23/01224/Fll
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.
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Perth and Kinross Council Planning and Placemaking Committee – 9 October 2024 Report of Handling by Strategic Lead - Economy, Development and Planning (Report No. 24/278) PROPOSAL: Erection of 29 dwellinghouses and associated works (phase 1 - allocated site H53) LOCATION: Land north west of Huize Baahock, Powmill, Dollar, FK14 7NW Ref. No: 23/01224/FLL Ward No: P8- Kinross-shire Summary This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. A Section 75 Legal Agreement or other suitable mechanism will be required to secure the on- site affordable housing, the contributions for affordable housing and open space payment. BACKGROUND AND DESCRIPTION OF PROPOSAL 1 The site is located within the western edge of the settlement boundary of Powmill. The site is bound to the south by the A977 and by farmland to the north. The west boundary is a former farm (which will form Phase 2) and to the east is the Mill Gardens residential development. The residential property Huize Baahock bounds the southeast corner of the site. The existing site comprises of agricultural land, a recycling point, a disused car park previously belonging to Powmill Gartwhinzean Hotel with a tree belt and various trees/planting throughout. 2 The site is identified as a housing allocation in LDP2 2019 (H53). The site is noted as having a capacity range of 46-73, limited to 30 during the lifetime of the plan. Therefore, the development will be carried out in phases. Phase 2 is indicated on the masterplan layouts but cannot be developed at this stage due to the LDP restrictions and is therefore only included for reference. 3 This site (Phase 1) will feature a mix of house types; predominantly detached, single storey, 3-bedroom & 2-bedroom bungalow featuring in curtilage parking and private amenity space. The affordable houses for Kingdom Housing Association comprise of 4 single storey semi-detached 2-bedroom bungalows in two blocks and a two-storey terrace of 3 dwellings each with 3 bedrooms. The
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first stage of development will utilise the existing junction with the A977 and the SUDS area will be located to the south of the site on the opposite side of the A977. SITE HISTORY 4 23/00259/FLL Full Planning Permission application was withdrawn on 10 May 2023 for erection of 29 dwellinghouses and associated works (phase 1 - allocated site H53) PRE-APPLICATION CONSULTATION 5 Pre application Reference: 22/00052/PREAPL 6 The proposed development is not classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was not required to undertake not any formal pre-application consultation with the local community. DEVELOPMENT PLAN 7 The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance. National Planning Framework 4 8 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve people’s lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 9 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 6: Forestry, Woodland and Trees • Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 15: Local Living and 20 Minute Neighbourhoods • Policy 16: Quality Homes • Policy 18: Infrastructure first
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Perth and Kinross Local Development Plan 2019 10 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 11 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 1D: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 17: Residential Areas • Policy 23: Delivery of Development Sites • Policy 20: Affordable Housing • Policy 25: Housing Mix • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 52: New Development and Flooding • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 55: Nuisance from Artificial Light and Light Pollution • Policy 58A: Contaminated and Unstable Land: Contaminated Land • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 12 • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) • Supplementary Guidance - Placemaking (adopted in 2020) PKC NON STATUTORY GUIDANCE 13 • Planning Guidance - Delivery of Development Sites • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft)
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NATIONAL GUIDANCE 14 The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 15 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements • PAN 69 Planning and Building standards Advice on Flooding • PAN 75 Planning for Transport • PAN 77 Designing Safer Places Creating Places 2013 16 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 17 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 18 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. CONSULTATIONS 19 As part of the planning application process the following bodies were consulted: External 20 Scottish Water - No objection subject to standard advice.
