Agenda Document Pack - Planning and Placemaking Committee - 13/11/2024
Perth and Kinross Council · 13 November 2024
Back to Planning and Placemaking Committee — 13 November 2024 and its agenda
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Securing the future… • Improving services • Enhancing quality of life • Making the best use of public resources Council Building 2 High Street Perth PH1 5PH 04/11/2024 A hybrid meeting of the Planning and Placemaking Committee will be held in the Council Chamber on Wednesday, 13 November 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 112
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Planning and Placemaking Committee Wednesday, 13 November 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 9 OCTOBER 2024 FOR APPROVAL (copy herewith) 5 - 26 4 DEPUTATIONS 5 APPLICATIONS FOR DETERMINATION 5(1) MAJOR APPLICATIONS 5(1)(i) 24/01142.FLM - SECTION 42 APPLICATION TO MODIFY CONDITION 1 (DURATION) OF PERMISSION 15/01691/FLM, GREEN BURN WIND FARM, BRIDGE OF CALLY Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 24/305) 27 - 60 5(2) LOCAL APPLICATIONS 5(2)(i) 24/00085/FLL - CHANGE OF USE AND ALTERATIONS TO DWELLINGHOUSE TO FORM 2 SHORT-TERM LET ACCOMMODATION UNITS, LAGREACH COTTAGE, LAGREACH LANE, PITLOCHRY, PH16 5QW Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 24/306) 61 - 82 Page 3 of 112
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5(2)(ii) 23/01575/FLL - EXTENSION TO STORAGE BUILDING, A PROCTOR INSULATION LTD, A PROCTOR GROUP, INDUSTRIAL ESTATE, DUNKELD ROAD, BLAIRGOWRIE, PH10 6RT Report of Handling by Strategic Lead - Economy, Planning and Development (copy herewith 24/307) 83 - 100 6 PROPOSAL OF APPLICATION NOTICES (PAN) 6(i) 24/00009/PAN - CHANGE OF USE OF LAND TO FORM EXTENSION TO EXISTING HOLIDAY PARK COMPRISING SITING OF HOLIDAY/STAFF ACCOMMODATION UNITS, COVERED EVENT SPACE, CLASSROOM, LANDSCAPING AND ASSOCIATED OPERATIONAL DEVELOPMENT, LOCHTAY HIGHLAND LODGES, KILLIN, FK21 8TY Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 24/308) 101 - 112 Page 4 of 112
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PLANNING AND PLACEMAKING COMMITTEE Minute of hybrid meeting of the Planning and Placemaking Committee held in the Council Chambers, 2 High Street, Perth, on Wednesday 9 October 2024 at 9.30am. Present: Councillors I Massie, G Stewart, Bailie C Ahern (substituting for Councillor K Allan), B Brawn, E Drysdale (substituting for Councillor R Watters), D Illingworth, K Harvey, I James, Bailie C McLaren and I MacPherson (substituting for Bailie M Williamson). In Attendance: L MacLean, C Morilly, S Panton, K Smith, K Steven and P Williamson (all Economy, Place and Learning); A Brown, S Dockerill, G Fogg and J Guild (all Strategy, People and Resources). Apologies: Councillors K Allan, D Cuthbert, R Watters and Bailie M Williamson. Councillor I Massie, Convener, Presiding. 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 11 September 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. 23/01224/FLL 5(1)(i) 223/0131/FLL 5(1)(ii) 3 Page 5 of 112
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5. APPLICATIONS FOR DETERMINATION (1) Local Applications (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 No. 24/278) Mr R Raj, on behalf of the applicant, addressed the committee, and answered Members questions. 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. 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 Page 6 of 112
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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. 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. Page 7 of 112
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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 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; Page 8 of 112
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(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. 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. Page 9 of 112
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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. 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). Page 10 of 112
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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. 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 Page 11 of 112
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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 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 Page 12 of 112
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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 Environment Protection Agency. (ii) 23/01313/FLL - Erection of 7 dwellinghouses, formation of vehicular access, landscaping and associated works, land east of Honeysuckle Cottage, Carnbo (Report No. 24/279) Mrs E Hutchinson, objector, followed by Mr J Wright, agent on behalf of the applicant (via telephone), addressed the Committee and answered Members questions. Motion (Councillor B Brawn and Bailie C Ahern) Refuse, on the grounds that the application is contrary to Policy 1A: Placemaking and Policy 17c: Residential Areas of Perth and Kinross Local Development Plan 2, as the proposed development will adversely impact the quality of the surrounding built and natural environment and character of the village of Carnbo. Amendment (Councillors D Illingworth and I James) Grant, subject to the following terms, conditions and informatives: Page 13 of 112
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Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason - To ensure the development is carried out in accordance with the approved drawings and documents. 3. 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 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. Page 14 of 112
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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 Page 15 of 112
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development, to the satisfaction of the Council as Planning Authority Reason - In the interests of protecting environmental quality and of biodiversity. 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. Page 16 of 112
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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, 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; Page 17 of 112
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(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. 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. Page 18 of 112
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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 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. In terms of Standing Order 21.5 a roll call vote was taken. 4 members voted for the Motion as follows: Bailie C Ahern, Councillors B Brawn, I Massie and G Stewart. 6 members voted for the Amendment as follows: Councillors E Drysdale, K Harvey, D Illingworth, I James, Bailie C McLaren and Councillor I MacPherson. Resolved: In accordance with the Amendment. THE COMMITTEE TOOK A 10 MINUTE RECESS. Page 19 of 112
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(iii) 24/00279/FLL - 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, Dunolly, Taybridge Drive, Aberfeldy (Report No. 24/280) 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 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. 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 Page 20 of 112
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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. 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 Page 21 of 112
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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 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. Page 22 of 112
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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. 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 Page 23 of 112
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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. 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 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. Page 24 of 112
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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. (iv) 24/01115/FLL - Alteration to dwellinghouse (in retrospect), 35 Simpson Wynd, Kinross, KY13 8GP (Report No. 24/281) Resolved: Grant, subject to the following terms, conditions and informatives: 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. Page 25 of 112
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6. PROPOSAL OF APPLICATION NOTICES (PAN) (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 (Report No. 24/282) Councillor I James requested due consideration be given to visual aspects, sightlines and disruption to the local community. The contents of the Report by the Strategic Lead – Economy, Development and Planning, were noted. Page 26 of 112
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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. 24/305) PROPOSAL: Section 42 application to modify Condition 1 (duration) of permission 15/01691/FLM LOCATION: Green Burn Wind Farm, Bridge of Cally Ref. No: 24/01142/FLM Ward No: P3- Blairgowrie & Glens Summary This report recommends approval of the application, as the proposed amendment to condition 1 of 15/01691/FLM, and development which would result, is considered to comply with the relevant provisions of the Development Plan. Furthermore, there are no material considerations apparent which outweigh the Development Plan. BACKGROUND AND DESCRIPTION OF PROPOSAL 1 The application relates to a site at Green Burn Windfarm, at land 1.2km west of Drumderg Farm, Alyth. The parent planning permission (application 15/01691/FLM) to which this application relates was granted in February 2018 and allows for the erection of a wind farm comprising of 11 turbines, a control building and ancillary works. The application was originally refused by Perth & Kinross Council and was appealed to the Scottish Government DPEA, where the appeal was upheld and planning permission was subsequently granted. This current application is for to amend the wording of Condition 1 of that permission. No physical changes to the project, as consented, are proposed as a result of this application. Condition 1 relates to the lifespan of the wind farm and is currently worded as follows: 2 The development hereby approved shall be subsist for a period of 25 years from the first date of generation of electricity from the development to the grid. Written confirmation of the first date of electricity generation on a commercial basis shall be provided to the Planning Authority no later than one calendar month after that date. 3 Reason: To define the duration of the planning permission. 4 In light of recent technological developments in the design and manufacture of wind turbines, the life expectancy of the development has increased. The 5(1)(i) Page 27 of 112
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proposed extension in time seeks to align the predicted operational life of the wind farm with the duration of the consent, and to also align the operation of the wind farm with associated financing of the scheme. The proposed turbines which would be installed have a predicted operational life of between 35 and 40 years, subject to appropriate maintenance, as evidenced by other sites in the UK where similar extensions in time have been sought. 5 Obtaining consent for the proposed extension in the operational life of the project would negate any likely requirement to extend the life of the scheme at a later date. This would assist with the longer-term management of the site by providing certainty as to its permitted operational life. It would also make the site more sustainable. This being the case, it is proposed to revise the wording of Condition 1 as follows: 6 The development hereby approved shall be subsist for a period of 40 years from the first date of generation of electricity from the development to the grid. Written confirmation of the first date of electricity generation on a commercial basis shall be provided to the Planning Authority no later than one calendar month after that date. 7 Reason: To define the duration of the planning permission. SITE HISTORY 8 14/00877/SCOP On 11 August 2014 for a proposed wind farm development 9 15/00004/PAN On 4 March 2015 for the development of a wind farm with installation of 11 turbines and associated works 10 15/01691/FLM Full planning permission was refused on 15 March 2017 for the erection of 11 wind turbines, control building and ancillary works. This was then granted on appeal to the DPEA. 11 23/00009/PAN On 14 June 2023 for the formation of an energy storage facility, including storage units, ancillary structures, substation compound containing transformers, erection of a control building, security and deer fencing, landscaping and associated works ENVIRONMENTAL IMPACT ASSESSMENT 12 The proposal is EIA development, as it is listed within Schedule 1 of the EIA Regulations. An Environmental Statement has been submitted with the application. PRE-APPLICATION CONSULTATION 13 No formal pre-application consultation was undertaken regarding the submission of a Section 42 application. Page 28 of 112
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14 The proposed development is classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009; therefore, the applicant was required to undertake formal pre-application consultation with the local community. However, in this instance, the application is to vary Condition 1 of the parent consent (15/01691/FLM ) and, therefore, further community consultation is not required as it has already been undertaken as part of the initial application. DEVELOPMENT PLAN 15 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 16 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. 17 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 11: Energy • Policy 14: Design, Quality and Place • Policy 18: Infrastructure First • Policy 29: Rural Development Perth and Kinross Local Development Plan 2019 18 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. 19 The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 1C: Placemaking • Policy 1D: Placemaking Page 29 of 112
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• Policy 2: Design Statements • Policy 6: Settlement Boundaries • Policy 8: Rural Business and Diversification • Policy 15: Public Access • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy • Policy 33C: Renewable and Low Carbon Energy: Decommissioning and Restoration of Existing Facilities. • Policy 33D: Renewable and Low Carbon Energy: Spatial Framework for Wind Energy • Policy 38C: Environment and Conservation: Local Designations • Policy 39: Landscape • Policy 41: Biodiversity • Policy 51: Soils • Policy 56: Noise Pollution • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals • Policy 61: Airfield Safeguarding Statutory Supplementary Guidance 20 • 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) PKC NON STATUTORY GUIDANCE 21 • 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) NATIONAL GUIDANCE 22 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 23 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements Page 30 of 112
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• PAN 69 Planning and Building standards Advice on Flooding • PAN 75 Planning for Transport Creating Places 2013 24 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. National Roads Development Guide 2014 25 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 36 As part of the planning application process the following bodies were consulted: External 37 Scottish Environment Protection Agency (SEPA) - No objection. 38 Historic Environment Scotland (HES) - No objection. 39 Transport Scotland - No objection. 40 NatureScot - No objection. However, NatureScot expects that any extension to the operational life of the wind farm should be accompanied with a revised CEMP that covers the extended duration of 40 years. The CEMP should be in place for the entire duration of the operational life of the wind farm. 41 Ministry of Defence (MoD) - Given that the locations and dimensions of the turbines have not been amended, there are no objections to the proposed Section 42 application, subject to the previously recommended conditions (Conditions 25, 27) being brought forward to this application. 42 National Air Traffic Services - No safeguarding objections to this proposal. 43 Perth & Kinross Heritage Trust (PKHT) - No objection to this proposal. However, the outstanding programme of works archaeological condition still applies and there is still work to be undertaken at the site in advance of construction. 44 Cairngorm National Park Authority (CNPA) - No objection. The Section 42 application is located out-with the park boundary. Page 31 of 112
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45 Mr Dick Bowdler (Wind Turbine Noise Consultant) - No objection and no comments to make on the noise issues in the application. Internal 46 Structures & Flooding - No objection. However, the applicant is advised to refer to Perth and Kinross Council’s Supplementary Guidance on Flood Risk and Flood Risk Assessment 2021, as it contains advice that is relevant to the proposal. 47 Biodiversity/Tree Officer - No objection, subject to the submission of an updated Habitat Management Plan and an updated Deer Management Plan, to be covered by conditions. 48 Conservation Team - No objection. There are no conservation concerns with the proposed Section 42 application. 49 Development Plan - No objection. The LDP2 and NPF4 both contain provision for the extension of such developments through the modification of conditions. 50 Transportation & Development - No objection to this proposal, subject to the original roads conditions that have not been discharged from application 15/01691/FLM being applied to this application 51 Community Greenspace - No objection and no comments to make on this application REPRESENTATIONS 52 No representations were received. ADDITIONAL STATEMENTS 53 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report ES Submitted 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 Not required APPRAISAL 54 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, Page 32 of 112
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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 55 The principle of the overall development approved by the parent application has been previously established through the approval of the extant planning permission (15/01691/FLM). That planning permission being a significant material consideration and therefore the principle of development is well- established and does not require to be reviewed through this S42 application. A site visit by Perth & Kinross Council in October 2024 confirmed that the previous consent has been lawfully implemented by virtue of the appropriate site access and track being constructed. It should be noted that the development could be fully built out and operated for 25 years under extant planning permission 15/01691/FLM. The current application seeks to extend the operational life of the development to 40 years. 56 In a wider context, since the original planning permission decision, there has been a change to the Development Plan through the adoption of LDP2 in 2019 and most recently NPF4 in February 2023. The changes within the Development Plan do not significantly change the way in which the overall development should be considered. The Scottish Government regards the extending the life of existing sites as a form of repowering, as reflected in NPF4. NPF4 Policy 11 ‘Energy’ sets out a positive approach to repowering, recognising the benefits of repowering existing sites and explicitly classifying the current use of a site as a wind farm as a material consideration in the consideration of repowering applications. Furthermore, LDP2 Policy 33B ‘Repowering and Extending Existing Facilities’, is applicable to this proposal as planning permission has already been implemented through the construction of the site access and track. This policy supports the extension of the operating period of the proposed infrastructure so that its permission does not expire before the end of its predicted operational life. 57 Furthermore, NPF4 Policy 11 ‘Energy’, offers conditional support for extending the life of existing wind farms, subject to the listed criteria, noting at criterion (f) that while permissions may be time limited, there is an expectation that areas identified for wind farms are expected to be suitable for use in perpetuity. In addition, NPF Policy 18 expects that existing infrastructure assets are used sustainably, and this would cover the proposed modification, subject to appropriate maintenance. 58 In light of the above, the technical amendment of Condition 1 to allow for an extension to the lifespan of the development, is considered to comply with the general terms of the Development Plan. Nevertheless, consideration must be given to the specific characteristics of the amendment within the context of the application site and whether any adverse impacts are identified. In terms of principle, the proposed Section 42 application is considered to be in Page 33 of 112
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accordance with the relevant LDP 2 Policies, and NPF4 Policies 2,4,11,14,18, and 29. Natural Heritage and Biodiversity 59 This application is to extend the lifespan of the wind farm from 25 years to 40 years. The original consent required a Habitat Management Plan be submitted to satisfy condition 16 which was provided in 2022. However, the Habitat Management Plan lacks sufficient detail regarding monitoring and given that the lifespan of the development is being increased to 40 years, an updated Habitat Management Plan is required to cover the new lifespan. This being the case, Condition 16 has been updated to require an Updated Habitat Management Plan. In addition, Condition 21 has been updated to ensure that an updated Deer Management Plan is submitted for approval. 60 As a result of further consultation with NatureScot, and in line with Condition 9 of 15/01691/FLM, Condition 9 has been updated to ensure that a revised CEMP is submitted for approval, covering the extended duration of 40 years. The CEMP should be in place for the entire duration of the operational life of the wind farm. Therefore, and subject to the aforementioned conditions, the proposed extension to the wind farm is considered to be in accordance with LDP2 Policy 41 ‘Biodiversity’ and NPF4 Policy 3 ‘Biodiversity’. Visual Impact 61 The overall layout and design of Green Burn Wind Farm has created a visually balanced and coherent layout of turbines when viewed from the surrounding landscape. Furthermore, given the height, spacing and overall appearance of the turbines, there is a satisfactory visual relationship with the turbines at the neighbouring Drumderg Wind Farm. The proposed layout has utilised the contours of the landscape to minimise any adverse visual impact. However, given the number of similar wind farm developments in the surrounding area, it can be said that this use forms a major part of the local landscape character. In light of this, the proposed extension to the lifespan of the development will not, overall result in any significant increase in visual impact. Low and Zero Carbon Generating Technologies 62 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 does not include the erection of any new buildings, Policy 32 does not direct apply to this Section 42 application. Developer Contributions 63 Not applicable to this application. Page 34 of 112
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VARIATION OF APPLICATION UNDER SECTION 32A 64 This application was not varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 65 None required. DIRECTION BY SCOTTISH MINISTERS 66 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. Other Matters 67 As part of this application, it is appropriate to consider and review other material considerations and associated conditions in the extant planning permission (15/01691/FLM) given the changes to the Development Plan since that permission was granted. There were 33 planning conditions, and it is good practice, where seeking to approve a S42 application, to review and update conditions to meet current regulations and requirements. Similarly, any conditions that still require to be addressed or adhered to, should remain. The original suite of conditions has therefore been reviewed and updated reflective of the ongoing nature of the development, and the time that has elapsed since the parent consent was granted. CONCLUSION AND REASONS FOR RECOMMENDATION 68 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. RECOMMENDATION Approve subject to the following conditions: Conditions and Reasons for Recommendation 1. The development hereby approved shall be subsist for a period of 40 years from the first date of generation of electricity from the development to the grid. Written confirmation of the first date of electricity generation on a commercial Page 35 of 112
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basis shall be provided to the Planning Authority no later than one calendar month after that date. Reason: In view of the nature of the proposed development and to enable the Planning Authority to review the circumstances pertaining to the proposal within a reasonable period of time. 2. For the avoidance of doubt, should no further lawful works be commenced within a period of 5 years from the date of this decision notice, then this Section 42 will not be considered to be lawfully implemented. Reason: To clarify the terms of the planning permission. 3. The operators of the development hereby approved shall at all times accord with the details forming the subject of this planning permission in accordance with the approved plans and other supporting information, including the Environmental Statement (ES) and Supplementary Environmental Information (SEI), except as amended by the terms of the approval hereby given and shall not amend the development, including changes to the make, model or colour of the turbines without the prior written consent of the Planning Authority. Reason: To ensure the development is carried out in accordance with the approved drawings and documents. 4. Prior to any development being undertaken, full details of the proposed wind turbines (including, but not limited to, the power rating and sound power levels, the size, type, external finish and colour) and all associated apparatus shall be submitted to and approved in writing by the Planning Authority. The turbines shall be consistent with the candidate turbine or range assessed in the ES/SEI, and the blade tip height shall not exceed 115 metres above ground level. The turbines should be non-reflective pale grey semi-matt in colour. The development shall be constructed and operated in accordance with the approved details and maintained in the approved colour, until such time as the wind farm is decommissioned. All wind turbines blades shall rotate in the same direction. None of the wind turbines, transformer buildings/enclosures, ancillary buildings or above ground fixed plant shall display any name, logo, sign or other advertisement (other than health and safety or operational signage) unless otherwise approved in advance in writing by the Planning Authority. Reason: In the interests of visual and residential amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 5. Prior to any development being undertaken, final details of the external appearance, dimensions, surface materials of the sub-station building, associated compounds, any construction compound boundary fencing, external lighting and parking areas shall be submitted to and approved in writing by the Planning Authority. The sub-station building, associated compounds, fencing, external lighting and parking areas shall be constructed in accordance with the approved details. Page 36 of 112
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Reason: In the interests of visual and residential amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 6. All wind turbines, buildings, masts, areas of hardstanding and tracks shall be constructed in the location as shown on the SEI Site Layout Plan Figure 1.2, dated 7 July 2015 (application 15/01691/FLM relates). Wind turbines, buildings, masts, areas of hard standing, tracks and other infrastructure may be adjusted by micro-siting within the site. However, unless otherwise approved in advance in writing with the Planning Authority, micro-siting is subject to the following restrictions: a) the turbines and associated crane pads shall be erected in the positions indicated on the Site Layout Plan, save for the ability to vary the indicated position of any turbine and associated crane pad by up to 50 metres, with any variation in height above ordnance datum (AOD) limited to plus or minus 5 metres under the supervision of the Environment Clerk of Works (ECOW) appointed under condition 8 below. Variation in the position of a turbine and associated crane pad between 50 metres and 100 metres or any variation in AOD from the approved position being greater than 5 metres in height shall only be permitted with the prior written approval of the Planning Authority; b) the internal access tracks shall be constructed in the positions indicated on the Site Layout Plan, save for the ability to vary the indicated position of the track to reflect any micro-siting directly attributed to permitted turbine micro-siting, otherwise by up to 50 metres under the supervision of the ECOW, appointed under condition 8 below. Variation between 50 metres and 100 metres in the position of the approved track which does not directly relate to the permitted turbine micro-siting under condition 6 shall only be permitted with the prior written approval of the Planning Authority; and, c) all micro-siting permissible under this condition must be approved in advance in writing by the ECOW. Reason: In the interests of visual and residential amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 7. Prior to any development being undertaken, an updated Site Layout Plan shall be submitted to the Planning Authority indicating the final position of all wind turbines, areas of hardstanding, tracks and associated infrastructure forming part of the development. The Plan should also specify areas where micro- siting has taken place under condition 6 and, for each instance, be accompanied by copies of the ECOW or Planning Authority’s approval, as applicable. Page 37 of 112
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Reason: In the interests of visual and residential amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 8. Prior to any development being undertaken, the Planning Authority shall approve in writing the terms of reference of the appointment of an independent and suitable qualified consultant(s) to act as Environmental Clerk of Works (ECOW) for the site at the developer’s expense. The ECOW shall undertake a watching brief throughout the construction of all roads, cable tracks, compounds, turbine bases and hard standing areas and, in consultation with the Planning Authority, shall have the authority to stop operations or to alter construction methods should there be any works occurring which are having a significant adverse impact on the natural heritage of the site. The ECOW shall have responsibility for the following: a) monitoring compliance with the mitigation works related to the development as set out in the Construction Environment Management Plan (CEMP) at condition 9 below; b) advising the developer on adequate protection of nature conservation interest on the site, including altering construction practices if existing practices are having a significant adverse impact on the natural heritage of the site; c) advising on the acceptability of micro-siting of turbines, tracks or other infrastructure. If any protected species are found on site, the ECOW shall ensure that work is suspended at that location until a protected species protection plan has been prepared and implemented; d) submitting a monthly report for the review of the Planning Authority during construction operations; and, e) the ECOW is required to notify the Planning Authority in writing, and copied to the developer, at the earliest practical opportunity if: i. there has been a requirement to stop or alter works in relation to this condition; and, ii. it is considered that there has been a non-compliance within the terms of the deemed planning permission and the conditions attached to it. The ECOW shall be appointed on the approved terms of reference throughout the period beginning no later than two weeks prior to the commencement of the development to completion of post construction restoration works. Reason: In the interest of proper site management and to protect the character of the countryside, the visual amenity of the area and nature conservation interests. 9. Prior to any development being undertaken, a revised Construction and Environmental Management Plan (CEMP), covering the revised period of 40 years, and outlining site specific details of all on-site construction works, post construction reinstatement works, drainage and mitigation, together with Page 38 of 112
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details of their timetabling, shall be submitted to, and approved in writing by, the Planning Authority. The CEMP shall include, but not be limited to: a) a site waste management plan to address all aspects of waste produced during the construction period, other than peat, including details of contingency planning in the event of accidental release of materials which could cause harm to the environment; b) details of the formation of the construction compounds, welfare facilities, any areas of hardstanding, turning areas, internal access tracks, car parking, material stockpiles, oil storage, lighting columns, and any construction compound boundary fencing; c) a dust management plan; d) site specific details for the management and operation of any concrete batching plant, including the disposal of pH rich waste water substances. The concrete batching plant should be a closed system and located within a site compound; e) details of measures to be taken to prevent loose or deleterious material being deposited on the local road network, including wheel cleaning and lorry sheeting facilities and measures to clean site entrances and the adjacent local road network; f) a pollution prevention and control method statement; g) a soil storage and management plan; h) a peat management plan, which shall include details of vegetated turf stripping and storage, peat extraction (including volumes), handling, storage and re-use; i) a drainage management strategy, demonstrating how all surface and waste water arising during and after development will be managed and prevented from polluting any watercourses or source; j) a surface water and groundwater management and treatment plan, including details of the separation of clean and dirty water drains and the location of settlement lagoons for silt laden water; k) a sewage disposal and treatment plan; l) details of temporary site illumination; m) details of the construction of the accesses into the site and the creation and maintenance of associated vision splays; n) the method of crane pad construction; Page 39 of 112
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o) the method of turbine foundation construction; p) the method of working for cable trenches; q) the method of wind turbine construction and erection; r) details of watercourse crossings; s) details of post-construction / reinstatement of the working areas not required during the operation of the development, including construction access tracks, construction compounds, storage areas, laydown areas, access tracks, passing places and other construction areas. Wherever possible, reinstatement is to be achieved by the careful use of turfs removed during construction works. Details shall also include all seed mixes proposed to be used for the reinstatement of surface vegetation, which should be sourced locally; t) a wetland ecosystems survey and mitigation plan; u) a Habitat Management Plan, as required by condition 16; v) measures to ensure that the temporary storage of all materials, whether excavated or required for construction purposes, are stored on the side of an excavation away from Special Areas of Conservation (SAC), where practicable or optimal given other environmental considerations; w) details of the temporary fencing to be erected on the SAC side of turbine WTG3 construction area; which is required to prevent plant machinery and materials straying close to the SAC. The fence should be a minimum 100 metres from the edge of the SAC. Turbines and tracks must be located at least 50 metres from the boundary of the SAC; and, x) details of required interceptor drainage, or other devices, to be used between the construction area and the SAC, so as to divert any silt laden water away from the SAC. In addition, details of measures required to avoid silted run-off reaching the watercourse to the north of turbine 3. Any drains cut for these purposes to be restored post-construction; The development shall be implemented thereafter in accordance with the approved CEMP unless otherwise approved in advance in writing by the Planning Authority. Reason: In the interests of protecting environmental quality and of biodiversity; to ensure no adverse impact on River Tay and its Special Area of Conservation designation. 10. Construction work which is audible from any noise-sensitive receptor shall only take place on the site between the hours of 07.00 and 19.00 Monday to Saturday inclusive, with no construction work taking place on Sundays or national public holidays. Outwith these specified hours development on the Page 40 of 112
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site shall be limited to turbine erection, maintenance, emergency works, dust suppression, and the testing of plant and equipment, unless otherwise approved in advance in writing by the Planning Authority. HGV movements to and from the site (excluding abnormal loads) during construction of the wind farm shall only take place between the hours of 07.00 to 19.00 Monday to Friday and 07.00 to 16.00 on Saturdays, with no HGV movements to and from the site taking place on Sundays or national public holidays. Reason: In order to safeguard the residential amenity of the area. 11. Prior to any development being undertaken, the developer shall submit for the written approval of the Planning Authority a Construction Traffic Management Scheme (TMS). The TMS shall include: a) the restriction of construction traffic to approved routes and the measures to be put in place to avoid the use of other routes; b) the travel times of construction traffic in order to minimise its impact on local communities, particularly at the start and end of the school day, on days when refuse collection is undertaken, during local events and on Sundays; c) a code of conduct for HGV drivers to allow queuing traffic to pass; d) arrangements to be put in place to ensure liaison between the council, as Roads Authority, and the developer regarding the winter maintenance of roads; e) emergency measures 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 the 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; i) details of information signs to inform other road users of construction traffic movements; j) arrangements to ensure that access for emergency services are not impeded; k) co-ordination with other major commercial users known to use the roads affected by construction traffic; Page 41 of 112
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l) monitoring, reporting and implementation arrangements; and, m) arrangements for dealing with the non-compliance of matters highlighted in clauses a) to l) above. The TMS, as approved, shall be strictly adhered to throughout the construction phase of the development all to the satisfaction of the council as Planning Authority Reason: In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 12. Prior to the commencement of abnormal load deliveries to the site, the proposed route for any abnormal loads on the trunk road network must be approved by the trunk roads authority prior to its movement. Any accommodation measures required on the trunk road network, including the removal of street furniture, junction widening, traffic management must also be approved by the trunk roads authority. Reason: In the interests of road safety. 13. During the delivery period of wind turbine construction materials, any additional signage or temporary traffic control measures deemed necessary on the trunk road network due to the size or length of any loads being delivered or removed must be undertaken by a recognised QA traffic management consultant, to be approved by Transport Scotland before deliveries commence. Reason: In the interests of road safety. 14. Prior to any development being undertaken, a specification for the proposed Northern access shall be submitted to the Council as Planning Authority for written approval. Thereafter, the agreed scheme shall be constructed in accordance with the submitted drawings, prior to the delivery of any turbine components. Reason: In the interests of road safety; to ensure the provision of adequate visibility of the vehicular access 15. Prior to any development being undertaken, a scheme providing for (i) remedial work as required as a result of damage to the local road network directly attributable to the construction of the wind farm and (ii) pre- / post- construction surveys of the local road network shall be submitted to and approved in writing by the Planning Authority. The scheme shall be implemented as agreed. Reason: In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. Page 42 of 112
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16. Prior to any development being undertaken, the developer shall submit an Updated Habitat Management Plan to the Planning Authority for its written approval. The Habitat Management Plan shall set out measures for the management of habitats within the wind farm site during the periods of construction, operation, decommissioning, restoration and aftercare. The Plan shall also provide for the maintenance, monitoring and reporting of species in the area as appropriate and required. The Updated Habitat Management Plan shall make provision for the regular monitoring and review of species and their habitats and allow for the consideration of amendments to better meet the objectives of the Plan. In particular, the Updated Habitat Management Plan shall be updated to reflect the findings of ground condition surveys to be undertaken following construction of the turbines and prior to the first date of generation of electricity from the development to the grid. Unless otherwise agreed in writing with the Planning Authority, the approved Updated Habitat Management Plan shall be first implemented in the 6 months preceding the commencement of development and thereafter throughout the operational life of the development, in accordance with timescales specified in the approved Updated Habitat Management Plan. 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 any development being undertaken, details of the pre-construction survey work for legally protected species (other than birds which are to be surveyed in accordance with condition 18) shall be submitted to and approved in writing by the Planning Authority. The details to be approved shall include: a) the species to be surveyed; and, b) the areas to be surveyed (including all areas directly affected by construction activity, together with appropriate species specific buffers in order to identify any species that may be disturbed by construction activity and to allow for the micro siting of turbines where necessary). The surveys shall be carried out as approved at an appropriate time of year for each species and prior to construction works taking place. The species to be surveyed shall include, but not limited to, wild cat and otter. A watching brief should also be undertaken by the ECOW during construction activities should new species habitats be identified. The Planning Authority shall thereafter approve in writing any species protection plans as required, with reference to information contained in the ES, SEI and pre-construction surveys. Reason: In the interests of protecting environmental quality and of biodiversity. 18. Prior to any development being undertaken, a specification and timetable for a pre-construction bird survey, in respect of protected species and the nests of any breeding birds on the site shall be submitted to and approved in writing by Page 43 of 112
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the Planning Authority. The surveys shall be undertaken by a qualified ecologist in accordance with the approved specification and timetable in the breeding season preceding the commencement of site preparation and construction works. The results of the surveys, and a programme of any consequential mitigation measures that may be required, including a timetable for their implementation, shall be submitted to and approved in writing by the Planning Authority prior to any works associated with the development taking place. The programme of mitigation measures shall be implemented as approved under the supervision of a qualified ecologist all to the satisfaction of the Planning Authority. Reason: In the interests of protecting environmental quality and of biodiversity. 19. Prior to any development being undertaken, a specification and timetable for a post construction monitoring survey of Black Grouse shall be submitted to and approved in writing by the Planning Authority. The survey shall be undertaken by a qualified ecologist in accordance with the approved specification and timetable. The survey results, a programme of any consequential mitigation measures that may be required, including a timetable for their implementation, shall be submitted to the Planning Authority for its written approval within 2 months of the completion of the survey work. The programme of mitigation measures shall be implemented as approved under the supervision of a qualified ecologist all to the satisfaction of the Planning Authority. Reason: In the interests of protecting environmental quality and of biodiversity. 20. No works, including the construction of turbines and access tracks and decommissioning works shall be undertaken within 750 metres of any Black Grouse lek before 9 am during the black grouse breeding season; March and April. Reason: In the interests of protecting environmental quality and of biodiversity. 21. Prior to any development being undertaken, an updated Deer Management Plan shall be submitted to and approved in writing by the Planning Authority. The Updated Deer Management Plan shall set out measures for the long-term management of deer using the wind farm site and shall provide for the monitoring of deer numbers on the site from the commencement of development until the completion of site restoration works. The approved Updated Deer Management Plan shall thereafter be implemented in full. Reason: In the interests of protecting environmental quality and of biodiversity. 22. No development shall take place within the area outlined in red as shown on the approved SEI Site Layout Plan Figure 1.2, dated 7 July 2015, of Page 44 of 112
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application 15/01691/FLM, until a programme of archaeological works has been submitted to and approved in writing by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeology works is fully implemented. Reason: In the interests of protecting environmental quality and of biodiversity. 23. Prior to any development being undertaken, measures for the avoidance or mitigation of any shadow flicker experienced by residential or commercial properties situated within 10 rotor diameters of any turbine forming part of the development and which lawfully exists or for which planning permission has been granted at the date of this planning permission shall be submitted to, and approved in writing by, the Planning Authority. The approved mitigation measures shall thereafter be implemented in full. Reason: In order to safeguard the residential amenity of the area. 24. Prior to any development being undertaken, a Television Reception Mitigation Plan shall be submitted to, and approved in writing by, the Planning Authority. The Television Reception Mitigation Plan shall establish a baseline level of television reception prior to the installation of any turbine forming part of the development, the results of which shall be submitted to the Planning Authority. The approved Television Reception Mitigation Plan shall thereafter be implemented in full. Any claim by any individual person regarding television picture loss or interference at their house, business premises or other building, made during the period from the installation of any turbine forming part of the development to the date falling twelve months after the date of final commissioning, shall be investigated by a qualified engineer appointed by the developer, the results of which shall be submitted to the Planning Authority. Should any impairment to the television signal be attributable to the development, the developer shall remedy such impairment so that the standard of reception at the affected property, or properties, is equivalent to the baseline television reception established in the Television Reception Mitigation Plan. Reason: In order to safeguard the residential amenity of the area. 25. Prior to any development being undertaken, the developer shall provide to the Planning Authority, Ministry of Defence, Defence Geographic Centre and NATS the following information, and has provided evidence to the Planning Authority of having done so: a) the date of the expected commencement and conclusion of each phase of construction; b) the maximum height above ground level of the tallest structure forming part of the development; c) the maximum extension height of any construction equipment; and d) the position of the turbines in latitude and longitude. Page 45 of 112
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Reason: In the interest of protecting the safety of airports 26. On completion of the development, the developer shall notify the Ministry of Defence of the final latitude, longitude and elevation of each turbine should it be different to that information provided in condition 25. Reason: In the interest of protecting the safety of airports 27. Prior to the erection of the first turbine, the developer shall submit to the Planning Authority for its written approval a scheme for the installation of Ministry of Defence accredited aviation safety lighting. The scheme shall include details of the infra-red aviation lighting to the applied. No lighting other than that described in the scheme may be installed at the site, other than that required for health and safety purposes. All perimeter turbines should be fitted with 25 candela omni-directional red lighting or infrared lighting with an optimised flash pattern of 60 flashes per minute of 200-500 milliseconds duration at the highest practicable point. Thereafter the development shall be operated in accordance with the approved scheme. Reason: In the interests of visual and residential amenity; to ensure a satisfactory standard of local environmental quality 28. If one or more turbines fail to generate electricity for a continuous period of 12 months, then unless otherwise agreed in writing by the Planning Authority, no later than the date of expiration of the 12 month period, the developer shall: (i) by no later than six months from the date of expiration of the 12 month period, submit a scheme to the Planning Authority setting out how the relevant turbines(s) and associated infrastructure will be removed from the site and the ground restored; and (ii) implement the approved scheme within six months of the date of its approval, all to the satisfaction of the Planning Authority Reason: In the interest of proper site management. 29. The development shall be decommissioned and will cease to generate electricity by no later than the date falling 40 years from the first date of generation of electricity from the development to the grid. The total period for restoration of the site in accordance with this condition shall not exceed three years from the date falling 40 years from the first date of generation of electricity from the development to the grid without the prior written approval of the Planning Authority. No development shall take place until a strategy for the decommissioning, restoration and aftercare of the site has been submitted to and approved in writing by the Planning Authority. The strategy shall describe measures for the decommissioning of the development, restoration and aftercare of the site and shall include, without limitation, proposals for the removal of the above ground elements of the development, the treatment of ground surfaces, the management and timing of the works, and environmental management provisions. No later than one year prior to the decommissioning of the development or the expiration of this planning Page 46 of 112
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permission (whichever is the earlier) a detailed Decommissioning, Restoration and Aftercare Plan, based upon the approved decommissioning, restoration and aftercare strategy shall be submitted to the Planning Authority for its written approval. The detailed Decommissioning, Restoration and Aftercare Plan shall provide updated and detailed proposals for the removal of the development, the treatment of ground surfaces, the management and timing of the works, and environmental management provisions, including: a) a site waste management plan, dealing with all aspects of waste produced during each phase of decommissioning, restoration and aftercare; b) details of the formation of the compound(s), welfare facilities, any area of hardstanding, turning areas, internal access tracks, car parking, material stockpiles, oil storage, lighting columns, and any compound boundary fencing; c) a dust management plan; d) details of the measures to be taken to prevent loose or deleterious material being deposited on the local road network, including wheel cleaning and lorry sheeting facilities and measures to clean site entrances and the adjacent local road network; e) a pollution prevention and control method statement, including arrangements for the storage and management of oil and fuel on the site; f) soil storage and management; g) a surface water and groundwater management and treatment plan, including details for the separation of clean and dirty water drains and the location of settlement lagoons for silt laden water; h) sewage disposal and treatment; i) temporary site illumination; j) the construction of any temporary access into the site and the creation and maintenance of associated visibility splays; k) details of watercourse crossings; and, l) a species protection plan based on surveys for protected species (including birds) carried out no longer than 18 months prior to the submission of the species protection plan. The development shall be decommissioned, restored and cared for thereafter in accordance with the approved plan, unless otherwise agreed in writing in advance with the Planning Authority. Page 47 of 112
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Reason: To ensure the turbines are removed from the site at the end of their operational life, and to protect the character of the countryside, the visual amenity of the area and nature conservation interests. 30. No later than one year prior to the decommissioning of the development or the expiration of this planning permission (whichever is the earlier) the Planning Authority shall approve in writing the terms of reference for the appointment of an independent and suitably qualified consultant(s) to act as Environmental Clerk of Works (ECOW) to oversee the decommissioning, restoration and aftercare of the site. The appointment of the ECOW shall be at the developer’s expense. The ECOW shall undertake a watching brief throughout the decommissioning phase of the development, the restoration of the site and its aftercare and shall have authority to stop operations or alter the means of decommissioning, restoration and aftercare should there be any works occurring which are having a significant adverse impact on natural heritage. The ECOW shall have responsibility for the following: a) monitoring compliance with the measures set out in the approved Decommissioning, Restoration and Aftercare Plan at condition 29; b) advising the developer on adequate protection of nature conservation interest on the site, including altering decommissioning, restoration or aftercare practices if existing practices are having a significant adverse impact on the natural heritage of the site; c) advising on the acceptability of the siting of compounds, welfare facilities, any area of hardstanding, turning areas, internal access tracks, car parking, material stockpiles, oil storage, lighting columns, and any compound boundary fencing infrastructure. If any protected species are found on site, the ECOW shall ensure that work is suspended at that location until a protected species protection plan has been prepared and implemented; d) submitting a monthly report for the review of the Planning Authority during decommissioning, restoration and aftercare operations; and, e) the ECOW is required to notify the Planning Authority in writing, and copied to the developer, at the earliest practical opportunity if: i. there has been a requirement to stop or alter works in relation to this condition; and, ii. it is considered that there has been non-compliance within the terms of the deemed planning permission and the conditions attached to it. The ECOW shall be appointed on the approved terms of reference throughout the period beginning no later than two weeks prior to the commencement of decommissioning, restoration and aftercare works. Page 48 of 112
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Reason: To ensure the turbines are removed from the site at the end of their operational life, and to protect the character of the countryside, the visual amenity of the area and nature conservation interests. 31. Prior to any development being undertaken, the developer shall deliver to the Planning Authority a bond or other form of financial guarantee, in terms acceptable to the Planning Authority, which secures the cost of performance of all decommissioning, restoration and aftercare obligations set out in condition 29. The financial guarantee shall thereafter be maintained in favour of the Planning Authority until the date of completion of decommissioning, restoration and aftercare obligations set out in condition 29. The value of the financial guarantee shall be determined by a suitably qualified independent professional as being sufficient to meet the costs of all decommissioning, restoration and aftercare obligations contained in condition 29. The value of the financial guarantee shall be reviewed by a suitably qualified independent professional no less than every five years and increased or decreased to take account of any variation in costs of compliance with decommissioning, restoration and aftercare obligations and best practice prevailing at the time of each review to the satisfaction of the Council as Planning Authority. Reason: To ensure that at all times there are sufficient funds available to ensure that the removal of all development and site restoration can occur. 32. Prior to any development being undertaken, a community liaison group consisting of the developer, the Planning Authority and Community Councils identified by the Planning Authority shall be established in order to communicate and update on changes to the Construction Traffic Management Schem (CTMS) as agreed by the Planning Authority. Reason: to ensure that the local community is kept informed on the scheduled timing of abnormal loads and routing of construction traffic during the course of construction works. 33. The rating level of noise immissions from the combined effects of the wind turbines hereby permitted (including the application of any tonal penalty and amplitude modulation (AM) penalty), when determined in accordance with the attached Guidance Notes, shall not exceed the values for the relevant integer wind speed set out in or derived from tables 1 and 2 attached to this condition and: Page 49 of 112
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Table 1: Green Burn Only Daytime Noise Limit LA90 (dB) Page 50 of 112
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Table 2: Green Burn Only Night-time Noise Limit LA90 (dB) Wind Speeds (m/s) a) prior to the commencement of work on the site the wind farm operator shall submit to the Planning Authority for its written approval a method statement describing how the selected turbines will meet the conditional limits including details of any mitigation necessary; b) within 21 days from receipt of a written request from the Planning Authority, following a complaint to it alleging noise disturbance at a dwelling, the wind farm operator shall, at its expense, employ a suitably qualified independent consultant and provide a written protocol for the approval of the Planning Authority. The protocol shall describe the procedure to assess the level and character of noise immissions from the wind farm at the complainant’s property in accordance with the procedures set out in the Guidance Notes below. The written request from the Planning Authority shall set out as far as it is possible the time or metrological conditions to which the complaint relates and time or conditions relating to tonal noise or AM if applicable. Measurements to assess compliance with the noise limits shall be undertaken in Page 51 of 112
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accordance with the assessment protocol which shall be approved in writing by the Planning Authority; c) the wind farm operator shall provide to the Planning Authority the independent consultant’s assessment of the rating level of noise immissions undertaken in accordance with the protocol within 2 months of the date of the approval of the protocol by the Planning Authority, unless otherwise agreed by the Planning Authority. The assessment shall include all data collected for the purposes of undertaking the compliance measurements and analysis, such data is to be provided in a format to be agreed with the Planning Authority. Certificates of calibration of the equipment shall also be submitted to the Planning Authority with the report; and d) where a further assessment of the rating level of noise immissions from the wind farm is required pursuant to Guidance Note 5 of the attached Guidance Notes, the wind farm operator shall submit a copy of the further assessment within 21 days of the submission of the independent consultant’s initial assessment, unless otherwise agreed by the Planning Authority. Reason: to protect the amenity of local residents. Guidance Notes in respect of Noise Condition 33 These notes are to be read with and form part of the noise condition 33. The measured data is to be split into bins as described below. The rating level in each bin is the arithmetic sum of the wind farm noise level, any tonal penalty applied in accordance with Note 3 and any AM penalty applied in accordance with Note 4. Reference to ETSU-R-97 refers to the publication entitled ‘The Assessment and Rating of Noise from Wind Farms’ (1997) published by the Energy Technology Support Unit (ETSU) for the Department of Trade and Industry (DTI). IOAGPG is ‘A Good Practice Guide to the Application of ETSU-R-97 for the Assessment and Rating of Wind Turbine Noise’ or any update of that report current at the time of measurement. The IOA Metric is ‘A Method for Rating Amplitude Modulation in Wind Turbine Noise’, dated 9 August 2016 or any update of that current at the time of measurement. Note 1 – Data Collection a) Values of the LA90, 10-minute noise index should be measured in accordance with the IOAGPG. Measurements shall be undertaken in such a manner to enable a tonal penalty to be calculated and to allow an AM penalty to be calculated for selected periods where a tonal or AM assessment is required; and, b) To enable compliance with the condition to be evaluated, the wind farm operator shall continuously log arithmetic mean wind speed in metres per second (m/s) and arithmetic mean wind direction in metres from north in each successive 10-minutes period in a manner to be agreed in writing with the Page 52 of 112
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Planning Authority. The wind speed at turbine hub height shall be
'standardised' to a reference height of 10 metres as described in ETSU-R-97
at page 120 using a reference roughness length of 0.05 metres. It is this
standardised 10 metre height wind speed data which are correlated with the
noise measurements determined as valid. The wind farm operator shall
continuously log arithmetic mean nacelle anemometer wind speed, arithmetic
mean nacelle orientation, arithmetic mean wind direction as measured at the
nacelle and whether each wind turbine is running normally during each
successive 10-minutes period for each wind turbine on the wind farm. All 10-
minute periods shall commence on the hour and in 10-minute increments
thereafter synchronised with Universal Time (UT).
Note 2 – Data Analysis
a) The independent consultant shall identify a sub-set of data having had regard
to:
• the conditions (including time of day and corresponding wind directions
and speeds) at times in which complaints were recorded;
• the nature/description recorded in the complaints if available;
• information contained in the written request from the local Planning
Authority;
• likely propagation effects (downwind conditions or otherwise);
• the results of the tonality/AM analysis where relevant. In cases where it is
possible to identify patterns of clearly different conditions in which
complaints have arisen, additional sub-sets may be considered provided
this does not introduce unreasonable complexity in the analysis and can
be justified by the independent consultant. b) Within each of sub-set(s) of
data identified, data shall be placed into separate 1 m/s wide wind speed
bins.
Note 3 – Tonal Penalty
a) Where, in accordance with the protocol, the noise contains or is likely to
contain a tonal component, a tonal audibility shall be calculated for each ten-
minute period using the following procedure;
b) For each 10-minute period for which a tonal assessment is required this shall
be performed on noise immissions during 2-minutes of each 10-minute period.
The 2- minute periods should be spaced at 10-minute intervals provided that
uninterrupted uncorrupted data are available ("the standard procedure");
c) For each of the 2-minute samples the tone level above audibility shall be
calculated by comparison with the audibility criterion given in Section 2.1 on
pages 104 -109 of ETSU-R-97. Samples for which the tones were below the
audibility criterion or no tone was identified, a value of zero audibility shall be
substituted; and,
d) The tone level above audibility for each ten-minute period shall be placed in
the appropriate data sub-set and wind speed bin.
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Note 4 – AM Penalty a) Where, in accordance with the protocol, the noise contains or is likely to contain AM, an AM penalty shall be calculated for each ten-minute period using the following procedure; and, b) For each 10-minute interval for which an AM assessment is required this shall be performed in accordance with The IOA Metric. The value of AM for each ten-minute period shall be converted to a penalty in decibels in accordance with the graph below and shall be placed in the appropriate data sub-set and wind speed bin. Note 5 – Calculation of Rating Level a) The LA90 sound pressure level for each data sub-set and wind speed bin is the average of all the 10 minute sound pressure levels within that data sub-set and wind speed bin except where data has been excluded for reasons which should be clearly identified by the independent consultant. The tonal penalty for each bin is the average of the separate 10-minute tonal audibility levels in the bin converted to a penalty in accordance with Fig 17 on page 104 of ETSU-R-97. The AM penalty for each bin is the average of the AM penalties in the bin. The assessment level in each bin is the arithmetic sum of the bin LA90, the bin tonal penalty and the bin AM penalty; b) If the assessment level in every bin lies at or below the values set out in the Table(s) attached to the conditions then no further action is necessary. In the event that the assessment level is above the limit(s) set out in the Tables attached to the noise conditions in any bin, the independent consultant shall undertake a further assessment of the rating level to correct for background noise so that the rating level relates to wind turbine noise immission only; and, Page 54 of 112
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c) The wind farm operator shall ensure that all the wind turbines in the development are turned off for such periods as the independent consultant requires to undertake the further assessment. The further assessment shall be undertaken in accordance with the following steps: i. Repeating the steps in Note 1, with the wind farm switched off, and determining the background noise (L3) in each bin as required in the protocol. At the discretion of the consultant and provided there is no reason to believe background noise would vary with wind direction, background noise the background noise in bins where there is insufficient data can be assumed to be the same as that in other bins at the same wind speed. ii. The wind farm noise (L1) in each bin shall then be calculated as follows where L2 is the measured level with turbines running but without the addition of any tonal nor AM penalty: iii. The rating level shall be calculated by adding the tonal and AM penalties to the derived wind farm noise L1 in that bin. iv. If the rating level after adjustment for background noise contribution and adjustment for tonal and AM penalties in every bin lies at or below the values set out in the Tables attached to the condition at all wind speeds then no further action is necessary. If the rating level at any integer wind speed exceeds the values set out in the Table(s) attached to the condition then the development fails to comply with the planning condition in the circumstances represented by that bin. Reason: In the interests of amenity and to prevent undue noise from the wind farm. 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. As soon as practicable after the development is complete, the person who completes the development is obliged by section 27B of the Town and Page 55 of 112
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Country Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. Please use the form attached herewith. 2. 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: No letters of representation Contact Officer: Alan Atkins Date: 1 November 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING Page 56 of 112
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Ü Section 42 to modify Condition 1 (duration) of permission 15/01691/FLM, Green Burn Wind Farm, Bridge of Cally 24/01142/FLM Scale 1:25,000 Planning and Placemaking Committee - 13 November 2024 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(i) Page 57 of 112
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Ü Section 42 to modify Condition 1 (duration) of permission 15/01691/FLM, Green Burn Wind Farm, Bridge of Cally 24/01142/FLM Scale 1:15,000 Planning and Placemaking Committee - 13 November 2024 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(i) Page 59 of 112
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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. 24/306) PROPOSAL: Change of use and alterations to dwellinghouse to form 2 short-term let accommodation units LOCATION: Lagreach Cottage, Lagreach Lane, Pitlochry, PH16 5QW Ref. No: 24/00085/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. The proposal is for a change of use of a dwellinghouse to form two short-term let accommodation units with associated alterations. 2. The application site is Lagreach Cottage, a 19th century traditional stone and lime constructed cottage. It is located in a residential area at Lagreach Lane, accessed from Atholl Road (A924), at the western edge of Pitlochry. 3. The 3-bedroom cottage has been vacant for 5 years. There is an external store attached to the building and this is to form part of the conversion and change of use. The cottage has an area of parking for five (5) vehicles and there is garden ground on both sides of the property (north and south) with the garden to the north bound in part by a low stone wall. 4. The cottage is surrounded by dwellinghouses including a modern residential development (06/02774/FUL) to the west and south, accessed from Lagreach Brae. 5. One 1-bedroom unit and one 2-bedroom unit is proposed, each with an open plan living/kitchen/dining space and a bathroom. The proposed alterations are outlined in a schedule of works (document 08) and the external alterations include a new roof with velux windows, removal of chimneys and new window and door openings. An entrance porch is to be created for each unit (south elevation) and finishing materials include white render walls with feature timber cladding and grey windows. 5(2)(i) Page 61 of 112
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6. In-curtilage parking is proposed for four (4) vehicles and the existing garden ground is to be retained for use by the proposed short-term let accommodation. SITE HISTORY 7. No site history. PRE-APPLICATION CONSULTATION 8. None. 9. 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 10. 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 11. 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. 12. 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 4: Natural Places • Policy 6: Forestry, Woodland and Trees • 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 20: Blue and Green Infrastructure • Policy 22: Flood Risk and Water Management • Policy 23: Health and Safety • Policy 30: Tourism Page 62 of 112
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Perth and Kinross Local Development Plan 2019 13. 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. 14. The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 17: Residential Areas • Policy 31: Other Historic Environment Assets • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 47: River Tay Catchment Area • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 56: Noise Pollution • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 15. • 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 - Placemaking (adopted in 2020) PKC NON-STATUTORY GUIDANCE 16. • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity • Planning Guidance - Change of Use of Residential Property to Short-term Let • Supplementary Guidance - Renewable & Low Carbon Energy (draft) NATIONAL GUIDANCE 17. 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 63 of 112
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Planning Advice Notes 18. 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 19. 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. National Roads Development Guide 2014 20. 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 21. As part of the planning application process the following bodies were consulted: External 22. Perth And Kinross Heritage Trust - Condition recommended. The proposed development is considered to be archaeologically sensitive as it includes alteration to an existing historic cottage. This cottage appears to pre-date the 1st Edition Ordnance Survey of the area and is unchanged in form since it was first mapped. It appears to be part of a complex of three structures, of which only two now remain. The building may therefore retain original fabric and features that preserve its early character and origins. PKHT believes that wherever possible historic buildings should be retained and re-used in order to preserve the character of the local landscape. If permission is granted for the proposed works, it is recommended that a negative suspensive condition for basic standing building recording be attached to consent to ensure that an appropriate record is made of this historic cottage prior to re-development. Internal 23. Communities Housing Strategy - The council adopted non-statutory planning guidance for the Change of Use of Residential Property to Short- Page 64 of 112
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Term Let on 1st November 2023 to aid implementation of the above policy in Perth and Kinross. Consideration 6 pertains to the potential loss of residential accommodation and whether the change of use will be outweighed by the benefit to the local economy. The Local Housing Strategy 2022-27 includes an action to develop planning policy through Local Development Plan 3, where appropriate, for STL Control Areas. The property to which this application refers, falls within the area that has been consulted on as a potential short-term let control area, where the number of short-term lets may be impacting on the availability of appropriate housing for local residents. 24. However, since the publication of that planning guidance, the Economy and Infrastructure Committee on 28 August 2024 voted against the commencement of the formal statutory process to introduce a Short-Term Let Control Area in Highland Perthshire and North Eastern Perthshire. 25. Environmental Health (Noise Odour) - No objections to the application, recommend a STL informative about a licence be attached to any given consent. As the development is for 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. 26. Conservation Team – no objection and no comments. 27. Biodiversity/Tree Officer - No objection, subject to conditions. All methods in the submitted Bat Survey Report Bird and Protected Species Assessment are in accordance with best practice. Bat activity surveys carried out in 2024 confirmed the presence of bats. The submitted Bat Survey Report contains sufficient information for the planning authority to be satisfied that all three tests are likely to be met. The same tests need to be passed in order for NatureScot to issue a licence. The submitted Bat Survey Report recommends there is potential to enhance roosting opportunities for bats by installing bat boxes and bird nesting boxes. This is welcomed as a positive measure for biodiversity and should be provided and secured by condition. 28. Transportation and Development - Parking will be provided on site for four vehicles, two at each unit, which is in line with the requirements of the National Roads Development Guide. The applicant has provided a revised proposed site plan with an alternative parking arrangement (drawing 06). A condition is recommended to ensure implementation. REPRESENTATIONS 29. Nine (9) representations were received. The main issues raised within the representations are: • Out of character with quiet residential area occupied mainly by retired households • Close to existing holiday accommodation – hotel, holiday lets and B&B Page 65 of 112
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• Intrusive Noise • Concerned about safety and security with frequent changes of occupants at the property • Overlooking, invading privacy of surrounding homes • Road Safety • Detrimental impact on residential amenity with comings and goings, partying and BBQs and rubbish • Loss of mature trees within the garden has already compromised privacy of neighbouring dwellinghouses • Negative impact on protected species • Contrary to Development Plan Policy • Need for residential accommodation not short-term let accommodation to maintain a permanent community in the Town • Over provision of holiday lets in Pitlochry • Little positive impact on the local economy from the proposed development • Two properties on the site and if this is granted permission then likely approval of the smaller cottage to a short-term let unit which will compound the detrimental impact on residential amenity • Support the structural alterations however should be retained for residential use not short-term lets 30. These issues are addressed in the Appraisal section of the report. Other Matters Raised Which are not a Material Planning Consideration 31. • Loss of value on neighbouring residential property • No prior contact by the applicant about the plans ADDITIONAL STATEMENTS 32 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed AA not required Design Statement or Design and Access Statement Supporting Statement submitted Report on Impact or Potential Impact e.g. Flood Risk Assessment Ecological Assessment and Bat Survey submitted APPRAISAL 33. 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, Page 66 of 112
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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, supplementary guidance and planning guidance including that on Change of Use of Residential Property to Short-term let. Principle 34. Lagreach Cottage is a historic cottage which appears to pre-date the 1st Edition Ordnance Survey of the area and is unchanged in form since it was first mapped. NPF4 Policy 7 Historic Assets and Places states at paragraph m) Development proposals which sensitively repair, enhance and bring historic buildings, as identified as being at risk locally or on the national Buildings at Risk Register, back into beneficial use will be supported. 35. The cottage is not listed and is located outwith the boundary of the Pitlochry Conservation Area and Policy 7 o) states Non-designated historic environment assets, places and their setting should be protected and preserved in situ wherever feasible. Where there is potential for non- designated buried archaeological remains to exist below a site, developers will provide an evaluation of the archaeological resource at an early stage so that planning authorities can assess impacts. Historic buildings may also have archaeological significance which is not understood and may require assessment. 36. The property is vacant and has been unused for five years and NPF4 Policy 9 Brownfield, Vacant and Derelict Land and Empty Buildings, paragraph a) states, Development proposals that will result in the sustainable reuse of brownfield land including vacant and derelict land and buildings, whether permanent or temporary, will be supported. In determining whether the reuse is sustainable, the biodiversity value of brownfield land which has naturalised should be taken into account. Policy 9 Paragraph d) states Development proposals for the reuse of existing buildings will be supported, taking into account their suitability for conversion to other uses. Given the need to conserve embodied energy, demolition will be regarded as the least preferred option. 37. LDP2 Policy 26B: Archaeology seeks to protect areas or sites of known archaeological interest and their settings. Where development is proposed in such areas, there will be a strong presumption in favour of preservation in situ. Also, LDP2 Policy 31: Other Historic Environment Assets supports the protection and preservation of non-designated historic assets as significant resources. 38. In the absence of any specific policy on short term lets in the Local Development Plan, NPF4 Policy 30e Tourism is relevant and states – 39. Development proposals for the reuse of existing buildings for short term holiday letting will not be supported where the proposal will result in: Page 67 of 112
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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. 40. The proposal should be compatible with the amenity and character of the surrounding area and in line with NPF4 Policy 14: Design, Quality and Place and LDP2 Policy 1: Placemaking. 41. As the application site is next to the River Tay Special Area of Conservation NPF4 Policy 4 (b): Natural Places is relevant and LDP2 Policy 47: River Tay Catchment Area. Also, given the characteristics of the site a bat survey was carried out and NPF4 Policy 3: Biodiversity and NPF4 Policy 4 (f): Natural Places are relevant together with LDP2 Policy 41: Biodiversity. Change of Use 42. In respect of NPF4 Policy 30 Tourism, paragraph e), 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. 43. In respect of the first criterion, nine representations have been received objecting to the proposal on the grounds of its detrimental impact on local amenity and the character of the residential area. However, this is only a perceived impact and matters relating to behaviour related noise are considered under the Council’s Short Term Lets Licensing Policy. There is a requirement to meet the criteria of the Council’s Licensing Policy Statement to operate this type of accommodation. Monitoring and enforcement will be undertaken during the lifetime of the licence, typically 3 years. Any issues arising during the period of the licence will be reviewed by the Council’s Licensing Team and any future licence application may be refused. 44. The representations highlight historic noise and amenity issues arising when the property was used as staff accommodation by a local hotel. The applicant’s supporting statement (document 05) notes this use over a period of 15 years and the anti-social behaviour related to this historic use. It highlights that the applicant operates other short-term let accommodation in the town and they have never had any complaints and operate a strict ‘no party’ policy. The applicant’s supporting statement further highlights that noise and anti-social behaviour can be managed more effectively as a short-term let with the introduction of new regulations and licence requirements. Page 68 of 112
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45. The cottage pre-dates the surrounding houses. Given the topography of the site and surrounding area, the historic cottage sits at a lower level in relation to the surrounding properties on Lagreach Lane. Boundary treatments on the surrounding properties include stone walls, fences and hedges. The dwellinghouses located in Lagreach Lane are 26m-30m from the cottage. The distance from the cottage to the dwellinghouses to the south on Lagreach Brae (06/02774/FUL) is 26m-30m, with a timber fence providing separation between the garden ground. There are no significant issues arising in respect of overlooking and privacy. 46. It is considered that the proposal would not have an unacceptable impact on local amenity or the character of the area. 47. In respect of criterion 2, the applicant’s supporting statement highlights that the property has been vacant for 5 years and is not fit for habitation. A sympathetic conversion of the cottage is proposed to provide two small scale units to the holiday market. The proposal would result in the loss of a 3- bedroom dwellinghouse to short term let accommodation. However, historically the property has not been used as mainstream housing. The proposal would restore a vacant property and add to the range of holiday accommodation on offer in the town. Patrons will use local shops, restaurants and services which are all easily accessible from the application site. The applicant also employs local people for services relating to their existing short- term let accommodation. The proposed change of use would not have a detrimental effect on local residential housing availability. 48. The proposal satisfies NPF4 Policy 30 e). Design and Layout 49. The proposal has been sympathetically designed to retain the existing shape and form of the historic cottage. The proposed alterations will bring the building up to modern standards and are in keeping with the character of the building. The proposal will bring a vacant property back into use and contribute positively to the quality of the surrounding built environment. 50. A low stone wall bounds the property in part and this adds to the overall character of the cottage and should be retained. A condition is proposed to ensure full detail of the boundary treatments including any landscaping and tree planting are submitted for the written approval of the Council as Planning Authority (Condition 7). 51. The proposal respects the character and amenity of the place and satisfies NPF4 Policy 14: Design, Quality and Place and LDP2 Policy 1: Placemaking. Roads and Access 52. A revised proposed site plan (document 06) was submitted in response to initial consultation comments from Transportation and Development. The revised plan shows that there will be sufficient space for the residents of the Page 69 of 112
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adjacent cottage to access and egress their property. Parking will be provided on site for four vehicles, two at each unit, which is in line with the requirements of the National Roads Development Guide. A condition is recommended to ensure implementation of the parking in line with drawing 06 (Condition 9), which also includes showing the spaces for the adjacent cottage. 53. The proposed development is in the settlement boundary of Pitlochry and within walking distance of local shops, services and facilities. Public transport routes and sustainable modes of transport are available and easily accessible. 54. The proposal satisfies NPF4 Policy 13 Sustainable Transport and LDP2 Policy 60B Transport standards and accessibility. Drainage and Flooding 55. There is no flood risk associated with the property. The revised proposed site plan (document 06) shows all foul and rainwater drainage is to connect to the existing system. Drainage will be subject to review through the building warrant process. 56. The proposal satisfies NPF4 Policy 22 Flood Risk and Water Management and LDP2 Policy 53B: Water Environment and Drainage: Foul Drainage and LDP2 Policy 53C: Water Environment and Drainage: Surface Water Drainage. Conservation Considerations 57. Perth and Kinross Heritage Trust (PKHT) note in their consultation response that the proposed development is archaeologically sensitive as it includes alteration to an existing historic cottage. This cottage appears to pre-date the 1st Edition Ordnance Survey of the area and is unchanged in form since it was first mapped. It was formerly part of a complex of three structures, of which only two now remain. The building may therefore retain original fabric and features that preserve its early character and origins. 58. PKHT maintain the standpoint that historic assets are a finite resource that should be maintained and repaired regularly to ensure longevity of our historic buildings. Given the nature of the scheme and the various modifications involved an appropriate record should be made of the building in advance of any works on site. A condition is proposed to ensure that an appropriate record is made of this historic cottage prior to re-development (Condition 3). 59. The cottage is to be protected and brought back into use through a sympathetic proposal which retains its shape and form. The proposal satisfies NPF4 Policy 7 Historic assets and places and Policy 9 Brownfield, Vacant and Derelict Land and Empty Buildings and LDP2 Policy 31 Other Historic Environment Assets. Page 70 of 112
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Natural Heritage and Biodiversity 60. Trees – as highlighted in the representations trees in the garden were removed prior to the application submission. The applicant’s supporting statement notes that some fruit trees were cut back which will grow in time again and they removed self-seeded small trees and shrubs and generally tidied up the garden space of the vacant property. The trees were not protected. Biodiversity enhancement measures are recommended in the Bat Survey Report and a condition is proposed to ensure implementation (Condition 6). 61. Protected Species - All methods in the submitted Bat Survey Report Bird and Protected Species assessment are in accordance with best practice as reviewed by the Council’s Biodiversity Officer. Bat activity surveys carried out in 2024 confirmed the presence of bats. Due to the presence of bat roosts, no works can be undertaken before a derogation licence from NatureScot (formerly Scottish Natural Heritage) has been issued. The submitted Bat Survey Report contains sufficient information for the planning authority to be satisfied that all three tests are likely to be met. The same tests need to be passed in order for NatureScot to issue a licence. Conditions 4 and 5 are proposed in relation to the Bat Survey. 62. Biodiversity Enhancement - NPF4 requires local planning applications to include appropriate measures for biodiversity enhancement that are proportionate to the nature and scale of the development. The submitted Bat Survey Report recommends there is potential to enhance roosting opportunities for bats by installing bat boxes and bird nesting boxes. This is welcomed as a positive measure for biodiversity by the Council’s Biodiversity Officer. A condition is proposed to ensure this is implemented and maintained to the satisfaction of the Council (Condition 6). 63. The proposal satisfies NPF4 Policy 3: Biodiversity, NPF4 Policy 4 (f): Natural Places and NPF4 Policy 20: Blue and Green Infrastructure and LDP2 Policy 41: Biodiversity and LDP2 Policy 42: Green Infrastructure. 64. River Tay Special Area of Conservation – No impact on the River Tay Special Area of Conservation is anticipated given the location and scale of the proposed development. 65. The proposal satisfies NPF4 Policy 4 (b): Natural Places and LDP2 Policy 47: River Tay Catchment Area. Low and Zero Carbon Generating Technologies 66. 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 is Page 71 of 112
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for a conversion and change of use of an existing property this policy requirement is not relevant and no specific detail has been proposed. Material Considerations Planning Guidance - Change of Use of Residential Property to Short-term Let 67. The non-statutory planning guidance has been considered in the assessment of the proposal. It is considered that the proposal will not have an unacceptable impact on local amenity or the character of a neighbourhood or area. The proposal aligns with the non-statutory planning guidance. Applicant’s Supporting Statement 68. The supporting statement (document 05) reports the applicants currently have two properties for holiday let in the town which have been operating successfully for three years. They have extensive experience of the hospitality market and have specifically targeted the couples/adult market. The property requires a high degree of renovation and has been sitting vacant for five years. It is not fit for habitation in its current state and requires extensive upgrade to all elements which result in significant costs. It is therefore not financially viable to function on a long term let basis as the rental income wouldn't cover the expenditure required when taking into account the actual purchase costs associated with the site. 69. The applicants live nearby and can deal with any issues directly and promptly. They operate a policy of no children or pets to minimise noise and ensure their properties are respected. The statement provides a response to the issues raised in the representations. In respect of the potential impact on existing residential amenity, the applicants highlight the ‘no party’ policy they operate. Also, whilst this is a valid concern, the statement notes it can be managed more effectively as a holiday let as opposed to multiple occupancy or residential use with the introduction of the mandatory licensing scheme for short-term lets. 70. Letters of support from neighbours of existing holiday lets owned and run by the applicants are included at Appendix 3 in the statement. The letters confirm the neighbours have not been detrimentally impacted by the short-term let accommodation. 71. The applicants expect the property to be let on average 224 days per year, with patrons all using and supporting local shops and restaurants. The occupancy of their current property demonstrates there is clearly a demand for self-catering accommodation of this nature within an easily accessible location to all of the local attractions and to support local businesses. Some local businesses have written letters in support of the application (Appendix 2). The applicant will also employ a number of local people for services related to the running of the short-term let accommodation. Page 72 of 112
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72. The statement also highlights that the cottage pre-dates the development subsequently erected around it (06/02774/FUL). Fencing provides screening on the neighbouring dwellinghouses which are a mix of single storey and one and a half storey. Representations 73. Nine (9) representations were received. The main issues raised within the representations relate to impact on residential amenity and this has been addressed in the report above. 74. An issue raised notes the two properties on the site and if this application is granted permission, then likely approval of the smaller cottage to a short-term let unit which will compound the detrimental impact on residential amenity. 75. The blue line on the location plan shows a further building in the applicant’s ownership. This is located to the west of the application site. This is not the subject of the planning application, and any future application, if necessary, will be assessed in respect of the Development Plan. 76. The issues raised in the representations have been fully considered in the assessment of the planning application and are not of significant weight to justify refusal of planning permission. Developer Contributions 77. None applicable. Economic Impact 78. The economic impact of the proposed development is likely to be minimal. VARIATION OF APPLICATION UNDER SECTION 32A 79. 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 clarify the car parking layout. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 80. None required. DIRECTION BY SCOTTISH MINISTERS 81. 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. Page 73 of 112
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CONCLUSION AND REASONS FOR RECOMMENDATION 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 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 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. 4. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document(s) 07 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. Page 74 of 112
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Reason: In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 5. 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 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. 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). 6. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, six bird bricks/boxes shall be provided on the completed buildings. 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. 7. Prior to the commencement of the development hereby approved, details of the proposed boundary treatments for the site shall be submitted to and agreed by the Council as Planning Authority. The scheme as subsequently 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 and residential amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 8. The development hereby approved shall be used solely for holiday 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. 9. No part of the development hereby approved shall be occupied, until all (six) of the car parking spaces shown on the approved plans in Drawing Number 06, have been implemented and thereafter maintained. Reason: In the interests of road safety; to ensure the provision of adequate off-street car parking facilities. Page 75 of 112
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JUSTIFICATION The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. 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. 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/. 4. It is important that the developer, or their agent, contact Perth and Kinross Heritage Trust as soon as possible to explain the procedure of works required and, if necessary, prepare for them written Terms of Reference. 5. Perth and Kinross Heritage Trust advice is based on information held on the Perth and Kinross Historic Environment Record. This database of archaeological sites and historic buildings is regularly updated. 6. 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 Page 76 of 112
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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. 7. The developer is advised that holiday accommodation and STLs require to be licensed under the terms of Article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-terms Lets) Order 2021 and therefore a licence application should be made to Perth and Kinross Council prior to operation commencing. Further information and application forms are available at https://www.pkc.gov.uk/shorttermlets. 8. The proposed demolition and/or building works likely to cause harm to bats should not commence until the applicant has obtained the relevant licence issued by NatureScot pursuant to Regulation 53 of The Conservation of Habitats and Species Regulations 2010 authorizing the specified activity/development to go ahead. 9. 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. 10. 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 clarify the car parking layout. Background Papers: Nine letters of representation Contact Officer: Claire Myles Date: 1ST November 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING Page 77 of 112
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Ü Change of use and alterations to dwellinghouse to form 2 short-term let accommodation units, Lagreach Cottage, Lagreach Lane, Pitlochry 24/00085/FLL Scale 1:10,000 Planning and Placemaking Committee - 13 November 2024 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(i) Page 79 of 112
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Ü Change of use and alterations to dwellinghouse to form 2 short-term let accommodation units, Lagreach Cottage, Lagreach Lane, Pitlochry 24/00085/FLL Scale 1:5,000 Planning and Placemaking Committee - 13 November 2024 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(i) Page 81 of 112
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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. 5(2)(ii) Page 83 of 112
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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 Page 84 of 112
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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 Page 85 of 112
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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. Page 86 of 112
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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. Page 87 of 112
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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. Page 88 of 112
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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 Page 89 of 112
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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 Page 90 of 112
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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 Page 91 of 112
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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 Page 92 of 112
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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. Page 93 of 112
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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 Page 94 of 112
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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. Page 95 of 112
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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 Page 96 of 112
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Ü Extension to storage building, A Proctor Insulation Ltd, A Proctor Group Industrial Estate, Dunkeld Road, Blairgowrie, PH10 6RT 23/01575/FLL Scale 1:10,000 Planning and Placemaking Committee - 13 November 2024 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(ii) Page 97 of 112
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Ü Extension to storage building, A Proctor Insulation Ltd, A Proctor Group Industrial Estate, Dunkeld Road, Blairgowrie, PH10 6RT 23/01575/FLL Scale 1:5,000 Planning and Placemaking Committee - 13 November 2024 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(ii) Page 99 of 112
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Perth and Kinross Council Planning and Placemaking Committee – 13 November 2024 Pre-Application Report by Strategic Lead: Economy, Development & Planning (Report No. 24/308) PROPOSAL: Change of use of land to form extension to existing holiday park comprising siting of holiday/staff accommodation units, covered event space, classroom, landscaping and associated operational development LOCATION: Lochtay Highland Lodges, Killin, FK21 8TY Ref. No: 24/00009/PAN Ward No: P4- Highland Summary This report is to inform the Committee of a potential forthcoming planning application in respect of a major development for change of use of land to form extension to existing holiday park comprising siting of holiday/staff accommodation units, covered event space, classroom, landscaping and associated operational development at Lochtay Highland Lodges, Killin, FK21 8TY. 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 11 September 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 change of use of land to form extension to existing holiday park comprising siting of holiday/staff accommodation units, covered event space, classroom, landscaping and associated operational development. 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 101 of 112
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ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 3. Due to the scale of the proposal it will require to be screened as to whether the proposal is an EIA development under the EIA 2017 Regulations. A screening request is required to be submitted by the applicant. It is noted that a screening opinion has already been provided reference 24/01250/SCRN and is not subject to EIA. PRE-APPLICATION PROCESS 4. The PoAN (reference 24/00009/PAN) confirmed that two public exhibitions will be held at Cruachan Farm Caravan Park, North Loch Tay Side, Killin, the first event will be held on Friday 29th November 2024 between 11am and 8pm and the second event will be held on 13th January 2025 between 11am and 8pm. The Ward Councillors, and Glenlyon and Loch Tay 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 13: Sustainable Transport • Policy 18: Infrastructure First • Policy 20: Blue and Green Infrastructure • Policy 21: Play, Recreation and Sport Page 102 of 112
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• Policy 22: Flood Risk and Water Management • Policy 28: Retail • Policy 29: Rural Development • Policy 30: Tourism 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 8: Rural Business and Diversification - Policy 9A: Caravan Sites, Chalets and Timeshare Developments: Existing Caravan Sites - Policy 9B: Caravan Sites, Chalets and Timeshare Developments: New and Expanded Touring Caravan, Motorhome / Campervan, and Camping Sites - Policy 13: Retail and Commercial Leisure Proposals - Policy 14B: Open Space Retention and Provision: Open Space within New Developments - Policy 26B: Scheduled Monuments and Archaeology: Archaeology - Policy 27A: Listed Buildings - Policy 31: Other Historic Environment Assets - Policy 38A: Environment and Conservation: International Nature Conservation Sites - Policy 38B: Environment and Conservation: National Designations - Policy 38C: Environment and Conservation: Local Designations - 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 51: Soils - Policy 52: New Development and Flooding - Policy 53A: Water Environment and Drainage: Water Environment - Policy 53B: Water Environment and Drainage: Foul Drainage - Policy 53C: Water Environment and Drainage: Surface Water Drainage - Policy 53E: Water Environment and Drainage: Water Supply - Policy 55: Nuisance from Artificial Light and Light Pollution Page 103 of 112
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- Policy 56: Noise Pollution - Policy 58A: Contaminated and Unstable Land: Contaminated Land - Policy 60A: Transport Standards and Accessibility Requirements: Existing Infrastructure - Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals OTHER POLICIES 10. The following non statutory guidance and documents are of particular importance in the assessment of this application: - Supplementary Guidance - Delivering Zero Waste (adopted in 2020) - 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 - Open Space Provision for New Developments (adopted in 2021) - 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 - 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 1/2011 Planning and Noise - 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 - PAN 79 Water and Drainage Page 104 of 112
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PLANNING SITE HISTORY 13. 91/01297/FUL Full Planning Permission was Approved On 6 September 1991 for Erection of Stables/grooms flat 14. 97/00010/PN was Approved on 7 May 1997 for Erection of a tractor shed/field shelter 15. 97/00527/FUL Full Planning Permission was Approved on 14 May 1997 for Erection of a lodge 16. 99/01007/FUL Full Planning Permission was Approved on 2 August 1999 for Erection of a lodge 17. 99/01008/FUL Full Planning Permission application was Withdrawn On 2 July 1999 for Erection of 8 lodges 18. 99/01127/FUL Full Planning Permission was Refused on 23 September 1999 for Erection of 3 lodges 19. 99/01128/FUL Full Planning Permission was Refused on 23 September 1999 for Erection of one lodge 20. 99/01129/FUL Full Planning Permission was Approved on 23 September 1999 for Erection of 4 lodges 21. 99/01542/FUL Full Planning Permission was Approved on 25 November 1999 for Change of use of existing menage building to Class 11 (Assembly and Leisure) 22. 01/01466/FUL Full Planning Permission was Approved on 31 October 2001 for Erection of a reception building 23. 02/01513/MOD was Approved on 8 November 2002 for Renewal of consent 99/01542FUL for change of use from existing menage building to Class 11 (Assembly and Leisure) 24. 02/01790/FUL Full Planning Permission was Refused on 19 December 2002 for Increase in number of days for clay pigeon shoot from 26 days per year to 150 days per year between 1000hrs and 1400hrs 25. 02/01856/FUL Full Planning Permission was Approved on 9 January 2003 for Extension to laundry to form bar and restaurant 26. 04/01429/FUL Full Planning Permission was Approved on 12 April 2005 for Erection of a swimming pool/recreation building 27. 04/01432/FUL Full Planning Permission was Refused on 10 May 2005 for Erection of 8no. additional holiday lodges and formation of wildlife area including lagoon Page 105 of 112
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28. 04/01912/FUL Full Planning Permission was Approved on 12 April 2005 for Dredging of existing harbour, building up of lochside walls with spoil, erection of mooring walkways and replacement of pier with shelter (in retrospect) 29. 07/00467/OUT was Approved on 10 October 2007 for Erection of additional holiday lodges, ancillary facilities, upgrading of access and landscaping (outline) 30. 07/01680/FUL Full Planning Permission was Approved on 3 September 2007 for Formation of a glassed-in porch under existing roof and utilising existing structure at Lodge Corrieben 31. 08/02256/REM was Approved on 16 January 2009 for Erection of 8 timber lodges and associated carparking, access paths 32. 10/00011/PAN on 22 July 2010 for Renewal of existing consent (07/00467/OUT) Erection of additional holiday lodges, ancillary facilities, upgrading of access and landscaping (in principle) 33. 10/01701/AMM was Approved on 1 July 2011 for Erection of lodges, reception building and managers flat and formation of landscaping, drainage, access and site levels (Approval of Matters Specified in Conditions - 07/00467/OUT) 34. 10/01716/IPM was Approved on 1 July 2011 for Variation of Condition 2 (07/00467/OUT) to extend timescales (erection of additional holiday lodges) 35. 12/02206/AMM was Approved on 22 February 2013 for Variation of condition 6 of planning consent 10/01701/AMM (to allow the access to be provided with a bituminously bound surface only from the junction with the public road to Ivy Cottage) 36. 13/00190/FLL Full Planning Permission was Approved on 17 April 2013 for Siting of 7 timber tents 37. 14/01918/FLL Full Planning Permission was Approved on 8 December 2014 for Erection of reception and staff units 38. 17/01752/FLL Full Planning Permission was Approved on 28 November 2017 for Alterations and extension to staff accommodation 39. 17/01945/FLL Full Planning Permission was Approved on 9 January 2018 for Siting of 13no. camping pods and associated works (in part retrospect) 40. 21/01217/FLL Full Planning Permission was Approved on 25 August 2021 for Siting of 4 caravans for holiday accommodation use 41. 24/01250/SCRN on 10 September 2024 for Change of land use, erection of 64 holiday cottages, 8 stilted accommodation units, 6 glamping pods, 3 staff Page 106 of 112
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accommodation units and associated operational development and Infrastructure. CONSULTATIONS 42. As part of the planning application process the following would be consulted: External - Scottish Environment Protection Agency - NatureScot - Scottish Water - Transport Scotland - Historic Environment Scotland - Forestry Commission Scotland - Perth and Kinross Heritage Trust - Glenlyon and Loch Tay Community Council Internal - Environmental Health – Noise, light pollution, contaminated land, private water supply - Development Plans - Development Contributions Officer - Transportation and Development - Structures and Flooding - Economic Development - Waste Services - Biodiversity Officer KEY ISSUES AGAINST WHICH A FUTURE APPLICATION WILL BE ASSESSED 43. 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 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 l. Impact upon Loch Tay Page 107 of 112
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ADDITIONAL STATEMENTS WHICH WILL BE REQUIRED 44. 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 including draft Green Travel Plan and Construction Traffic Management Plan - Flood Risk and Drainage Assessment - Landscape and Visual Impact Assessment - Tree and Woodland Survey - Habitat Survey and Ecological Impact Assessment - Noise Impact Assessment - Phasing and Delivery Plan (if phasing is proposed) - Energy Statement - Archaeological Assessment - Sustainability Assessment CONCLUSION AND RECOMMENDATION 45. 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: 1 November 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT & PLANNING Page 108 of 112
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Ü Change of use of land to form extension to existing holiday park comprising siting of holiday/staff accommodation units, covered event space, classroom, landscaping and associated operational development at Lochtay Highland Lodges, Killin, FK21 8TY 24/00009/PAN Scale 1:20,000 Planning and Placemaking Committee - 13 November 2024 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 6(i) Page 109 of 112
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Ü Change of use of land to form extension to existing holiday park comprising siting of holiday/staff accommodation units, covered event space, classroom, landscaping and associated operational development at Lochtay Highland Lodges, Killin, FK21 8TY 24/00009/PAN Scale 1:10,000 Planning and Placemaking Committee - 13 November 2024 © Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 6(i) Page 111 of 112
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