Minute of meeting 11 September 2024
Perth and Kinross Council · 9 October 2024
Back to Planning and Placemaking Committee — 9 October 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
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 11 September 2024 at 9.30am. Present: Councillors I Massie, G Stewart, K Allan, B Brawn, Bailie R Brock (substituting for D Cuthbert), D Illingworth, K Harvey, I James, Bailie C McLaren, R Watters and Bailie M Williamson. In Attendance: D Littlejohn, Strategic Lead – Economy, Development and Planning, L MacLean, C Morilly, S Panton, L Reid, K Smith and P Williamson (all Economy, Place and Learning); A Brown, M Pasternak, C Elliott and J Guild (all Strategy, People and Resources). Apologies: Councillor D Cuthbert. Councillor I Massie, Convener, Presiding. DUE TO TECHNICAL ISSUES THERE WAS A SLIGHT DELAY IN STARTING THE MEETING. 1. WELCOME AND APOLOGIES The Convener welcomed everyone present to the meeting and noted apologies as above. 2. DECLARATIONS OF INTEREST There were no Declarations of Interest made in terms of the Councillors Code of Conduct. 3. MINUTES The Minute of Meeting of Planning and Placemaking Committee of 3 July 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. 24/00200/FLM 5(1)(ii) 24/00368/FLL 5(2)(i) 23/00852/FLL 5(2)(ii) 23/01164/FLL 5(2)(iii) 23/01453/FLL 5(2)(iv)
Page 2
5. APPLICATIONS FOR DETERMINATION (1) Major Application (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 No. 24/243) Mr Smith introduced the report and advised an update had been circulated to members prior to the meeting, removing the requirement for the direction contained in the report, amended wording for Conditions 1, 3, 9 and the procedural notes. Resolved: Grant, subject to the following terms, direction, conditions and informatives: Conditions General 1. The Development to which this planning permission in principle relates shall be begun not later than 20 years from the date of grant of this permission. Reason - In accordance with the terms of Section 59(2A) of the Town and Country Planning (Scotland) Act 1997 as amended, as there is a material reason indicating a longer period should be set. 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);
Page 3
(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. The submitted masterplan, site layout plan and indicated scale of development of up to 110 dwellinghouses are purely indicative and are hereby not approved. 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, and how their delivery relates to the development of housing numbers associated to the overall MU27 allocation; (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
Page 4
link to the non-core path at the m1o 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 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), including a Dust Management Plan, 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;
Page 5
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. 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.
Page 6
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. 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.
Page 7
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. 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
Page 8
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. 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;
Page 9
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 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
Page 10
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 completed, 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 and could be ultimately recommended for refusal under delegated powers.
Page 11
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 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
Page 12
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 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.
Page 13
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. (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 No. 24/244) Mr S Galloway, objector, followed by Ms S Thomas, agent on behalf of the applicant (via telephone) and Mr I Kanellopoulos,
Page 14
applicant (via telephone), addressed the Committee and answered Members questions. HAVING LEFT THE MEETING DURING CONSIDERATION OF THIS ITEM COUNCILLOR K ALLAN DID NOT TAKE PART IN THE DECISION. Motion (Bailie M Williamson and Councillor D Illingworth) Grant, subject to the following terms, conditions and informatives: Conditions 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. 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 a suitable Sustainable Urban Drainage System to meet the requirements of best management practices. Details to
Page 15
be approved in writing 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. 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 for approval outlining mitigation and recommended timescales for delivery. Thereafter, all mitigation measures shall be implemented within the timescales recommended.
Page 16
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. 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. For the avoidance of doubt, any recommendations made within any updated ecology survey approved shall be adhered to in full. 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
Page 17
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. 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.
Page 18
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 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. 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
Page 19
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. 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.
Page 20
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. 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 Amendment (Councillors I James and B Brawn) Refuse, on the basis the proposal is contrary to National Planning Framework 4 Policy 11 e) i Energy and Policy 23 e) Health and Safety, and Perth and Kinross Local Development Plan 2 (2019) Policy 56 Noise, as it has not been demonstrated that there will not be a significant adverse impact on residential amenity of the local community, mainly due to the impact of noise. In terms of Standing Order 21.5 a roll call vote was taken. 7 members voted for the Motion as follows: Bailie R Brock, Councillors K Harvey, D Illingworth, I Massie, G Stewart, R Watters and Bailie M Williamson. 3 members voted for the Amendment as follows: Councillors B Brawn, I James and Bailie C McLaren. Resolved: In accordance with the Motion. THE COMMITTEE TOOK A 10 MINUTE RECESS. (2) Local Application (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 No. 24/245) Mrs M Elphinstone and Mr M Butler, objectors to the application, Mr J Wall, agent on behalf of the applicant and Mr G Silcock, on behalf of the applicant, addressed the Committee and answered Members questions. Resolved: Grant, subject to the following terms, conditions and informatives:
Page 21
Conditions 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. 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;
Page 22
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. 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
Page 23
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 • 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.
Page 24
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. 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.
Page 25
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. 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
Page 26
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. 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 THE COMMITTEE TOOK A ONE HOUR RECESS AT THIS POINT. COUNCILLOR D ILLINGWORTH LEFT THE MEETING AT THIS POINT. THE MEETING RECOMMENCED AT 1.20PM (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 No. 24/246) Mr G Reddick, objector to the application (via telephone), addressed the Committee and answered Members questions. Resolved: Grant, subject to the following terms, conditions and informatives:
Page 27
Conditions 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. 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;
Page 28
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 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
Page 29
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 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:
Page 30
(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. 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
Page 31
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. 17. 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. 18. 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.
Page 32
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 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.
Page 33
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 Environment 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 Environment Protection Agency. 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. (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 No. 24/247) Mr H Rankin, on behalf of the applicant, addressed the Committee and answered Members questions.
Page 34
Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 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 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
Page 35
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 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.
Page 36
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) 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;
Page 37
(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. 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.
Page 38
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. (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 No. 24/248) Ms N Connelly, objector, addressed the Committee and answered Members questions. The Clerk read out a statement on behalf of the applicant. THERE WAS A SHORT RECESS AT THIS POINT. Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 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.
Page 39
Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 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. 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/. (v) 24/00509/FLL - Erection of a dwellinghouse, land 30 metres south of Keithleyhead, Western Road, Auchterarder (Report No.24/249) 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 commencement of the development hereby approved, a details landscaping and planting scheme shall be submitted to and approved in writing by the
Page 40
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 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.
Page 41
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. 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.
Page 42
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, 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
Page 43
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. (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 No. 24/250) 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. 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.
Page 44
Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. 6. PROPOSAL OF APPLICATION NOTICES (PAN) (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 (Report No. 24/251) Councillor I James requested due consideration be given to noise measures and appropriate access. Councillor D Illingworth requested due consideration be given to additional screening to minimise visual impact, prime agricultural land, impacts upon core paths, cumulative impact of similar nearby developments, cabling route which is currently proposed along the main road in Abernethy due to be resurfaced in the coming weeks. Residents do not want to see the roads dug up for cabling after being resurfaced. The contents of the Report by the Strategic Lead – Economy, Development and Planning, were noted.