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Agenda Document Pack - Planning and Placemaking Committee - 09/10/2024

Perth and Kinross Council · 9 October 2024
Back to Planning and Placemaking Committee — 9 October 2024 and its agenda

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Securing the future… • Improving services 
• Enhancing quality of life • Making the best use of public
resources 
Council Building
2 High Street
Perth
PH1 5PH 
30/09/2024 
A hybrid meeting of the Planning and Placemaking Committee will be held in the
Council Chamber on Wednesday, 09 October 2024 at 09:30. 
If you have any queries please contact Committee Services on (01738) 475000 or
email Committee@pkc.gov.uk. 
THOMAS GLEN
Chief Executive 
Those attending the meeting are requested to ensure that all notifications are
silent on their device and other devices are in silent mode. 
Please note that the meeting will be broadcast online and recorded.  The
recording will be publicly available on the Council’s website following the
meeting. 
Members:
Councillor Ian Massie  (Convener)
Councillor Grant Stewart  (Vice-Convener)
Councillor Keith Allan
Councillor Bob Brawn
Councillor Dave Cuthbert
Councillor Ken Harvey
Councillor David Illingworth
Councillor Ian James
Bailie Claire McLaren
Councillor Richard Watters
Bailie Mike Williamson
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Planning and Placemaking Committee 
Wednesday, 09 October 2024 
AGENDA 
MEMBERS ARE REMINDED OF THEIR OBLIGATION TO DECLARE ANY
FINANCIAL OR NON-FINANCIAL INTEREST WHICH THEY MAY HAVE IN ANY
ITEM ON THIS AGENDA IN ACCORDANCE WITH THE COUNCILLORS’ CODE
OF CONDUCT. 
1 WELCOME AND APOLOGIES/SUBSTITUTES   
2 DECLARATIONS OF INTEREST   
3 MINUTE OF MEETING OF THE PLANNING AND
PLACEMAKING COMMITTEE OF 11 SEPTEMBER 2024 FOR
APPROVAL
(copy herewith) 
5 - 48 
4 DEPUTATIONS   
5 APPLICATIONS FOR DETERMINATION   
5(1)  LOCAL APPLICATIONS   
5(1)(i)  23/01224/FLL - ERECTION OF 29 DWELLINGHOUSES AND
ASSOCIATED WORKS (PHASE 1 - ALLOCATED SITE H53),
LAND NORTH WEST OF HUIZE BAAHOCK, POWMILL,
DOLLAR
Report of Handling by Strategic Lead - Economy, Development
and Planning (copy herewith 24/278) 
49 - 74 
5(1)(ii)  23/01313/FLL - ERECTION OF 7 DWELLINGHOUSES,
FORMATION OF VEHICULAR ACCESS, LANDSCAPING AND
ASSOCIATED WORKS, LAND EAST OF HONEYSUCKLE
COTTAGE, CAMBO
Report of Handling by Strategic Lead - Economy, Development
and Planning (copy herewith 24/279) 
75 - 96 
5(1)(iii)  24/00279/FLL - CHANGE OF USE AND ALTERATIONS TO
RESIDENTIAL OUTDOOR CENTRE TO FORM 8 SERVICED
APARTMENTS (OPTIONAL SHORT-TERM LET 
97 - 120
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APARTMENTS), ERECTION OF STORAGE BUILDINGS,
FORMATION OF VEHICULAR ACCESS, PARKING AREAS,
PATHS, STEPS AND ASSOCIATED WORKS, DUNOLLY,
TAYBRIDGE DRIVE, ABERFELDY
Report of Handling by Strategic Lead - Economy, Development
and Planning (copy herewith 24/280) 
5(1)(iv)  24/01115/FLL - ALTERATION TO DWELLINGHOUSE (IN
RETROSPECT), 35 SIMPSON WYND, KINROSS, KY13 8GP
Report of Handling by Strategic Lead - Economy, Development
and Planning (copy herewith 24/281) 
121 - 132 
6 PROPOSAL OF APPLICATION NOTICES (PAN)   
6(i)  24/00007/PAN - FORMATION OF A 22MW SOLAR FARM
COMPRISING GROUND MOUNTED SOLAR ARRAYS,
INVERTERS, 2 SUBSTATIONS, COMPOUND, VEHICULAR
ACCESS AND ACCESS TRACKS, SECURITY FENCING,
CCTV CAMERAS AND ASSOCIATED WORKS, LAND 320
METRES NORTH WEST OF PEATTIE FARM, KINNOCHTRY,
COUPAR ANGUS, BLAIRGOWRIE
Pre-Application Report by Strategic Lead - Economy,
Development and Planning (copy herewith 24/282) 
133 - 142 
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PLANNING AND PLACEMAKING COMMITTEE 
Minute of hybrid meeting of the Planning and Placemaking Committee held in the
Council Chambers, 2 High Street, Perth, on Wednesday 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) 
3
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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);
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(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
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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;
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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.
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Reason - In the interests of employing best practice
ecology and to ensure there is no adverse impact on any
protected species.
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.
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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
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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;
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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
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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. 
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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
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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.
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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,
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Page 18

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
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Page 19

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.
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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
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Page 21

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.
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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
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Page 23

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.
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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: 
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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;
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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
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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.
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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.
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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
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Page 30

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 30 of 142

Page 31

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; 
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Page 32

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
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Page 33

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:
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Page 34

(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
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Page 35

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.
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Page 36

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.
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Page 37

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. 
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Page 38

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
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Page 39

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.
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Page 40

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;
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Page 41

(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.
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Page 42

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.
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Page 43

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
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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.
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Page 45

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.    
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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
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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. 
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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. 
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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
5(1)(i)
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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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Page 56

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 
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5(1)(i)
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5(1)(i)
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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)
5(1)(ii)
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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 
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5(1)(ii)
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5(1)(ii)
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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. 24/280) 
PROPOSAL: Change of use and alterations to residential outdoor centre to
form 8 serviced apartments (optional short-term let apartments),
erection of storage buildings, formation of vehicular access,
parking areas, paths, steps, and associated works 
LOCATION: Dunolly, Taybridge Drive, Aberfeldy, PH15 2BP 
Ref. No: 24/00279/FLL
Ward No: P4- Highland 
Summary 
This report recommends approval of the application as the development is considered
to comply with the relevant provisions of the Development Plan and there are no
material considerations apparent which outweigh the Development Plan. 
BACKGROUND AND DESCRIPTION OF PROPOSAL 
1 Planning permission is sought for change of use, alterations to residential
outdoor centre to form 8 serviced apartments (optional short-term let
apartments), erection of storage buildings, formation of vehicular access, parking
areas, paths, steps ad associated works at Dunolly House, Aberfeldy.  The
property occupies a corner position with elevations fronting both Taybridge Road
and Kenmore Road in the Aberfeldy Conservation Area.  Dunolly House is grade
C listed with the listing including Dunolly Cottage, boundary walls, gatepiers,
railings and gates.  Its most recent use was as an outdoor recreation centre.  The
cottage to the north was previously associated with Dunolly House and the
outdoor centre but is now in separate ownership.  
2 Planning permission was approved for conversion into 5 flats in February 2022
following the signing of a section 75 legal agreement in respect of affordable
housing provision.  That permission remains live until late February 2025. 
3 This application proposes alterations to the building to form 8 serviced
apartments comprising of seven 2-bed apartments and one 1-bed apartment. 
The apartments are principally targeted to visitors to the area.  The supporting
statement suggests that cleaning services and onsite management will be
provided to receive guests on arrival with staff present on site during standard
office hours.
5(1)(iii)
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4 Access differs from the previous approval with a new vehicular access proposed
from Kenmore Street.  The existing access from Taybridge Road will be utilised
for disabled parking and bicycles.    
5 There is a related application for Listed Building Consent (24/00304/LBC) which
will be determined under delegated powers. 
SITE HISTORY 
6 00/01426/FUL Full Planning Permission was approved on 18 October 2000 for
Erection of high ropes course at 
7 03/00561/FUL Full Planning Permission was approved on 28 May 2003 for
Erection of a wooden shed with a concrete floor base 
8 87/00377/FUL Full Planning Permission was approved on 7 May 1987 for
alterations 
9 94/00333/FUL Full Planning Permission was approved on 14 April 1994 for
change of use from guesthouse to licenced guest house 
10 03/02183/FUL Full Planning Permission was approved on 12 February 2004 for
alterations to window to form french doors 
11 17/00018/LBC Listed Building Consent application was withdrawn on 22
February 2017 for alterations and extension to building 
12 17/00019/FLL Full Planning Permission application was withdrawn on 22
February 2017 for change of use, alterations and extension to outdoor centre to
form 5no flats, formation of parking and associated works 
13 17/00625/LBC Listed Building Consent application was withdrawn on 17
September 2018 for alterations and extension to building 
14 17/00626/FLL Full Planning Permission application was withdrawn on 17
September 2018 for change of use, alterations and extension to outdoor centre
to form 5no. flats, formation of parking and associated works 
15 19/00003/LBC Listed Building Consent was approved on 1 March 2019 for
alterations and extension to building 
16 19/00005/FLL Full Planning Permission was approved on 21 February 2022 for
change of use, alterations and extension to outdoor centre to form 5no. flats,
formation of parking and associated works 
17 23/02127/FLL Full Planning Permission Application returned on 29 January 2024
for change of use, alterations and extension to outdoor centre to form 5 flats,
formation of parking and associated works
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18 24/00304/LBC Listed Building Consent  - pending for alterations to residential
outdoor centre to form 8 serviced apartments (optional short-term let apartments) 
ENVIRONMENTAL IMPACT ASSESSMENT 
19 The proposal is not EIA development. 
PRE-APPLICATION CONSULTATION 
20 Pre application Reference: None.  
21 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 
22 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 
23 The National Planning Framework 4 (NPF4) is the Scottish Government’s long-
term spatial strategy with a comprehensive set of national planning policies.  This
strategy sets out how to improve peoples lives by making sustainable, liveable
and productive spaces.  NPF4 has an increased status over previous NPFs and
comprises part of the statutory development plan. 
24 The Council’s assessment of this application has considered the following
policies of NPF4 : 
• Policy 1: Tackling the Climate and Nature Crises
• Policy 2: Climate Mitigation and Adaptation
• Policy 3: Biodiversity
• Policy 6: Forestry, Woodland and Trees
• Policy 7: Historic Assets and Places
• Policy 13: Sustainable Transport
• Policy 14: Design, Quality and Place
• Policy 22: Flood Risk and Water Management
• Policy 30: Tourism 
Perth and Kinross Local Development Plan 2019 
25 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
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economic growth.” It is the most recent statement of Council policy and is
augmented by Supplementary Guidance. 
26 The principal relevant policies are, in summary; 
• Policy 1A: Placemaking
• Policy 1B: Placemaking
• Policy 2: Design Statements
• Policy 5: Infrastructure Contributions
• Policy 15: Public Access
• Policy 17: Residential Areas
• Policy 27A: Listed Buildings
• Policy 28A: Conservation Areas - New Development
• Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and
Development
• Policy 41: Biodiversity
• Policy 47: River Tay Catchment Area
• Policy 52: New Development and Flooding
• Policy 53C: Water Environment and Drainage: Surface Water Drainage
• Policy 56: Noise Pollution
• Policy 58B: Contaminated and Unstable Land: Unstable Land
• Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals 
Statutory Supplementary Guidance 
27 • Supplementary Guidance - Developer Contributions & Affordable Housing
(adopted in 2023)
• Supplementary Guidance - Flood Risk and Flood Risk Assessments
(adopted in 2021)
• Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020)
• Supplementary Guidance - Placemaking (adopted in 2020) 
PKC NON STATUTORY GUIDANCE 
28 • Planning Guidance - Planning & Biodiversity
• Conservation areas 
NATIONAL GUIDANCE 
29 The Scottish Government expresses its planning policies through Planning
Advise Notes, Creating Places, Designing Streets, National Roads Development
Guide and a series of Circulars in addition to NPF4. 
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Planning Advice Notes 
30 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 
31 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 
32 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 
33 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 
34 As part of the planning application process the following bodies were consulted: 
External 
35 Aberfeldy Community Council - Object due to over-development of the site
and the over-provision of holiday accommodation in the area when additional
housing stock is required.  Also raise concerns over associated noise and traffic
considerations 
36 Perth and Kinross Heritage Trust - Standing building survey required prior to
commencement of development. 
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37 Scottish Water - No objection. Capacity for water supply and waste water
treatment. 
Internal 
38 Structures and Flooding - No objection. 
39 Transportation and Development - Condition requested with regard to visibility
splays and street lighting. 
40 Commercial Waste Team - Proposed bin stores are sufficient. 
41 Environmental Health (Noise Odour) - As the development is for a holiday
accommodation units, there is the potential for noise from the users of the
properties to affect neighbouring residential properties, however due to the
introduction of Civic Government (Scotland) Act 1982 (Licensing of Short-term
Lets) Order 2022, these will be required to be licensed and noise conditions will
form part of the licence. Informative note requested. 
42 Development Contributions Officer - No comments to make on this proposal in
terms of the Developer Contributions and Affordable Housing Supplementary
Guidance. 
43 Biodiversity/Tree Officer - No objection following provision of further
information required with regard to trees, and subject to conditions. 
REPRESENTATIONS 
44 2 representations were received including one from the Community Council. 
45 The main issues raised within the representations are: 
• Over development of the site – 8 units is too many in comparison to
previous approval of 5 residential units/flats
• No requirement for additional holiday/short-term lets in the area
• Potential noise and traffic issues
• Design – black timber cladding is not appropriate 
• Bin/bike store is visually intrusive
• Work is already underway – this is not a material consideration.  It is
understood that some remedial work to make the building wind and
watertight was undertaken. 
46 These issues, with the exception of the last bullet point, are addressed in the
Appraisal section of the report. 
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ADDITIONAL STATEMENTS 
47 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
Bat survey and tree survey
submitted 
APPRAISAL 
48 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. 
49 In this instance, section 14(2) of the Planning (Listed Buildings and Conservation
Areas) (Scotland) Act 1997 places a duty on planning authorities in determining
such an application as this to have special regard to the desirability of preserving
the building or its setting or any features of special architectural or historic
interest which it possesses.  Section 64(1) of the Planning (Listed Buildings and
Conservation Areas) (Scotland) Act 1997 is relevant and requires planning
authorities to pay special attention to the desirability of preserving or enhancing
the character or appearance of the designated conservation area. 
Principle 
50 The proposal relates to a listed building within the Aberfeldy Conservation Area. 
Policy 7: Historic Assets and Places of NPF4 and 27A: Listed Buildings of the
Local Development Plan seeks to ensure that any proposal that affects a listed
building or its setting should be appropriate to its character, appearance and
setting.  Policy 28A (conservation areas) of the LDP requires development in a
Conservation Area to preserve or enhance its character or appearance.  
Placemaking policies 1A and 1B and Policy 17: Residential Areas of the LDP is
also relevant.  These policies support proposals that contribute positively to the
built and natural environment, are compatible with surrounding uses and do not
have an adverse impact on the amenity of others.   
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51 NPF4 Policy 30(e): Tourism, is relevant to this proposal. This states that
development proposals for the reuse of existing buildings for short term holiday
letting will not be supported where the proposal will result in: 
i. An unacceptable impact on local amenity or the character of a
neighbourhood or area; or
ii. The loss of residential accommodation where such loss is not
outweighed by demonstrable local economic benefits. 
52 There has been an objection from Aberfeldy Community Council due to the
primary use of the property being for holiday/short term lets.  They also consider
that further long-term residential accommodation is required in the area.   
53 The building is not currently in use as permanent residential accommodation so
criterion ii of (e) is not relevant.  There will not be any loss of residential
accommodation.  Whilst the previous approval was for residential flats the
current owner has concluded that the only viable option for the building is for
serviced apartments, not for permanent residential accommodation.  Therefore
the planning authority must consider the wider merits of that proposal. 
54 Criterion (i) of NPF4 Policy 30(e), will not support proposals where there is an
unacceptable impact on local amenity or the character of a neighbourhood or
area.  The site is on the edge of Aberfeldy on a main road with residential
properties on three sides.  Whilst there will be an increase in footfall and
movements associated with the property, this is unlikely to impact on the
character or amenity of the area so long as good management practices are in
place.  The former use as an outdoor centre would have generated a certain
amount of activity at the site.  It is not anticipated that the activity associated with
8 apartments will be any greater and as such would not adversely impact the
amenity or character of the area. 
55 The proposal accords in principle with NPF4 Policy 30(e): Tourism, and the intent
of NPF4, and LDP2 Policies 1A Placemaking and Policy 17: Residential Areas. 
56 The principle of refurbishment and re-use of a historic building in the
conservation is also supported by policies 7 of NPF4 and 27A and 28A of LDP2. 
Design, Layout and Visual Amenity 
57 The proposal includes repair of the existing boundary walls which form part of the
listing.  The original entrance into the house will be brought back into use as the
main entrance into the property with each apartment entered independently from
the existing stairwell. 
58 The external structure and finishes of Dunolly House are to be retained and the
building will be upgraded internally to retain its original exterior finishes and
appearance.  Necessary vent infrastructure such as flues, are to be brought into
less visible locations or through the main roof.  The structure of the existing
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extension will also be retained, with most existing window and door openings
filled in, and new openings introduced to meet technical standards.  The
extension roof is to be stripped, including the existing dormers, and a new roof
finish of single ply membrane installed.  The extension will be clad in timber. 
59 The existing windows are proposed to be retained.  However these are uPVC
and whilst installed around 20 years ago they are unauthorised as the building is
Listed.  The applicant has agreed that in the long term the windows will be
replaced with traditional timber sash and case windows when replacing windows
in the future.  In the interim the existing windows are to be painted black to
reduce their visual prominence.   
60 As a means to restoring traditional windows in the property the existing French
doors are to be changed to bipartite timber double sash and case and reinstate
the stonework to match. 2 bipartite windows in the other ground floor principal
rooms will also be installed to match. The intact windows removed will be reused
to replace the fire exit doors at higher level. 
61 The visual setting of the house will be improved with the original drive and the
paths would be reinstated with a porous resin gravel.  The lawn and stepped
terrace will be reinstated to the west down to the parking area which would be
created with grass grids to be a continuation of the lawn. 
62 The property has been unoccupied for over 7 years and its condition has
deteriorated. This proposal will enable a new use to be found for the building and
for the restoration of a historic asset, at a key location at the edge of Aberfeldy. 
63 The proposal is considered to accord with Placemaking and Design policies,
Placemaking 1B of the LDP and Policy 14, Design of NPF4. 
Landscape 
64 The site contains a number of mature trees.  A revised tree survey has been
submitted to update the 2016 report previously approved.  Twenty-three trees
have been surveyed within and immediately adjacent to the site.  One beech tree
has been removed since the last survey was undertaken in 2016.   
65 The trees are of variable quality and age. The dominant species is Douglas Fir,
