and hereby approved (document 33 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 protecting environmental quality and of biodiversity. 
16. An Updated ecology survey will be required prior to the commencement of works,
if works have not commenced within 24 months of the date of the ecology survey
approved as part of this permission.  The updated survey shall be submitted to
the Council as Planning Authority for written agreement and works shall not
commence until after such written agreement has been issued by the Council. 
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). 
17. Prior to the completion or occupation of the building(s) hereby approved,
whichever is the earlier, five bat boxes, five bird boxes and log piles shall be
provided in line with recommendations in the supporting biodiversity survey
submitted and hereby approved. Thereafter, the agreed scheme shall be
maintained in a reasonable condition for the life of the development, to the
satisfaction of the Council as Planning Authority. 
Reason - To increase the number of bat and bird boxes to ensure significant
biodiversity enhancement. 
18. No removal of hedgerows, trees or shrubs that may be used by breeding birds
shall take place between 1st March and 31st August inclusive, unless a
competent ecologist has undertaken a careful, detailed check of vegetation for
active birds’ nests immediately before the vegetation is cleared and provided
written confirmation that no birds will be harmed and/or that there are appropriate
measures in place to protect nesting bird interests on site. Any such written
confirmation should be submitted in advance to the local Planning Authority. 
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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). 
19.  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. 
Landscaping 
20. 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 to the satisfaction of the Council as
Planning Authority. 
Reason - In the interest of visual amenity and to ensure the satisfactory
implementation of the proposed planting scheme. 
21.  The soil management plan approved as part of planning permission
22/00195/FLM (document 41) shall be adhered to in full as part of the site
development. 
Reason - In order to ensure proper soil management. 
Facility Lifespan 
22.  In the event the hereby approved development fails to store electricity on a
commercial basis for a continuous period of 12 months, then it shall be deemed
to have permanently ceased to be required. In such an event the development
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shall be decommissioned and the relevant parts of the site reinstated within such
timescale as agreed in writing by the Council as Planning Authority. 
Reason - To ensure the facility is removed from the site at the end of its
operational life, and to protect the character of the countryside, the visual
amenity of the area and nature conservation interests. 
External Finishing Colour 
23.  Prior to the commencement of the development hereby approved, details of the
recessive, natural colour of the proposed external finishing materials to be used
for the hereby approved fence and other structures (i.e. auxiliary generator,
battery pack racks, battery storage substation, client substation invertor and LV
Room, etc.) 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. 
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 applicable. 
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. 
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. 
3. No work shall be commenced until an application for building warrant has been
submitted and approved. 
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4. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as
amended, it is an offence to remove, damage or destroy the nest of any wild
birds while that nest is in use or being built. Planning consent for a development
does not provide a defence against prosecution under this act. 
5. The applicant is reminded that, should any protected species be present a
licence may be required from NatureScot to disturb a protected species. Failure
to obtain a licence may constitute a criminal act under the Habitats Regulations
and penalties are severe for non-compliance. 
6. This development will require the 'Display of notice while development is carried
out', under Section 27C (1) of the Town and Country Planning Act 1997, as
amended, and Regulation 41 of the Development Management Procedure
(Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of
the Regulations and a draft notice is included for your guidance. According to
Regulation 41 the notice must be: 
•  Displayed in a prominent place at or in the vicinity of the site of the
development.
•  Readily visible to the public.
•  Printed on durable material. 
7. 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. 
8. National Gas Transmission should be consulted during the design phase and that
an Earthing Report is submitted for review, and to ensure that the pipeline is not
affected. 
9. The applicant should take note of the information and advice contained within the
consultation response from Scottish Water. 
10. 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.
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11. The applicant is advised to refer to Perth & Kinross Council's Supplementary
Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice
relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 
Background Papers: 17 letters of representation
Contact Officer:  Alan Atkins 
Date: 29 August 2024 
DAVID LITTLEJOHN
STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING 
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Ü
Erection of 8 dwellinghouses, formation of vehicular access, drainage and associated landscaping on land
30 metres North East of Deans Oak, Meikleour
24/00200/FLM
Scale
1:15,000
Planning and Placemaking Committee - 11 September
2024
© Crown copyright [and database rights] 2024 OS
AC0000805756. You are permitted to use this data solely to
enable you to respond to, or interact with, the organisation
that provided you with the data. You are not permitted to
copy, sub-licence, distribute or sell any of this data to third
parties in any form.
5(1)(ii)
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Page 98

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Ü
Erection of 8 dwellinghouses, formation of vehicular access, drainage and associated landscaping on land
30 metres North East of Deans Oak, Meikleour
24/00200/FLM
Scale
1:10,000
Planning and Placemaking Committee - 11 September
2024
© Crown copyright [and database rights] 2024 OS
AC0000805756. You are permitted to use this data solely to
enable you to respond to, or interact with, the organisation
that provided you with the data. You are not permitted to
copy, sub-licence, distribute or sell any of this data to third
parties in any form.
5(1)(ii)
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Perth and Kinross Council
Planning and Placemaking Committee – 11 September 2024
Report of Handling by Strategic Lead: Economy, Development and Planning
(Report No. 24/245) 
PROPOSAL: Siting of 22 holiday accommodation units, change of use and
alterations to storage building to form event space, formation of
vehicular access, outdoor seating area and associated works 
LOCATION: Murrayshall House Hotel, Murrayshall, Perth, PH2 7PH 
Ref. No: 24/00368/FLL
Ward No: P2- Strathmore 
Summary 
This report recommends approval of the application for planning permission for the
siting of 22 holiday accommodation units, formation of vehicular access and
associated works.  A Section 75 Legal Agreement or other suitable mechanism will
be required to obtain contributions to transport infrastructure. 
BACKGROUND AND DESCRIPTION OF PROPOSAL 
1 Planning permission is sought for the siting of 22 glamping pods with associated
vehicular access and parking on a site to the south-east of Murrayshall House
and within the wider Murrayshall Estate. The proposal comprises 18 one-
bedroom pods and four two-bedroom pods. The smaller pods will be 5.8m in
length, 3m in width and a height of 3.1m. The larger pods will be 12.8m in length,
6.8m in width and a height of 3.85m. 
2 Access to the site is via the existing track situated towards the rear of the Hotel
and Golf Club. Using this existing access will limit any unnecessary alterations to
the existing landscape and keeps vehicular movement within a more confined
area of the site. 10 guest parking spaces will be provided to the north of the
pods, with a further 12 spaces available to the north of the Hotel building. From
here, guests can utilise the existing access routes through the site to reach each
of the pods. Beyond the parking spaces, the existing access track is proposed to
be widened slightly to permit access for emergency and servicing/maintenance
vehicles only. A turning head will also be provided to allow vehicles to enter and
exit the site in a forward motion. 
3 Planning permission in principle was granted in December 2023 (23/00833/IPM)
for a mixed-use development comprising spa and leisure facility including
5(2)(i)
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ancillary food and drink; holiday accommodation including lodges luxury units
and timeshare/ vacation ownership properties extension to hotel central delivery
hub for deliveries staff facilities and relocated greenkeeping services outdoor
pursuits small-scale residential conversion of existing greenkeepers compound
and associated works including photovoltaic array servicing access drainage and
landscaping. Although the current application is for full planning permission, the
approved PPP proposal is a significant material consideration. 
SITE HISTORY 
4 07/00287/OUT was Approved On 11 September 2007 for Erection of 17 bedroom
suite accommodation including public lounge (plot D) (in outline) 
5 10/00505/IPL was Approved On 17 May 2010 for Leisure and health facilities
'timeshare' lodge and fractional ownership accommodation 70 bedrooms and 10
staff living/bedroom studio residences (plot A) (in principle)(renewal of
07/00285/OUT). 
6 10/00506/IPL was Approved On 17 May 2010 for Erection of 17 bedroom suite
accommodation including public lounge (plot D) (in principle)(renewal of
07/00287/OUT) 
7 20/01688/SCRN On 24 December 2020 for Screening opinion request.
20/00010/PAN On 9 December 2020 for Residential development, extension to
hotel, erection of hotel accommodation units and staff accommodation units, spa
facility, golf training and indoor sports buildings, formation of camping grounds,
outdoor sports grounds, photovoltaic sites, access roads, SUDS ponds,
landscaping and associated works. 
8 21/00508/IPM application was Withdrawn On 4 April 2022 for Residential
development, extension to hotel, erection of hotel accommodation units, café,
spa and leisure facilities and groundskeeping buildings, formation of camping
grounds, outdoor sports grounds, photovoltaic site, access roads, SUDS ponds,
landscaping and associated works (in principle). 
9 21/01673/FLL Full Planning Permission was Approved On 11 July 2022 for
Relocation of driving range, erection of golf academy building and shop,
formation of parking area, part diversion of core path, landscaping and
associated works. 
10 22/00023/PAN On 2 February 2023 for Residential development, extension to
hotel, erection of hotel accommodation units, timeshare and fractional ownership
accommodation units, café, spa and leisure facility, formation of camping
grounds including camping pods, outdoor sports grounds, relocation of green
keeping buildings, formation of central delivery hub, photovoltaic sites and
associated access, drainage, and landscaping works (in principle). 
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11 22/00024/PAN On 2 February 2023 for Extension to hotel, erection of hotel
accommodation units, timeshare and fractional ownership accommodation units,
café, spa and leisure facility, formation of camping grounds including camping
pods, outdoor sports grounds, relocation of green keeping buildings, formation of
central delivery hub, photovoltaic sites, associated access, drainage, and
landscaping works (phase 1). 
12 23/00833/IPM was Approved On 13 December 2023 for Mixed-use development
comprising spa and leisure facility including ancillary food and drink; holiday
accommodation including lodges luxury units and timeshare/ vacation ownership
properties extension to hotel central delivery hub for deliveries staff facilities and
relocated greenkeeping services outdoor pursuits small-scale residential con-
version of existing greenkeepers compound and associated works including
photovoltaic array servicing access drainage and landscaping. 
13 23/01798/FLL Full Planning Permission was Approved On 7 February 2024 for
Alterations and extension to core path, installation of signage and associated
works. 
14 24/00435/FLM Full Planning Permission submitted for Erection of spa and leisure
facility, 25 holiday accommodation units, formation of vehicular access, parking
areas, landscaping, drainage and associated works. 
ENVIRONMENTAL IMPACT ASSESSMENT 
15 The impact of the wider development site was screened for EIA
(20/01688/SCRN) and it was determined that the proposal does not constitute an
EIA development. 
PRE-APPLICATION CONSULTATION 
16 The proposed development is not classed as a Major development in terms of
the Town and Country Planning (Hierarchy of Developments) (Scotland)
Regulations 2009, therefore the applicant was not required to undertake not any
formal pre-application consultation with the local community. 
17 However, as stated above, the application is closely related to a previous
application for planning permission in principle which was approved in December
2023. As that was a major development the applicant was required to undertake
formal pre-application consultation, reference 22/00024/PAN refers. 
DEVELOPMENT PLAN 
18 The Development Plan for the area comprises National Planning Framework 4
and the Perth and Kinross Local Development Plan 2 (2019) along with its
associated statutory supplementary guidance. 
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National Planning Framework 4 
19 The National Planning Framework 4 (NPF4) is the Scottish Government’s long-
term spatial strategy with a comprehensive set of national planning policies. This
strategy sets out how to improve people’s lives by making sustainable, liveable
and productive spaces. NPF4 has an increased status over previous NPFs and
comprises part of the statutory development plan. 
20 The Council’s assessment of this application has considered the following
policies of NPF4: 
• Policy 1: Tackling the Climate and Nature Crises
• Policy 2: Climate Mitigation and Adaptation
• Policy 3: Biodiversity
• Policy 6: Forestry, Woodland and Trees
• Policy 7: Historic Assets and Places
• Policy 8: Green Belts
• Policy 13: Sustainable Transport
• Policy 14: Design, Quality and Place
• Policy 22: Flood Risk and Water Management
• Policy 29: Rural Development
• Policy 30: Tourism 
Perth and Kinross Local Development Plan 2019 
21 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the
area and states that, “Our vision is of a Perth and Kinross which is dynamic,
attractive and effective which protects its assets whilst welcoming population and
economic growth.” It is the most recent statement of Council policy and is
augmented by Supplementary Guidance. 
22 The principal relevant policies are, in summary; 
• Policy 1A: Placemaking
• Policy 1B: Placemaking
• Policy 2: Design Statements
• Policy 5: Infrastructure Contributions
• Policy 8: Rural Business and Diversification
• Policy 9B: Caravan Sites, Chalets and Timeshare Developments: New and
Expanded Touring Caravan, Motorhome / Campervan, and Camping Sites
• Policy 9C: Caravan Sites, Chalets and Timeshare Developments: Chalets,
Timeshare and Fractional Ownership
• Policy 26B: Scheduled Monuments and Archaeology: Archaeology
• Policy 39: Landscape
• Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy
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• Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and
Development
• Policy 41: Biodiversity
• Policy 42: Green Infrastructure
• Policy 43: Green Belt
• Policy 52: New Development and Flooding
• Policy 53A: Water Environment and Drainage: Water Environment
• Policy 53B: Water Environment and Drainage: Foul Drainage
• Policy 53C: Water Environment and Drainage: Surface Water Drainage
• Policy 55: Nuisance from Artificial Light and Light Pollution
• Policy 57: Air Quality
• Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals 
Statutory Supplementary Guidance 
• Supplementary Guidance - Air Quality (adopted in 2020)
• Supplementary Guidance - Developer Contributions & Affordable Housing
(adopted in 2023)
• Supplementary Guidance - Flood Risk and Flood Risk Assessments
(adopted in 2021)
• Supplementary Guidance - Landscape (adopted in 2020)
• Supplementary Guidance - Placemaking (adopted in 2020) 
PKC NON-STATUTORY GUIDANCE 
• Planning Guidance - Planning & Biodiversity 
NATIONAL GUIDANCE 
23 The Scottish Government expresses its planning policies through Planning
Advise Notes, Creating Places, Designing Streets, National Roads Development
Guide and a series of Circulars in addition to NPF4. 
Planning Advice Notes 
24 The following Scottish Government Planning Advice Notes (PANs) and Guidance
Documents are of relevance to the proposal: 
• PAN 40 Development Management
• PAN 61 Planning and Sustainable Urban Drainage Systems
• PAN 68 Design Statements
• PAN 69 Planning and Building standards Advice on Flooding
• PAN 75 Planning for Transport 
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Creating Places 2013 
25 Creating Places is the Scottish Government’s policy statement on architecture
and place. It sets out the comprehensive value good design can deliver. It notes
that successful places can unlock opportunities, build vibrant communities and
contribute to a flourishing economy and set out actions that can achieve positive
changes in our places. 
CONSULTATIONS 
26 As part of the planning application process the following bodies were consulted: 
External 
27 Scottish Water: No objection. Advise there is currently sufficient capacity at
Perth Water Treatment Works to service the development but cannot confirm
capacity at Scone Waste Water Treatment Works. 
28 Perth and Kinross Heritage Trust: No archaeological mitigation required. 
29 Scone and District Community Council: Objected on the following grounds: 
• Proposed design and density is at odds with the surrounding countryside
• The pods encroach obtrusively upon the small settlement south of
Murrayshall Estate
• Road safety
• Flood risk
• Light pollution
• Noise pollution
• Biodiversity impacts 
Internal 
30 Biodiversity/Tree Officer: Further survey work required in respect of bats,
badgers and trees. This information has subsequently been provided. 
31 Structures and Flooding: No objections, subject to a condition on the final
specification of the permeable access track. 
32 Transportation and Development: No objections, subject to conditions on
construction traffic, a signage strategy, a travel plan and the provision of
additional passing places. 
33 Development Contributions Officer: A contribution toward transport
infrastructure is required. 
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34 Environmental Health (Noise Odour): No objections, subject to conditions to
control noise and external lighting. 
Representations 
35 24 representations were received. The main issues raised within the
representations are: 
• Visual impact
• Contrary to Development Plan policy
• Out of character
• Inappropriate design
• Impact on trees and biodiversity
• Car parking and traffic
• Flood risk
• Noise
• Light pollution 
36 These issues are addressed in the Appraisal section of the report. 
ADDITIONAL STATEMENTS 
Screening Opinion  EIA not required
Environmental Impact Assessment (EIA):
Environmental Report
Not required 
Appropriate Assessment under Habitats
Regulations
AA not required
Design Statement or Design and Access
Statement
Submitted 
Report on Impact or Potential Impact eg
Flood Risk Assessment
• Flood Risk and Drainage Assessment
• Design and Access Statement
• Energy Statement
• External Lighting Strategy
• Sustainability Statement
• Heritage Impact Assessment
• Landscape and Visual Appraisal
• Ecological Impact Assessment
• Economic Benefits Statement
• Transport Information
• Tree Survey and Impact Assessment
• Planning Statement
• Biodiversity Plan
• Pre-application Consultation Report
• Invasive Non-Native Species
Management Plan 
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APPRAISAL 
37 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as
amended) require the determination of the proposal to be made in accordance
with the provisions of the Development Plan, unless material considerations
indicate otherwise.  The Development Plan comprises NPF4, the Perth and
Kinross Local Development Plan 2019 and statutory supplementary guidance.
The relevant policy considerations are outlined in the policy section above and
are considered in more detail below.   
Principle 
38 The principle of the proposal for the siting of holiday accommodation units on this
part of the site has been established through the previous grant of planning
permission in principle for a larger mixed-use development. 
39 The principle of the development is thus considered acceptable, provided the
proposals are compatible with the relevant policies of the development plan. 
40 The site is within the green belt and therefore Policy 8 of NPF4 and Policy 43 of
LDP2 are applicable. NPF4 makes allowance for development proposals in the
green belt if it is ‘for outdoor recreation, play and sport or leisure and tourism
uses; or where it is an intensification of established uses. Similarly, in the case of
LDP2, the proposed development could in principle comply with LDP2 policy 43
criterion (a) supporting an established use, providing that the proposals are
appropriate to meet the overall objectives of the Green Belt to protect and
enhance the character, landscape setting and identity of settlements. 
41 LDP2 Policy 9: Caravan Sites, Chalets and Timeshare Developments generally
supports the improvement of existing holiday-related uses. Policy 9C states that
“the Council will give favourable consideration to new chalet and
timeshare/fractional ownership developments where it is clear these cannot be
used as permanent residences”. 
42 NPF4 Policy 30: Tourism, sets out that proposals for tourism related
development will take into account factors such as the contribution made to the
local economy; compatibility with the surrounding area and impacts on
communities, along with sustainable principles and consideration of the natural
environment. 
43 Overall, NPF4 and LDP2 policies are generally supportive of the proposal as the
intensification of an existing tourist facility. Therefore, the development proposals
are acceptable in principle, subject to compliance with other relevant
development plan policies and material considerations, which are assessed
below. 
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Design and Layout 
44 The layout of proposal makes use of existing site features and is logical in terms
of utilising existing topography and trees. This is the lowest part of the estate and
will allow the development to sit within the established landscape while limiting its
visual impact. 
45 The smaller ‘Hotelier’ pods feature a curved design and will accommodate a
double bed and a small ensuite with shower. The larger ‘Wave’ pods also feature
a curved design and is designed as a twin unit caravan that can be assembled
offsite and transported in two halves. Internally, it can sleep four with an
additional sofa bed, it also has a fully fitted kitchen, bathroom and eating space. 
46 The modest size of the pods and existing and proposed landscaping will allow
them to sit harmoniously within the site with limited visual impact beyond the site
itself. The pods will be positioned in varying orientations to avoid a repetitive
pattern of development.   
47 Overall, the proposed development will bring a modest change to the landscape
Setting, but the planting of native trees and foliage will help soften the impact of
the new accommodation and leisure areas. The proposal is considered to adopt
good placemaking principles as the design and siting respects the character and
setting with a low impact proposal and thereby accords with NPF4 Policy 14:
Design, Quality and Place and LDP2 Policy 1: Placemaking. 
Landscape and Visual Amenity 
48 NPF4 Policy 4: Natural Places, advises that development proposals that affect a
site designated as a local nature conservation site or landscape area in the LDP
will only be supported where development will not have significant adverse
effects on the integrity of the area or the qualities for which it has been identified.
LDP2 Policy 39: Landscapes, states that development proposals will be
supported where they do not conflict with the aim of maintaining and enhancing
the landscape qualities of Perth and Kinross. 
49 The site is situated in the Sidlaw Hills Local Landscape Area (LLA) and a
Landscape and Visual Impact Assessment (LVIA) has been submitted in support
of the application along with an External Lighting Strategy. 
50 There is currently another live application pending consideration to the south of
the site for the erection of spa and leisure facility, 25 holiday accommodation
units, formation of vehicular access, parking areas, landscaping, drainage and
associated works. While each application must rightly be considered on its
individual merits, the information submitted initially did not consider the
cumulative impacts of the two developments on the landscape. An LVIA was
requested and has since been provided and assessed. 
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51 The proposed development will result in very localised landscape and visual
effects that will cause negligible changes to local landscape character and
existing views across Murrayshall and the wider landscape. The LVIA concludes
that there will be negligible cumulative landscape and visual impacts of the
glamping pods together with the spa and lodges. 
52 Lighting is to be located along pathways within the site and at main access points
and will be largely screened from the wider local landscape. The Preliminary
Ecological Appraisal is referred to in the Lighting Strategy, specifically that, due
to the presence of bats in the area, lighting will be low level with mitigation
measures implemented to reduce light spill onto suitable commuting and roosting
features. In addition, the proposed lighting strategy will also ensure that nighttime
views to the site are localised. 
53 Overall, the magnitude of change to the landscape character is assessed to be
low. Furthermore, the effect of the development on surrounding landscape
designations is assessed to be minor. 
Roads and Access 
54 NPF4 Policy 13 Sustainable transport of NPF4 seeks to encourage, promote and
facilitate developments that prioritise walking, wheeling, cycling and public
transport for everyday travel and reduce the need to travel unsustainably. LDP2
Policy 60: Transport Standards and Accessibility Requirements requires that all
development proposals which involve significant travel generation should be well
served by, and easily accessible to all modes of transport with particular
consideration to sustainable modes of transport. 
55 It is proposed that 10 new parking spaces will be provided for the pods with 12
existing spaces within the existing car park to the north to be allocated for the
pods. Signage will be provided for the spaces (Condition 4). Transport Planning
has been consulted and confirmed that the numbers of proposed car parking
spaces is suitable to offset the additional requirements produced by the
development. 
56 The proposal includes the delivery of two passing places, between the A94 and
the first hotel entrance. The applicant has not considered the length of public
road between the two hotel entrances. As such, the applicant shall deliver
passing places 3 and 7, as shown in the Transport Information to a width of 5.5
metres, with a minimum of a further two passing places between the hotel
entrances, to be agreed. A condition is recommended for the detailed design for
all passing places, in advance of any works taking place (Condition 6).   
57 The applicant has also provided details on the updated signing for the site that is
to be provided once the Cross Tay Link Road (CTLR) is opened to traffic. It is
recommended that a condition is included for a signing strategy to be designed
and implemented (Condition 4). 
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58 The applicant has advised that the shuttle bus service will not be introduced for
this element of the project, but will be considered with the next element, when
there will be more demand for example with the spa facilities. Nevertheless, a
Travel Plan is recommended for the development (Condition 5). 
Drainage and Flooding 
59 A Flood Risk and Drainage Assessment has been undertaken to assess the
potential increase to surface water run off attributed to the development from all
possible sources, in accordance with best practise and guidance presented
within NPF4. 
60 The proposed drainage / SuDS scheme for the site will comprise the
management of surface water runoff from the impermeable areas of the
development via a combination of perforated filter drains, subsurface pipework
and linear drainage conveying runoff to two subsurface cellular storage units. 
61 PKC Flooding and Structures has advised they have no objections to the
proposals subject to a condition requiring further details to be submitted relating
to the permeable access track (Condition 7). 
62 Overall, the site is generally at a low risk of flooding and the proposal complies
with NPF4 Policy 22: Flood Risk and Water Management; and LDP2 Policy 52:
New Development and Flooding and Policy 53: Water Environment and
Drainage. 
Conservation Considerations 
63 NPF4 Policy 7: Historic Assets and Places and LDP2 Policies 26: Scheduled
Monuments and Archaeology are applicable. 
64 A Heritage Impact Assessment (HIA) has been submitted in support of the
application and has been assessed by Perth and Kinross Heritage Trust (PKHT).
They have advised that the information with the HIA indicates that the
development area, particularly the western side, has been subject to historic and
modern landscaping activities associated with Murrayshall House which is likely
to have any truncated any pre-existing buried remains. 
65 Therefore, with respect to archaeology and the planning process, as outlined by
NPF4, the proposed development does not raise any significant issues, and no
archaeological mitigation is required in this instance. 
Natural Heritage and Biodiversity 
66 NPF4 Policy 6 Forestry, woodland and tree seeks to protect and expand forests,
woodlands and trees. In addition, LDP2 Policy 40: Forestry, Woodland and Trees
seeks to protect existing trees/ woodland whilst securing the delivery of new
woodland where appropriate.
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67 The proposed development will not result in the loss of any existing trees. The
removal of a group of holly noted to be of variable condition will be required to
accommodate the proposed development. No other trees are to be removed or
pruned as part of the proposals. 
68 A landscape strategy accompanying the application details additional native tree
planting to be provided throughout the development. Woodland edge planting is
proposed to the south and east of the site to provide further softening and
screening of the pods. 
69 Conditions are required to ensure that suitable root protection measures are
implemented and details of the permeable access track (Conditions 7 and 12). 
70 NPF4 requires local planning applications to include appropriate measures for
biodiversity enhancement that are proportionate to the nature and scale of the
development. In addition, LDP2 Policy 41: Biodiversity seeks to protect and
enhance all wildlife and habitats, whether formally designated or not, considering
natural processes in the area. 
71 An Ecological Impact Assessment (EcIA) has been submitted along with a
Biodiversity Plan (BP) and an Invasive Non-Native Species Management Plan
(INNS). 
72 The Proposed Development does not lie within or adjacent to any statutory
designated environmental sites. However, the site holds suitable foraging habitat
for a number of protected species, including bats, badger and red squirrel.
Ecological mitigation and enhancement measures have been set out in the EcIA
and BP and the implementation of these recommendations will be secured
through a condition (Condition 10). 
Noise and Air Quality 
73 Environmental Health have advised that, due to the location and distance to the
nearest residential properties outwith the ownership of Murrayshall, it is
considered unlikely that the pods will have significant impact on the residential
amenity of neighbouring properties. However, conditions are requested to control
noise from plant equipment and external lighting (Conditions 8 and 9). 
Low and Zero Carbon Generating Technologies 
74 LDP2 Policy 32 ‘Embedding Low and Zero Carbon Generating Technology in
New Development’ states that proposals for all new buildings will be required to
demonstrate that at least 10% of the current carbon emissions reduction set by
Scottish Building Standards will be met through the installation and operation of
low and zero-carbon generating technologies. As this proposal includes the
erection of a new building, consideration must be given to this requirement.
Further, NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ requires that
development should be designed to reduce green gas emissions. In this instance
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the applicant has advised that the following sustainability points are included
within the design of the glamping pods. 
• All cladding is timber and comes with a 50-year warranty.
• All units are built using the principles of the PassivHaus Institute creating a
draft free, airtight envelope and active ventilation with up to 80% of the
heat recovered.
• Climate control is provided by adaptive air conditioning using air sourced
heat pump technology and provides low-cost warmth and coolth, whatever
the weather.
• A Climate Management control system that guests can download on to
their phones. It will also allow for monitoring and managing energy and
water use.
• Products are designed with the principles of the Circular Economy with
materials recycled, re purposed or reused.
• All units are created to Biophillic Design principles. 
75 The proposal therefore complies with the relevant Development Plan policies. 
Developer Contributions 
76 The Council’s Transport Infrastructure Developer Contributions Supplementary
Guidance requires a financial contribution of £48,048 towards the cost of
delivering the transport infrastructure improvements. 
77 Subject to completion of a Legal Agreement, or upfront payment, the application
is considered to satisfy contribution and infrastructure requirements. 
Economic Impact 
78 As part of the larger planning permission in principle, the applicant advised that
they believe there is an oportunity to reposition Murrayshall as one of the leading
four-star hotel and golf resorts in Scotland. They aim to achieve this through the
provision of a more extensive resort offering, including the development of a spa
and leisure club, new accommodation facilities, outdoor pursuit facilities, and an
enhanced golfing experience. This will enable the resort to create additional
income streams, reduce the risk of seasonality, become more operationally
efficient and capture new customer segments. 
79 This application represents a small part of the wider vision for Murrayshall and
seeks to diversify the existing accommodation offer and appeal to customers
seeking a more experiental stay. 
80 During the construction period, jobs will be created and sustained, supporting
indirect employment and revenue that this volume of construction activity will
generate from employees spending on local goods and services. Longer term,
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additional residents to the area will support existing local employment and
services in the area. 
VARIATION OF APPLICATION UNDER SECTION 32A 
81 This application was varied prior to determination, in accordance with the terms
of section 32A of the Town and Country Planning (Scotland) Act 1997, as
amended. The variations incorporate the deletion of the proposal for the change
of use and alterations to a storage building to form an event space. 
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
82 A Legal Agreement may be required to secure necessary transport infrastructure
requirements, unless an upfront payment is received. 
DIRECTION BY SCOTTISH MINISTERS 
83 Under the Town and Country Planning (Development Management Procedure)
(Scotland) Regulations 2013, regulations 30 – 33 there have been no directions
by the Scottish Government in respect of an Environmental Impact Assessment
screening opinion, call in or notification relating to this application. 
CONCLUSION AND REASONS FOR RECOMMENDATION 
84 To conclude, the application must be determined in accordance with the
Development Plan unless material considerations indicate otherwise. In this
respect, the proposal is considered to comply with NPF4, and the adopted Local
Development Plan 2 (2019). Account has been taken account of the relevant
material considerations and none has been found that would justify overriding the
Development Plan. Accordingly, the proposal is recommended for approval
subject to the following conditions.  
RECOMMENDATION   
Approve the application 
Conditions and Reasons for Recommendation 
1. This planning permission will last only for three years from the date of this
decision notice, unless the development has been lawfully started within that
period. 
Reason - This is a Planning Permission in terms of Section 58 of the Town and
Country Planning (Scotland) Act 1997, as amended by Section 32 of the
Planning (Scotland) Act 2019. 
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2. The development hereby approved must be carried out in accordance with the
approved drawings and documents, unless otherwise provided for by conditions
imposed by this decision notice. 
Reason - To ensure the development is carried out in accordance with the
approved drawings and documents. 
3. Prior to the commencement of the development hereby approved, the applicant
shall submit for the further written agreement of the Council as Planning
Authority, in consultation with the Roads Authority (Structures), a Construction
Traffic Management Scheme (TMS) which shall include the following:  
a) restriction of construction traffic to approved routes and the measures to be
put in place to avoid other routes being used;
b) timing of construction traffic to minimise impact on local communities
particularly at school start and finishing times, on days when refuse collection
is undertaken, on Sundays and during local events;
c) a code of conduct for HGV drivers to allow for queuing traffic to pass;
d) arrangements for liaison with the Roads Authority regarding winter
maintenance;
e) emergency arrangements detailing communication and contingency
arrangements in the event of vehicle breakdown;
f) arrangements for the cleaning of wheels and chassis of vehicles to prevent
material from construction sites associated with the development being
deposited on the road;
g) arrangements for cleaning of roads affected by material deposited from
construction sites associated with the development;
h) arrangements for signage at site accesses and crossovers and on roads to
be used by construction traffic in order to provide safe access for pedestrians,
cyclists and equestrians;
i) details of information signs to inform other road users of construction traffic;
j) arrangements to ensure that access for emergency service vehicles are not
impeded;
k) co-ordination with other significant developments known to use roads affected
by construction traffic;
l) traffic arrangements in the immediate vicinity of temporary construction
compounds;
m) monitoring, reporting and implementation arrangements; 
n) arrangements for dealing with non-compliance; and
o) details of HGV movements to and from the site.    
The TMS as approved, shall be strictly adhered to during the entire site
construction programme. 
Reason - In the interest of proper site management. 
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4. Prior to commencement of any development on site, a detailed design showing
the signage for the development shall be provided with the following schemes
being designed: 
a) directional signage to be added to the public road network to direct customers
to the development site entrance along the preferred routes as discussed in
the Transport Statement;
b) directional signage to be removed from the public road network to encourage
customers to use the preferred route detailed as discussed in the Transport
Statement;
c) passing place signage along the U84 and U85 from the A94 to the
development site entrance from the public road network; and
d) car parking signage on the development site for a minimum of 12 car parking
spaces intended for the holiday accommodation units.  
Shall be submitted to, and approved in writing by, the Council as Planning
Authority. The submission will confirm the location of the signage, specification
and detailed design. The scheme for the approved shall thereafter be
implemented in full, prior to the development hereby approved being completed
or brought into use. 
Reason - In the interests of road safety and to direct customers of development
site along the preferred route. 
5. No part of the development shall be occupied until a Travel Plan, aimed to
encourage more sustainable means of travel, has been submitted to and agreed
in writing by the Council in consultation with Transport Planning.  The Travel
Plan will have particular regard to provision for walking, cycling and public
transport access to and within the site and will identify the measures to be
provided along with the system of management, monitoring, review, reporting
and the duration of the plan. 
Reason - To promote sustainable transport options and to meet advice within
National Planning Framework on transport. 
6. Prior to commencement of any development on site, a detailed design for a
minimum of four passing places shall be submitted and approved in writing by
the planning Authority in consultation with the Roads Authority for the following
locations: 
• Passing Place 3 – Unmade layby at 227m as detailed in the Transport
Statement in Appendix G – Passing Place Plan (SK005); and 
• Passing places 7 – Field entry on right at 1090 m as detailed in the Transport
Statement in Appendix G – Passing Place Plan (SK005); and 
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• Plus, a minimum of two further passing places between the west entrance to
Murrayshall House Hotel at approximately 2.5km from the A94 and the east
entrance to Murrayshall House Hotel at approximately 3km from the A94 
The passing places shall be provided with a minimum carriageway width of 5.5
metres, for a minimum length of 11 metres with 30-degree tapers and surfaced in
accordance with the Perth & Kinross Council's Road Development Guide at the
agreed locations. The passing places, as approved in writing, shall be
implemented in accordance with the approved details to the satisfaction of the
Council as Planning Authority and be constructed and operational in advance of
any further works being undertaken on site. Once provided, the passing places
shall thereafter be permanently retained as such. 
Reason - To ensure the existing road network can accommodate the traffic likely
to be associated with the proposed development in the interests of road safety. 
7. Prior to the commencement of the development, details of the permeable access
track will be submitted for the approval of the Council as Planning Authority. 
Thereafter, the track shall be implemented in line with the approved details and
maintained in perpetuity. 
Reason – To ensure the site is adequately drained and the protection of tree root
areas. 
8. All plant or equipment shall be so enclosed, attenuated and/or maintained such
that any noise therefrom shall not exceed Noise Rating 35 between 0700 and
2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within
any neighbouring residential property, with all windows slightly open, when
measured and/ or calculated and plotted on a rating curve chart. 
Reason - In order to safeguard the neighbouring residential amenity in the area. 
9. All external lighting shall be sufficiently screened and aligned so as to ensure that
there is no direct illumination of neighbouring land and that light spillage beyond
the boundaries of the site is minimised to a degree that it does not adversely
affect the amenity of the neighbouring land. 
Reason - In order to safeguard the neighbouring residential amenity in the area. 
10. The conclusions and recommended action points within the supporting
Ecological Impact Assessment, Biodiversity Plan and Invasive Non-Native
Species Management Plan submitted and hereby approved (drawing numbers
33, 34 and 35 relate) shall be fully adhered to, respected and undertaken as part
of the construction phase of development, to the satisfaction of the Council as
Planning Authority. 
Reason - In the interests of protecting environmental quality and biodiversity.
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11. Measures to protect animals from being trapped in open excavations and/or pipe
and culverts shall be implemented for the duration of the construction works of
the development hereby approved.  The measures may include creation of
sloping escape ramps for animals, which may be achieved by edge profiling of
trenches/excavations or by using planks placed into them at the end of each
working day and open pipework greater than 150 mm outside diameter being
blanked off at the end of each working day. 
Reason - In the interests of protecting environmental quality and biodiversity. 
12. Prior to the commencement of any works on site, all trees on site (other than
those marked for felling on the approved plans) and those which have Root
Protection Areas which fall within the site shall be retained and protected.
Protection methods shall be strictly in accordance with BS 5837 2012: Trees in
Relation to Design, Demolition and Construction. Protection measures, once in
place, shall remain in place for the duration of construction. 
Reason - To ensure a satisfactory standard of development and environmental
quality and to reserve the rights of the Planning Authority. 
13. The detailed landscaping and planting scheme which is hereby approved shall be
completed within the first available planting season (October to March) after the
completion or bringing into use of the development, whichever is the earlier. 
The approved scheme shall thereafter be maintained to the satisfaction of the
Council as Planning Authority, with any planting which fails to become
established within five years being replaced in the following planting season with
others of a size and species as previously approved. 
Reason - In the interests of visual amenity and to ensure the satisfactory
implementation of the proposed planting scheme. 
JUSTIFICATION 
The proposal is in accordance with the Development Plan and there are no
material reasons which justify departing from the Development Plan.  
PROCEDURAL NOTES 
Permission shall not to be issued until the Section 75 Agreement has been
signed and registered to take account of this application. The legal agreement
should be concluded and completed within 4 months of the date of any
Committee approval. Failure to conclude a legal agreement within 4 months will
result in the planning application being re-assessed through failing to comply with
the associated developer contributions policy and may be ultimately
recommended for refusal under delegated powers.    
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INFORMATIVES 
1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as
amended) the person undertaking the development is required to give the
Planning Authority prior written notification of the date on which it is intended to
commence the development.  A failure to comply with this statutory requirement
would constitute a breach of planning control under Section 123(1) of that Act,
which may result in enforcement action being taken.  Please use the form
attached herewith. 
2. As soon as practicable after the development is complete, the person who
completes the development is obliged by Section 27B of the Town and Country
Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written
notice of that position.  Please use the form attached herewith. 
3. Part of the approved development includes 'caravans'. The developer is advised
that caravans require to be licensed under the terms of Section 1 of the Caravan
Sites and Control of Development Act 1960 and therefore a licence application
should be made to Environmental Health.  Application forms are available at
https://www.pkc.gov.uk/article/15600/Licence-caravan-site 
4. The planning permission decision notice shall not be issued until such time as
the required Developer Contributions have been secured or paid in full.   
In the event the applicant does not either make the required payment within 28
days from the date the agent/applicant is advised of the need for the
contributions, or complete a legal agreement for delayed payment within a 4
month period from the date the agent/applicant is advised of the need for the
contributions the application may be refused under delegated powers without any
further discussion with the applicant. 
5. This planning permission is granted subject to conditions, some of which require
further information to be submitted to Development Management either before
works can start on site or at a certain time.  The required information must be
submitted via the ePlanning portal if your original application was lodged that
way, otherwise send it to us at developmentmanagement@pkc.gov.uk.  Please
be aware that a fee is payable in respect of each request made, though there is
no limit to the number of conditions that can be discharged in a single request. 
The Fees Charter is available on our website www.pkc.gov.uk. 
The Council has two months to consider the information.  You should therefore
submit the required information more than two months before your permission
expires.  We cannot guarantee that submissions made within two months of the
expiry date of your permission will be able to be dealt with before your
permission lapses. 
6. The applicant should take note of the information and advice contained within the
consultation response from Scottish Water.
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7. The presence of protected species, and the extent to which they could be
affected by the proposed development, should be established before works
commence.  Should protected species be identified within the site the developer
should ensure that all appropriate measures required to comply with the relevant
legislation are carried out. 
8. Trees and scrub are likely to contain nesting birds between 1st March and 31st
August inclusive.  Trees and scrub are present on the application site and are to
be assumed to contain nesting birds between the above dates.  The applicant is
reminded that, under the Wildlife and Countryside Act 1981, as amended
(Section 1), it is an offence to remove, damage or destroy the nest of any wild
bird while that nest is in use or being built.  Planning permission for a
development does not provide a defence against prosecution under this Act. 
Background Papers:  24 letters of representation
Contact Officer:  Alex Gudgeon
Date: 30 August 2024 
DAVID LITTLEJOHN
STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING 
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Ü
Siting of 22 holiday accommodation units, change of use and alterations to storage building to form event
space, formation of vehicular access, outdoor seating area and associated works at Murrayshall House
Hotel, Murrayshall, Perth
24/00368/FLL
Scale
1:15,000
Planning and Placemaking Committee - 11 September
2024
© Crown copyright [and database rights] 2024 OS
AC0000805756. You are permitted to use this data solely to
enable you to respond to, or interact with, the organisation
that provided you with the data. You are not permitted to
copy, sub-licence, distribute or sell any of this data to third
parties in any form.
5(2)(i)
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Page 122

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Ü
Siting of 22 holiday accommodation units, change of use and alterations to storage building to form event
space, formation of vehicular access, outdoor seating area and associated works at Murrayshall House
Hotel, Murrayshall, Perth
24/00368/FLL
Scale
1:10,000
Planning and Placemaking Committee - 11 September
2024
© Crown copyright [and database rights] 2024 OS
AC0000805756. You are permitted to use this data solely to
enable you to respond to, or interact with, the organisation
that provided you with the data. You are not permitted to
copy, sub-licence, distribute or sell any of this data to third
parties in any form.
5(2)(i)
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Page 125

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
5(2)(ii)
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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 
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Ü
Erection of 9 dwellinghouses and 29 flats in 2 blocks, formation of vehicular access, parking areas,
landscaping and associated works on land 60 Metres East Of Scotmid Hatton Road Rattray Blairgowrie PH10
7AW
23/00852/FLL
Scale
1:10,000
Planning and Placemaking Committee - 11 September
2024
© Crown copyright [and database rights] 2024 OS
AC0000805756. You are permitted to use this data solely to
enable you to respond to, or interact with, the organisation
that provided you with the data. You are not permitted to
copy, sub-licence, distribute or sell any of this data to third
parties in any form.
5(2)(ii)
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Page 148

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Ü
Erection of 9 dwellinghouses and 29 flats in 2 blocks, formation of vehicular access, parking areas,
landscaping and associated works on land 60 Metres East Of Scotmid Hatton Road Rattray Blairgowrie PH10
7AW
23/00852/FLL
Scale
1:5,000
Planning and Placemaking Committee - 11 September
2024
© Crown copyright [and database rights] 2024 OS
AC0000805756. You are permitted to use this data solely to
enable you to respond to, or interact with, the organisation
that provided you with the data. You are not permitted to
copy, sub-licence, distribute or sell any of this data to third
parties in any form.
5(2)(ii)
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Page 150

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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
5(2)(iii)
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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 
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Ü
Erection of café (Class 3) with drive thru facilities, installation of electric vehicle charging points,
landscaping and associated works on  Land 40 Metres North West Of Aldi Broich Road Crieff PH7 3SE
23/01164/FLL
Scale
1:10,000
Planning and Placemaking Committee - 11 September
2024
© Crown copyright [and database rights] 2024 OS
AC0000805756. You are permitted to use this data solely to
enable you to respond to, or interact with, the organisation
that provided you with the data. You are not permitted to
copy, sub-licence, distribute or sell any of this data to third
parties in any form.
5(2)(iii)
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Page 172

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Page 173

Ü
Erection of café (Class 3) with drive thru facilities, installation of electric vehicle charging points,
landscaping and associated works on  Land 40 Metres North West Of Aldi Broich Road Crieff PH7 3SE
23/01164/FLL
Scale
1:5,000
Planning and Placemaking Committee - 11 September
2024
© Crown copyright [and database rights] 2024 OS
AC0000805756. You are permitted to use this data solely to
enable you to respond to, or interact with, the organisation
that provided you with the data. You are not permitted to
copy, sub-licence, distribute or sell any of this data to third
parties in any form.
5(2)(iii)
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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. 24/248) 
PROPOSAL: Change of use of agricultural land to form dog training park (in
retrospect) 
LOCATION: Land North West Of Elisdon, Stanley, Perth, PH1 4PP 
Ref. No: 23/01453/FLL
Ward No: P5- Strathtay 
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 The application site lies out with a settlement boundary to the north of Luncarty. 
The dog training area is contained within a small triangular site with a dwelling
and wider woodland to the southeast, railway to the west and agricultural land to
the north. 
2 The site is accessed via an established track and a parking hardstanding area
exists which has been previously used by the land owner for vehicles and farm
storage.  The dog park has been fenced off from the field which lies to the north
and an indicative core path lies to the east out with the site. The site is not for
hire for dog walking etc but instead used mainly for agility and training either one
to one or as part of a small group (4 dogs). The site is permanently staffed during
operational hours by the applicant/other staff member. 
3 The applicant has confirmed that the business has been operated for 8 years
from the site. The site was the subject of an enforcement enquiry as the result of
a complaint received in 2023.  The applicant was invited to submit an application
to regularise the development.  The determination of the application has been
delayed due to the requirement of a Noise Impact Assessment which has now
been submitted. 
SITE HISTORY 
4 No recent site history
5(2)(iv)
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PRE-APPLICATION CONSULTATION 
5 Pre application Reference: Various discussions with the Planning Enforcement
Team prior to submission. 
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 people’s lives by making sustainable,
liveable and productive spaces.  NPF4 has an increased status over previous
NPFs and comprises part of the statutory development plan. 
9 The Council’s assessment of this application has considered the following
policies of NPF4: 
• Policy 3: Biodiversity
• Policy 5: Soils
• Policy 6: Forestry, Woodland and Trees
• Policy 13: Sustainable Transport  
• Policy 29: Rural Development 
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 5: Infrastructure Contributions
• Policy 8: Rural Business and Diversification
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• Policy 15: Public Access
• Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy
• Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and
Development
• Policy 41: Biodiversity
• Policy 50: Prime Agricultural Land
• Policy 55: Nuisance from Artificial Light and Light Pollution
• Policy 56: Noise Pollution
• Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals 
Statutory Supplementary Guidance 
12
• Supplementary Guidance - Developer Contributions & Affordable Housing
(adopted in 2023)
• Supplementary Guidance - Placemaking (adopted in 2020) 
PKC NON STATUTORY GUIDANCE 
13
• 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 75 Planning for Transport 
National Roads Development Guide 2014 
16 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 
17 As part of the planning application process the following bodies were consulted: 
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External 
18 No external consultations required 
Internal 
19 Environmental Health (Noise Odour) - No objection, Noise Impact Assessment
requested and submitted, conditions have been recommended in relation to the
operation of the facility and noise. 
20 Transportation and Development - No objection, the access track and parking
area exists. 
21 Development Contributions Officer - No developer contributions required. 
REPRESENTATIONS 
22 96 representations were received. 42 objections and 54 in support. The main
issues raised within the representations are: 
Objection 
• Adverse effect on visual amenity 
• Loss of privacy
• Littering 
• Contrary to development plan policy 
• Inappropriate land use 
• Lack or loss of car parking
• Loss of open space
• Concern over loss of public right to roam 
• Noise pollution 
• Out of character with the area
• Over intensive development
• Overlooking 
• Road safety concerns 
• Impact on biodiversity 
• Effect on tree protection zone, and loss of trees
• Air pollution 
Support 
• Only used when training is taking place, and the applicants are present to
ensure disruption is kept to a minimum.  
• Is not a dog park for general public use.
• Classes are small groups or 1-2-1 and well managed to minimise noise and
vehicles
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• Diversification of the land to dog training means the land can be utilised, as it
wasn’t used for agricultural due to the proximity to the railway.
• Employment provision 
• Support economic development
• Enhances character of area
• The park has been established for 6 years
• Results in environmental improvements 
23 A number of additional issues were raised that are not material planning
considerations. These included no toilet facilities, safety concerns from dog
behaviour, promotion of responsible dog ownership, devaluation of property, dog
training good for mental health. 
24 The material planning considerations 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 AA not
required 
Design Statement or Design and Access
Statement
Not required 
Report on Impact or Potential Impact eg
Flood Risk Assessment
Submitted - Noise Impact
Assessment 
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 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. 
Principle 
27 The proposal is for the establishment of a rural business (in retrospect). Policy 8
Rural Business and Diversification of LDP2 and Policy 29 Rural Development of
NPF4 are the most applicable policies.  
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28 Policy 29 of Rural Development of NPF4 seeks to encourage rural economic
activity, innovation and diversifcation.  The policy supports rural land use
businesses where the use of good quality land is minimised.  Overall
development should be suitably scaled, sited and designed to be in keeping with
the character of the area.  Developments should also consider how they
contribute towards local living and take into account the transport needs of the
development as appropriate to the rural location. 
29 The land is not prime agricultural land and has no built development only fencing
is in place to enclose the site and moveable structures for dog agility within.  The
site can be easily accessed and due to the small scale would not have significant
traffic generation. 
30 Policy 8 Rural Business and Diversification of LDP2 states that the Council is
supportive of the creation of new businesses in rural areas provided that they will
contribute to the local economy through the provision of permanent employment,
involve visitor accommodation, or create additional tourism or recreational
facilities, or involves the re-use of existing buildings. The policy also identifies a
set criterion which all proposals are expected to meet.  This includes that the
proposal contribute to the local economy, would not result in suburbanisation and
encourage unsustainable travel patterns, wouldn’t detrimentally impact
residential amenity, can be accommodated within the landscape capacity, meets
a need and that the local road network can accommodate the development. 
31 The business has operated from the site for a number of years and is at a scale
which is compatible with the siting. Policy 8 includes a number of other detailed
policy consideration which are covered within subsequent sections of the report.   
32 Policy 8 is supported by Policy 29 (Rural Development) of NPF4 which has
similar aims.  The general principle of a dog training park is considered to be
compatible with policy 8 of LDP2 and 29 of NPF4 given the difficulties there can
be in identifying sites within settlements. 
Design and Layout 
33 The site has been contained by 2.4m deer fencing and features a number of
moveable structures within associated with dog training/agility.   
34 The presence of a deer fence in a rural location is not out of character.  As such,
the proposal accords with NPF4 Policy: Design, quality and place and LDP
Policies 1A and 1B: Placemaking and the applicable criteria of Policy 8 Rural
Business and Diversification of LDP2.   
Residential Amenity 
35 There is one dwelling located to the south of the application site with the railway
lying to the west. 
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36 The proposed operating hours are 08:00 – 21:00hrs with a 15 minute
setup/closedown period prior/after (if required). There is no lighting on site and
no intention to add any therefore the hours of operation will be subject to natural
daylight provision. 
37 Unlike other dog park facilities, this site is not for hire for dog walking etc but
instead used mainly for agility and training either one to one or as part of a small
group (4 dogs). The site is permanently staffed by the applicant/other staff
member during operational hours.  Whilst the business offers group training
classes i.e. puppy classes etc and agility shows, these are carried out at other
facilities.  
38 Given the nature of the development, there is the potential for residential amenity
to be affected and the Environmental Health Officer has confirmed that a noise
complaint was received from a neighbouring property.  Whilst, the complaint
investigation failed to gather sufficient evidence, the applicant was asked to
submit a Noise Impact Assessment (NIA) with the application. The Noise Impact
Assessment was carried out for the day-time period (07:00 – 23:00) and
assessed against BS4142:2014, BS8233:2014 and WHO noise standards. 
Measurements were undertaken on 7 June 2024 between 10:00 – 19:00 with 4
dogs present on site along with background measurements. The lowest
background measurement with no trains and low traffic noise has been taken to
be 42 dB LA90,15min. 
39 Due to there being no dog barks recorded during the measurement period,
LAFmax levels have been taken from a previous assessment carried out by the
noise consultant. 
40 To account for the intermittent nature of dog barks/raised voices of handler, a
+3dB penalty has been added to the specific sound level, using the highest LAeq
over the monitoring period, at the nearest residential property. 
41 The Rating Level at the nearest property approximately 85m away, has been
calculated as 18dBLAeq, 1 hour, which is 24dB below the background level.
The LAFmax has been calculated as 37dB which is below the night-time criteria of
45dBLAFmax. The highest LAeq, 15min measured within the dog park area whilst 4
dogs and handlers were present was 58.1dB, when calculated over the day-time
period of 07:00 – 23:00, the WHO community guidelines of LAeq, 16 hrs 50-55dB for
outdoor living areas would comfortably be met. 
42 Environmental Health (EH) have recommended that the applicant submits a
Noise Management Plan (NMP) which should outline how noise from the site
from barking dogs, vehicle movements and patrons will be controlled. The NMP
should include a complaints procedure with the named person who would deal
with complaints and their contact details.  This has been submitted in advance of
being added as a condition and has been agreed by EH so will now form part of
the approved plans (plan no 03). 
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43 A condition controlling the hours in which any maintenance works, such as grass
cutting, can be undertaken at the site is also recommended (Condition 6). 
Additional conditions limiting the number of dogs, noise and waste. (Conditions 2,
3, 4 & 5)   
44 This element of the proposal is therefore acceptable in terms of residential
amenity, and accords with NPF4 Policy 14: Design, quality and place and LDP2
Placemaking Policies 1A and 1B and the applicable criteria of Policy 8 Rural
Business and Diversification. 
Roads and Access 
45 The site is accessed via an existing track from the B9099, approximately 400
metres north of the settlement boundary of Luncarty.  The access track forms
part of the core path network with maps showing the core path running between
the site and the property to the south.  It would appear that the core path runs
through an area currently being utilised as garden ground and it is no longer
accessible with an informal diversion being utilised around the dog park
reconnecting to the north.   
46 Community Greenspace have confirmed that this core path was included in the
Perth & Kinross Core Path Plan as an indicative route, with the intention of
realigning it if and when the Stanley-Luncarty Active Travel Route (ATR) is
constructed (project led by PKCT).  At present they have not taken any
enforcement action on obstructions along this route while negotiations with
relevant landowners are ongoing. 
47 If the ATR is not realised, then Community Greenspace would likely look to
ensure access can be taken along the mapped route of the core path. They
advise that as the core path has been asserted as per the dashed line on the
map, access rights do extend along it (even if it is being used as private amenity
space) in this case a core path diversion order would be required. This is not
relevant to the application site as it does not block the core path but it does flag
whether the private amenity space impacted and noted within the letters of
representation has been subject to an unauthorised change of use. 
48 There is an area which has been used for parking/storage off the track beside the
field which can accommodate the parking and turning. 
49 Policy 13 of NPF4 places great weight on the need to encourage, promote and
facilitate developments that prioritise walking, wheeling, cycling and public
transport for everyday travel and reduce the need to travel unsustainably. In this
instance however these types of use tend to be within rural locations. 
50 While there is some scope for patrons to travel to the site via public transport,
this is unlikely to happen, given the site context and as dogs may be unable to
access public transport either for commercial or behavioural concerns. It is likely
that patrons will travel by car.  Furthermore, the development provides a site-
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specific resource which cannot be satisfactorily achieved within existing
settlements either by lack of provision or absence of safe enclosed spaces to
enable off-lead activities. 
51 As such, the proposal accords with NPF4 Policy 13: Sustainable transport and
LDP Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals. 
Drainage and Flooding 
52 The site is not identified to be at flood risk from either river or surface water
flooding.  The site is permeable given its grassed and the track and rough
parking area exist. 
53 There is no foul drainage required on site. 
54 The proposal is therefore considered to accord with policies 52 and 53C of LDP2
and policy 22 of NPF4.   
Natural Heritage and Biodiversity 
55 The site is small scale and contained by fencing. There are trees to the east of
the site, but none within the application site.  Whilst there will be wildlife in the
wider area the small site and nature of proposal with no built development is not
considered to have any detrimental impact on protected species and therefore
the submission of an ecological survey was not considered necessary. 
Developer Contributions 
56 No developer contributions required. 
Economic Impact 
57 There will be some economic benefit associated with the proposal. 
VARIATION OF APPLICATION UNDER SECTION 32A 
58 This application was not varied prior to determination. 
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
59 None required. 
DIRECTION BY SCOTTISH MINISTERS 
60 Under the Town and Country Planning (Development Management Procedure)
(Scotland) Regulations 2013, regulations 30 – 33 there have been no directions
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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 
61 To conclude, the application must be determined in accordance with the
Development Plan unless material considerations indicate otherwise. In this
respect, the proposal is considered to comply with NPF4, and the adopted Local
Development Plan 2 (2019).  Account has been taken account of the relevant
material considerations and none has been found that would justify overriding the
Development Plan.  Accordingly the proposal is recommended for approval
subject to the following conditions. 
RECOMMENDATION   
Approve the application subject to the following conditions: 
Conditions and Reasons for Recommendation 
1. The hours of operations shall be restricted to 0800 hours to 2100 hours daily,
excluding a 15min set up and close down period. 
Reason - In the interests of residential amenity; to ensure a satisfactory standard
of local environmental quality. 
2. The maximum number of dogs at the park at any given time shall be 4. 
Reason - In the interests of residential amenity; to ensure a satisfactory standard
of local environmental quality. 
3. The Noise Management Plan agreed (plan ref 03) shall be reviewed on a regular
basis, following receipt of a justified complaint or at the request of the planning
authority.  The Noise Management Plan as approved, shall be fully implemented
for the lifetime of the development. 
Reason - In the interests of residential amenity; to ensure a satisfactory standard
of local environmental quality. 
4. 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 approved in writing by the Planning Authority.  Thereafter
recommendations/mitigation measures along with timescales for implementation
will be incorporated into a revised Noise Management Plan (NMP) and submitted
to the Planning Authority within 28 days of the assessment. 
Reason - In the interests of residential amenity; to ensure a satisfactory standard
of local environmental quality.
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5. Dog waste associated with the use hereby approved shall be properly deposed
of, binned, and removed from the site for as long as the dog training area use
operates. 
Reason - In the interests of residential amenity; to ensure a satisfactory standard
of local environmental quality. 
6. Servicing or maintenance at the site shall be carried out between 0800 and 1900
Monday to Friday only. 
Reason - In the interests of residential amenity; to ensure a satisfactory standard
of local environmental quality. 
JUSTIFICATION 
The proposal is in accordance with the Development Plan and there are no
material reasons which justify departing from the Development Plan. 
PROCEDURAL NOTES 
None required 
INFORMATIVES 
1. Records indicate that at least part of the proposed development site lies within a
radon affected area where the measurement/monitoring of radon gas and the
installation of mitigation measures may be required. 
Further information on radon gas and the associated reports that can be obtained
is available at www.ukradon.org and at http://shop.bgs.ac.uk/georeports/. 
Background Papers:  96 letters of representation
Contact Officer:  Joanne Ferguson 
Date: 30th August 2024 
DAVID LITTLEJOHN
STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING 
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Ü
Change of use of agricultural land to form dog training park (in retrospect) on  Land 100 Metres North West
Of Elisdon Stanley Perth PH1 4PP
23/01453/FLL
Scale
1:10,000
Planning and Placemaking Committee - 11 September
2024
© Crown copyright [and database rights] 2024 OS
AC0000805756. You are permitted to use this data solely to
enable you to respond to, or interact with, the organisation
that provided you with the data. You are not permitted to
copy, sub-licence, distribute or sell any of this data to third
parties in any form.
5(2)(iv)
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Page 188

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Page 189

Ü
Change of use of agricultural land to form dog training park (in retrospect) on  Land 100 Metres North West
Of Elisdon Stanley Perth PH1 4PP
23/01453/FLL
Scale
1:5,000
Planning and Placemaking Committee - 11 September
2024
© Crown copyright [and database rights] 2024 OS
AC0000805756. You are permitted to use this data solely to
enable you to respond to, or interact with, the organisation
that provided you with the data. You are not permitted to
copy, sub-licence, distribute or sell any of this data to third
parties in any form.
5(2)(iv)
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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,
5(2)(v)
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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 
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Ü
Formation of a 49.9MW battery energy storage facility and associated works on land 200 metres North of
Pitcurran House, Newburgh Road, Abernethy
24/00509/FLL
Scale
1:8,000
Planning and Placemaking Committee - 11 September
2024
© Crown copyright [and database rights] 2024 OS
AC0000805756. You are permitted to use this data solely to
enable you to respond to, or interact with, the organisation
that provided you with the data. You are not permitted to
copy, sub-licence, distribute or sell any of this data to third
parties in any form.
5(2)(v)
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Page 208

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Ü
Formation of a 49.9MW battery energy storage facility and associated works on land 200 metres North of
Pitcurran House, Newburgh Road, Abernethy
24/00509/FLL
Scale
1:5,000
Planning and Placemaking Committee - 11 September
2024
© Crown copyright [and database rights] 2024 OS
AC0000805756. You are permitted to use this data solely to
enable you to respond to, or interact with, the organisation
that provided you with the data. You are not permitted to
copy, sub-licence, distribute or sell any of this data to third
parties in any form.
5(2)(v)
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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. 24/250) 
PROPOSAL: S42 application to delete condition 3 (temporary period) of
permission 22/00803/FLL 
LOCATION: Tatha View, 4 Braes of Taymouth, Kenmore, Aberfeldy, PH15
2HQ 
Ref. No: 24/00866/FLL
Ward No: P4- Highland 
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. The application site is ‘Tatha View’ at 4 Braes of Taymouth, Kenmore. It is a four
bed detached dwellinghouse sited in a small development of 8 similar style
properties built in the 1980s. The wider development is accessed via the A827, at
its junction with the south shore road of Loch Tay. The application site contains a
small parking area to the site frontage. 
2. A proposal (22/00803/FLL) for change of use of the dwellinghouse to a holiday
accommodation unit was approved by Planning and Placemaking Committee
on 10th August 2022.  That permission was granted for a temporary period of
two years. A subsequent appeal was made to the Department of Planning and
Environmental Appeals (DPEA) by the applicant to alter the wording of
condition 2 (register of occupiers).  The appeal was allowed and the condition
revised to only require a register to be kept when the property is occupied as a
short-term let.   
3. The house has 4 bedrooms and could accommodate a maximum of 8 people.
The owners currently live abroad and the planning permission for change of
use to short-term let allows them to let out the property for short term lets with
occasional personal use by family members. 
5(2)(vi)
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4. This current application has been submitted under Section 42 of the 1997
Planning Act and seeks to remove condition 3 that states that “The application
is granted for a temporary period of two years.  Reason – To allow embedding
of new licensing laws regarding Short Term Lets and in turn aid understanding
of volumes of Short Term Lets and impact within the area”.   
5. Supporting information submitted also requests that clarity is provided on the
first sentence of condition 2 which states that “The use hereby approved shall
be limited to holiday accommodation to the satisfaction of the Council as
Planning Authority” as the applicant and other family members use the
property on occasion. The applicant also seeks confirmation as to whether the
second part of the condition that requires the maintenance of a register of
occupiers of the property is still required.   
6. In addition, condition 4 of the permission (22/00803/FLL) required provision of a
Noise Management Plan.  The applicant has asked that this requirement be
reviewed and potentially removed. 
SITE HISTORY 
7. 19/01623/FLL Full Planning Permission was Approved On 15 November 2019 for
Alterations and extension to dwellinghouse and alterations to raised decking area 
22/00803/FLL Full Planning Permission was Approved On 19 August 2022 for
Change of use from dwellinghouse to holiday accommodation unit 
ENVIRONMENTAL IMPACT ASSESSMENT 
8. The proposal is not EIA development. 
PRE-APPLICATION CONSULTATION 
9. Pre application Reference: Advice given as to type of application to submit.  
10. 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 
11. The Development Plan for the area comprises National Planning Framework 4
and the Perth and Kinross Local Development Plan 2 (2019) along with its
associated statutory supplementary guidance. 
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National Planning Framework 4 
12. The National Planning Framework 4 (NPF4) is the Scottish Government’s long-
term spatial strategy with a comprehensive set of national planning policies.  This
strategy sets out how to improve people’s lives by making sustainable, liveable
and productive spaces.  NPF4 has an increased status over previous NPFs and
comprises part of the statutory development plan. 
13. The Council’s assessment of this application has considered the following
policies of NPF4 : 
• Policy 14: Design, Quality and Place
• Policy 30: Tourism 
Perth and Kinross Local Development Plan 2019 
14. 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. 
15. The principal relevant policies are, in summary; 
- Policy 1A: Placemaking
- Policy 1B: Placemaking
- Policy 8: Rural business and diversification
- Policy 56: Noise Pollution
- Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals 
Statutory Supplementary Guidance 
• Supplementary Guidance - Placemaking (adopted in 2020) 
PKC NON STATUTORY GUIDANCE 
• Planning Guidance - Change of Use of Residential Property to Short-term Let 
NATIONAL 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. 
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Planning Advice Notes 
17. The following Scottish Government Planning Advice Notes (PANs) and Guidance
Documents are of relevance to the proposal: 
• PAN 40 Development Management 
CONSULTATIONS 
18. As part of the planning application process the following bodies were consulted: 
External 
19. Kenmore Community Council - Object due to loss of residential
accommodation. 
Internal 
20. Environmental Health (Noise Odour) - No objection. Notes that the applicant
holds a short-term let licence and must adhere to the conditions set out within the
licence. 
21. Communities Housing Strategy - Refers to consideration 6 of PKC’s non-
statutory planning guidance which pertains to the potential loss of residential
accommodation and whether the change of use will be outweighed by the benefit
to the local economy. Notes that The Local Housing Strategy 2022-27 includes
an action to develop planning policy through the Local Development Plan 3
where appropriate for STL Control Areas. 
22. The property to which this application refers, falls within the area that has been
consulted on as a potential short-term let control area, where the number of
short-term lets may be impacting on the availability of appropriate housing for
local residents. 
Representations 
23. 4 representations were received. Three, including the Community Council, object
to the proposals.  One general comment was made. The main issues raised
within the representations are: 
• Object to all applications for conversion from residential use.
• Excessive number of holiday homes and short term lets in the area that
outnumber permanent residences. 
• Shortage of houses for workers in the area.  Makes it difficult for businesses
to attract staff. LDP recognises requirement for housing for local and key
workers in the area.
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• Noise – wish to see condition 4, requirement for Noise Management Plan,
retained. 
24. 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
AA not required 
Design Statement or Design and Access
Statement
Not required 
Report on Impact or Potential Impact eg
Flood Risk Assessment
Not required 
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 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 non
statutory supplementary guidance, namely: 
• Planning Guidance - Change of Use of Residential Property to Short-term Let 
Principle 
27. The principle of the use as a short-term let was supported through the earlier
permission.  This was granted by Members for a temporary period in order to
allow embedding of new licensing laws regarding Short Term Lets and in turn aid
understanding of volumes of Short Term Lets and impact within the area.  In
addition since the planning permission was granted for a temporary period, NPF4
was approved in February 2023 and the Council has also adopted non statutory
planning guidance on short-term lets. 
28. The primary policy in this instance is contained within NPF4.  Policy 30 ( e):
Tourism is relevant as there are no specific policies relating to Short-Term Let
accommodation in the Development Plan.  LDP2 Placemaking Policy 1A also
has relevance for a proposal of this nature. Both policies seek to ensure that
new developments do not have an adverse impact on the area in which they are
located. The proposal was also previously considered to accord with
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placemaking policies and with Policy 8, Rural Business and Diversification,
which supports the provision of visitor accommodation or where a proposal
involves the reuse of an existing building.  There have not been any changes
since the proposal was approved in terms of the Local Development Plan.  This
application is for the removal of condition 3 from the permission allowing the use
on a permanent rather than temporary basis.   
29. NPF4 Policy 30(e): Tourism states that development proposals for the reuse of
existing buildings for short term holiday letting will not be supported where the
proposal will result in: 
i. An unacceptable impact on local amenity or the character of  a
neighbourhood or area; or
ii. The loss of residential accommodation where such loss is not outweighed
by demonstrable local economic benefits. 
30. In respect of criterion (i) of NPF4 Policy 30(e), the property has been operating as
a short-term let with no recorded amenity issues.  It was previously acknowledged
that there is a mix of residential and tourism uses in the area and that this
proposal only relates to one house.  The applicant does not wish to rent out the
property for parties or large noisy groups of people and it does not have a hot tub
to reduce potential for local disturbance.  The use will ensure the house is not left
empty when family are not there and visitors staying will contribute to the local
economy.  The applicant has asked that the requirement for the Noise
Management Plan be removed.  However, due to the size of the property and
concerns expressed by local residents in representations to this application it is
considered appropriate to retain the requirement for the Noise Management Plan. 
This will complement the conditions set out in the parallel short-term let licence.  It
was also previously considered to be appropriate by the appointed Reporter from
the Department of Planning and Environmental Appeals (DPEA), at the time of
the previous appeal. 
31.  With regard to criterion ii) the property received planning permission for use as
a short-term let in August 2022 and was subject to commercial rates as a self-
catering unit prior to that.  At that time the property was lost as permanent
residential accommodation.  There has been some concern expressed,
notably by the Community Council, that there is already an excessive amount
of holiday accommodation in the area and there is insufficient residential
accommodation for staff employed in businesses in the area.  Criterion ii) does
not support a change of use to short-term let where the loss of residential
accommodation is not outweighed by demonstrable local economic benefits. 
32. The council adopted non-statutory planning guidance for the Change of Use of
Residential Property to Short-Term Let on 1st November 2023 to further aid
implementation of policy 30 of NPF4 in Perth and Kinross. Consideration 6 of the
Guidance refers to the potential loss of residential accommodation and whether
the change of use will be outweighed by the benefit to the local economy.  With
regard to this the Local Housing Strategy 2022-27 includes an action to develop
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planning policy through the Local Development Plan 3 where appropriate for STL
Control Areas.  The property to which this application refers, falls within the area
that has been consulted on as a potential short-term let control area, where the
number of short-term lets may be impacting on the availability of appropriate
housing for local residents.  However, no short-term let control areas have, as
yet, been introduced.  At the meeting of the Economy and Infrastructure
Committee on 28 August 2024, a proposal to establish a Short Term Let control
area was voted against.  However, it remains a possibility that it could be
revisited in the future and considered through the Local Development Plan 3. The
proposal is for the continued change of use of one residential property which
would otherwise be mainly unoccupied and not contributing to the local economy. 
Use as a short-term let will contribute to the local economy and is in an area
largely dependent on tourism.  Continued use of the property for short term let
purposes does not therefore raise any economic concerns sufficient to refuse the
application.   
33. The proposal accords in principle with NPF4 Policy 30(e): Tourism, and LDP2
Policy 1A: Placemaking. 
Design and Layout 
34. The property is of a split level style and comprises 2 bedrooms at entrance level
with a further 2 bedrooms up a short flight of stairs. The lower level contains a
large open plan kitchen, living and dining space, as well as a separate utility room
and a separate lounge extension. The application is for the continued change of
use on a permanent basis, beyond the previous temporary permission approved. 
No changes to the appearance of the building is required. As there are no physical
changes proposed there will be no impact on the character and appearance of the
area as a result of this change of use. 
Landscape and visual amenity 
35. There are no concerns regarding landscape or visual amenity arising from the
proposed change of use. 
Residential Amenity 
36. NPF4 Policy 14: Design, Quality and Place and LDP2 Policy 1A: Placemaking
supports proposals, including a mix of uses, which are compatible with the
amenity and character of the surrounding area, and consistent with the six
qualities of successful places. Policy 56, Noise Pollution, does not support the
siting of activities that generate high levels of noise alongside noise sensitive
uses.  It is acknowledged that short term lets can result in additional levels of
disturbance and noise concerns, and that the primary avenue to regulate such
matters is via the separate licensing regime. 
37. There is the potential for noise from the users of the properties to affect
neighbouring residential properties. The introduction of Civic Government
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(Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 requires these to
licensed and noise conditions will form part of the licence. 
38. An appeal decision from the DPEA elsewhere in Perth and Kinross at Birnam
(ref: PPA-340-2155), stated that management guidelines cannot be relied upon
as a means to restrict or control the potential adverse impacts on neighbouring
properties and harm to amenity. The site characteristics such as location,
density and also letting policy of the owner means that disturbance to
neighbours is unlikely to adversely impact community and character of the area. 
There is also an existing Noise Management Plan (NMP) which will be retained
as an associated document to this permission (condition 3) to give additional
protection to local residents and to further safeguard residential amenity. 
39. Subject to conditional control the proposal accords with the NPF4 Policy 14(c):
Design, Quality and Place and LDP2 Policies 1A: Placemaking and 56, Noise
Pollution, in respect of residential amenity. 
Roads and Access 
40. The property has appropriate vehicular access and car parking. The existing
access and parking arrangements are not being altered.  Two off-street parking
spaces are available plus a garage that can also be utilised for parking.  No
concerns have been raised with regard to roads and access matters. 
Drainage and Flooding 
41. There are no matters of concern with regard to drainage and flooding from the
proposal. 
Waste Collection 
42. There are no concerns regarding waste collection arising from the proposed
development. The applicant ensures waste and recycling arrangements are in
place for the holiday let. 
Conservation Considerations 
43. There are no conservation considerations arising from the proposed
development. The site is not within a Conservation Area and is not a listed
building. 
Natural Heritage and Biodiversity 
44. There are no natural heritage or biodiversity concerns arising from the proposed
development. 
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Developer Contributions 
45. The proposal does not trigger a requirement for any developer contributions. 
Economic Impact 
46. There will be some positive economic impact from the proposal as it will enable
the dwellinghouse to be utilised for holiday lets rather than being left empty for
long periods of time. Users will be able to support local businesses whilst staying
at the property. 
VARIATION OF APPLICATION UNDER SECTION 32A 
47. This application was not varied prior to determination. 
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
48. None required. 
DIRECTION BY SCOTTISH MINISTERS 
49. 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 
50. To conclude, the application must be determined in accordance with the
Development Plan unless material considerations indicate otherwise. In this
respect, the proposal is considered to comply with NPF4, and the adopted Local
Development Plan 2 (2019).  Account has been taken account of the relevant
material considerations and none has been found that would justify overriding the
Development Plan.  Accordingly the proposal is recommended for approval
subject to the following conditions. 
RECOMMENDATION   
Approve, subject to the following conditions: 
Conditions and Reasons for Recommendation 
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. The use hereby approved shall be limited to holiday accommodation to the
satisfaction of the council as planning authority. The owner of the property shall,
for periods when the property is occupied as a short term let, maintain an up-to-
date register of the name and address of a main occupier or principal contact for
each party staying in the property, the size of the party (number of guests), and
the length of stay, and shall make this information available at all reasonable
times to the Planning Authority. 
Reason - In order to clarify the terms of the permission; to control and restrict the
use of the building in the interests of safeguarding the residential amenity of
neighbouring properties. 
3. The short-term let shall be operated in accordance with the agreed noise
management plan (22/00803/05) which shall be implemented for the life of the
development. 
Reason - In order to safeguard the neighbouring residential amenity in the area. 