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Internal 21 Development Contributions Officer - Developer contributions required outlined 22 Environmental Health (Contaminated Land) – A contaminated land condition is required 23 Environmental Health (Noise Odour) – Information in relation to potential noise of Air Source Heat Pumps informative required. 24 Transportation and Development - No objection, subject to conditions and informatives. 25 Community Waste Advisor - Information supplied with regard to provision for waste and recycling facilities. Condition and informative note to be attached. 26 Biodiversity/Tree Officer – Advice provided in relation to trees and biodiversity 27 Structures and Flooding – Additional information has been submitted to address comments on the drainage information 28 Community Greenspace – comments on the maintenance of landscaping areas and open space requirements/contributions. REPRESENTATIONS 29 12 representations were received. The main issues raised within the representations are: • Contrary to policy • Noise • Location of substation • No information on fences or hedgehog gaps • Issues around substation location, health impacts, devaluation of property, noise and should be fenced off. 30 These issues are addressed in the Appraisal section of the report. ADDITIONAL STATEMENTS 31 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations AA not required Design Statement or Design and Access Statement submitted Report on Impact or Potential Impact eg Flood Risk Assessment submitted
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APPRAISAL 32 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 33 The site is located within the settlement boundary of Powmill and is an allocated housing site. The principle of the proposal has been established through the site’s allocation as H53 in LDP2 for a residential development. The site is noted as having a capacity range of 46-73, limited to 30 during the lifetime of the plan. Therefore, the development will be carried out in phases, with this application forming Phase 1. 34 LDP2 requires a masterplan that sets out the phasing and comprehensive development of the whole site at the time of any planning development. A masterplan has been provided showing road layout and location and composition of housing. It is noted that the SUDS to be provided is intended to serve both phases of the development. 2 bedroom homes have been provided in addition to the affordable housing provision which is supported by LDP2 policy 25. 35 The proposal includes a SUDS pond and drainage infrastructure outwith the settlement boundary. Policy 6 Settlement Boundaries seeks to restrict development adjoining defined settlements. The policy refers to “built development” This is to ensure that artificial structures including houses are contained within a defined envelope for amenity and visual. The SUDS pond is therefore acceptable outwith the boundary provided it is of a natural form with no prominent artificial features. 36 The principle of the development is acceptable provided the proposals are compatible with relevant policies of the development plan. Design and Layout 37 The development site is in an edge of the settlement location but currently there is some existing landscape features which can provide containment. The surrounding buildings of Mill Gardens to the northeast of the site are a mixture of suburban style detached bungalow dwellings with garden plots of varying sizes. The buildings generally feature render walls and concrete tile roofs.
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38 The majority of the site will be single storey bungalows with the only exception being the two-storey affordable terrace block of three dwellings. The detached properties and Kingdom semi-detached bungalows all have hipped roofs. The terrace block has a pitched roof. 39 The scheme provides a mixture of different house type layouts and sizes to suit different housing needs and budgets. The bungalows are a mix of three-bedroom and two-bedroom. Within the development 25% of the site housing will be allocated as mid-market rentals with Kingdom Housing Association (Ltd). This includes 7 plots comprising of 4 semi-detached bungalows and a two-storey terrace of 3 dwellings located to the southwest of the site. 40 The proposed finish materials are block external skin walls with render, stone baseband and detailing, Upvc doors and windows, reconstituted stone window cills and surrounds, concrete roof tiles and Upvc rainwater goods. The Kingdom Housing Association affordable house types will use a similar material pallet with block external skin with render, brick baseband and detailing, Upvc doors and windows, precast concrete cills, concrete roof tiles, sarnafil porch roofs and Upvc rainwater goods. 41 The development has a similar density and layout to the nearby Gartwhinzean Loan, Mill Gardens and Mossend Garden. Other parts of the site, such as near the southern boundary, have a slightly higher density but still meet the plot/garden sizes set out in the supplementary guidance. 42 The scale, form and finish of the buildings and overall site layout is considered to respect the character and visual amenity of the area and therefore accord with Policies 1A and B of the LDP2 and Policy 14 of NPF4. Residential Amenity 43 The site is overall spaced with dwellings orientated to provide and maintain adequate privacy and amenity space. As the dwellings are mainly bungalows this does result in larger footprints and some windows are located with 9metres of boundaries, however, the boundary treatments are 1.8m fences and the positioning of windows/orientation of dwellings provides adequate privacy between plots. 44 The site is bound by residential development to the east/southeast and four dwellings are proposed on this boundary. Plots 20 - 23 are adequately spaced in relation to the boundary with a minimum distance of 8m provided which is acceptable as the dwellings are bungalows (with no upper floor windows), there is good boundary planting and the separating distance/orientation of adjacent dwellings will protect residential amenity. There is one dwelling to the southeast of the site and a bungalow has been positioned to the rear, the agent has submitted additional information with a section showing the proposed boundary fence and intervening distance of 20m between dwellings. Furthermore, due to