and the main arboricultural features includes a line of these at the northern site
boundary and a large prominent Lime with spreading crown at the south
boundary. There are also mature trees at the entrance to site from Taybridge
Drive. Overall the tree cover is of noted in the report to be of good quality with
around 60% of the trees surveyed assessed as category A and B category (BS
5837: 2012).  The report includes recommendations for remedial arboricultural
work to some of the trees and removal of others due to their poor quality. It is
suggested that a further 3 trees could also be removed to benefit better quality
trees in the line of Douglas Fir. 
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66 A tree constraints plan and suggested tree protection measures are set out in the
Tree Survey.  Any tree loss should be subject to compensatory planting.  A condition
to require a detailed landscaping plan will be attached (Condition 11). 
67 The main concern regarding the proposals is with the proposed new access and
parking arrangements at the west of the site.  Lime tree (No.974) is a particularly
prominent tree with significant amenity value on Kenmore Road.  The report
states that works should avoid reducing ground levels within the RPA of this and
other trees.  Where minor increases in levels is required a cellular confinement
system such as ‘cellweb’ is proposed. 
68 The report recommends that an Arboricultural Method Statement (AMS) will be
required for areas where construction within the RPAs is unavoidable.  The AMS will
detail special mitigation construction measures and procedures that will minimise
damage to tree roots and the surrounding soil and should be supported with a Tree
Protection Plan, detailing the alignment of tree protective fencing. 
69 Subject to conditions relating to tree protection, adherence to the tree survey
report and submission of a landscaping plan the proposal is considered to be in
accordance with policy 6: Forestry, woodland and trees of NPF4 and policy 40B
Trees, Woodland and Development of the LDP (Conditions 11-15). 
Residential Amenity 
70 NPF4 Policy 14: Design, Quality and Place and LDP2 Policies 1A:
Placemaking, and 17: Residential Areas supports proposals that are compatible
with existing uses, the amenity and character of the surrounding area, and
consistent with the six qualities of successful places.  Policy 56, Noise Pollution,
does not support the siting of activities that generate high levels of noise
alongside noise sensitive uses.  It is acknowledged that short term lets can
result in additional levels of disturbance and noise concerns, and that the
primary avenue to regulate such matters is via the separate licensing regime. 
71 In this instance, there is the potential for noise from the users of the properties to
affect neighbouring residential properties. The introduction of Civic Government
(Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 requires these to
be licensed and noise conditions will form part of the Licence. 
72 The previous use of the property was as an outdoor recreation centre.  The
proposed use will bring people to the site for short term periods and the impact of
this new use is unlikely to be significantly different to the buildings past use.
Although the building has been empty for some time it is considered that the
proposed use as a short-term let is compatible with the established character and
is unlikely to increase noise and disturbance to a harmful extent. 
73 There is one residential property (Dunolly Cottage) close to the site where there
had previously been concern about the potential for overlooking from the north
elevation of Dunolly House.  The previous permission included re-building this
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elevation and installation of a roof terrace.  This current application keeps the
existing extension and re-clads it.    There are 2 small bedroom windows and a
living room window at ground floor and 3 small bedroom windows at mezzanine
level.  These openings are similar to those already in place and would not have
any additional impact on residential amenity of neighbours. 
74 The proposal accords with the intent of NPF4 Policy 14(c): Design, Quality and
Place and LDP2 Policies 1A and 1B, Placemaking and 17: Residential Areas, in
respect of residential amenity. It also accords with Policy 56, Noise Pollution, of
LDP2. 
Roads and Access 
75 The site is served by an existing vehicular access on to Taybridge Road.  This
will be used for pedestrian, cycle and disabled access with cycle parking and
disabled parking indicated on the plans. 
76 A new vehicle access is proposed onto Kenmore Road across a public footway.
Transportation and Development has been consulted and advises that the
applicant will be required to demonstrate that the vehicle access is constructed in
accordance with Perth and Kinross Council’s roads development guide, and that
appropriate visibility splays can be achieved and maintained. A condition is
recommended to ensure that visibility splays are achieved and maintained in
accordance with the speed limit of the road (Condition 17). 
77 Parking provision is adequate. A total of 15 car parking bays are proposed, which
includes 2 disabled bays. A cycle shed with 10 spaces in a waterproof lockable
unit is also proposed.  An objection to the appearance of this has been received. 
However the structure is of low profile and clad in timber.  This is an
improvement on the previous permission that had proposed a Perspex cycle
shelter. 
78 Transportation and Development also advise that the existing underground street
lighting cable will need to be lowered to a depth of 350mm under proposed
vehicle access extents on Kenmore Road and recommend a condition to ensure
these works are undertaken (Condition 18). 
79 The site is within Aberfeldy with easy access including by foot and by cycle to
local facilities including public transport.   
80 Subject to conditional control the proposal satisfies policy 13, Sustainable
Transport, of NPF4 and policy 60B of LDP2.   
Drainage and Flooding 
81 The use proposed falls under SEPA’s ‘Highly Vulnerable Uses’, there is no
change based on the redevelopment.
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82 The Design Statement states that the original drive and the paths would
be reinstated with a porous resin gravel. The lawn and stepped terrace
will be reinstated to the west down to the parking area which would be
created with grass grids to be a continuation of the lawn. Whilst the
hardstanding areas have not been explicitly stated these are noted as
being in line with general replacement. The materials of gravel and grass
grids are in keeping with sustainable drainage. 
83 The SEPA flood maps show the location of the River Tay which bounds
the site to the north west. The river is confined in this area and the low
likelihood scenario does not enter the site boundary. The future flood map
river medium likelihood follows the same extent. Therefore according to
the SEPA flood maps the site is not expected to be at risk for the 200yr
event in 2080.  Flooding and Structures have been consulted, and do not
object to the proposals. 
84 The SEPA flood maps a small path of surface flood water, flowing towards
the Tay.  No change is proposed to this area and the natural flow path is
maintained. 
85 There are therefore no concerns with the proposals in terms of flood risk
or drainage and the proposals are in accordance with policy 22: Flood risk
and water management of NPF4 and policy 53C; Surface Water Drainage
of the LDP. 
Waste Collection 
86 The Council’s commercial waste team has reviewed the proposals and states
that the proposed bin stores are sufficient. 
Conservation Considerations 
87 Policy 7 of NPF4 and Policy 28A of LDP2 share an aim to enhance and preserve
the character and appearance of Conservation Areas.  The proposals will see the
restoration of a historic asset.  The building has been altered in the past in
particular with the installation of uPVC windows which impacts on its character. 
As discussed above the longer term aim is to replace the windows with timber
sash and case.  A condition will be attached highlighting that the existing
windows are unauthorised and not approved by this permission (Condition 10). 
Conditions with regard to retention of historic features, finishes of external works,
restriction of external plumbing, pipe work, lighting installations etc will also be
added to protect the special character of the listed building (Conditions 6 - 9).
Perth and Kinross Heritage Trust has also requested a standing building survey
be undertaken prior to work commencing (Condition 4).   
88 Subject to implementation of conditions the proposal is in accordance with Policy
7, Historic assets and places of NPF4 and Policy 27A Listed Buildings and 28A
Conservation Areas of LDP2.
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Natural Heritage and Biodiversity 
89 Policy NPF3, Biodiversity and policy 41 of the LDP both seek to protect and
enhance all wildlife and habitats, whether formally designated or not, considering
natural processes in the area. Planning permission will not be granted for
development likely to have an adverse effect on protected species unless clear
evidence can be provided that the ecological impacts can be satisfactorily
mitigated. 
90 A Preliminary Roost Assessment and Bat Survey Report has been submitted. It
is understood that NatureScot has already issued a derogation licence for the site
due to presence of bat roost. All recommendations and mitigation measures
contained in the submitted Preliminary Roost Assessment and Bat Survey Report
and any licence conditions must be adhered to in full (Condition 19). 
91 Existing buildings or structures may contain nesting birds between 1st March and
31st August inclusive. Informative notes will be added to highlight this. 
92 NPF4 requires local planning applications to include appropriate measures for
biodiversity enhancement that are proportionate to the nature and scale of the
development. No biodiversity enhancement measures have been provided,
therefore it is proposed to condition these. 
93 A condition was previously attached requiring at least four swift nesting boxes or
bricks to be added to the completed development to enhance local biodiversity.
Swifts are a Tayside Local Biodiversity Action Plan and Scottish Government
priority species, protected under the Environmental Liability Directive and as an
amber rated species, are noted on the Scottish Biodiversity List as in decline with
Conservation Action required. This development can positively contribute
towards swift conservation by incorporating swift nesting boxes or bricks into the
building (Condition 20). 
Developer Contributions 
94 The Developer Contributions Guidance is not applicable to this application and
therefore no contributions are required in this instance. 
Economic Impact 
95 The economic impact of the proposal is likely to be limited to guest expenditure in
the local economy and construction works required to convert the building. 
VARIATION OF APPLICATION UNDER SECTION 32 
96 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 elevational details and
submission of an up to date tree survey.
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PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
97 None required. 
DIRECTION BY SCOTTISH MINISTERS 
98 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 
99 To conclude, the application must be determined in accordance with the
Development Plan unless material considerations indicate otherwise. In this
respect, the proposal is considered to comply with NPF4, and the adopted Local
Development Plan 2 (2019).  Account has been taken account of the relevant
material considerations and none has been found that would justify overriding the
Development Plan.  Accordingly the proposal is recommended for approval
subject to the following conditions. 
RECOMMENDATION   
Approve the application subject to the following conditions: 
Conditions and Reasons for Recommendation 
1. 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 development hereby approved shall be used solely for short term
accommodation and shall not be occupied as the sole or main residence of any
occupant. 
Reason - In order to clarify the terms of the permission; to control and restrict the
use of the building.
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4. Development shall not commence until the developer has secured an
archaeological standing building survey, to be carried out by an independent and
suitably qualified archaeological organisation.  The scope of the archaeological
standing building survey will be set by the Council as Planning Authority, in
consultation with Perth and Kinross Heritage Trust.  The name of archaeological
organisation retained by the developer shall be given to the Council as Planning
Authority and PKHT in writing not less than fourteen days before the
commencement date provided in the Notice of Initiation of Development.  Copies
of the resulting survey shall be deposited in the National Record of the Historic
Environment and in the Perth and Kinross Historic Environment Record upon
completion of the survey. 
Reason - To ensure an appropriate archaeological standing building survey is
carried out and the resulting survey is recorded properly. 
5. 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 residential amenity; to ensure a satisfactory standard
of local environmental quality. 
6. Any hidden historic features which are revealed during the course of works shall
be retained in situ, and any work(s) which may adversely affect the feature shall
be suspended and the Council as Planning Authority notified immediately. Prior
to the recommencement of such works, details of a scheme for the retention
and/or proper recording of the feature shall be submitted to, and approved in
writing by, the Council as Planning Authority. 
Reason - In the interests of protecting the special character of the Listed building. 
7. All new external and internal works and finishes and works of making good the
retained fabric, shall match the existing adjacent work with regard to the methods
used and to material, colour, texture and profile, unless shown otherwise on the
drawings or other documentation hereby approved or required by any
condition(s) attached to this consent. 
Reason - In the interests of protecting the special character of the Listed
Building. 
8. No new plumbing, pipes, soil stacks, flues, vents or ductwork shall be fixed on
the external faces of the building unless shown on the drawings hereby
approved. 
Reason - In the interests of protecting the special character of the Listed
Building.
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9. No new grilles, security alarms, lighting, cameras or other equipment shall be
fixed on the external faces of the building unless shown on the drawings hereby
approved. 
Reason - In the interests of protecting the special character of the Listed
Building. 
10. Notwithstanding the details shown on the drawings hereby approved, no
permission is granted for the existing uPVC windows, which remain
unauthorised. 
Reason - In the interests of protecting the special character of the Listed
Building. 
11. 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 - To ensure a satisfactory standard of development and environmental
quality and to reserve the rights of the Planning Authority. 
12. The conclusions and recommended action points within the supporting Tree
Survey and Arboricultural Report dated September 2024 submitted and hereby
approved (document(s) document no. 41 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 a satisfactory standard of development and environmental
quality and to reserve the rights of the Planning Authority. 
13. All trees on site, other than those marked for felling on the approved plans, shall
be retained. 
Reason - To ensure a satisfactory standard of development and environmental
quality and to reserve the rights of the Planning Authority. 
14. All trees identified for retention and any peripheral trees bounding the site, which
may be affected by any element of the approved development and its associated
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construction, (including land within the blue site area) shall be protected in full
accordance with BS 5837: 2012 'Trees in relation to design, demolition and
construction'. 
Approved Tree Protection measures shall not be removed breached or altered
without prior written authorisation from the local Planning Authority but shall
remain in a functional condition throughout the entire development or as per the
phasing plan.  If such protection measures are damaged beyond effective
functioning then works that may compromise the protection of trees shall cease
until the protection can be repaired or replaced with a specification that shall
provide a similar degree of protection. 
Reason - To ensure a satisfactory standard of development and environmental
