23/01313/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. 24/279) PROPOSAL: Erection of 7 dwellinghouses, formation of vehicular access, landscaping and associated works LOCATION: Land east of Honeysuckle Cottage, Carnbo Ref. No: 23/01313/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 contributions for affordable housing. BACKGROUND AND DESCRIPTION OF PROPOSAL 1 The site is within the settlement boundary of Carnbo, which is approximately 6 km west of Milnathort. The site is accessed from the A91 extending south then east linear in form. It is bound by residential development to the north/east/west with the settlement boundary forming the southern site boundary with agricultural land beyond. 2 The application has been revised since the original submission to address concerns about drainage and density/dwelling positioning. The revised plans have been subject to advertisement, notification and consultation. 3 The proposal is to erect 7 dwellings with one infilling on the main street (A91), one dwelling flanking the new access into the site the remaining plots forming a linear row extending east along the south site boundary. The development will also include amenity planting and SUDS area. SITE HISTORY 4 09/01229/IPL was approved on 29 March 2011 for erection of a dwellinghouse (in principle). 5 14/00535/AML was approved on 22 May 2014 for erection of dwellinghouse and garage (matters reserved by conditions)
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PRE-APPLICATION CONSULTATION 6 The proposed development is not classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was not required to undertake not any formal pre-application consultation with the local community. DEVELOPMENT PLAN 7 The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance. National Planning Framework 4 8 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve 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 7: Historic Assets and Places • 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 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
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• Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 17: Residential Areas • Policy 20: Affordable Housing • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 46A: Loch Leven Catchment Area • Policy 46B: Loch Leven Catchment Area • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 12 • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Placemaking (adopted in 2020) PKC NON STATUTORY GUIDANCE 13 • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity NATIONAL GUIDANCE 14 The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 15 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements • PAN 69 Planning and Building standards Advice on Flooding • PAN 75 Planning for Transport • PAN 77 Designing Safer Places Creating Places 2013 16 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes
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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 Environment Protection Agency – additional mitigation submitted to address SEPAs initial objection; conditions required. 21 Fossoway and District Community Council – Objection to proposal; contrary to LDP2, over development, inappropriate design, no open space and does not enhance biodiversity. 22 Scottish Water - No objection subject to standard advice. Internal 23 Perth and Kinross Heritage Trust - No objection, Written Scheme of Investigation (WSI) and be submitted for PKHT for approval. 24 Transportation and Development - No objection, subject to conditions and informatives. 25 Development Contributions Officer - Developer contributions required outlined 26 Environmental Health (Contaminated Land) - Contaminated land condition required 27 Community Waste Advisor - Environment Service - No response within time but informative added
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REPRESENTATIONS 28 12 representations were received. The main issues raised within the representations are: • Contrary to policy • Lack of services • Loss of privacy • Inappropriate design • Light pollution • Noise pollution • Traffic • Road safety concerns • Overdevelopment • Disturbance to field drains in building phase could cause flooding. • Inadequate bin storage • Adverse effect on visual amenity • Contrary to Development Plan policy • Inappropriate housing density • Loss of open space • Out of character with the area • Over intensive development • Over looking • No gaps for hedgehogs 29 These issues are addressed in the Appraisal section of the report. ADDITIONAL STATEMENTS 30 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 APPRAISAL 31 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and
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are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 32 The site is located within the settlement boundary of Carnbo and is not an allocated housing site. In terms of the principle of development Policy 1 Placemaking and Policy 17 Residential Areas of LDP2 apply. In terms of NPF4 Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings, Policy 14: Design, Quality and Place and Policy 16: Quality Homes are all applicable. 33 Policy 1 Placemaking of LDP2 seeks to ensure that all new developments do not adversely affect the areas in which they are located, whilst Policy 17 ensures that all new developments within settlement are compatible with existing uses and do not adversely impact on residential amenity. 34 In terms of NPF4, Policy 9 Brownfield, vacant and derelict land and empty buildings seeks to encourage, promote and facilitate the reuse of brownfield and vacant land, Policy 14 (Design, Quality and Place) looks to promote good design for all developments and Policy 16 (quality homes) looks to deliver quality and affordable homes across the country. 35 The site is considered to be a logical infill residential site given its undeveloped vacant status and location within the settlement boundary. It is also important to ensure that the development potential of the site is fully realised due to its siting in relation to existing infrastructure. The lack of services in Carnbo has been noted but the development is within the settlement and services will not be provided unless the village grows. Although existing residents may be dependent on the car an increase in dwellings may encourage additional bus services or local businesses. 36 The general principle of residential development on this site is therefore acceptable and the proposal and is considered to accord with Policy 17 of the LDP2 and 14 and 16 of NPF4. The proposal is also a brownfield site and therefore meets the requirements of Policy 9 of NPF4 regarding the use of vacant land to reduce greenfield development. Design and Layout 37 Carnbo is a linear settlement with the majority of dwellings accessed directly onto the A91. There is a more modern development to the west of the settlement (Pitcanie Lane) with a courtyard of 4 dwellings and a number of new build housing forming a small cul-de-sac. The proposal in essence will create a secondary street, but it would be difficult to develop the site in any other way. 38 Plot 1 is the smallest at 352sqm sitting at the entrance of the site fronting the A91. It appears from a site visit that it once formed a small dwelling plot. Plot 1
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has 120sqm of amenity space which is in excess of the minimum set out within the placemaking guidance. Plot 2 is approximately 425sqm with 200sqm of amenity space. It is noted that Carnbo has a number of generous house plots but a variety of house types and plots sizes are required to meet different individual needs. The inclusion of the two smaller cottage style 3 bedroom properties on Plots 1 and 2 provide more choice within the settlement. 39 The remaining plots 3 - 7 range from 570sqm to 670sqm in area. These accommodate 4 bedroom homes with single or double garages. The house types vary from plot to plot with the same material pallet throughout. 40 The plots are in excess of placemaking guidance with amenity space ranging from 120sqm to 400sqm all of which are in excess of the guidance which requires a minimum of 80sqm. 41 The scale, form and finish of the buildings and overall site layout is considered to respect the character and visual amenity of the area and therefore accord with policies 1A and B of the LDP2 and 14 of NPF4. Residential Amenity 42 The dwellings only directly adjoin one property boundary as there is a proposed access road with amenity strip running to the north which separates plots 3 - 7. 43 The dwelling proposed on plot 1 is orientated to face the public road with the majority of the windows (inc all upper floor bedrooms) facing the public road. There are no windows on the east elevation which faces the neighbouring dwelling. Plot 2 is positioned to the west of the plot and as it replicates plot 1 the majority of windows will overlook the new access road. The only windows on the rear of these properties are at ground floor and can be mitigated by normal boundary treatments. These dwellings are both smaller 3 bedroom cottage style which have 120sqm and 200sqm areas of amenity space which is in excess of the minimum standard for 3 bedroom dwellings as set out in the Placemaking Supplementary Guidance. There are no upper floor windows proposed with 9m of the boundary with the existing dwelling. 44 Plots 3 – 7 have an access road between the proposed dwellings and existing property boundaries to the north. They are spaced a minimum of 15m from the front elevation to the adjoining property boundaries. The garden depths of these existing properties are a minimum of 20m. The dwellings proposed are therefore 15m from the neighbouring gardens and 35m in total from the dwellings. This is in excess of the guidelines set out in the placemaking supplementary guidance. 45 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.
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Visual Amenity 46 The proposal includes small areas of amenity space within the site along with a communal drainage area. A landscaping plan has been submitted and a maintenance plan will need to be agreed as its unlikely that these small areas would be adopted by the council. (condition 6) 47 It has been raised that there is a utilities lines across the site which would prohibit the completion of the landscape plan as proposed however the agent has confirmed that the landowner can require their removal/relocation or that other alternatives can be sought. This would be out with the scope or control of planning and if the landscaping plan can’t be completed as proposed the applicant would then need to agree a revised plan. Roads and Access 48 The site is to be accessed from the A91 via a new vehicular access creating an internal road within the site to allow access to all properties. The applicant has detailed visibility splays on the contextual block plan, demonstrating 60m visibility to the east and west of the proposed vehicular access. A condition is recommended for the formation of the vehicular access and footpath along the frontage of the site (Core path FSWY/157)(Condition 9). 49 The applicant has demonstrated that the standards within the National Roads Development Guide have been met in terms of parking facilities. Visitor parking bays have also been provided and a condition is required to ensure to provide step off facilities to enable occupants of the vehicles to safely exit the vehicles onto an area of hardstanding. (Condition 10) A swept path assessment to demonstrate that the refuse collection vehicle (10m) can turn within the site has been provided, a swept path for a 12m long vehicle is also required and tis can be conditioned. (Condition 11) 50 The site will require service strips throughout, commencing from the entrance to the site, in order to support service infrastructure, including lighting columns. (Condition 12). The drainage layout has been revised to provide more detail on the siting of soakaways but information on separate outfalls for the roads drainage and the location of the infiltration trench on the drainage layout is still required and can be covered by condition. (Condition 13) Additional conditions are required to cover the street lighting design and a construction traffic management plan. (Conditions 14 and 15) 51 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
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52 The site is out with the flood risk area but to ensure that the development takes account of drainage issues in the area the proposed SUDS will be covered by condition. 53 The site is located within the Loch Leven catchment and as such phosphorus mitigation is required. SEPA has confirmed that there is sufficient phosphorus mitigation within the proposals for the development. The applicant is proposing to use 3 properties for mitigation which is more than they require and SEPA welcome the betterment in the catchment. 54 SEPA have made it clear that the mitigation is in excess of what is required and that this cannot be used again for any extensions to the site or for any future planning applications. Once the mitigation has been allocated it cannot be shared or used in the future. This will be added as an informative. 55 Two of the mitigation properties have authorisations with us under the Water Environment (Controlled Activities) Regulations (one being a 'registration' and the other a 'licence'). These will need to be varied via an application to SEPA's Water Permitting team in order to show the changes to the system and discharge limits and the last mitigating property will need to be authorised by us via a new application as well to the permitting team. 56 With the addition of the Loch Leven mitigation conditions (3 and 4) the proposal is in accordance with the drainage polices of both LDP2 and NPF4 Waste Collection 57 It has been demonstrated that the site can be serviced by a refuse vehicle. In letters of representation the indicated 3 bins within each plot is insufficient. If an additional bin is required, each plot has more than enough space to facilitate it. Conservation Considerations 58 The proposed development site lies within an area that is considered to be archaeologically sensitive as it is located near to the recorded findspot of a prehistoric cemetery (MPK1823). Cremation urns, probably dating to the Bronze Age, were uncovered in 1842 though the finders recorded the burials as 'Roman Remains'. Further remains are known nearby on Cairn Hill to the northwest, which includes a later prehistoric unenclosed settlement site with Scheduled Monument status (SM7625). 59 A small evaluation (EPK1295) was undertaken west of the development site in 2018 during which no archaeological remains were identified. However, given that little archaeological survey or evaluation work has been undertaken in or around the village and that this parcel of land is located in an area of greenfield with no record of previous development, PKHT believe archaeological mitigation is required.
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60 It is recommended that an archaeological evaluation should take place to assess the presence / absence, character and significance of archaeological deposits on the site and the extent to which the development will impact upon them. (Condition 5) Natural Heritage and Biodiversity 61 The site has little tree coverage other than those around the boundaries. The scheme includes a landscaping proposal. 62 Enhancement of biodiversity should be demonstrated in all projects. Details of enhancement measures such as quantity, locations, techniques, timescales and monitoring arrangements are required and will be covered by condition. (Condition 10) Low and Zero Carbon Generating Technologies 63 LDP2 Policy 32 ‘Embedding Low and Zero Carbon Generating Technology in New Development’ states that proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. As this proposal includes the erection of a new building, consideration must be given to this requirement. Further, NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ requires that development should be designed to reduce green gas emissions. In this instance, the proposal includes solar panels on the dwellings. The proposal therefore complies with the relevant policies. Developer Contributions Affordable Housing 64 The Council's Affordable Housing Policy requires that 25% of the total number of houses, above a threshold of 5 units, for which planning consent is being sought is to be in the form of affordable housing. 65 In terms of this proposal most available affordable options would likely not be viable on this site, mainly as a result of a lack of amenities as well as poor connectivity/lack of public transport to the nearest larger settlements. In this case it is considered, in consultation with the Affordable Housing Enabler and taking cognisance of the submission of the application before the adoption of the updated Supplementary Guidance in December 2023, that a commuted sum is appropriate in this instance. Primary Education 66 The Council Developer Contributions Supplementary Guidance requires a financial contribution towards increased primary school capacity in areas where a
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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. 67 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. 68 The proposal, subject to the settlement of developer obligations, the proposal shall be compliant with Policy 18 Infrastructure First of NPF4 and Policy 5 Infrastructure contributions of LDP2. Economic Impact 69 The site will provide economic benefit during the construction phase of the development and see additional economic activity associated to Carnbo as a result of an increased population. VARIATION OF APPLICATION UNDER SECTION 32A 70 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 dwelling numbers and the site layout. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 71 None required. DIRECTION BY SCOTTISH MINISTERS 72 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 73 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly the proposal is recommended for approval subject to the following conditions.