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the angle that plot 20 has been set at there will be no windows facing directly towards this property. 45 The dwellings will be fitted with air source heat pumps and these are expected to be domestic sized. As ASHPs are included under permitted development conditions to control the noise levels are no longer required but a standard informative will be added. 46 As such, the proposal accords with the intent of NPF4 Policy 14(c): Design, Quality and Place and LDP2 Policies 1A and 1B, Placemaking and Policy 17 Residential Areas in respect of residential amenity. Substation 47 Overhead power lines currently cross over the development site, running across the north part of the Phase 1 area, from west to east towards Mill Gardens. Substation is proposed sited between plots 20 and 21. The substation has been sited in relation to existing overhead cables which will be diverted underground Whilst concerns have been raised about the position of the sub-station these are not unusual in residential developments. The substation will be in excess of 20m from the site boundaries (to the south and east). To the nearest dwelling out with the site the substation is 39.5m north of Huize Baahock and 30m east of 1 Mill Gardens. The substation will be contained within an enclosure and obscured from view of the neighbouring Mill Gardens residential area by soft landscaping. 48 There have been concerns raised about the safety of living near a substation in relation to exposure to electromagnetic fields (EMFs). The National Grid provides guidance on this noting that background EMFs are actually present in most homes. Electrical appliances and wiring that’s normally used in houses generate a magnetic field; the magnetic field level in a house in the UK will typically be about 0.01 to 0.2 microtesla (µT). National Grid note that due to the design of the equipment that substations contain, they don’t produce a significant external electric field. However, they do generate a magnetic field. Magnetic field levels at the boundary of a substation are typically at a level of 1 or 2 µT, but this decreases very quickly as you move away. At approximately 1-2 metres from the substation, the magnetic field is usually lower than the field found in your home. Contaminated Land 49 There is a combined Phase 1 and Phase 2 report submitted to support the application. The report has not identified any soil exceedances. However, ground gas monitoring is ongoing with another three visits required before ground gas risk can be confirmed. The full contaminated land condition will be added in this case. (Condition 3).
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Roads and Access 50 It is proposed that construction access for the proposed scheme will be via the existing A977 junction route. In due course this road will be reconstructed and extended forming an adoptable road, providing the main access and direct physical connection of the entire scheme to the A977, Powmill and the wider area. A separate Traffic Assessment has been caried out by Systra and has been submitted as part of the application for reference. 51 The applicant undertook traffic turning counts and on average the weekday flow for the A977 was around 3,000 vehicles in each direction. This also included trip generation analysis for the proposed development. Over the period of a day, it has been shown that the applicant predicts 217 person trips to and from the site. Of the number of trips to and from the site, it is estimated that 80% of these will be by vehicle, resulting in 174 trips to and from the site. 52 The applicant has advised that the bus stop(s) within the village will be upgraded as part of the works. This will support onward travel to the local schools and for anyone seeking to use the bus service for local facilities or services. A condition is recommended. (Condition 7) 53 A Construction Traffic Management Plan, the access type and road gulleys will need to be agreed and are covered by conditions (Condition 8, 9 &12). Streetlighting designs will be required for the site to cover all vehicle accesses and will need to be extended along the A977. This will be needed as part of the Road Construction Consent application. 54 The swept path for the 12 metre waste collection vehicle has been included in and has shown that the site can be suitably serviced. Previously the applicant provided turning for the SuDS basin, this has now been removed, given the access is directly onto an A-Class Road, turning facilities shall be provided to allow maintenance vehicles to enter and exit in a forward facing gear. Provision of turning facilities shall be required by condition. (Condition 10) 55 The applicant has shown that there are 9 visitor parking spaces with off-street parking provided for each dwelling. The level of car parking proposed is acceptable and in line with the National Roads Development Guide. A residential travel plans is required by condition (Condition 11). 56 In terms of all road related matters, the proposal is acceptable and in accordance with the requirements of Policy 60 of the LDP2 and Policy 13 of NPF4. Drainage and Flooding 57 A Full Flood Risk Assessment Report (FRA) has submitted in support of the application. The FRA did not highlight any flood risks to the development or any increased risk of flooding to neighbouring areas caused by the development. A Drainage Impact Assessment report has also been provided.
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58 Surface water drainage from the northeast Phase 1 of the site will drain to the proposed SUDS area in the neighbouring agricultural field to the south of the A977 road. This field is also within the ownership of the same landowner who currently owns the phase 1 site area. The SUDS basin will be constructed as part of the Phase 1 works. Surface water from the future southwest phase 2 area of the site will also drain to this proposed SUDS basin. An access track with junction to the main road is provided for maintenance access of the SUD's pond. 59 This report has been reviewed by the councils Flood Team and the detail of which has generally been agreed. There is one outstanding issue regarding the modelling data but as the site is not within an area at risk of surface water or river flooding this can be covered by condition as agreed with the Flood Team. (Condition 4) 60 The foul drainage from the Phase 1 site area will drain to the mains sewer to the east. The agent has noted that a pre-development enquiry to Scottish Water has confirmed there is sufficient capacity at the local water treatment works and wastewater treatment works for the number of dwellings proposed to connect to the mains sewer. . Landscape 61 An updated landscaping plan to show the proposed boundary treatments has been submitted. There will be a close board type 1.8m high fence installed along the development's perimeter boundary, which includes the northeast boundary with Mill Gardens and the northwest field boundary. A 1.1m high open board type timber fence will be installed to the front garden/ driveway areas between each adjacent plot. 62 The original plans included a large number of narrow planting strips running along the rear boundaries and in between plots out with the garden ground of any property. These strips where not able to be maintained by the council and due to their narrow nature and restricted access. Through previous experience in other developments this has created issues for homeowners in terms of overgrown planting which maintenance companies or the council cannot access. These areas have been removed from the plans with garden ground being extended and additional planting proposed throughout the site. 63 The proposal has also been revised to remove a path which ran along the rear of plots 8 to 14. Through discussion with community greenspace it became clear that this path due to its restricted width would not meet adoptable standards (a buffer of 1.5m is required at each side of a path for maintenance). This path has now been removed forming additional amenity space for the properties. The loss of the path is not a significant issue as it would have created a private maintenance issue for residents and doesn’t significantly improve any linkages through the site.
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64 The site contains an amenity/wildlife pond and contributions to open space are required in covered in a subsequent section of the report. The SUDS pond across the A977 could benefit from landscaping. Conditions are required in relation to maintenance and landscaping of the SUDS pond (Condition 5 and 6). Waste Collection 65 The applicant has advised that discussions have taken place with Waste Services around the recycling centre and it is proposed that this will be removed as part of the works. 66 The dwellings will receive the 4 bin system and areas for communal bin storage shall ensure that they be no more than 10 metres from refuse collection vehicle with a smooth level surface and dropped kerbs where appropriate. An informative note is recommended with regard to waste and recycling provision will be attached to the permission (Informative 7). Natural Heritage and Biodiversity 67 An Ecological Impact Assessment was undertaken by Elan Consultancy Ltd. There were also some separate recommendations for the phase 2 site such as a summertime bat activity survey for the agricultural farm shed. However, no such requirement was identified for phase 1 and the phase 2 area will not initially be developed so the recommendation will only relate to future works out with the remit of this application. 68 Two nesting bird survey's have been carried out, one in May and one in June, which examine the bird species, nesting sites and mitigation and compensation measures for any loss of habitat caused by construction of the development and recommendations for creation of new habitats. Site clearance, including hedge and tree removals will be undertaken out with the bird nesting season. Some existing boundary treatments will be retained, where possible, such as those to the south beside the main road. The proposed landscaping incorporates numerous new trees and areas of hedging and planting, providing new potential nesting sites for birds. A wildlife pond will be introduced with shallow edges, and flower planting bed utilising species recommended in the report. 69 An Arboricultural Impact Assessment and Constraints report, including a tree survey in line with LDP policy 40, has been provided. A Method Statement and Replanting Schedule provides information on tree removals, compensatory planting, tree protection and measures for relocating existing trees within the development site. These proposals are also reflected in the proposed landscape plan and planting schedule which details the approach to soft landscaping of the development. There are approximately 60 existing mature trees on site which conflict with the proposals and require to be removed as part of works. There are approximately 100 small diameter young trees and saplings which will be relocated as part of the proposals under the supervision of an arboriculturist.
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70 The proposal with the addition of conditions in relation to landscaping, birds, biodiversity enhancement and trees (13 – 16) complies with the tree and biodiversity polices of LDP2 and NPF4. Low and Zero Carbon Generating Technologies 71 LDP2 Policy 32 ‘Embedding Low and Zero Carbon Generating Technology in New Development’ states that proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. As this proposal includes the erection of a new building, consideration must be given to this requirement. Further, NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ requires that development should be designed to reduce green gas emissions. 72 The properties will be connected to the grid and supplement their power usage with use renewable technologies. This will be through solar PV arrays and Air Source Heat Pumps. The proposal therefore complies with the relevant policies. Developer Contributions Open Space 73 All properties have their own private amenity space and an amenity/wildlife point will be created as part of the proposal. There are also some smaller areas of amenity planting which would not be adopted or maintained by the council. 74 For this development a play area would not be required, but a financial contribution towards the upkeep and future upgrade of the existing play area in Powmill is requested, given the additional pressure and use these would receive. A financial contribution of £22,022.52 towards the ongoing maintenance of the nearby Powmill Play Area. Affordable Housing 75 The Affordable Housing Policy requires that 25% of the developments total number of houses, when above 5 units, be allocated to affordable housing. The requirement calculated for the 29 houses proposed at 25% is 7.25 units. The development provides 7 affordable dwellings, therefore a commuted sum will be paid by the developer for the remaining 0.25 units of £4,750. While there has been some wider concern at sites focussing affordable housing units in one particular part of the site, as opposed to distributing provision throughout sites for integration purposes, Affordable Housing operators do not prefer such a route for legal/ownership, and asset management reasons. As such, with the dwellings having a similar material pallete to the market housing, and due prominence within the site, the proposal is considered to be compliant with Policy 20 Affordable Housing of LDP2.
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Primary Education 76 The Council Developer Contributions Supplementary Guidance requires a financial contribution towards increased primary school capacity in areas where a primary school capacity constraint has been identified. A capacity constraint is defined as where a primary school is operating at over 80% and is likely to be operating following completion of the proposed development, extant planning permissions and Local Development Plan allocations, at or above 100% of total capacity. 77 This proposal is within the catchment of Fossoway Primary School. Education & Children's Services have no capacity concerns in this catchment area at this time and therefore no contributions are required. 78 A Section 75 Legal Agreement may be required to ensure that the affordable housing is delivered and to secure the open space/affordable housing payment. This would therefore be in compliance with Policy 18 Infrastructure first of NPF4 and Policy 5 Developer Contributions of LDP2. Economic Impact 79 The site will provide economic benefit during the construction phase of the development and see additional economic activity associated to Powmill as a result of an increased population. The proposal also provides needed affordable homes in a sustainable location during a recognised housing crisis. VARIATION OF APPLICATION UNDER SECTION 32A 80 This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the site layout and landscaping. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 81 None required. DIRECTION BY SCOTTISH MINISTERS 82 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application. CONCLUSION AND REASONS FOR RECOMMENDATION 83 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this
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respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for approval subject to the following conditions. RECOMMENDATION Approve the application subject to the following conditions: Conditions and Reasons for Recommendation 1. 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. Development shall not commence on site until an evaluation for the potential of the site to be affected by contamination by a previous use has been undertaken and, as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been submitted for consideration and accepted by the Council as Planning Authority. If the preliminary risk assessment identifies the need for further assessment, an intrusive investigation shall be undertaken to identify; I. the nature, extent and type(s) of contamination on the site II. measures to treat/remove contamination to ensure the site is fit for the use proposed III. measures to deal with contamination during construction works IV. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason - In order to deal with any potential contamination of the site as a result of its former use.
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4. 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 5. 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 agree the maintenance of areas of planting. 6. Prior to the commencement of the development hereby approved, a detailed landscaping and planting scheme for the site, to include the SUDS pond to the south of the A977 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. 7. Prior to the occupation of the first dwellinghouse, the developer shall replace the existing bus shelter known as Powmill, at Store (NaPTAN ID 73726324), with a new concrete base for a 2 bay enclosed bus shelter supplied and installed with passenger information board, internal community noticeboard, 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
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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. In the event that it is not possible to install at this location, an alternative shall be agreed in writing with the planning authority. Reason - In the interest of sustainable travel. 8. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: (a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; (b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; (c) a code of conduct for HGV drivers to allow for queuing traffic to pass; (d) arrangements for liaison with the Roads Authority regarding winter maintenance; (e) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; (f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; (g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; (h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; (i) details of information signs to inform other road users of construction traffic; (j) arrangements to ensure that access for emergency service vehicles are not impeded; (k) co-ordination with other significant developments known to use roads affected by construction traffic; (l) traffic arrangements in the immediate vicinity of temporary construction compounds; (m) the provision and installation of traffic counters at the applicant's expense at locations to be agreed prior to the commencement of construction; (n) monitoring, reporting and implementation arrangements; (o) arrangements for dealing with non-compliance; and (p) details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management.
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9. Prior to commencement of any development on site, the street lighting design must be submitted for the further written agreement of the Council as Planning Authority, in consultation with Perth & Kinross Council’s Street Lighting Partnership for the public road network. The scheme shall include details of light spill, brightness of the lighting and the proposed hours of operation for both the public road network and the private areas. The agreed lighting scheme shall be implemented and maintained in full accordance with the agreed scheme. Reason - In the interests of road safety and residential amenity. 10. Prior to commencement of any development on site, a detailed design of the junction and turning facilities for the SUDS shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The junction and turning facilities, as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority and undertaken prior to the commencement of construction of the SUDS. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 11. No part of the development shall be occupied until a Residential Travel Plan (RTP), aimed to encourage more sustainable means of travel, has been submitted to and agreed in writing by the Council in consultation with Transport Planning. The RTP will have particular regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided, the system of management, monitoring, review, reporting and the duration of the plan. Reason - To promote sustainable transport options and to meet advice within Scottish Planning Policy on transport. 12. Prior to the commencement of the development hereby approved, full visibility splays for both the vehicle access onto the A977 of 90 metres along the channel line, as demonstrated in the Transport Statement, shall be provided to the left and right of the access, at a set-back of 2.4 metres from the edge of the carriageway, measured 1.05m above the road level to the standard and specification required by the Council as Roads Authority to the satisfaction of the Planning Authority. The visibility splays shall be physically formed on the ground and any existing fences, walls, hedges or other means of enclosure or obstructions within the splays shall be removed and relocated outwith the splays. Once formed, the visibility splays shall be permanently retained thereafter, and no visual obstruction of any kind shall be permitted within the visibility splays so formed. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary.
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13. 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. 14. No site clearance or removal of vegetation, including trees and shrubs will take place between 1st March and 31st August inclusive unless a competent ecologist has undertaken a careful and detailed check of vegetation for active birds' nests immediately before the vegetation is to be cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting birds on site. Any such written confirmation must be submitted to the planning authority prior to commencement of works. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 15. 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. 16. The conclusions and recommended action points within the supporting tree method statement and replanting schedule by Elan Consultancy submitted and hereby approved (document 51 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 - To ensure the trees are protected during construction. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan.
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Procedural Notes 1. 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. 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 4. Application for a new postal address should be made via the Street Naming and Numbering page on the Perth & Kinross Council website at www.pkc.gov.uk/snn. Please note there is a charge for this service and submission cannot be made until the relevant Building Warrant has been approved. 5. No work shall be commenced until an application for building warrant has been submitted and approved. 6. The Air Source Heat Pump shall be certificated in accordance with Microgeneration Certification Scheme 007 and installed by an installation company certificated in accordance with Microgeneration Installation Standard 3005 and in compliance with the calculation procedure contained in Table 2 of Microgeneration Certification Scheme Planning Standards (MCS 020), confirming that the permitted development noise limit of 42 dB LAeq, 5 mins will be met. In addition, the Air Source Heat Pump 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
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hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. 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. This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the site layout and landscaping. 9. 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. 10. 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. 11. The applicant is advised that, in terms of Sections 56 of the Roads (Scotland) Act 1984, he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environmental Protection Agency. Background Papers: 12 letters of representation Contact Officer: Joanne Ferguson Date: 27 September 2024
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DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING