23/01575/Fll
Perth and Kinross Council · 13 November 2024
Back to Planning and Placemaking Committee — 13 November 2024 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee – 13 November 2024 Report of Handling by Strategic Lead - Economy, Development and Planning (Report No. 24/307) PROPOSAL: Extension to storage building LOCATION: A Proctor Insulation Ltd, A Proctor Group, Industrial Estate, Dunkeld Road, Blairgowrie, PH10 6RT Ref. No: 23/01575/FLL Ward No: P3- Blairgowrie and Glens 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 an extension to a storage building at A Proctor Insulation Ltd located off Dunkeld Road, Blairgowrie. The proposal is for a 44.7m x 13.00m extension to an existing storage building. The initial submission was for an extension measuring 44.7m x 15m. This followed refusal of planning permission in 2022 for a 45m x 18m extension. The height to the eaves of the refused application was to be 5.5m with 7.05m to the roof ridge. This current proposal is now for 3.84m to the eaves and 4.95 to the roof ridge. The new storage area will provide an additional 581 square metres of warehouse space at the site. The buildings will be linked by two internal openings. The new storage building is required to improve storage capacity at the site and help the business meet current demand. 2. Revised plans, showing the reduction in size of the extension have recently been consulted and advertised on. Additional information on drainage arrangements were also available for public comment. SITE HISTORY 3. 22/01478/FLL Full Planning Permission was Refused On 8 November 2022 for Extension to storage building ENVIRONMENTAL IMPACT ASSESSMENT 4. The proposal is not EIA development.
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PRE-APPLICATION CONSULTATION 5. Pre application Reference: None. 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 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. 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 9: Brownfield, Vacant and Derelict Land and Empty Buildings • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 22: Flood Risk and Water Management • Policy 26: Business and Industry 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; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 7A: Employment and Mixed Used Areas: Business and Industrial
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• Policy 41: Biodiversity • Policy 45A: Lunan Lochs Catchment Area • Policy 47: River Tay Catchment • Policy 52: New Development and Flooding • Policy 53C: Water Environment and Drainage: Surface Water Drainage • 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 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 - Placemaking (adopted in 2020) PKC NON STATUTORY GUIDANCE • Planning Guidance - Delivery of Development Sites • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity NATIONAL GUIDANCE 13. 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 14. 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 15. Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It
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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 16. 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 17. 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 18. As part of the planning application process the following bodies were consulted: External 19. Scottish Water - No objection. 20. Scottish Environment Protection Agency - No comments. Development proposed is below the threshold for consultation. Internal 21. Structures and Flooding - Further information required. No further comments made following consultation on further drainage and flood risk information. 22. Environmental Health (Noise Odour) - No objection subject to conditions with regard to noise, servicing and delivery hours. 23. Environmental Health (Contaminated Land) - No adverse comments. A search of the historic records did not raise any concerns regarding ground contamination. 24. Transportation and Development - Additional parking spaces required. No objection following consideration of revised plans. Informative note requested in relation to delivery vehicles.
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REPRESENTATIONS 25. 7 representations were received. The main issues raised within the representations are: • Visual amenity/outlook • Residential Amenity – impact on quality of life/impact on health, overshadowing, loss of daylight/sunlight • Noise and air pollution • Flood risk – including excess run-off from existing shed • Traffic and road safety • Design – colour finish – object to green, • Landscaping – object to proposed hedge • No benefit to area • Impact on bats • Fire risk - this would be addressed as part of the Building Warrant process and not at planning application stage • Why can’t development go on the other side of the site – this is not a material planning consideration. 26. The issues raised that are material planning considerations are addressed in the Appraisal section of the report. ADDITIONAL STATEMENTS 27 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal AA not required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Flood Risk Assessment submitted Drainage Impact Assessment submitted APPRAISAL 28. 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.
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Principle 29. The site is within an area safeguarded for business and industrial use under policy 7A of the Local Development Plan. The policy requires any proposed development to be compatible with surrounding land uses. In addition, proposals should meet a number of criteria. The main criteria of relevance to this proposal is a) that proposals should not detract from the amenity of adjoining, especially residential areas. 30. Policy 26, Business and Industry of National Planning Framework 4 e) also supports proposals for business and industry uses on sites allocated for those uses in the LDP subject to e) taking account of i) Impact on surrounding residential amenity; sensitive uses and the natural and historic environment. 31. Placemaking policies of the LDP and policy 14 Design are also relevant and seek to ensure that proposals make a positive contribution to the surrounding built and natural environment and respect the character and amenity of a place. 32. A similar proposal was refused on the site as being contrary to design and placemaking policies of the Local Development Plan due to its scale, design and siting. There was also insufficient information supplied to understand the impact of the development on wildlife and habitats including priority species such as bats and nesting birds. Since the refusal the policy framework has changed and National Planning Framework 4 is now a consideration. The proposal has been revised and for reasons set out in the report below is now considered to accord with the National Planning Framework and Local Development Plan. Design and Layout 33. Placemaking guidance requires extensions to a building to respect the existing building. The proposed extension is now subservient to the host building being of lesser height and mass. An objection to the proposed colour finish (Moorland green) of the extended building has been submitted. The building cladding is proposed as moorland green with a goosewing grey roof. Such a colour scheme is not considered unreasonable for such a building. The building is further away from residential dwellings to the northeast and southeast and will be less dominant and more in keeping with the character and amenity of the place. The site is currently largely an open with an existing access road and grassed, area that backs on to residential properties. There has been some storage of materials on the land adjacent to the existing buildings. The proposed extension will ensure that additional storage space is available on site and external storage should not now spill out along the side of the building. A condition will be attached to ensure that the area to the northeast of the extension is not used for storage of materials. The building is now proposed to be between 9.39 metres from the northeastern boundary at the southern end and 7.83m from the boundary at the northern end.
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34. The scale of development is now considered acceptable and is not considered to be overdevelopment of the site. A condition with regard to external storage will be added (Condition 3). The proposal is in accordance with Placemaking policies 1A and 1B of the Local Development Plan, policy 14 and 26 of National Planning Framework 4 in terms of design and layout. Landscape 35. There are limited landscape features on the site that would be affected by the development. The applicant is proposing to plant a beech hedge along the boundary with properties on Lochinblair Road to provide some landscape interest. There has been an objection to this in terms of the potential to overshadow gardens although this will only occur if left unmanaged and is not a reason to not support such a proposal. A landscape plan will be requested by condition to ensure planting is appropriately detailed (Condition 4). Residential Amenity 36. Proposals should not create a significant detrimental impact on the amenity of neighbouring properties through overlooking, loss of privacy, loss of daylight/sunlight, overbearing impact or impact on traffic and road safety. 37. The Placemaking Guide states that new buildings must be carefully sited to avoid undue loss of daylight or sunlight to the habitable room windows and private garden ground of neighbouring properties. Overshadowing can have a significant impact on neighbouring properties including garden ground. 38. In this case an assessment of the impact on daylight and sunlight levels of the development on the neighbouring residential dwellings has been made through the submission by the applicant of a daylight and sunlight assessment. The study specifically focuses on the impact of the development on light receivable by properties at 7 Greenbank Street, Dunroaming, Greenbank Street and numbers 17, 18, 19 and 20 Lochinblair Gardens. 39. The study shows that all neighbouring windows (that have a requirement for daylight or sunlight) pass the Building Research Establishment (BRE) tests set out in established guidance on daylight and direct sunlight tests. The development also passes the BRE overshadowing to gardens and open spaces test. 40. The report was based on the originally submitted drawings for this application. The proposals have been revised with the extension being reduced so that it is 2m further from residential boundaries. This further reduces any impact on residential amenity from any reduction in daylight or sunlight. 41. Environmental Health has been consulted in terms of impact due to potential noise and disturbance. It is noted that the site has operated for a number of years with no known complaints from neighbouring residential properties in relation to noise. However as the proposed building is closer to residential properties than other existing buildings there is the potential for noise to affect
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residential amenity. It has been confirmed by the applicant that the building will be utilised for storage and will operate in line with the current operational times of the business. Conditions are recommended by Environmental Health and will be attached to protect residential amenity. Conditions proposed relate to operation and delivery hours, plant noise and lighting (Conditions 5 - 8). 42. It is concluded that the proposal is in accordance with policies to protect residential amenity, specifically policy 7A) Business and Industrial of the Local Development Plan that states that “Proposals should not detract from the amenity of adjoining, especially residential areas”. Visual Amenity 43. The proposal is of an acceptable scale and relates appropriately to the adjacent building and will not have a significantly adverse impact on visual amenity due to its scale, form and siting. Roads and Access 44. Vehicular access to the site is proposed to remain via the existing access on Dunkeld Road. No modifications are proposed to the site entrance as no significant changes to transport movements from the proposed extension are proposed. Transportation and Development have been consulted and consider that the existing vehicular access is deemed suitable to support the proposed development. 45. There have been objections with regard to potential additional traffic impacting on road safety and creating noise and pollution. However the Design and Access Statement (Revision A), states that it is not anticipated that additional transport movements will be associated with the extension due to the nature of the storage operations. Further, the scale of the proposed development does not warrant a transport assessment or transport statement based on Transport Assessment Guidelines. On this basis, it is not considered that the proposed development will result in significant traffic impacts in terms of additional vehicle movements and traffic volumes. 46. The proposal includes provision of three additional parking spaces to supplement the existing 18 spaces already available within the existing car parking area. Existing disabled parking is available on the industrial estate. It is noted that the additional spaces have been formed by reconfiguring an area currently used for storage. An informative note will be added to advise the applicant to ensure that servicing and delivery vehicles are able to turn within the site and exit in a forward-facing gear onto the public road network, in the interests of road safety on Dunkeld Road (Informative 4). Drainage and Flooding 47. Part of the site is identified as being of medium risk of flooding from surface water. A Flood Risk Assessment and Drainage Impact Assessment have been submitted. The detailed surface water drainage proposals have been
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informed by detailed calculations and investigations. The proposals have been assessed by consultants and PKC Flooding and Structures. Some further clarification of some aspects of the proposed drainage system is required prior to construction. It is considered that a pre-commencement condition can be attached to resolve these matters (Condition 9). Subject to conditional control the proposal accords with policy 53C, Surface Water of the local Development Plan and policy 22, Flood Risk and Water Management of National Planning Framework 4 Waste Collection 48. The proposal is for a storage facility and limited waste is anticipated. There will be no change to existing waste collection arrangements. Conservation Considerations 49. The site is not in a conservation area. It is not close to any listed buildings. There will be no impact on any built conservation assets. Natural Heritage and Biodiversity 50. Representations have been received with regard to the removal of the lean-to extension as this is suspected of being used as a bat roost. A Preliminary Ecological Appraisal has been submitted. This notes that limited signs of any protected species was found over the course of the survey. The survey includes recommendations to improve the site’s biodiversity through installation of hedgehog boxes, bat and bird boxes, and invertebrate hotels/log piles. 51. The appraisal concludes that the lean-to building to be demolished is not considered likely to be used as a bat roost. Precautionary mitigation and compensation measures are set out in the report which include provision of at least one bat box and advice on lighting around the building. 52. Conditions will be attached with regard to mitigation and enhancement including adherence to the recommendations in the report (Condition 10), a condition to avoid mammal entrapment during works (Condition 11) and informative note with regard to disturbance to nesting birds (Informative 7). Subject to compliance with the conditions the proposal accords with policy 41 Biodiversity of the Local Development Plan and Policy 3, Biodiversity of National Planning Framework 4. Low and Zero Carbon Generating Technologies 53. 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
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requirement. Further, NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ requires that development should be designed to reduce green gas emissions. In this instance, the building is for storage purposes and as such does not require additional information to be submitted to accord with policy 32. Contaminated Land 54. A review of records has not raised any concerns with potential land contamination. An informative note will be added to advise that it is the responsibility of the applicant to satisfy themselves that the ground conditions are suitable for the development proposed (Informative 5). Developer Contributions 55. The Developer Contributions Guidance is not applicable to this application and therefore no contributions are required in this instance. Economic Impact 56. There would be some economic impact of the proposal as it relates to a business investing in the development of the site. VARIATION OF APPLICATION UNDER SECTION 32A 57. 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 size of the building and submission of detailed drainage information. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 58. None required. DIRECTION BY SCOTTISH MINISTERS 59. 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 60. 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
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overriding the Development Plan. Accordingly the proposal is recommended for approval subject to the following conditions. RECOMMENDATION 61. 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. No outside storage of material, crates or containers shall take place between the east facing elevation of the extended building and eastern site boundary. 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, 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. 5. The hours of operation of the building shall be restricted to 0800 hours to 1700 hours Monday to Friday only.
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Reason: In order to safeguard the neighbouring residential amenity in the area. 6. Servicing of and deliveries to the building shall be carried out between 0800 and 1700 Monday to Friday only. Reason: In order to safeguard the neighbouring residential amenity in the area. 7. 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. 8. 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. 9. Development shall not commence on site until all outstanding requirements for the sustainable urban drainage system (SUDS) as set out in the AECOM consultation response document 32, have been submitted for the written agreement of the Council as Planning Authority. 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. 10. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document(s) 13 Preliminary Ecological Appraisal Report 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. 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
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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. 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 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 to ensure that servicing and delivery vehicles are still able to turn within the site and exit in a forward-facing gear onto the public road network in the interests of road safety on Dunkeld Road. 5. A search of the historical mapping has not identified any potential sources of contamination likely to impact upon the proposed development site and there is no further information held by the Authority to indicate that the application area has been affected by contamination. However, it shall be the responsibility of the applicant to satisfy themselves that the ground conditions are suitable for the development for which planning consent has been granted. 6. 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 size of the building and submission of detailed drainage information.
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7. 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. 8. 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. 9. 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 Background Papers: 7 letters of representation Contact Officer: Persephone Beer Date: 1st November 2024 DAVID LITTLEJOHN STRATEGIC LEAD - ECONOMY, DEVELOPMENT AND PLANNING