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
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
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 Page 1 of 142
Page 2
Page 2 of 142
Page 3
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 Page 3 of 142
Page 4
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 Page 4 of 142
Page 5
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 Page 5 of 142
Page 6
5. APPLICATIONS FOR DETERMINATION (1) Major Application (i) 23/00592/IPM – Residential development with associated access road, landscaping, SUDS, and associated works (LDP3 Allocated Site - MU27) (in principle), land 170 metres south west of 8 Tayview, Luncarty (Report No. 24/243) Mr Smith introduced the report and advised an update had been circulated to members prior to the meeting, removing the requirement for the direction contained in the report, amended wording for Conditions 1, 3, 9 and the procedural notes. Resolved: Grant, subject to the following terms, direction, conditions and informatives: Conditions General 1. The Development to which this planning permission in principle relates shall be begun not later than 20 years from the date of grant of this permission. Reason - In accordance with the terms of Section 59(2A) of the Town and Country Planning (Scotland) Act 1997 as amended, as there is a material reason indicating a longer period should be set. 2. No works in connection with the development hereby approved shall take place until full details of the siting, design, external appearance and landscaping of the development and the means of access serving the development (hereinafter referred to as the 'Matters Specified in Condition') have been submitted to and approved in writing by the Planning Authority. The specified matters include: (i) a detailed phasing plan, commensurate with the phasing plan agreed as part of the wider MU27 allocation (ii) a detailed levels survey (existing and proposed) and cross sections showing proposed finished ground and floor levels of all buildings forming part of the development phase, relative to existing ground levels and a fixed datum point; (iii) the siting, design, height and external materials of all buildings or structures; (iv) the details of all roads, footpaths, cycleways, core path connections throughout the development, and connecting to existing infrastructure; (v) details of any screen walls/fencing to be provided (including any acoustic barriers); Page 6 of 142
Page 7
(vi) measures to maximise environmental sustainability through design, orientation and planting or any other means; (vi) details of all landscaping, structure planting and screening associated with the development of each site and incorporating suitable landscape buffers to define the settlement edge and mitigate visual impacts of built form; (vii) the lighting of all streets and footpaths; (viii) the layout of any play areas and the equipment to be installed; (ix) full details of the proposed means of disposal of foul, surface and roads water from the development; (x) details of car charging points to be provided within the development; and (xi) A minimum 40% of dwellings shall incorporate swift bricks and bat roost bricks at eaves height. Reason - This is a Planning Permission in Principle under Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended by Section 21 of The Planning etc. (Scotland) Act 2006. 3. The submitted masterplan, site layout plan and indicated scale of development of up to 110 dwellinghouses are purely indicative and are hereby not approved. As part of any application for Approval of Matters Specified in Conditions, as set out in Condition 2(i) a phasing strategy for the overall allocation (supported by appropriate plans) shall be submitted to and approved in writing by the Council as Planning Authority. The phasing strategy shall have regard to the requirements of Condition 3 and include and demonstrate the following details: (i) The timing and number of dwellings to be developed in this phase, and how their delivery relates to the development of housing numbers associated to the overall MU27 allocation; (ii) The timing of delivery of infrastructure (including roads/footways and other access requirements associated to the overall MU27 allocation), open space and landscaping. Reason - The application is for planning permission in principle only at this stage and an appropriate level of development, layout and design shall be determined through applications for the Approval of Matters Specified in Conditions. Public Access 4. Any existing right of way or core path within or adjacent to the proposed development shall at all times be protected and remain operational during the construction phases. Reason - In the interest of sustainable transportation. 5. Prior to the commencement of development, a revised Masterplan Strategy Layout shall be submitted to and approved by the Council as Planning Authority, showing a Page 7 of 142
Page 8
link to the non-core path at the m1o cul-de-sac 25-35 Hatton Road. In a form which would improve connectivity and provide a key linkage to the existing nursery and primary school, and also to include more east-west linkages from the developable area to the river core path (LUNC/2). Reason - To ensure that the masterplan strategy is fully in line with the masterplan strategy for application 17/00847/IPM, in accordance with LDP2 allocation MU27. Soils 6. Prior to works commencing on site, a soil re-use and management plan shall be submitted to and approved in writing by the Council as Planning Authority. This Plan will include details of the storage of all soils and their appropriate re-use in future phases. Reason - To protect soils from damage such as erosion or compaction, in accordance with LDP2 Policy 51: Soils and NPF4 Policy 5. Archaeology 7. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of archaeological investigation which has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust. Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented during each phase including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. In addition, the developer shall afford access at all reasonable times to Perth and Kinross Heritage Trust or a nominated representative and shall allow them to observe work in progress. Reason - In the interest of protecting archaeological interest within the site. 8. A noise assessment shall be submitted to demonstrate acceptable internal noise levels of 35 dB within all dwellings taking into account mitigation from any acoustic barriers or other such mitigation proposed. Reason - In the interests of residential amenity. 9. Prior to the commencement of development of each phase an updated Construction Environmental Management Plan (CEMP), including a Dust Management Plan, must be submitted for the approval of the Council as Planning Authority. The measures outlined in the updated CEMP shall be adhered to at all times during the construction period. Reason - In the interests of protecting environmental quality (including private water supplies) and biodiversity; Page 8 of 142
Page 9
to ensure no adverse impact on the River Tay and its Special Area of Conservation designation. 10. The times of construction are limited to Monday to Friday 07.00 to 19.00, Saturday 08.00 to 13.00 with no noise generating work on a Sunday. Reason - In the interests of residential amenity. Rail Safety 11. The applicant must provide a suitable trespass proof fence of at least 1.8 metres in height adjacent to Network Rail's boundary and provision for the fence's future maintenance and renewal should be made. Details of the proposed fencing shall be submitted to the Council as Planning Authority for written approval before development is commenced and the development shall be carried out in full accordance with such approved details. Reason - In the interests of public safety and the protection of Network Rail infrastructure. 12. All surface or foul water arising from the development must be collected and diverted away from Network Rail Property. Any Sustainable Urban Drainage Scheme shall not be sited within 10 metres of the railway boundary and should be designed with long term maintenance plans which meet the needs of the development. Details of the design and construction of any drainage scheme shall be submitted to the Council as Planning Authority for written approval before development is commenced. The development shall be carried out in full accordance with such approved details. Reason - To protect the stability of the adjacent railway cutting and the safety of the rail network. Trees and Biodiversity 13. A detailed Protected Species Survey, including breeding birds and ecological surveys, shall be submitted as part of any application for approval of Matters Specified by Condition. The surveys shall include appropriate mitigation to protect identified species. Reason - In the interest of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 14. The conclusions and recommended action points within the hereby approved supporting Environmental Impact Assessment (EIA) shall be fully adhered to, respected and undertaken as part of the construction phase of development. No development shall commence unless a site specific Site Biodiversity Action Plan has been submitted to and approved in writing by the planning authority. Thereafter, the approved scheme shall be implemented in complete accordance with the approved details. Page 9 of 142
Page 10
Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species. 15. No site clearance or removal of vegetation, including trees and shrubs will take place between 1st March and 31st August inclusive unless a competent ecologist has undertaken a careful and detailed check of vegetation for active birds' nests immediately before the vegetation is to be cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting birds on site. Any such written confirmation must be submitted to the planning authority prior to commencement of works. Reason: In the interest of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 16. A scheme detailing measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be submitted for the written approval of the Council as Planning Authority. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day. Thereafter, the approved scheme shall be implemented for the duration of the construction works of the development hereby approved. Reason - In order to prevent animals from being trapped within any open excavations. 17. No work shall start on the relevant parts of the site unless the trees to be retained, as identified in the submitted surveys, have been protected by suitable fencing in accordance with BS5837 2012 (Trees in Relation to Construction). The details of the protective fencing and its location shall be first submitted to and agreed in writing by the Council as Planning Authority. Reason - to ensure adequate protection for the trees on the site during the construction, in the interests of the visual amenity of the area. 18. An updated bat survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the bat survey approved as part of this permission. The updated survey shall include all trees and structures within and around the application site and shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. Page 10 of 142
Page 11
Reason - In the interests of protecting environmental quality and of biodiversity. 19. Prior to the commencement of the development hereby approved, a detailed landscaping and planting scheme for the site shall be submitted for the written agreement of the Council as Planning Authority. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and installation methods and, species, height, size and density of trees and shrubs to be planted. The scheme as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained to the satisfaction of the Council as Planning Authority. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 20. Prior to commencement of development, the applicant shall submit a bespoke Arboricultural Impact Assessment which will identify the main development constraints on the application site in respect of trees identified for retention, including, the proximity of utilities, drainage infrastructure, structures, and changes in ground levels, which may impact the root protection areas of trees and above ground tree parts. The AIA must identify trees being retained and removed at the site, provide details of this impact, inform the construction methodology (Construction Method Statement), and identify appropriate measures of tree protection, remedial arboricultural & woodland improvement works, and mitigation planting Reason - In the interests of tree protection and to ensure appropriate mitigation measures are identified and implemented. Roads and Access 21. The maximum number of dwellings permitted via this application to be occupied by 2029 is 59 dwellings. Furthermore, no more than 88 dwellings, as may be approved by Matters Specified in Conditions application(s), shall be occupied in advance of a scheme for new transport infrastructure solutions to distribute and/or reduce traffic from further development via transport networks, has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with Transport Scotland as the trunk roads authority. The solution may be a vehicular connection to Page 11 of 142