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RECOMMENDATION Approve the application subject to the following conditions: Conditions and Reasons for Recommendation 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason - To ensure the development is carried out in accordance with the approved drawings and documents. 3. The foul drainage infrastructure capable of achieving not less than 125% phosphorus mitigation associated with this development shall be undertaken in a phased manner: (a) No development shall commence on the approved development site until the mitigating foul drainage infrastructure at the remote properties at Burach Beg KY13 0NX, The Farmhouse KY13 0NX and Crossroads Cottage KY13 0NJ has been installed, (b) Following the installation of the foul drainage infrastructure at the remote property/properties, the development site shall only be occupied once the foul drainage infrastructure for the development site has been installed. For the avoidance of doubt the installed drainage infrastructure at the development site as approved shall be retained. Reason - To ensure appropriate drainage arrangements are installed and retained to remove phosphorus from the Loch Leven Catchment Area thereby ensuring compliance with Policy 46 A & B: Loch Leven Catchment Area of the Perth and Kinross Local Development Plan 2 (2019) and Enterprise and Infrastructure Committee Resolution of 28 August 2013. 4. Development shall not commence until the applicant has submitted approved CAR licence(s) under the Water Environment (Controlled Activities)(Scotland) Regulations 2011 for the drainage infrastructure associated with this project to the Council as Planning Authority and the Planning Authority has confirmed receipt of the documentation in writing. Reason - To ensure appropriate drainage arrangements are installed and retained to remove phosphorus from the Loch Leven Catchment Area thereby
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ensuring compliance with Policy 46 A & B: Loch Leven Catchment Area of the Perth and Kinross Local Development Plan 2 (2019) and Enterprise and Infrastructure Committee Resolution of 28 August 2013. 5. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) which has been submitted by the developer and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress. Reason - To ensure archaeological monitoring is carried out to safeguard and record any archaeological remains within the development area. 6. 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 secure the maintenance of communal areas. 7 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.
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8. 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. 9. Prior to the commencement of development details of the footpath along the frontage of the site with the A91 and the vehicular access to the site shall be submitted to and agreed in writing by the Council as Planning Authority. The details as agreed shall be completed prior to the occupation of the development. Reason - In the interests of pedestrian and traffic safety and in the interests of free traffic flow. 10. Prior to the commencement of development details of the visitor parking bays shall be submitted to and agreed in writing by the Council as Planning Authority. The details submitted shall include step off facilities to enable occupants of the vehicles to safely exit the vehicles onto an area of hardstanding. The details as agreed shall be completed prior to the occupation of the development. Reason - In the interests of road safety; to ensure the provision of adequate off street car parking facilities. 11. Prior to the commencement of development details a swept path assessment to demonstrate that a 12m long vehicle. The details as agreed shall be completed prior to the occupation of the development. Reason - In the interests of pedestrian and traffic safety and in the interests of free traffic flow. 12. Prior to the commencement of development details of the service strips commencing from the entrance in order to support service infrastructure,
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including lighting columns shall be submitted to and agreed in writing by the Council as Planning Authority. The details as agreed shall be completed prior to the occupation of the development. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 13. Prior to the commencement of development details the outfalls for the roads drainage and the location of the infiltration trench shall be submitted to and agreed in writing by the Council as Planning Authority. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 14 Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; c) a code of conduct for HGV drivers to allow for queuing traffic to pass; d) arrangements for liaison with the Roads Authority regarding winter maintenance; e) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; i) details of information signs to inform other road users of construction traffic; j) arrangements to ensure that access for emergency service vehicles are not impeded; k) co-ordination with other significant developments known to use roads (l) traffic arrangements in the immediate vicinity of temporary construction compounds; (m) the provision and installation of traffic counters at the developer 's expense at locations to be agreed prior to the commencement of construction; (n) monitoring, reporting and implementation arrangements; (o) arrangements for dealing with non-compliance; and (p) details of HGV movements to and from the site.
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The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes 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. No work shall be commenced until an application for building warrant has been submitted and approved. 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. 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
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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 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 7. 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 dwelling numbers and the site layout. 8. SEPA highlight that once the mitigation has been allocated it cannot be shared or used in the future. Background Papers: 12 letters of representation Contact Officer: Joanne Ferguson Date: 27 September 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING