23/01941/Amm
Perth and Kinross Council · 11 December 2024
Back to Planning and Placemaking Committee — 11 December 2024 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee – 11 December 2024 Report of Handling by Strategic Lead: Economy, Development and Planning (Report No. 24/357) PROPOSAL: Erection of 152 dwellinghouses and associated works (approval of matters specified by conditions (17/00939/IPM) LOCATION: Land 200 Metres West of Blairgowrie & Rattray Cottage Hospital, Perth Road, Blairgowrie Ref. No: 23/01941/AMM Ward No: P3- Blairgowrie and Glens Summary This report recommends approval of the application for a development comprising the erection of 152 dwellinghouses on land 200 Metres West of Blairgowrie and Rattray Cottage Hospital, Perth Road, Blairgowrie. The development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations that outweigh this conclusion. BACKGROUND AND DESCRIPTION OF PROPOSAL 1 The application site is located to the immediate north of Dunkeld Road, Blairgowrie. It slopes gently from north (c.94m AOD) to south (c.74m AOD), extends to c.6.5 hectares and comprises grassland, bordered by a line of mature trees and enclosed by post and wire fencing along the northern and western boundaries. ‘Galabank’ footpath lies within the north and west extents, linking to core path (BLAI/31) which connects users from Dunkeld Road to Newton Street. 2 The settlement edge of Blairgowrie lies to the east and south. Particularly private gardens, relating to the properties on Dunkeld Road, are immediately adjacent to the southern boundary. Further properties on Dunkeld Road adjoin the western boundary. 3 ‘Craighall Rattray’, a Garden and Designed Landscape is approximately 1.9km to the north. There are also category A, B and C listed buildings nearby, including Newton Castle (category A) to the north. 4 The site is allocated within the Perth and Kinross Local Development Plan 2 (2019) (LDP2) as the northern part of ‘MU5 - Western
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Blairgowrie’ a 24.55ha planned mixed-use opportunity (residential, employment and education uses). Planning permission in principle (PPP) for a mixed-use development (employment, retail, residential, community and education) for the entire MU5 allocation was approved in December 2018. 5 MU5 related development has and is to be delivered in phases, with Phase 1A focusing on retail units and associated works having been approved in January 2020 (Ref: 19/00163/AMM) and now at an advanced stage of construction. 6 Planning permission (Ref: 22/00060/AMM) for 71 houses and 32 flats (Phases 1B and 2A) was approved in March 2023. This permission includes 73 affordable housing units (34 Social Rent and 39 Mid-Market Rent), which represents a significant proportion of the 25% requirement for the wider MU5 allocation. Development has not yet commenced. 7 Initially, the current application sought approval for 171 dwellinghouses, however, however this was not seen as appropriate and the application has taken account of feedback and reduced this number to 152, with other associated revisions to the layout. The application was re-neighbour notified, advertised and consulted as a result. 8 The 152 dwellinghouses proposed will form Phase 3 of the MU5 allocation in LDP2. There will be an access off Dunkeld Road, at the point of an existing field access. This access will run in an east-west direction, bisecting the site. Proposed SUDS will be located on its south side. Car parking is to be provided in various parking courts, within plots and on-street parking. ENVIRONMENTAL IMPACT ASSESSMENT 9 The impact of the MU5 development was screened for EIA (14/01768/SCRN) and it was determined that the proposal did constitute EIA development. As such an EIA Report supported the application for planning permission in principle. PRE-APPLICATION CONSULTATION 10 Pre application Reference: 14/00008/PAN. 11 The proposed development is classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. However, as the proposal is an AMSC application, further pre-application consultation (PAC) is not necessary beyond that already undertaken for the planning permission in principle.
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DEVELOPMENT PLAN 12 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 13 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. 14 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 15: Local Living and 20 Minute Neighbourhoods • Policy 16: Quality Homes • Policy 18: Infrastructure First • Policy 19: Heating and Cooling • Policy 20: Blue and Green Infrastructure • Policy 22: Flood Risk and Water Management • Policy 23: Health and Safety Perth and Kinross Local Development Plan 2019 15 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. 16 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions
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• Policy 6: Settlement Boundaries • Policy 14B: Open Space Retention and Provision: Open Space within New Developments • Policy 15: Public Access • Policy 17: Residential Areas • Policy 20: Affordable Housing • Policy 25: Housing Mix • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 27A: Listed Buildings • Policy 28A: Conservation Areas • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 34A: Sustainable Heating &Cooling: Heat Networks, Major Development and LDP Site Allocations • Policy 38A: Environment and Conservation: International Nature Conservation Sites • 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 45: Lunan Lochs Catchment Area • Policy 47: River Tay Catchment Area • 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 57: Air Quality • Policy 58A: Contaminated and Unstable Land: Contaminated Land • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 17 • Supplementary Guidance - Air Quality (adopted in 2020) • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) • Supplementary Guidance - Placemaking (adopted in 2020)
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PKC NON STATUTORY GUIDANCE 18 • 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 • Supplementary Guidance - Renewable & Low Carbon Energy (draft) NATIONAL GUIDANCE 19 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 20 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 2/2010 Affordable Housing and Housing Land Audits • PAN 3/2010 Community Engagement • PAN 1/2011 Planning and Noise • 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 • PAN 79 Water and Drainage Creating Places 2013 21 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 22 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.
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National Roads Development Guide 2014 23 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. SITE HISTORY 24 14/00008/PAN A Proposal of Application Notice was accepted by PKC in November 2014 as sufficient for a mixed use development of employment, residential, retail and education uses. 25 14/01768/SCRN PKC advised that a proposed mixed use development required an EIA in January 2015. 26 17/00939/IPM Planning Permisison in Principle (PPP) was approved in December 2018 for a mixed use development comprising residential development, employment land, education/recreation/community facilities, infrastructure including roads, footpaths, landscaping, drainage, open space and associated works. Approved in December 2018. 27 19/00163/AMM Erection of 2 retail units (Class 1), a neighbourhood centre comprising 3 retail units (Class 1), formation of parking areas, landscaping, SUDS pond and associated works (approval of matters specified by conditions 17/00939/IPM) (Phase 1A - MU5). Approved in January 2020. 28 22/00060/AMM Erection of 71 dwellinghouses and 32 flats (approval of matters in conditions of 17/00939/IPM) (Phases 1B and 2A - MU5). Approved in March 2023. CONSULTATIONS 29 As part of the planning application process the following bodies were consulted: External 30 Historic Environment Scotland: No objection, however, the applicant is to be reminded that should any works take place to the south of the A923 they must avoid any accidental damage to the scheduled monument, Fir Hillock, burial mound 750m E of Ardblair Castle (SM9612). Additionally, removal of trees from within the scheduled monument may require Scheduled Monument Consent prior to the commencement of works. 31 Perth and Kinross Heritage Trust: No objection subject to condition. 32 Scottish Environment Protection Agency: No objections. 33 NatureScot: No objections.
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34 Scottish Water: No objections. 35 Blairgowrie and Rattray Community Council: Concerns have been raised regarding the location of affordable housing, increased traffic, air pollution, education provision, and flood risk/drainage. Concern was also expressed about the impact on the health service, dentists and sewerage system. 36 NHS/HSCP: No objection. Acknowledge that the development will place additional pressure on health facilities, however, recognise that the site is an allocated site in the LDP2 and has PPP consent and therefore it is too late to resist allocated sites on NHS/HSCP grounds. Internal 37 Structures and Flooding: No objection subject to condition. 38 Transportation and Development: No objection subject to condition. 39 Community Greenspace: No objection. 40 Community Waste Advisor: No objection. Informative recommended. 41 Biodiversity/Tree Officer: No objections subject to condition. 42 Planning and Housing Strategy: No comments. 43 Conservation Team: No objection. 44 Environmental Health (Noise Odour): No objection subject to conditions. 45 Environmental Health (Contaminated Land): No objection. 46 Development Contributions Officer: A Section 75 (s75) has been secured against the planning permission in principle. This development triggers requirements within the s75, particularly in relation to primary education. Representations 47 96 representations were received and 2 general comments. The main issues raised within the representations are: • Adverse effect on visual amenity • Contrary to Development Plan • Excessive height • Flood risk • Employment provision – concerns regarding numbers provided • Inappropriate housing density • Over intensive development
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• Inappropriate land use • Loss of open space • Loss of sunlight and daylight • Overlooking • Loss of trees • Noise pollution • Light pollution • Air quality • Out of character with area • Road safety concerns • Over provision of car parking • Lack or loss of car parking • Traffic congestion • Impact on wildlife/protected species • Impact on conservation area/listed buildings • Increased pressure on dentist, doctors, police and schools/nurseries 48 These issues are addressed in the Appraisal section of the report. ADDITIONAL STATEMENTS 49 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required 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 • Transportation Statement • Site Investigation Report • Flood Risk Assessment • Drainage Strategy • Affordable Housing Strategy • Energy Statement • Tree Survey Report and Arboricultural Impact Assessment • Ecology report • Noise Impact Assessment APPRAISAL 50 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.
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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 51 The principle of the proposal has been established through the site’s allocation as MU5 in LDP2 for a mixed-use development, including residential. The LDP2 allocation advises that the residential capacity of the site is 179-280 units. Planning permission in principle (ref: 17/00939/IPM) has previously been approved for the phased development of the site and the current proposal for Phase 3 will deliver 152 residential units. 52 The principle of the development is acceptable provided the proposals are compatible with relevant policies of the development plan. Design and Layout 53 Policy 14: Design, Quality and Place, Policy 15: Local Living and 20 Minute Neighbourhoods and Policy 16: Quality Homes of NPF4 are relevant as are LDP2 Policy 1: Placemaking, Policy 14B: Open Space within New Developments, Policy 17: Residential Areas, Policy 25: Housing Mix and Policy 42: Green Infrastructure. 54 The matters specified in Condition 3 of the PPP sets the required detail in respect of the layout and design considering: topography, siting, design, height and external materials of the buildings and structures. The PPP also requires further detail in respect of landscaping and open space, SUDS, car parking and boundary treatments. 55 Also relevant is the masterplan for the site which was assessed as part of the PPP. It is, however, recognised that Condition 2 of the PPP states: 56 The submitted masterplan, site layout plan and indicated scale of development, of up to 400 dwellings and 4 hectares of business land, are purely indicative and are hereby not approved. 57 However, also of relevance is the Planning Officer’s assessment which states the following within the Committee Report: 58 "The principle of large-scale mixed use (residential and business) development has been established through its allocation (MU5) in the LDP. Based on site area of 25 hectares and 8 hectares required for business/education/sports pitch provision, this leaves 17 hectares for residential use. Based on an indicative number of 400 dwellings, the proposed development is a medium density proposal (23 dwellings per hectare) and this is considered suitable for
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edge of settlement locations in the context of national policy stating the desirability of using land efficiently. 59 It is noted within the letters of representations received there are concerns in respect to the plot density proposed here insofar as the number of dwellinghouses proposed far exceed the numbers indicated within the LDP2. It should be noted, however, that these numbers are not absolutes and the number of dwellinghouses proposed here are assessed based on a number of factors including the efficient use of land, how they fit in contextually, their design, layout, garden sizes, permeability through the site etc. 60 The proposed development of 152 dwellinghouses will result in 23.3 dwellings per hectare and whilst the density may appear higher, complies with the principles indicated in the masterplan. 61 The design and scale of development should respect its surroundings and adhere to Policies 1A and B of LDP2, which relate to placemaking. Further guidance is also provided within the associated Placemaking Supplementary Guidance. Policy 1B and 17 of the LDP2 and 14 of NPF4 require new housing development to relate to the established character and density levels within a particular area. 62 The layout seeks to provide a logical movement pattern with emphasis on creating permeability through the site. The Galabank Path is incorporated into the layout with connections included. 63 All 152 dwellinghouses will provide two levels of accommodation reaching a height of 2/2.5 storeys. The majority of the units have been orientated to face a road with limited numbers facing parking courts, where they can provide passive surveillance. The proposal provides a mix of 2, 3 and 5 bedroom units, addressing the needs of a range of households. Although the housing mix falls marginally short of the required one/two bed units required by LDP2 Policy 25, we can ensure through future applications for the remaining phases that an overall balance of housing mix is achieved across the MU5 site. 64 All the dwellinghouses will remain below the 90 meter contour line to the north of the site as required by LDP2. It should, however, be noted that due to the sloping nature of the site, the area between the rear of the dwellinghouses and the northern boundary is to be re-engineered, with retaining walls to be erected along the rear boundaries of plots 14-34 (inclusive) and re-grading of the existing slope. Permacrib retaining walls with 1.8m high fencing is proposed on top. The height of the retaining wall itself will vary along the extent of these plots, ranging from between 0.3m up to 2.2m. 65 All of the houses will have a private garden area and in-curtilage parking with the terraced housing having communal parking spaces. Boundary treatments comprise of timber fencing, masonry walls and a combination of both. Overall,
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the scale and density of the development is commensurate with the masterplan and the prevailing townscape in this part of Blairgowrie. 66 Perth and Kinross Council Placemaking Guide 2020, page 39 specifies for off- street parking that parking within the plot should not dominate the front garden of houses. Similarly Designing Streets specifies that car parking should be level with, or behind the main building line which is more aesthetically pleasing in streetscape terms. It further references that parking within the front curtilage should generally be avoided as it breaks up the frontage, can be unsightly and restricts informal surveillance. 67 Some of the parking spaces are situated to avoid a car dominated street view, although this is not carried through the entire site. Where car parking is evident within front gardens, views are broken up with appropriate landscaping. 68 In terms of the proposed design of each house type, there is an acceptable range of design and materials proposed. The Design and Access Statement describes the house designs as being a contemporary interpretation of traditional building style, designed to complement the local area. The proposed palette of materials, including white and magnolia render, brick and a mixture of anthracite and terracotta roof tiles, white garage doors and windows/doors is appropriate in this location and is considered acceptable. The final specification of materials, however, will be required to be determined via a condition (condition 33) 69 The site has been well laid out and designed, taking into account key constraints and opportunities. The site provides good connectivity, both within the development and with the surrounding area, including providing access to existing core path provision. The Design & Access Statement has provided a sound justification for the design and layout of the site, considering a range of key design parameters to illustrate how the proposed development responds to the six qualities (healthy, pleasant, connected, distinctive, adaptable and sustainable) of successful places established by NPF4. The site also incorporates a range of 2–5-bedroom units. The site also mixes the size range of properties across the development. 70 Overall, the general layout, house designs and materials proposed are acceptable. Although the proposed density may appear higher, it is acceptable within the wider context. The proposed development provides an efficient use of land whist at the same time contributes positively to the quality of the surrounding built and natural environment providing an inherently sustainable development and as such is in compliance with relevant NPF4 and LDP2 policies. Landscape and Visual Amenity 71 In terms of the impact on visual amenity of the area, a residential development will inevitably change the visual appearance of the area, however, the application site has been identified for residential use in the LDP, therefore this degree of
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change was envisaged in the site allocation and permission granted under the PPP. 72 The landscape plans submitted for the site sets out how the areas of landscaping will be managed and incorporated into the site. A linear landscape corridor to the west and north of the proposed housing with structure tree and shrub planting, wildflower meadow and hedgerows will provide a transition between the Galabank footpath and proposed housing. Another additional requirement of LDP2 is an enhanced woodland on the western boundary. It is possible that additional trees could be planted here but we would be keen to avoid anything too dense as this could have an impact on the nearby dwellinghouses. This, however, can be controlled by condition (condition 29). 73 The design and layout of the site, along with the proposed landscaping and retention of existing trees is considered to be acceptable in landscape terms and will not cause any unacceptable visual impacts. 74 The proposal meets the objectives of Policies 4, 6 and 14 of NPF4 and LDP2 Policies 1, 39 and 40B. Residential Amenity 75 NPF4 Policy 14(c), NPF4 Policy 23 and LDP2 Policy 1A, 1B, 17, 56 and 57 require any development to not detrimentally impact on residential amenity and to ensure any occupiers of new development have an adequate level of residential amenity. 76 The Council's guidance generally seeks to ensure there is a minimum distance of 9m from windows to boundaries in order to mitigate overlooking from new development. Given the location of the development and the layout proposed there are not considered to be any overlooking concerns from the proposed dwellings. In this case each dwelling has a minimum of 9m deep rear gardens and more than the required 18m window to window distance required by guidance. Privacy, Daylight and Overshadowing 77 The location of the proposed dwellinghouses relevant to existing residential properties is such that there will be no loss of privacy or loss of daylight or overshadowing. Similarly, the new properties are adequately spaced out to prevent any impact on amenity in terms of loss of privacy, daylight or overshadowing. 78 As such, the proposal accords with the intent of NPF4 Policy 14(c): Design, Quality and Place and LDP2 Policies 1A and 1B, Placemaking and Policy 17 Residential Areas in respect of residential amenity.
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Noise 79 Condition 26 of the PPP requires a noise assessment to be submitted to demonstrate acceptable internal noise levels of 35 dB within all dwellings taking into account any acoustic mitigation proposed. An updated noise impact assessment has been submitted due to the proximity to the A93, Dunkeld Road and Gallowbank Road and this has subsequently been reviewed by Environmental Health. 80 Measurements were undertaken at 6m from Dunkeld Road near kerbside with results provided in the NIA. It was noted that the dominant noise source across the proposed site is road traffic noise from the Dunkeld Road and local road network. 81 SoundPLAN modelling was used to demonstrate properties which would exceed 55 dB LAeq,16hr in gardens (shown in Figure1), 50 dB LAeq,16hr equating to internal limit of 35 dB LAeq,16hr allowing for open window scenario (Figure 2) and 45 dB LAeq,8hr again allowing for open window scenario (Figure 3). 82 Results given in Table 2 indicate that at plots 2, 85, 100 and 103 the target levels are not achievable for open windows scenario and a minimum of between 16 - 28 Rw,Ctr (glazing and alternative ventilation) is required for both ground and first floor rooms (as shown in Table 2). 83 Mitigation in the form of glazing and alternative ventilation as described in Page 13 and Table 2 of the noise impact assessment (NIA) undertaken by KSG Acoustics dated 02 September 2024 (rev 5) shall be put in place prior to occupation of plots 2, 85, 100 and 103 (condition 32). 84 The impact of road traffic noise within garden grounds has also been predicted, with results given in Table 3 (noted as Figure 3) and indicate that at plot 103, the target level of 55 dB LAeq,16hr is not achievable without mitigation. 85 Mitigation in the form of 1.8m high close boarded fencing with a minimum surface density of 15kg/m2, with no air gaps between the fence and ground or any panel or board, as shown in drawing 51, or alternative barrier construction such as a brick wall, at the same height, at plot 103 has been recommended (condition 32). Dust 86 A detailed Air Quality Impact Assessment (AQIA), which included a cumulative assessment with other large-scale development in Blairgowrie, was assessed as part of the PPP. Environmental Health had no objection to the assessment within the PPP and no further appraisal is required. Therefore, there are no conflicts with LDP2 Policy 57. The AQIA included dust control measures to be put in place throughout the construction of the development. The recommended measures are required to be implemented via Condition 9 of the PPP and will remain enforceable for the duration of the construction.
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87 Therefore, subject to conditions, the proposal meets the terms of the PPP and the above noted policies. Roads and Access 88 Condition 3(iv) of the PPP specifies details required for roads, footpaths, cycleways and path connections. NPF4 Policy 13: Sustainable Transport seeks to encourage developments that prioritise sustainable travel while LDP2 Policy 60 Transport Standards and Accessibility Requirements requires consideration of transport and accessibility. A supporting Transport Statement has been assessed by the Council’s Transport Planning team, who do not object with the scale of development and parking requirements considered adequate. 89 The applicant is proposing to create one new vehicle access onto Dunkeld Road for 145 of the dwellinghouses. The remaining 7 will have vehicle accesses directly onto Dunkeld Road. The applicant is proposing 38 visitor parking spaces throughout the development site, which complies with the requirements of the National Roads Development Guide. It is noted that all plots will have the option to add electrical charge points. 90 The applicant is proposing links to the Galabank path to the west of the site and also path links through to Gallowbank Road to the east of the site. The paths will be finished in asphalt to tie in with the footpaths located elsewhere within the site. An appropriately worded condition will be added to the consent to ensure footpaths link into exiting paths and are usable (conditions 14 - 16). 91 Communications have taken place regarding design standards throughout the proposed development, in particular, continuous footways, raised tables, step off facilities at visitor parking, parking provision, electric charge points, roads drainage, trip generation, visibility splays, street lighting and the requirement for a residential travel plan. These issues are now resolved subject to the imposition of relevant conditions. 92 The applicant has shown roads drainage on the plans provided and have advised that the main carrier pipe will be adopted by Scottish Water with the gulleys marked for the Roads Authority. There will also be a filter trench. The finalised Roads Drainage details will be agreed through the Road Construction Consent Process. Informative recommended. 93 The applicant has provided a swept path to show that the waste services vehicle can navigate the site. It should also be noted that whilst the build is ongoing, the Refuse Collection Vehicle will only access the site, if the Waste Services team are happy with the surfaces of the roads and footways for operatives and vehicles to work on and within, along with a suitable turning facility for the vehicles; otherwise waste will need to be presented at a location agreeable to the Waste Services team.
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94 The applicant has provided details on the trip rates for the site. The applicant has confirmed that the level of trips for the site have reduced from that of the levels expected in January 2023, where it was expected that there would be 175 dwellinghouses. This number has reduced to 152 in the current site layout. 95 An approved street lighting design required, including improvements to the existing street lighting on Dunkeld Road at the proposed site access. The applicant is requested to show the proposed lighting arrangements for the private locations, including parking courts, to show an appropriate level of illumination. This will be controlled by condition 12. 96 The applicant shall provide a residential travel plan applicable to the site. This will be conditioned accordingly (condition 17). 97 Therefore, subject to the conditions specified above and a further condition to manage construction traffic activity through a Construction Traffic Management Plan (condition 10), the proposal meets the terms of the PPP, NPF4 Policy 13: Sustainable Transport and LDP2 Policy 60: Transport Standards and Accessibility Requirements. Core Path 98 LDP2 Policy 15 is concerned with public access; including core paths and rights of way, and development proposals must not have an adverse impact on such routes. The LDP2 MU5 allocation requires protection of local footpaths. Core path BLAI/31 and Right of Way 17/31 have potential to be impacted by any development in this area. Plans include this path in the design, with links creating a strong connection to it from the western edge of the proposed development. A condition is proposed to ensure that core paths be protected and remain operational during the construction phases (condition 18). Drainage and Flooding 99 PPP Condition 3(ix) requires details of the proposed foul and surface water Drainage to be provided. Conditions 10 and 11 support Condition 3(ix) and specify the approach to flood risk assessment and surface water drainage arrangements. The supporting Flood Risk Assessment (FRA) and Drainage Impact Assessment (DIA) have been assessed by the Council’s Structures and Flooding team. Structures and Flooding initially sought clarifications in relation to the flood risk and surface water drainage arrangements. However, following receipt of further technical drawings and information, these concerns, subject to conditions, have been addressed (conditions 4-7 (inclusive)). 100 Scottish Water have advised that they do not object to this planning application, however, this does not confirm that the proposed development can currently be serviced. They further advise, however, that the applicant should be aware that they are unable to reserve capacity and once a formal
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connection application is submitted to Scottish Water, they will review the availability of capacity. 101 Overall, the proposal complies with NPF4 Policy 22: Flood Risk and Water Management and LDP2 Policy 52: New Development and Flooding and Policy 53: Water Environment and Drainage. Waste Collection 102 The Council’s Community Waste Advisers have been consulted and have provided information on what provision should be made for waste and recycling. The dwellings will receive the 4-bin system. An informative note is recommended regarding waste collection and will be attached to the permission (Informative 6). Archaeology 103 Perth and Kinross Heritage Trust (PKHT) have been consulted and advised that the proposed development site lies within an area that is considered to have archaeological potential given the number of pre-historic archaeological sites located in close proximity to the proposed development site. An Archaeological Assessment was presented as part of 17/00939/IPM which was carried out by professional archaeological contractors AOC Archaeology. This considered the direct and indirect effects of the proposed development on heritage assets, and concluded that overall, there is considered to be a high potential for remains of prehistoric to Roman date to be present within the development area. 104 The first phase of development at Field 4 was evaluated by trial trenching in 2020 and also part of Field 3 in 2023, during which nothing of archaeological interest was identified, however, the northern areas of the development boundary, which includes the present development area, have not been evaluated, and there remains a high potential for buried archaeological remains here which would be impacted upon by the development. 105 As required by condition 8 of the PPP, PKHT recommend that an archaeological programme of works take place. This should comprise in the first instance of a 10% Trial Trenching evaluation to assess the presence / absence, character and significance of archaeological deposits on the site and the extent to which the development will impact upon them. This evaluation will inform a mitigation strategy, if required, to either preserve significant deposits within the development or for further archaeological works, to consist of the excavation and post-excavation analysis / publication of these deposits. The scope of these works should be discussed with PKHT and be clarified in a Written Scheme of Investigation (WSI). 106 Additionally, it is noted that the boundary of this development extends to the south of Dunkeld Road (A923 and should be included in the programme of works above. Furthermore, this area is adjacent to the burial mound at Fir Hillock (SM9612) and fencing off of this site with an appropriate buffer, to be
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agreed with Historic Environment Scotland, prior to and for the during the course of development works will also be required. This will be secured by condition (condition 9). 107 It is recommended that a condition is imposed (condition 8) requiring a programme of archaeological works to be undertaken prior to any development taking place. The requested condition will ensure that the proposal complies with NPF4 Policy 7: Historic Assets and Places and LDP2 Policy 26: Scheduled Monuments and Archaeology. Conservation Considerations 108 Colleagues with conservation expertise have been consulted and have advised that the proposed development does not raise any concerns in respect to any significant impact on the Blairgowrie Conservation Area or any listed building due to their being adequate separation distance. 109 As such the proposal complies with NPF4 Policy 7 and LDP2 Policies 27 and 28. Natural Heritage and Biodiversity 110 The consideration of natural heritage and biodiversity is integral to the layout, design and landscaping detail required by the PPP. NPF4 Policy 1: Sustainable Places, Policy 3: Biodiversity, Policy 4: Natural Places and Policy 6: Forestry Woodland and Trees are relevant considerations as are LDP2 Policies 38: Environment and Conservation, 40: Forestry, Woodland and Trees, Policy 41: Biodiversity and Policy 45: Lunan Lochs Catchment Area. 111 The PPP requires an updated Ecological Assessment and a Protected Species Survey, of which have been submitted. It should also be noted that whilst a Woodland Management Plan (WMP) to satisfy condition 12 (ix) of the PPP is required to be submitted, as there is no woodland associated with this part of the wider PPP site, this has not been submitted. A Planting Notes and Landscaping Maintenance and Management Proposals document dated June 2024 by Brindleys, however, has been submitted to satisfy the requirements for maintenance arrangements for all landscaping and planting associated with the development proposed for Phase 3. Furthermore, a WMP was approved as part of a previous AMSC application (22/00060/AMM) and one which contains an ancient woodland. As such it is considered this part of condition 12 is satisfied. 112 The Preliminary Ecological Appraisal (PEA) specifies that the study area contains no sites with a statutory nature conservation designation, however, there are two internationally designated site which are within 2.5km of the site; Dunkeld and Blairgowrie Lochs SAC and the River Tay SAC and 3 nationally designated sites; Ardblair and Myreside Fens SSSI, Craighall Gorge SSSI; and Hare Myre, Monk Myre and Stormont Loch SSSI. The PEA demonstrates the proposed development will not adversely affect these designates sites.
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113 NatureScot and SEPA have been consulted and offer no comment on the proposal. The proposed development is connecting to the public sewerage system, the dwellinghouses are being built on a field that doesn’t have connectivity to the Lochs and the SUDS pond, although proposed in the field adjacent, will not have connectivity. As such, there are no adverse impacts forecast for these designations. In terms of protected species, the updated Ecological Appraisal reiterates the sites low potential for use by European Protected Species, and low habitat diversity and biodiversity value. 114 The Ecological Appraisal and detailed landscape proposals have been assessed by the Council’s Biodiversity/Tree Officer and Community Greenspace. One hundred and thirty-five trees have been identified within the tree report, of which it is proposed to remove three. Tree selection and landscaping throughout the site is considered acceptable. It is, however, worth noting that this agricultural land is very likely to have existing field drains that control surface and ground water respectively. There is a likelihood of surface water runoff from this sloping site into the properties adjacent to the north side of Dunkeld Road, following soil stripping and ground works. The developer will, therefore, be required to put in appropriate measures to control surface water run-off. This will be secured by condition. 115 Following an update to the plans to provide more information the details are considered acceptable in terms of landscape and biodiversity value. 116 Planning conditions are proposed to ensure appropriate protection or mitigation of habitats and species during and post-construction. During the construction phase, a Construction Environmental Management Plan (CEMP) is required to ensure adequate controls are in place to preserve environmental quality and biodiversity (condition 20). 117 It is concluded that, within the site, the proposal adequately provides for and enhances natural heritage and biodiversity and thereby complies with the relevant policies of NPF4 and LDP2. Contamination 118 NPF4 Policy 9 Brownfield, vacant and derelict land and empty buildings and LDP2 Policy 58A: Contaminated and Unstable Land are relevant considerations. 119 A Site Investigation Report produced by Bayne Stevenson Associates Ltd dated November 2021 has been submitted to this application. The report covers Phase 2C & 3 of the wider development and has not identified any constraints with regards to contaminated land. 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. 120 It is concluded that, the proposal complies with the relevant policies of NPF4 and LDP2 subject to the above.
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Sustainability 121 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 buildings, consideration must be given to this requirement. Further, NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ requires that development should be designed to reduce green gas emissions. 122 In this instance, the submission refers to Solar PV panels and improved insulation on each home. The energy statement submitted states that the proposed design provides opportunities for passive and natural energy sources in order to create a low-energy development. The energy statement further states that through sustainable design, building practices and the incorporation of micro-renewable technologies into the dwellinghouses, they can achieve the carbon reduction targets set within LDP2. This will be covered by condition to ensure the proposal complies with policy 32 (condition 19). 123 NPF4 Policy 19: Heating and Cooling, LDP2 Policy 34: Sustainable Heating and Cooling and in line with condition 17 of the PPP, the applicant was required to submit a District Heating Feasibility Study to assess the technical feasibility and financial viability of district heating for the site as part of the first AMSC application (ref: 19/00163/AMM). The study concluded that it is not currently viable to incorporate district heating within the development due to the size of the site and high capital cost. This position was accepted as part of 19/00163/AMM and 22/00060/MM and there is no further requirement for its consideration as part of this phase. 124 It is, however, worth noting that the Local Heat and Energy Efficiency Strategy (LHEES) has been adopted by Perth and Kinross Council in July 2024 and as such weight should be attributed to Heat Network Zones (HNZs) identified in the LHEES. Potential LHEES zones identify areas where heat networks could be a potential option for decarbonization. They consider things like: heat demand density, proximity to large heat demands, potential constraints and opportunities, and proximity to existing heat networks. Noted on page 73 of the LHEES is an indicative Blairgowrie HNZ. 125 Anchor loads identified in this zone are Blairgowrie Community Hospital, Blairgowrie High School and Live Active Blairgowrie. Proctor Production Facilities and Blairgowrie Community Campus are located to the north and south of the zone respectively. The zone is adjacent to the development site (MU5) identified for mixed-use development. 126 NPF4 Policy 19 sets out the Scottish Governments policy in relation to decarbonised heating. The proposal has been considered in relation to the policy criteria of NPF4 Policy 19a-c, none of which is relevant to this proposal.
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(a) Development proposals within or adjacent to a Heat Network Zone identified in a LDP will only be supported where they are designed and constructed to connect to the existing heat network. LDP2 pre- dates the formation of LHEES policy, therefore, there are no HNZs identified in the adopted LDP. The next LDP (LDP3) will look to incorporate any HNZs as part of the Spatial Strategy. (b) Proposals for retrofitting a connection to a heat network will be supported. There is no existing heat network scheme, so this is not relevant. (c) Where a heat network is planned but not yet in place, development proposals will only be supported where they are designed and constructed to allow for cost-effective connection at a later date. There is no planned heat network scheme for the area, other than an indicative heat network zone being established through the LHEES. Developer Contributions 127 LDP2 Policy 5 – Infrastructure Contributions requires consideration of the individual or cumulative impact of new development on infrastructure and facilities and to secure contributions to address this impact where the development exacerbates impacts or generates additional need. Affordable Housing 128 The Council’s LDP2 Affordable Housing Policy requires that 25% of the total number of houses, above a threshold of 5 units, for which planning consent is being sought is to be in the form of affordable housing. 129 There is an existing S75 Agreement in place for this site in connection with the Planning Permission in Principle consent ref: 17/00939/IPM. 130 Approval of matters specified in conditions application has also gained consent since then, Phase 1A (19/00163/AMM) and Phases 1B and 2A (22/00060/AMM). The current application relates to Phase 3. 131 It is acknowledged that Phase 2, application 22/0060/AMM is approved on the basis that 73 new affordable homes will be delivered. 132 Notwithstanding, clause 5.2 of the S75 Agreement requires that prior to the submission of the first Application for Approval of a Condition in each development area, the relevant owner shall in either case following consultation with the relevant Council and statutory undertakers, submit a draft Affordable Housing Scheme to the Council for approval. An Affordable Housing Scheme has been submitted which satisfies the S75 requirement. 133 There is no requirement for affordable housing to be provided within this phase of the wider MU5 site as this is provided for in other phases as noted above.
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Primary Education 134 The existing S75 includes a requirement for a Primary School contribution to be paid for the purpose of providing improved or additional primary education facilities to serve the development. This phase of the development will trigger a requirement for a contribution to be paid. The relevant timescale for the payment is set out within the terms of the agreement. Play Park 135 Community Greenspace have advised that the development falls within the catchment for the play area at Lochy Park. They have requested a financial contribution towards the maintenance of the park. A sum of £11,965.25 is being sought. The applicant has advised this will be an upfront payment. 136 As the SUDS is to be privately factored, no sum in this regard is sought. 137 The agreement in place continues to meet the requirements of the PPP as well as NPF4 Policy 18: Infrastructure First and LDP2 Policy 5: Infrastructure Contributions. Local Living and 20 Minute Neighbourhoods 138 NPF4 Policy 15 requires that development proposals contribute to local living where the majority of people can meet their daily needs within reasonable distance of their home. The proposed development is located within an allocated site, within an existing residential area and is easily accessible by sustainable modes of transport including public transport, walking, wheeling and cycling networks. The development of the site would provide private homes in a location which is well served by local shops, schools, parks and open space within easy walking and wheeling distance and is therefore considered to meet the requirements of Policy 15 of NPF4. Statement of Community Benefit 139 NPF4 Policy 16 requires development proposals that include 50 or more homes, and smaller developments if required by local policy or guidance, be accompanied by a Statement of Community Benefit. The Applicant has submitted a Statement of Community Benefit which concludes that the proposed development will provide community benefits in 3 key areas: environmental, economic and social benefits. It will provide a broad range of new homes of varying sizes and tenures. Whilst not restricted to, benefits include areas of open space, significant investment in associated local infrastructure and services and in addition to this will increase consumer spending for local business and services all to the benefit of the community. The proposed development, therefore, is in compliance with NPF4 Policy 16.
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Future Phases 140 The number of units proposed here together with those already consented would result in 255 units over the masterplan area with subsequent phases (2B and 2C) still to come forward. The indicative number within LDP2 is 179- 280, leaving only 25 units left for subsequent phases to fall within the indicative number. It should, however, be noted that this figure is indicative and not binding. The phasing plan submitted indicates 130 units in 2B and 102 units in phase 2C with a total of 487 units over all 3 phases. 141 Whilst it is not a matter for this application, it is noted that whilst the overall total number of units for the masterplan area of both private and affordable houses and 39 Assisted Living units being above the indicative number of 179-280 in the LDP, approval of PPP 17/00939/IPM included assessment of detailed supporting documentation for a development of up to 400 dwellinghouses which was considered suitable for edge of settlement locations in the context of national policy, stating the desirability of using land efficiently. Nonetheless, that figure is also indicative as highlighted by condition 2 of the PPP and is not binding. 142 Referring back to the submitted phasing plan which indicates a total of 487 units over all 3 phases, a figure which is above the indicative 400 dwellinghouses as noted above, may result in the need to seek detailed planning permission for an increased range on the remaining sites. Economic Impact 143 During the construction period, jobs will be created and sustained, supporting in-direct employment and revenue that this volume of construction activity will generate from employees spending on local goods and services. Longer term, additional residents to the area will also support existing local employment and services in the area. VARIATION OF APPLICATION UNDER SECTION 32A 144 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 reduce the number of dwellinghouses from 171 to 152. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 145 A Section 75 agreement has been secured for the 17/00939/IPM planning permission to secure necessary infrastructure improvements and contributions. The agreement in place continues to meet the objectives of the PPP and LDP2 Policy 5, however, as noted above, a commuted sum will be required.