quality and to reserve the rights of the Planning Authority. 
15. Prior to the commencement of development a pre-start meeting shall be held
with Perth & Kinross Council Enforcement Officer (Trees), and the applicant
project manager, arboriculturalist and ground works contractor to examine tree
protection measures, and that they accord with standard requirements (fencing /
no dig construction etc), position of proposed services/drainage to the site and
site storage facilities.  The measures as agreed shall be fully implemented as
part of the planning permission. 
Reason - To ensure a satisfactory standard of development and environmental
quality and to reserve the rights of the Planning Authority. 
16. Prior to the development hereby approved being completed or brought into use,
the vehicular access shall be formed in accordance with Perth & Kinross
Council's Road Development Guide Type B Figure 5.6 access detail, of Type A
Road construction detail.  The Type A Road construction detail shall continue
into the entrance for a distance of 3 metres from the boundary of the public road
surface. 
Reason - In the interests of road safety; to ensure an acceptable standard of
construction within the public road boundary. 
17. Prior to the commencement of the development hereby approved, full visibility
splays of 43 metres along the channel line shall be provided to the left and right
of the access, at a set-back of 2.4 metres measured 1.05m above the road level
to the standard and specification required by the Council as Roads Authority to
the satisfaction of the Planning Authority.  The visibility splays shall be physically
formed on the ground and any existing fences, walls, hedges, trees, 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. 
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Reason - In the interests of road safety; to ensure an acceptable standard of
construction within the public road boundary. 
18. Prior to the development hereby approved being completed or brought into use,
the existing underground street lighting cable in the footway shall be lowered to a
depth of 350mm under extents of proposed vehicle access. 
Reason - In the interests of road safety 
19. The conclusions and recommended action points within the supporting
biodiversity survey submitted and hereby approved (Preliminary Roost
Assessment and Bat Survey document 27 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). 
20. Prior to the completion or occupation of the building(s) hereby approved,
whichever is the earlier, 15 swift nesting boxes or bricks shall be provided on the
site.  Thereafter, the agreed scheme shall be maintained in a reasonable
condition for the life of the development, to the satisfaction of the Council as
Planning Authority. 
Reason - In the interests of protecting environmental quality and of biodiversity. 
Justification 
The proposal is in accordance with the Development Plan and there are no
material reasons which justify departing from the Development Plan. 
Procedural Notes 
None. 
Informatives 
1. Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as
amended) the person undertaking the development is required to give the
Planning Authority prior written notification of the date on which it is intended to
commence the development.  A failure to comply with this statutory requirement
would constitute a breach of planning control under Section 123(1) of that Act,
which may result in enforcement action being taken.  Please use the form
attached herewith. 
2. As soon as practicable after the development is complete, the person who
completes the development is obliged by Section 27B of the Town and Country
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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 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. 
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. 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. The applicant is advised that under The Civic Government (Scotland) Act 1982
(Licensing of Short-term Lets) Order 2022, a licence is required to operate a
short-term let. More information can be found at
https://www.pkc.gov.uk/shorttermlets 
9. The applicant should take note of the information and advice contained within the
consultation response from Scottish Water. 
10. 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 
11. 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 elevational details and
submission of an up to date tree survey.
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Background Papers:  2 letters of representation 
Contact Officer:   Persephone Beer 
Date:     27 September 2024 
DAVID LITTLEJOHN
STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING 
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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. 24/281) 
PROPOSAL: Alterations to dwellinghouse (in retrospect) 
LOCATION: 35 Simpson Wynd Kinross KY13 8GP 
Ref. No: 24/01115/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. 
BACKGROUND AND DESCRIPTION OF PROPOSAL 
1 35 Simpson Wynd is a two-storey detached dwellinghouse which is located
within a modern residential development in Kinross. Although the house itself is a
modern construction, it is located within the Kinross Conservation Area. Detailed
planning permission is sought for alterations, to convert the existing integral
garage into habitable accommodation. 
2 This type of alteration would usually benefit from permitted development rights,
and not require an application for planning permission. In this case an application
is required because of its location within the conservation area. It has become
evident throughout the course of the application that the physical alterations have
already been carried out. Therefore, the application is submitted in retrospect. 
3 Concerns have also been raised that the property is being used as a short-term
commercial let and as basis for touring holidays.  It is necessary to emphasise
that this application only covers the physical alterations to the domestic garage
and not a change of use from a residential dwellinghouse. 
4 The Development Management Enforcement Officer has carried out
investigations in light of the representations and has established that a material
change of use has occurred, albeit, not as part of this retrospective proposal for
physical alterations. The applicant has confirmed that the property is currently up
for sale and that they will cease the operation by the end of October.   
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SITE HISTORY 
5 24/00935/LAW - Alteration to dwellinghouse (proposed).  This application was
Withdrawn On 19 July 2024 as a planning permission was required. 
PRE-APPLICATION CONSULTATION 
6 Pre application Reference: Not requested.  
7 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 
8 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 
9 The National Planning Framework 4 (NPF4) is the Scottish Government’s
long-term spatial strategy with a comprehensive set of national planning policies. 
This strategy sets out how to improve peoples lives by making sustainable,
liveable and productive spaces.  NPF4 has an increased status over previous
NPFs and comprises part of the statutory development plan. The Council’s
assessment of this application has considered the following policies of NPF4: 
• Policy 7: Historic Assets and Places
• Policy 14: Design, Quality and Place
• Policy 16: Quality Homes 
Perth and Kinross Local Development Plan 2019 
10 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the
area and states that, “Our vision is of a Perth and Kinross which is dynamic,
attractive and effective which protects its assets whilst welcoming population and
economic growth.” It is the most recent statement of Council policy and is
augmented by Supplementary Guidance. The principal relevant policies are, in
summary; 
• Policy 1A: Placemaking
• Policy 1B: Placemaking
• Policy 17: Residential Areas
• Policy 28A: Conservation Areas: New Development 
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Statutory Supplementary Guidance 
11 • Supplementary Guidance - Placemaking (adopted in 2020) 
NATIONAL GUIDANCE 
12 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 
13 The following Scottish Government Planning Advice Notes (PANs) and Guidance
Documents are of relevance to the proposal: 
• PAN 40 Development Management 
Creating Places 2013 
14 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 
15 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 
16 This document supports Designing Streets and expands on its principles and is
the technical advice that should be followed in designing and approving of all
streets including parking provision. 
CONSULTATIONS 
17 As part of the planning application process the following bodies were consulted: 
External 
18 Scottish Water - No objections – informative note recommended. 
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REPRESENTATIONS 
19 Twenty letters of representation were received, including one from Kinross
Community Council. The main issues raised within the representations are: 
• The use of the property as a commercial business/short term let would
contravene the Deed of Conditions.
• Inappropriate land use
• Lack or loss of car parking.
• Out of character with the area
• Contrary to Development Plan
• Retrospective nature of the proposal 
The alterations have already been carried out. However, the Town and Country
Planning (Scotland) Act 1997, as amended, does allow for the submission of
retrospective applications to regularise unauthorised development.  The Deed of
Conditions is not relevant to the consideration of a planning application. As noted
above, no change of use is proposed within this application. It is anticipated that
a separate application for Change of use will be submitted, should the applicant
wish to operate as anything other than a domestic dwellinghouse. All other
issues are addressed in the appraisal section of the report. 
ADDITIONAL STATEMENTS 
20 Screening Opinion EIA Not Required 
Environmental Impact Assessment (EIA):
Environmental Report
Not Applicable 
Appropriate Assessment Habitats Regulations –
AA Not Required 
Design and Access Statement Not Required 
Report on Impact or Potential Impact eg
Flood Risk Assessment
Not Required 
APPRAISAL 
21 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. 
22 Section 64(1) of the Planning (Listed Buildings and Conservation Areas)
(Scotland) Act 1997 is relevant and requires planning authorities to pay special
attention to the desirability of preserving or enhancing the character or
appearance of the designated conservation area. 
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Principle 
23 Alterations which are incidental to an existing domestic dwellinghouse are
generally considered to be acceptable in principle. Nevertheless, consideration
must be given to the specific details of the proposed development, within the
context of the application site, and whether it would have an adverse impact
upon visual or residential amenity or the character and appearance of the
conservation area. 
Design and Layout 
24 The retrospectively proposed alterations to the principal elevation are minor in
nature. They retain the same opening width as the existing garage door, whilst
building up the opening to a sill height similar to the adjacent ground floor
window. The alterations utilise brickwork and white upvc windows, to match the
external finishing materials of the existing house. It is noted within a letter of
representation that the alterations are similar to many that have already carried
out elsewhere within the same development. 
Visual Amenity 
25 The design, detailing and external finishing materials of the proposed
development are all sympathetic to the existing house and surrounding built
environment. Therefore, the proposed alterations comply with Policies 14 and
16(g) of National Planning Framework 4 2023, Policies 1A, 1B(c) and 17 of Perth
and Kinross Local Development Plan 2 2019 and Perth & Kinross Council’s
Placemaking Guide 2020, which seek to ensure that development contributes
positively to the quality of the surrounding built environment in order to respect
the character and amenity of the place. 
Conservation Considerations 
26 The retrospectively proposed alterations to the modern dwellinghouse do not
have any adverse impacts upon the character and appearance of the Kinross
Conservation Area. Therefore, the proposed alterations comply with Policy 7(d)
of National Planning Framework 4 2023, Policy 28A of Perth and Kinross Local
Development Plan 2 2019 and Perth & Kinross Council’s Placemaking Guide
2020, which seek to ensure that the character and appearance of the
conservation area are not adversely affected. 
Residential Amenity 
27 The physical alterations do not adversely impact the residential amenity of
neighbouring properties. Therefore, the proposed alterations comply with Policies
14 and 16(g) of National Planning Framework 4 2023, Policies 1A, 1B(c) and 17
of Perth and Kinross Local Development Plan 2 2019 and Perth & Kinross
Council’s Placemaking Guide 2020, which seek to protect, and where possible
improve, existing residential amenity.
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Parking 
28 One parking space within the integral garage would be lost as a result of the
proposed development. However, two parking spaces on the existing driveway
would be retained, with the capability of forming a further parking space to the left
of the domestic footpath, should the need for additional parking within the site
arise. This level of parking is sufficient for the satisfactory function of the
dwellinghouse. 
Drainage and Flooding 
29 There are no significant drainage or flooding implications associated with this
proposed development. However, the applicant’s attention should be brought to
the advice provided by Scottish Water. This can be adequately secured by
including an informative note on the decision notice. 
Developer Contributions 
30 The Developer Contributions Guidance is not applicable to this application and
therefore no contributions are required in this instance. 
Economic Impact 
31 The economic impact of the proposal is likely to be minimal and limited to the
construction phase of the development. 
VARIATION OF APPLICATION UNDER SECTION 32A 
32 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 include the specification of
materials. 
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
33 None required. 
DIRECTION BY SCOTTISH MINISTERS 
34 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 
35 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   
Conditions are not required as the works have been completed. 
Justification 
The proposal is in accordance with the Development Plan and there are no
material reasons which justify departing from the Development Plan. 
Informative Notes 
1. 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 include the specification of
materials. 
2. A building warrant will be required. 
3. The applicant should take note of the information and advice contained within the
consultation response from Scottish Water. 
Background Papers:  20 letters of representation 
Contact Officer:   Keith Stirton 
Date:    27 September 2024 
DAVID LITTLEJOHN
STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING 
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5(1)(iv)
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Perth and Kinross Council
Planning and Placemaking Committee – 9 October 2024
Pre-Application Report by Strategic Lead: Economy, Development & Planning
(Report No. 24/282) 
PROPOSAL: Formation of a 22MW solar farm comprising ground mounted
solar arrays, inverters, 2 substations, compound, vehicular
access and access tracks, security fencing, CCTV cameras,
and associated works. 
LOCATION: Land 320 Metres North West of Peattie Farm, Kinnochtry,
Coupar Angus, Blairgowrie, PH13 9LH 
Ref. No: 24/00007/PAN 
Ward No: P2- Strathmore 
Summary 
This report is to inform the Committee of a potential forthcoming planning
application in respect of a major development for the formation of a 22MW solar
farm comprising ground mounted solar arrays, inverters, 2 substations, compound,
vehicular access and access tracks, security fencing, CCTV cameras, and
associated works on land 320 Metres North West of Peattie Farm, Kinnochtry,
Coupar Angus, Blairgowrie, PH13 9LH. The report also aims to highlight the key
planning policies and the likely stakeholders who would be involved in the decision
making process, and to offer a brief overview of the key planning issues which are
likely to be relevant to the proposal. 
BACKGROUND AND DESCRIPTION 
1. In accordance with the provisions of the Town & Country Planning (Scotland)
Act 1997 (as amended), the applicants submitted a Proposal of Application
Notice (PoAN) on 7 August 2024. The purpose of this report is to inform the
Planning and Placemaking Committee of a forthcoming planning application in
respect of a major development for formation of a 22MW solar farm
comprising ground mounted solar arrays, inverters, 2 substations, compound,
vehicular access and access tracks, security fencing, CCTV cameras, and
associated works.  Pre-application reports give the Committee an opportunity
to raise issues which it would like to see addressed in the planning
application. 
2. This PoAN seeks to formally establish a major development. The exact range
of uses, scale and design of the development will be arrived at during pre-
application discussions. 
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ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 
3. Due to the scale of the proposal, it will require to be screened as to whether
the proposal is an EIA development under the EIA 2017 Regulations. A
screening request is required to be submitted by the applicant.  It is noted that
a screening opinion has already been provided reference 23/01998/SCRN
and is not subject to EIA. 
PRE-APPLICATION PROCESS 
4. The PoAN (reference 24/00007/PAN) confirmed that two public exhibitions
will be held at Kettins Community Hub, School Road, Kettins, PH13 9JL. The
Ward Councillors, MP, MSP, Kettins Community Council, and Burrelton and
District Community Council have been notified. The results of the community
consultation will be submitted with the planning application as part of the
required Pre-Application Consultation (PAC) Report. 
DEVELOPMENT PLAN 
5. The Development Plan for the area comprises National Planning Framework
4 (NPF4) and the Perth and Kinross Local Development Plan 2 (2019)
(LDP2). 
National Planning Framework 4 
6. The National Planning Framework 4 (NPF4) is the Scottish Government’s
long-term spatial strategy with a comprehensive set of national planning
policies.  This strategy sets out how to improve people’s lives by making
sustainable, liveable and productive spaces.   
7. NPF4 was adopted on 13 February 2023. NPF4 has an increased status over
previous NPFs and comprises part of the statutory development plan. 
8. The Council’s assessment of this application has considered the following
policies of NPF4: 
• Policy 1: Tackling the Climate and Nature Crisis 
• Policy 2: Climate Mitigation and Adaptation
• Policy 3: Biodiversity 
• Policy 4: Natural Places 
• Policy 5: Soils
• Policy 6: Forestry, Woodland and Trees
• Policy 7: Historic Assets and Places 
• Policy 11: Energy
• Policy 13: Sustainable Transport
• Policy 14: Design, Quality and Place 
• Policy 18: Infrastructure First
• Policy 20: Blue and Green Infrastructure 
• Policy 22: Flood Risk and Water Management
• Policy 23: Health and Safety 
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Perth and Kinross Local Development Plan 2019 
9. The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for
the area and states that, “Our vision is of a Perth and Kinross which is
dynamic, attractive and effective which protects its assets whilst welcoming
population and economic growth.” It is the most recent statement of Council
policy and is augmented by Supplementary Guidance. 
The principal relevant policies are, in summary; 
• Policy 1A: Placemaking 
• Policy 1B: Placemaking
• Policy 1C: Placemaking 
• Policy 2: Design Statements  
• Policy 5: Infrastructure Contributions
• Policy 6: Settlement Boundaries 
• Policy 26A: Scheduled Monuments and Archaeology: Scheduled
Monuments
• Policy 26B: Scheduled Monuments and Archaeology: Archaeology
• Policy 27A: Listed Buildings
• Policy 31: Other Historic Environment Assets
• Policy 33A: Renewable and Low Carbon Energy: New Proposals for
Renewable and Low-Carbon Energy
• Policy 39: Landscape 
• Policy 40A: Forestry, Woodland and Trees: Forest and Woodland
Strategy
• Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and
Development
• Policy 41: Biodiversity 
• Policy 42: Green Infrastructure 
• Policy 47: River Tay Catchment Area
• Policy 50: Prime Agricultural Land 
• Policy 51: Soils
• Policy 52: New Development and Flooding 
• Policy 53C: Water Environment and Drainage: Surface Water Flooding
• Policy 53E: Water Environment and Drainage: Water Supply
• Policy 54: Health and Safety Consultation Zones 
• Policy 55: Nuisance from Artificial Light and Light Pollution
• Policy 56: Noise Pollution 
• Policy 58A: Contaminated and Unstable Land: Contaminated Land
• Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals
• Policy 61: Airfield Safeguarding 
OTHER POLICIES 
10. The following non statutory guidance and documents are of particular
importance in the assessment of this application: 
• Supplementary Guidance - Airfield Safeguarding (adopted in 2020)
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• Supplementary Guidance - Developer Contributions & Affordable Housing
(adopted in 2020)
• Supplementary Guidance - Flood Risk and Flood Risk Assessments
(adopted in 2021)
• Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020)
• Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020)
• Supplementary Guidance - Landscape (adopted in 2020)
• Supplementary Guidance - Placemaking (adopted in 2020)
• Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs
SAC and the River Tay SAC
• Planning Guidance - Planning & Biodiversity
• Supplementary Guidance - Renewable & Low Carbon Energy (draft)
• Perth and Kinross Community Plan 2013/2023
• Perth and Kinross Local Transport Strategy (2010) 
NATIONAL GUIDANCE 
11. The Scottish Government expresses its planning policies and guidance
through the National Planning Framework, Planning Advice Notes, Creating
Places, Designing Streets, National Roads Development Guide and a series
of Circulars.   
Planning Advice Notes 
12. The following Scottish Government Planning Advice Notes are likely to be of
relevance to the proposal: 
• PAN 2/2011 Planning and Archaeology
• PAN 3/2010 Community Engagement
• PAN 51 Planning, Environmental Protection and Regulation
• PAN 60 Natural Heritage
• PAN 61 Planning and Sustainable Urban Drainage Systems
• PAN 73 Rural Diversification
• PAN 75 Planning for Transport 
PLANNING SITE HISTORY 
13. 23/01998/SCRN On 12 January 2024 for 30MW solar photovoltaic electricity
production facility with a 18MW battery energy storage system 
CONSULTATIONS 
14. As part of the planning application process the following would be consulted: 
External 
• Scottish Environment Protection Agency
• NatureScot
• Scottish Water
• Historic Environment Scotland 
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• Health and Safety Executive 
• Perth and Kinross Heritage Trust 
• Kettins Community Council
• Burrelton and District Community Council
• Dundee Airport
• Scottish Fire and Rescue  
Internal 
• Environmental Health (Contaminated Land, Private Water Supply, Noise,
Glint and Glare)
• Development Contributions Officer 
• Transportation and Development
• Structures and Flooding
• Biodiversity 
KEY ISSUES AGAINST WHICH A FUTURE APPLICATION WILL BE
ASSESSED 
15. The key considerations against which the eventual application will be
assessed include: 
a.  Visual Impact 
b.  Scale, Design and Layout 
c.  Relationship to Nearby Land Uses, including cumulative impacts
d.  Natural Heritage and Ecology
e.  Landscape
f.  Water Resources and Soils 
g.  Air Quality  
h.  Transport Implications 
i.  Tourism and Economy 
j.  Impact on Agriculture
k.  Archaeology and Cultural Heritage 
ADDITIONAL STATEMENTS WHICH WILL BE REQUIRED 
16. Should an EIA Report not be required the following supporting documents will
need to be submitted with any planning application: 
• Planning Statement
• Design and Access Statement
• Pre-Application Consultation (PAC) Report
• Leisure/Economic Impact Assessment 
• Transport Assessment
• Flood Risk and Drainage Assessment
• Landscape and Visual Impact Assessment
• Tree and Woodland Survey
• Habitat Survey
• Archaeological Assessment
• Sustainability Assessment
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CONCLUSION AND RECOMMENDATION 
17. This report summarises the key issues which should be considered as part of
the appraisal of any subsequent planning application which may be lodged in
respect of this development and members are recommended to note these
key issues and advise officers of any other issues which they consider should
be included as part of the application and assessment.  
Background Papers: None
Contact Officer:   Kirsty Strong – Ext 01738 475333
Date:   27 September 2024 
DAVID LITTLEJOHN
STRATEGIC LEAD: ECONOMY, DEVELOPMENT & PLANNING 
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6(i)
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