Page 12
the Cross Tay Link Road (CTLR) or an alternative measure. The submitted scheme shall be supported by a new Transport Assessment (TA) with traffic modelling informed using observed traffic generation data from a minimum of 250 occupied residential units across the wider MU27 site and include the timing for the delivery for the infrastructure improvements. Reason - In compliance with the allocation MU27 of the Perth and Kinross Local Development Plan 2 (2019); in the interests of local and trunk road traffic safety; and enhancing connectivity and integration with Luncarty and the wider area, all in the interests of good placemaking. 22. Details of the lighting within the site shall be submitted for the approval of the Council as Planning Authority, in consultation with Transport Scotland, as the Trunk Roads Authority. Thereafter, the development shall be completed in accordance with the approved scheme. Reason: To ensure that there will be no distraction or dazzle to drivers on the trunk road and that the safety of the traffic on the trunk road will not be diminished. 23. There shall be no drainage connections to the trunk road drainage system. Reason: To ensure that the efficiency of the existing drainage network is not affected. 24. An updated District Heating Feasibility Study for the whole site shall be submitted to, and for the written approval of the Council as Planning Authority to assess the technical feasibility and financial viability of heat network/district heating for this site, identifying all available sources of heat (either within the site or offsite) and other factors such as where land will be safeguarded for future district heating infrastructure. The accompanying Design and Access Statement or other documents as agreed by the Council should show/demonstrate how the findings of the feasibility study has been incorporated into the finalised design and layout of the proposal. Reason - To identify future district heating opportunities for the development. 25. Prior to the commencement of works on the development, the applicant shall submit for the written approval of the Council as Planning Authority a Construction Traffic Management Scheme (TMS) which shall include the following: a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; Page 12 of 142
Page 13
c) arrangements for liaison with the Roads Authority regarding winter maintenance; d) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; e) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; f) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; g) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; h) details of information signs to inform other road users of construction traffic; i) arrangements to ensure that access for emergency service vehicles are not impeded; j) monitoring, reporting and implementation arrangements; and k) arrangements for dealing with non-compliance. The TMS as approved shall be strictly adhered to during the entire site construction programme all to the satisfaction of the Council as Planning Authority. Reason - In the interests of road safety. 26. Prior to the commencement of development mitigation measures for the full length of Scarth Road are to be submitted and agreed to the satisfaction of the Council as Planning Authority to accommodate additional traffic generation, and thereafter implemented in full. Reason - In the interests of road safety and residential amenity. 27. No part of the development shall be occupied until a comprehensive Green Travel Plan (GTP) that sets out proposals for reducing dependency on the private car, and associated Public Transport Plan (PTP) have been submitted and approved in writing by the Council as Planning Authority, after consultation with Transport Scotland. The GTP and PTP will have particular regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided (including the provision of new and/or enhanced public transport services), the system of management, monitoring, review, reporting and the duration of the plan. Reason - to be consistent with PAN 75 Planning for Transport. Drainage and Flooding 28. As part of an application for the Approval of Matters Specified in Condition, full drainage calculations and the final layout and depth of the proposed SUDS ponds and Page 13 of 142
Page 14
associated infrastructure to be agreed in writing with the Council as Planning Authority, in consultation with Perth and Kinross Council Flooding Team. The agreed detail shall thereafter be implemented prior to the completion of development. Reason - In the interests of best practice surface water management; to avoid undue risks to public safety and flood risk. Contaminated Land 29. Prior to the commencement of works on site, an evaluation for the potential of the site to be affected by contamination by a previous use should be undertaken and as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) will be submitted for consideration by the Council as Planning Authority. If after the preliminary risk assessment identifies the need for further assessment, an intrusive investigation should be undertaken to identify; a) the nature, extent and type(s) of contamination on the site b) measures to treat/remove contamination to ensure the site is fit for the use c) proposed measures to deal with contamination during construction works d) condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the agreed measures to decontaminate the site shall be fully implemented as approved by the Council as Planning Authority. Validation that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason - In order to deal with any potential ground contamination. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes Consent shall not be issued until the Section 75 Agreement has been completed, signed and registered to take account of this application. The legal agreement should be concluded and completed within 4 months of the date of any Committee approval. Failure to conclude a legal agreement within 4 months will result in the planning application being re-assessed and could be ultimately recommended for refusal under delegated powers. Page 14 of 142
Page 15
Informatives 1. The applicant is advised that to enable some of the negative suspensive conditions to be fulfilled works which are operational development may have to be undertaken out with the application site. These works themselves may require the submission of a planning application. 2. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 3. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council as Roads Authority Road Construction Consent (RCC) to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 4. The applicants are advised that they must apply to the Roads Authority for construction consent to form a new street. Please contact The Construction and Maintenance Manager, The Environment Service, Perth and Kinross Council, Pullar House, Perth. 5. The applicant is advised that the granting of planning permission does not guarantee a connection to Scottish Water’s assets. The applicant must make a separate application to Scottish Water Planning & Development Services team for permission to connect to the public wastewater system and/or water network and all their requirements must be fully adhered to. 6. The applicant is advised that the works may need a license under the Water (Controlled Activities) Regulations 2005 (CAR). The applicant should contact SEPA's Perth Environmental Protection and Improvement Team (Tel: 01738 627989) in regard to this. The applicant should ensure that all works on site comply with the best practice guidelines laid out in SEPA's published Pollution Prevention Guidance, found at www.sepa.org.uk 7. The Council's Community Waste Adviser in the Environment Service should be contacted to clarify the bin storage and recycling requirements for the development. 8. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended, it is an offence to remove, damage or destroy the nest of any wild birds Page 15 of 142
Page 16
while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act. 9. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot to disturb a protected species. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are severe for non- compliance. 10. The Council shall be immediately notified in writing if any ground contamination is found during construction of the development, and thereafter a scheme to deal with the contamination shall be submitted to, and agreed in writing by, the Council as Planning Authority. 11. The applicant should be aware that any proposal for noise or vibration sensitive use adjacent to the railway may result in neighbour issues arising. Every endeavour should be made by the applicant in relation to adequate protection of the uses contained within the site. 12. The proximity and type of planting proposed are important when considering a landscaping scheme. Leaf fall in particular can greatly impact upon the reliability of the railway in certain seasons. Network Rail can provide details of planting recommendations for neighbours. 13. Where trees/shrubs are to be planted adjacent to the railway boundary these should be positioned at a minimum distance from the boundary which is greater than their predicted mature height. Certain broad leaf deciduous species should not be planted adjacent to the railway boundary. 14. Buildings should be situated at least 2 metres from Network Rail's boundary. The applicant must ensure that the construction and subsequent maintenance of proposed buildings can be carried out without adversely affecting the safety of, or encroaching upon, Network Rail's adjacent land. 15. Construction works must be undertaken in a safe manner which does not disturb the operation of the neighbouring railway. Applicants must be aware of any embankments and supporting structures which are in close proximity to their development. 16. Details of all changes in ground levels, laying of foundations, and operation of mechanical plant in proximity to the rail line must be submitted to Network Rail's Asset Protection Engineer for approval prior to works commencing on site. Where any works cannot be carried out in a "fail-safe" manner, it will be necessary to restrict those works to periods when the railway is closed to rail traffic i.e. by a "possession" which must be booked via Network Rail's Asset Protection Engineer and are subject to a minimum prior notice period for booking of 20 weeks. Page 16 of 142
Page 17
17. The developer is advised to contact Sophie Nicol, Archaeologist to discuss terms of reference for work required Tel 01738 477027. 18. For guidance on cycle paths please see Sustrans Design Manual Handbook for cycle-friendly design (drawings on P21-22). 19. Please consult the Street Naming and Numbering Officer, The Environment Service, Perth and Kinross Council, Pullar House, 35 Kinnoull Street, Perth PH1 5GD. 20. Any structures & all walls/embankments that act singly or together to support a carriageway or footpath & retain over 1.5m fill will require Technical Approval. 21. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 22. This development will require the 'Display of notice while development is carried out', under Section 27C (1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: • Displayed in a prominent place at or in the vicinity of the site of the development • Readily visible to the public • Printed on durable material. 23. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow for the collection of waste. 24. If there is any proposal to alter a route of an existing core path or right of way a further legal procedure is required. The granting of planning permission does not stop the continued right of public access along the existing core path or right of way. An order under the Town and Country Planning (Scotland) Act 1997, Section 208 or an amendment of the Core Path Plan under the Land Reform (Scotland) Act 2003 should be sought. (ii) 24/00200/FLM - Extension to battery energy storage system facility comprising 144 additional battery units (49.9MW) and associated works, land 130 metres south east of Coupar Angus Substation, Pleasance Road, Coupar Angus (Report No. 24/244) Mr S Galloway, objector, followed by Ms S Thomas, agent on behalf of the applicant (via telephone) and Mr I Kanellopoulos, Page 17 of 142
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 Page 18 of 142
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. Page 19 of 142
Page 20
Reason - In order to safeguard the neighbouring residential amenity in the area. 12. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In order to safeguard the neighbouring residential amenity in the area. 13. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at any time on Sundays or bank holidays. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality during the construction period. 14. The acoustic fence hereby approved as part of planning permission 22/00195/FLM (documents 37, 38, 39 and 40 relate) must be installed prior to the installation of the new battery units hereby approved becoming operational. Thereafter, the fence shall be maintained in a reasonable condition for the life of the development. Reason - In the interests of protecting residential amenity. Biodiversity and Natural Environment 15. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document 33 relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 16. An Updated ecology survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the ecology survey approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. For the avoidance of doubt, any recommendations made within any updated ecology survey approved shall be adhered to in full. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 17. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, five bat boxes, five bird boxes and log piles shall be provided in line with recommendations in the supporting biodiversity survey submitted and hereby approved. Thereafter, the agreed Page 20 of 142
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. Page 21 of 142
Page 22
Reason - In the interest of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 21. The soil management plan approved as part of planning permission 22/00195/FLM (document 41) shall be adhered to in full as part of the site development. Reason - In order to ensure proper soil management. Facility Lifespan 22. In the event the hereby approved development fails to store electricity on a commercial basis for a continuous period of 12 months, then it shall be deemed to have permanently ceased to be required. In such an event the development shall be decommissioned and the relevant parts of the site reinstated within such timescale as agreed in writing by the Council as Planning Authority. Reason - To ensure the facility is removed from the site at the end of its operational life, and to protect the character of the countryside, the visual amenity of the area and nature conservation interests. External Finishing Colour 23. Prior to the commencement of the development hereby approved, details of the recessive, natural colour of the proposed external finishing materials to be used for the hereby approved fence and other structures (i.e. auxiliary generator, battery pack racks, battery storage substation, client substation invertor and LV Room, etc.) shall be submitted to and agreed in writing by the Council as Planning Authority. The scheme as agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Page 22 of 142
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. Page 23 of 142
Page 24
10. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 11. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk Amendment (Councillors I James and B Brawn) Refuse, on the basis the proposal is contrary to National Planning Framework 4 Policy 11 e) i Energy and Policy 23 e) Health and Safety, and Perth and Kinross Local Development Plan 2 (2019) Policy 56 Noise, as it has not been demonstrated that there will not be a significant adverse impact on residential amenity of the local community, mainly due to the impact of noise. In terms of Standing Order 21.5 a roll call vote was taken. 7 members voted for the Motion as follows: Bailie R Brock, Councillors K Harvey, D Illingworth, I Massie, G Stewart, R Watters and Bailie M Williamson. 3 members voted for the Amendment as follows: Councillors B Brawn, I James and Bailie C McLaren. Resolved: In accordance with the Motion. THE COMMITTEE TOOK A 10 MINUTE RECESS. (2) Local Application (i) 24/00368/FLL - Siting of 22 holiday accommodation units, change of use and alterations to storage building to form event space, formation of vehicular access, outdoor seating area and associated works, Murrayshall House Hotel, Murrayshall, Perth, PH2 7PH (Report No. 24/245) Mrs M Elphinstone and Mr M Butler, objectors to the application, Mr J Wall, agent on behalf of the applicant and Mr G Silcock, on behalf of the applicant, addressed the Committee and answered Members questions. Resolved: Grant, subject to the following terms, conditions and informatives: Page 24 of 142
Page 25
Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason - To ensure the development is carried out in accordance with the approved drawings and documents. 3. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; c) a code of conduct for HGV drivers to allow for queuing traffic to pass; d) arrangements for liaison with the Roads Authority regarding winter maintenance; e) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; i) details of information signs to inform other road users of construction traffic; j) arrangements to ensure that access for emergency service vehicles are not impeded; k) co-ordination with other significant developments known to use roads affected by construction traffic; Page 25 of 142
Page 26