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  
Background Papers:  4 letters of representation
Contact Officer:  Persephone Beer  
Date:  30 August 2024 
DAVID LITTLEJOHN
STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING 
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Ü
S42 application to delete condition 3 (temporary period) of permission 22/00803/FLL at Tatha View 4 Braes
Of Taymouth Kenmore Aberfeldy PH15 2HQ
24/00866/FLL
Scale
1:10,000
Planning and Placemaking Committee - 11 September
2024
© Crown copyright [and database rights] 2024 OS
AC0000805756. You are permitted to use this data solely to
enable you to respond to, or interact with, the organisation
that provided you with the data. You are not permitted to
copy, sub-licence, distribute or sell any of this data to third
parties in any form.
5(2)(vi)
Page 221 of 234

Page 222

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Page 223

Ü
S42 application to delete condition 3 (temporary period) of permission 22/00803/FLL at Tatha View 4 Braes
Of Taymouth Kenmore Aberfeldy PH15 2HQ
24/00866/FLL
Scale
1:5,000
Planning and Placemaking Committee - 11 September
2024
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5(2)(vi)
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Perth and Kinross Council
Planning and Placemaking Committee – 11 September 2024
Pre-Application Report by Strategic Lead – Economy, Development & Planning
(Report No. 24/251) 
PROPOSAL: Formation of a 30MW Battery Energy Storage System (BESS),
formation of vehicular accesses, tracks and associated infrastructure. 
LOCATION: Land 600 Metres North East of Cordon Farm, Abernethy. 
Ref. No: 24/00006/PAN
Ward No: P9- Almond and Earn 
Summary 
This report is to inform the Committee of a potential forthcoming planning application
in respect of a major development for formation of a 30MW battery energy storage
system (BESS), formation of vehicular accesses, tracks and associated infrastructure
on land 600metres North East of Cordon Farm, Abernethy. The report also aims to
highlight the key planning policies and the likely stakeholders who would be involved
in the decision making process, and to offer a brief overview of the key planning
issues which are likely to be relevant to the proposal. 
BACKGROUND AND DESCRIPTION 
1. In accordance with the provisions of the Town & Country Planning (Scotland)
Act 1997 (as amended), the applicants submitted a Proposal of Application
Notice (PoAN) on 5 July 2024. The purpose of this report is to inform the
Planning and Placemaking Committee of a forthcoming planning application in
respect of a major development for formation of a 30MW battery energy
storage system (BESS), formation of vehicular accesses, tracks and
associated infrastructure. Pre-application reports give the Committee an
opportunity to raise issues which it would like to see addressed in the
planning application. 
2. This PoAN seeks to formally establish a major development. The exact range
of uses, scale and design of the development will be arrived at during pre-
application discussions. 
ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 
3. Due to the scale of the proposal it will require to be screened as to whether
the proposal is an EIA development under the EIA 2017 Regulations. A
screening request is required to be submitted by the applicant.   
6(i)
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PRE-APPLICATION PROCESS 
4. The PoAN (reference 24/00006/PAN) confirmed that two public exhibitions
will be held at Williamson Hall, Kirk Wynd, Abernethy on 11th and 25th
September 2024 between 3pm and 7pm. The Ward Councillors, MP, MSP
and Abernethy Community Council have been notified. The results of the
community consultation will be submitted with the planning application as part
of the required Pre-Application Consultation (PAC) Report. 
DEVELOPMENT PLAN 
5. The Development Plan for the area comprises National Planning Framework
4 (NPF4) and the Perth and Kinross Local Development Plan 2 (2019)
(LDP2). 
National Planning Framework 4 
6. The National Planning Framework 4 (NPF4) is the Scottish Government’s
long-term spatial strategy with a comprehensive set of national planning
policies.  This strategy sets out how to improve people’s lives by making
sustainable, liveable and productive spaces.   
7. NPF4 was adopted on 13 February 2023. NPF4 has an increased status over
previous NPFs and comprises part of the statutory development plan. 
8. The Council’s assessment of this application has considered the following
policies of NPF4: 
• Policy 1: Tackling the Climate and Nature Crisis
• Policy 2: Climate Mitigation and Adaptation
• Policy 3: Biodiversity
• Policy 4: Natural Places
• Policy 5: Soils
• Policy 6: Forestry, Woodland and Trees
• Policy 7: Historic Assets and Place
• Policy 11: Energy
• Policy 13: Sustainable Transport 
• Policy 14: Design, Quality and Place
• Policy 20: Blue and Green Infrastructure
• Policy 22: Flood Risk and Water Management
• Policy 23: Health and Safety 
• Policy 29: Rural Development 
Perth and Kinross Local Development Plan 2019 
9. 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.
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The principal relevant policies are, in summary; 
• Policy 1A: Placemaking 
• Policy 1B: Placemaking
• Policy 1C: Placemaking 
• Policy 2: Design Statements  
• Policy 6: Settlement Boundaries
• Policy 8: Rural Business and Diversification  
• Policy 15: Public Access 
• Policy 26A: Scheduled Monuments and Archaeology: Scheduled
Monuments
• Policy 26B: Scheduled Monuments and Archaeology: Archaeology
• Policy 31: Other Historic Environment Assets
• Policy 32: Embedding Low & Zero Carbon Generating Technologies in
New Development 
• Policy 33A: Renewable and Low Carbon Energy: New Proposals for
Renewable and Low-Carbon Energy
• Policy 33B: Renewable and Low Carbon Energy: Repowering and
Extending Existing Facilities
• Policy 35: Electricity Transmission Infrastructure
• Policy 38C: Environment and Conservation: Local Designations
• Policy 39: Landscape 
• Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy
• Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and
Development
• Policy 41: Biodiversity 
• Policy 42: Green Infrastructure 
• Policy 50: Prime Agricultural Land 
• Policy 51: Soils
• Policy 52: New Development and Flooding
• Policy 53C: Water Environment and Drainage: Surface Water Drainage
• Policy 53E: Water Environment and Drainage: Water Supply
• Policy 54: Health and Safety Consultation Zones 
• Policy 55: Nuisance from Artificial Light and Light Pollution
• Policy 56: Noise Pollution 
• Policy 58A: Contaminated and Unstable Land: Contaminated Land
• Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals 
OTHER POLICIES 
10. The following non statutory guidance and documents are of particular
importance in the assessment of this application: 
• Supplementary Guidance - Flood Risk and Flood Risk Assessments
(adopted in 2021)
• Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020)
• Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020)
• Supplementary Guidance - Landscape (adopted in 2020)
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• Supplementary Guidance - Placemaking (adopted in 2020)
• Planning Guidance - Planning & Biodiversity
• Supplementary Guidance - Renewable & Low Carbon Energy (draft)
• Perth and Kinross Community Plan 2013/2023
• Perth and Kinross Local Transport Strategy (2010) 
NATIONAL GUIDANCE 
11. The Scottish Government expresses its planning policies and guidance
through the National Planning Framework, Planning Advice Notes, Creating
Places, Designing Streets, National Roads Development Guide and a series
of Circulars.   
Planning Advice Notes 
12. The following Scottish Government Planning Advice Notes are likely to be of
relevance to the proposal: 
- PAN 2/2011 Planning and Archaeology
- PAN 3/2010 Community Engagement
- PAN 51 Planning, Environmental Protection and Regulation
- PAN 60 Natural Heritage
- PAN 61 Planning and Sustainable Urban Drainage Systems
- PAN 73 Rural Diversification
- PAN 73 Water and Drainage
- PAN 75 Planning for Transport
-  Energy Storage: Planning Advice (2011) 
PLANNING SITE HISTORY 
13. 22/00026/PAN On 16 December 2022 for Formation of 30MW battery storage
facility with associated access and infrastructure 
CONSULTATIONS 
14. As part of the planning application process the following would be consulted: 
External 
• Transport Scotland
• Historic Environment Scotland 
• Health and Safety Executive 
• Perth and Kinross Heritage Trust 
• Abernethy Community Council
• Scottish Fire and Rescue
• Asset Protection Team (Formerly National Grid) 
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Internal 
• Environmental Health (Noise, Contaminated Land, Private Water Supply)
• Developer Contributions Officer
• Community Greenspace including Access
• Transportation and Development
• Structures and Flooding
• Biodiversity Officer 
KEY ISSUES AGAINST WHICH A FUTURE APPLICATION WILL BE
ASSESSED 
15. The key considerations against which the eventual application will be
assessed include: 
a. Visual Impact 
b. Scale, Design and Layout 
c. Relationship to nearby land uses, including cumulative impacts
d. Natural Heritage and Ecology
e. Landscape
f. Water Resources and Soils 
g. Air Quality  
h.  Transport Implications 
i.  Tourism and Economy 
j.  Impact on Agriculture
k.  Archaeology and Cultural Heritage 
ADDITIONAL STATEMENTS WHICH WILL BE REQUIRED 
16. Should an EIA Report not be required the following supporting documents will
need to be submitted with any planning application: 
• Planning Statement
• Design and Access Statement
• Pre-Application Consultation (PAC) Report
• Transport Assessment
• Flood Risk and Drainage Assessment
• Landscape and Visual Impact Assessment
• Habitat Survey, including protected species 
• Noise and Light Assessment 
• Grid Connection Site Survey
• Archaeological Assessment
• Sustainability Assessment
• Construction Method Statement 
CONCLUSION AND RECOMMENDATION 
17. This report summarises the key issues which should be considered as part of
the appraisal of any subsequent planning application which may be lodged in
respect of this development and members are recommended to note these
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key issues and advise officers of any other issues which they consider should
be included as part of the application and assessment.  
Background Papers: None
Contact Officer: Kirsty Strong – Ext 01738 475333
Date: 30 August 2024 
DAVID LITTLEJOHN
STRATEGIC LEAD – ECONOMY, DEVELOPMENT & PLANNING 
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Ü
Formation of a 30MW Battery Energy Storage System (BESS), formation of vehicular accesses, tracks and
associated infrastructure on land 600 Metres North East Of Cordon Farm Abernethy
24/00006/PAN
Scale
1:20,000
Planning and Placemaking Committee - 11 September
2024
© Crown copyright [and database rights] 2024 OS
AC0000805756. You are permitted to use this data solely to
enable you to respond to, or interact with, the organisation
that provided you with the data. You are not permitted to
copy, sub-licence, distribute or sell any of this data to third
parties in any form.
6(i)
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Ü
Formation of a 30MW Battery Energy Storage System (BESS), formation of vehicular accesses, tracks and
associated infrastructure on land 600 Metres North East Of Cordon Farm Abernethy
24/00006/PAN
Scale
1:15,000
Planning and Placemaking Committee - 11 September
2024
© Crown copyright [and database rights] 2024 OS
AC0000805756. You are permitted to use this data solely to
enable you to respond to, or interact with, the organisation
that provided you with the data. You are not permitted to
copy, sub-licence, distribute or sell any of this data to third
parties in any form.
6(i)
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