l) traffic arrangements in the immediate vicinity of temporary construction compounds; m) monitoring, reporting and implementation arrangements; n) arrangements for dealing with non-compliance; and o) details of HGV movements to and from the site. The TMS as approved, shall be strictly adhered to during the entire site construction programme. Reason - In the interest of proper site management. 4. Prior to commencement of any development on site, a detailed design showing the signage for the development shall be provided with the following schemes being designed: a) directional signage to be added to the public road network to direct customers to the development site entrance along the preferred routes as discussed in the Transport Statement; b) directional signage to be removed from the public road network to encourage customers to use the preferred route detailed as discussed in the Transport Statement; c) passing place signage along the U84 and U85 from the A94 to the development site entrance from the public road network; and d) car parking signage on the development site for a minimum of 12 car parking spaces intended for the holiday accommodation units. Shall be submitted to, and approved in writing by, the Council as Planning Authority. The submission will confirm the location of the signage, specification and detailed design. The scheme for the approved shall thereafter be implemented in full, prior to the development hereby approved being completed or brought into use. Reason - In the interests of road safety and to direct customers of development site along the preferred route. 5. No part of the development shall be occupied until a Travel Plan, aimed to encourage more sustainable means of travel, has been submitted to and agreed in writing by the Council in consultation with Transport Planning. The Travel Plan will have particular regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided along with the system of management, monitoring, review, reporting and the duration of the plan. Reason - To promote sustainable transport options and to meet advice within National Planning Framework on transport. 6. Prior to commencement of any development on site, a detailed design for a minimum of four passing places shall be submitted and approved in writing by the Page 26 of 142
Page 27
planning Authority in consultation with the Roads Authority for the following locations: • Passing Place 3 – Unmade layby at 227m as detailed in the Transport Statement in Appendix G – Passing Place Plan (SK005); and • Passing places 7 – Field entry on right at 1090 m as detailed in the Transport Statement in Appendix G – Passing Place Plan (SK005); and • Plus, a minimum of two further passing places between the west entrance to Murrayshall House Hotel at approximately 2.5km from the A94 and the east entrance to Murrayshall House Hotel at approximately 3km from the A94 The passing places shall be provided with a minimum carriageway width of 5.5 metres, for a minimum length of 11 metres with 30-degree tapers and surfaced in accordance with the Perth & Kinross Council's Road Development Guide at the agreed locations. The passing places, as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority and be constructed and operational in advance of any further works being undertaken on site. Once provided, the passing places shall thereafter be permanently retained as such. Reason - To ensure the existing road network can accommodate the traffic likely to be associated with the proposed development in the interests of road safety. 7. Prior to the commencement of the development, details of the permeable access track will be submitted for the approval of the Council as Planning Authority. Thereafter, the track shall be implemented in line with the approved details and maintained in perpetuity. Reason – To ensure the site is adequately drained and the protection of tree root areas. 8. All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In order to safeguard the neighbouring residential amenity in the area. 9. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In order to safeguard the neighbouring residential amenity in the area. Page 27 of 142
Page 28
10. The conclusions and recommended action points within the supporting Ecological Impact Assessment, Biodiversity Plan and Invasive Non-Native Species Management Plan submitted and hereby approved (drawing numbers 33, 34 and 35 relate) shall be fully adhered to, respected and undertaken as part of the construction phase of development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and biodiversity. 11. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day. Reason - In the interests of protecting environmental quality and biodiversity. 12. Prior to the commencement of any works on site, all trees on site (other than those marked for felling on the approved plans) and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the duration of construction. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 13. The detailed landscaping and planting scheme which is hereby approved shall be completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. The approved scheme shall thereafter be maintained to the satisfaction of the Council as Planning Authority, with any planting which fails to become established within five years being replaced in the following planting season with others of a size and species as previously approved. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Page 28 of 142
Page 29
Procedural Notes Permission shall not to be issued until the Section 75 Agreement has been signed and registered to take account of this application. The legal agreement should be concluded and completed within 4 months of the date of any Committee approval. Failure to conclude a legal agreement within 4 months will result in the planning application being re-assessed through failing to comply with the associated developer contributions policy and may be ultimately recommended for refusal under delegated powers. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. Part of the approved development includes 'caravans'. The developer is advised that caravans require to be licensed under the terms of Section 1 of the Caravan Sites and Control of Development Act 1960 and therefore a licence application should be made to Environmental Health. Application forms are available at https://www.pkc.gov.uk/article/15600/Licence-caravan- site 4. The planning permission decision notice shall not be issued until such time as the required Developer Contributions have been secured or paid in full. In the event the applicant does not either make the required payment within 28 days from the date the agent/applicant is advised of the need for the contributions, or complete a legal agreement for delayed payment within a 4 month period from the date the agent/applicant is advised of the need for the contributions the application may be refused under delegated powers without any further discussion with the applicant. 5. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original Page 29 of 142
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; Page 31 of 142
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 Page 32 of 142
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: Page 33 of 142
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 Page 34 of 142
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. Page 35 of 142
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. Page 36 of 142
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. Page 37 of 142
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 Page 38 of 142
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. Page 39 of 142
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; Page 40 of 142
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. Page 41 of 142
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. Page 42 of 142
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 Page 43 of 142
Page 44
Council as Planning Authority. The plan must include replacement tree planting on a ratio of 1:3 and include native, bio-diversity friendly species. The approved details shall be implemented in full prior to the end of the first planting season following the first occupation of the dwelling. Any planting failing within the first 5 years shall be replaced within the next available planting season on a like for like basis. Reason - In order to clarify the terms of this planning permission and to provide for bio-diversity enhancement. 4. Prior to the commencement of the development hereby approved, detailed drawings showing waste and recycling facility enclosures or waste and recycling facility storage areas and associated locations for bin presentation shall be submitted to and approved in writing by the Council as Planning Authority. The dwelling shall not be occupied until the approved details have been implemented in full. Reason – In order to clarify the terms of this planning permission. 5. Prior to the first occupation of the dwelling, two bat boxes and two bird nesting boxes shall be installed within the curtilage of the dwelling. All the boxes shall be installed in line with the guidance and specification of the Scottish Wildlife Trust, and once installed shall thereafter be retained in a useable condition. Reason – In order to provide biodiversity enhancement. 6. No further trees or hedgerows shall be removed until approved by the Council as Planning Authority. Prior to the commencement of the development hereby approved, a 1:200 site plan which identifies a) all trees and hedges to be retained and b) the Construction Exclusion Zone (CEZ) shall be submitted to and approved in writing by the Council as Planning Authority. This plan shall ensure all fencing adheres to BS 5837 2012: Trees in Relation to Design, Demolition and Construction. The CEZ as subsequently approved shall be strictly adhered to during the entire duration of the construction phase of the development. Reason - In order to clarify the terms of this permission and to protect the existing trees and hedges from unnecessary damage and removal 7. Prior to the commencement of the development hereby approved, all trees and hedges on site and along its boundary (other than those marked for felling via condition 6) and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the entire duration of the construction phase of the development. Page 44 of 142
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. Page 45 of 142
Page 46
Procedural Notes 1. The formal decision notice shall not to be issued until the applicant has either paid the developer contributions ‘up front’ within 28 days of this Committee approval, or completed a Section 75 Agreement within 4 months of the date of this Committee approval. Failure to meet either timeline will result in the planning application being re-assessed, and may be ultimately recommended for refusal under delegated powers due to failure to comply with the Council’s SPG on Developer Contributions and Affordable Housing (2023). Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. 3. No work shall be commenced until an application for building warrant has been submitted and approved. 4. The applicant should be mindful of the electricity pole east of the proposed site, on the edge of the private access track, which is not marked on the drawings. Care must be taken that the proposed new driveway access does not affect this pole or its associated infrastructure. 5. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests 6. Existing buildings or structures may contain nesting birds between 1st March and 31st August inclusive. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 7. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be Page 46 of 142
Page 47
assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 8. The presence of protected species, and the extent to which they could be affected by the proposed development, should be established before works commence. Should protected species be identified within the site the developer should ensure that all appropriate measures required to comply with the relevant legislation are carried out. (vi) 24/00866/FLL - S42 application to delete condition 3 (temporary period) of permission 22/00803/FLL, Tatha View, 4 Braes of Taymouth, Kenmore, Aberfeldy, PH15 2HQ (Report No. 24/250) Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 1. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason - To ensure the development is carried out in accordance with the approved drawings and documents. 2. The use hereby approved shall be limited to holiday accommodation to the satisfaction of the council as planning authority. The owner of the property shall, for periods when the property is occupied as a short term let, maintain an up-to-date register of the name and address of a main occupier or principal contact for each party staying in the property, the size of the party (number of guests), and the length of stay, and shall make this information available at all reasonable times to the Planning Authority. Reason - In order to clarify the terms of the permission; to control and restrict the use of the building in the interests of safeguarding the residential amenity of neighbouring properties. 3. The short-term let shall be operated in accordance with the agreed noise management plan (22/00803/05) which shall be implemented for the life of the development. Reason - In order to safeguard the neighbouring residential amenity in the area. Page 47 of 142
Page 48
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. Page 48 of 142
Page 49
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) Page 49 of 142
Page 50
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 Page 50 of 142
Page 51
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) Page 51 of 142
Page 52
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. Page 52 of 142
Page 53
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 Page 53 of 142
Page 54
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. Page 54 of 142
Page 55
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 Page 55 of 142
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). Page 56 of 142
Page 57
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. Page 57 of 142
Page 58
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. Page 58 of 142
Page 59
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. Page 59 of 142
Page 60
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. Page 60 of 142
Page 61
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 Page 61 of 142
Page 62
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. Page 62 of 142
Page 63
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 Page 63 of 142
Page 64
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. Page 64 of 142
Page 65
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. Page 65 of 142
Page 66
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. Page 66 of 142
Page 67
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 Page 67 of 142
Page 68
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 Page 68 of 142
Page 69
DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING Page 69 of 142
Page 70
Page 70 of 142
Page 71
5(1)(i) Page 71 of 142
Page 72
Page 72 of 142
Page 73
5(1)(i) Page 73 of 142
Page 74
Page 74 of 142
Page 75
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) Page 75 of 142
Page 76
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 Page 76 of 142
Page 77
• 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 Page 77 of 142
Page 78
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 Page 78 of 142
Page 79
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 Page 79 of 142
Page 80
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 Page 80 of 142
Page 81
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. Page 81 of 142
Page 82
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 Page 82 of 142
Page 83
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. Page 83 of 142
Page 84
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 Page 84 of 142
Page 85
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. Page 85 of 142
Page 86
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 Page 86 of 142
Page 87
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. Page 87 of 142
Page 88
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, Page 88 of 142
Page 89
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. Page 89 of 142
Page 90
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 Page 90 of 142
Page 91
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 Page 91 of 142
Page 92
Page 92 of 142
Page 93
5(1)(ii) Page 93 of 142
Page 94
Page 94 of 142
Page 95
5(1)(ii) Page 95 of 142
Page 96
Page 96 of 142
Page 97
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) Page 97 of 142
Page 98
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 Page 98 of 142
Page 99
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 Page 99 of 142
Page 100
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. Page 100 of 142
Page 101
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. Page 101 of 142
Page 102
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. Page 102 of 142
Page 103
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. Page 103 of 142
Page 104
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 Page 104 of 142
Page 105
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. Page 105 of 142
Page 106
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 Page 106 of 142
Page 107
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. Page 107 of 142
Page 108
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. Page 108 of 142
Page 109
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. Page 109 of 142
Page 110
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. Page 110 of 142
Page 111
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. Page 111 of 142
Page 112
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 Page 112 of 142
Page 113
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. Page 113 of 142
Page 114
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 Page 114 of 142
Page 115
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. Page 115 of 142
Page 116
Background Papers: 2 letters of representation Contact Officer: Persephone Beer Date: 27 September 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING Page 116 of 142
Page 117
5(1)(iii) Page 117 of 142
Page 118
Page 118 of 142
Page 119
5(1)(iii) Page 119 of 142
Page 120
Page 120 of 142
Page 121
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. 5(1)(iv) Page 121 of 142
Page 122
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 Page 122 of 142
Page 123
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. Page 123 of 142
Page 124
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. Page 124 of 142
Page 125
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. Page 125 of 142
Page 126
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 Page 126 of 142
Page 127
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 Page 127 of 142
Page 128
Page 128 of 142
Page 129
5(1)(iv) Page 129 of 142
Page 130
Page 130 of 142
Page 131
5(1)(iv) Page 131 of 142
Page 132
Page 132 of 142
Page 133
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. 6(i) Page 133 of 142
Page 134
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 Page 134 of 142
Page 135
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) Page 135 of 142
Page 136
• 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 Page 136 of 142
Page 137
• 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 Page 137 of 142
Page 138
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 Page 138 of 142
Page 139
6(i) Page 139 of 142
Page 140
Page 140 of 142
Page 141
6(i) Page 141 of 142
Page 142
Page 142 of 142