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DIRECTION BY SCOTTISH MINISTERS 146 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 147 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 Conditions and Reasons for Recommendation 1. The development hereby permitted shall be commenced no later than the expiration of two years from the date of this consent or from the date of subsequent approval of matters specified in conditions, or three years from the date of planning permission in principle, whichever is the later. 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 development shall commence until a detailed phasing strategy (supported by appropriate plans) shall be submitted to and approved in writing by the Council as Planning Authority. The phasing strategy shall include the following details: (i) The timing and number of dwellings to be developed in each phase; (ii) The timing and delivery of infrastructure, open space and landscaping; (iii) The timing and location of any temporary construction compound.
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Once approved, the development shall proceed in accordance with the approved delivery phasing strategy to the satisfaction of the Council as Planning Authority. Reason: In order to ensure the satisfactory implementation and completion of the development. Drainage and Flooding 4 Development shall not commence on site until commentary and a plan drawing, illustrating previously installed field drainage infrastructure to the North of the site, has been submitted to and subsequently approved in writing by the Planning Authority. Reason: to ensure the provision of effective drainage for the site. 5. The developer shall ensure all SuDS features are fit for purpose and appropriately control, treat and discharge surface water up to and including their design standard. Reason: to ensure the provision of effective drainage for the site. 6. Concurrent with the initiation of the development hereby approved and for the duration of construction, a temporary surface water treatment facility shall be implemented on site and maintained for the duration of the approved development works. The temporary surface water treatment facility shall remain in place until the permanent surface water drainage scheme is implemented unless otherwise agreed in writing by the Council as Planning Authority. Reason: To ensure the appropriate management of construction surface water run-off to minimise flooding and avoid discharge of sediment/pollution to the local water environment or neighbouring property, in the interests of residential and environmental amenity. 7. Development shall not commence on site until correspondence, confirming relevant parties’ agreement to maintenance of SuDS features, has been submitted to and subsequently approved in writing by the Planning Authority. Reason: To ensure the provision of effective drainage for the site. Archaeology 8. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of archaeological investigation which has been submitted by the applicant and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust. Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development
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site is undertaken. In addition, the developer shall afford access at all reasonable times to Perth and Kinross Heritage Trust or a nominated representative and shall allow them to observe work in progress. Reason: The site lies adjacent to areas of archaeological significance. 9. Prior to the commencement of any works on site, appropriate fencing shall be put in place to protect the burial mound at Fir Hillock (SM9612). The details of which to be submitted and agreed in writing by the Planning Authority in consultation with Historic Environment Scotland prior to installation. The agreed details shall, thereafter, be implemented and remain in situ during the course of development. Reason: In order to safeguard the scheduled monument. Roads and Access 10. Prior to the commencement of the development hereby approved, the developer shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: (a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; (b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; (c) a code of conduct for HGV drivers to allow for queuing traffic to pass; (d) arrangements for liaison with the Roads Authority regarding winter maintenance; (e) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; (f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; (g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; (h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; (i) details of information signs to inform other road users of construction traffic; (j) arrangements to ensure that access for emergency service vehicles are not impeded; (k) co-ordination with other significant developments known to use roads affected by construction traffic;
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(l) traffic arrangements in the immediate vicinity of temporary construction compounds; (m) monitoring, reporting and implementation arrangements; (n) arrangements for dealing with non-compliance; and (o) details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason: In the interests of road safety 11. Prior to the commencement of the development hereby approved, a detailed design showing the relocated position of the vehicle activated speed sign shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The vehicle activated speed sign, 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 works commencing on Plots 97 to 103. Reason: In the interests of pedestrian and traffic safety 12. 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, and timescales for delivery. The agreed lighting scheme shall be implemented and maintained in full accordance with the agreed scheme. Reason: In the interests of road safety. 13. Prior to occupation of Plots 97 to 103, the visibility splays shown on Drawings 110 and 111 shall be provided in full. 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. The visibility splays, as approved in writing, shall be implemented in accordance with the approved details and retained 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. 14. The occupation of plots 1-4 hereby approved shall not occur until the proposed footpath connection to the immediate southwest of these plots connecting to the
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core path BLAI/31, as shown on drawing number 23/01941/56 is operational to the satisfaction of the Planning Authority. Reason: In the interest of sustainable transport. 15. The occupation of plots 8-10 hereby approved shall not occur until the proposed footpath connection to the immediate south west of these plots connecting to the core path BLAI/31, as shown on drawing number 23/01941/56 is operational to the satisfaction of the Planning Authority. Reason: In the interest of sustainable transport. 16. The occupation of plots 42-45 hereby approved shall not occur until the proposed footpath connection to the immediate south east of these plots connecting to Gallowbank Road as shown on drawing number 23/01941/56 is operational to the satisfaction of the Planning Authority. Reason: In the interest of sustainable transport. 17. No part of the development shall be occupied until a Residential Travel Plan (RTP), aimed to encourage more sustainable means of travel, has been submitted to and agreed in writing by the Council in consultation with Transport Planning. The RTP will have particular regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided, the system of management, monitoring, review, reporting and the duration of the plan. Reason: To promote sustainable transport options and to meet advice within National Planning Framework on transport. Core Paths 18. All existing rights of way, core paths within or adjacent to the completed development shall at all times be protected and remain operational during the construction phases. Reason: In the interest of sustainable transportation. Environmental Impact 19. Prior to the commencement of development hereby approved, a scheme shall be submitted to, and approved in writing by, the Council as Planning Authority that demonstrates how at least 10% of the current carbon emissions reduction set by the Scottish Buildings Standards will be met through the installation and operation of low and zero-carbon technologies. This scheme shall detail for each building: a) the technology types;
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b) illustrate, through technical calculations, that these will meet at least the 10% reduction; c) their siting and location; and d) ongoing operation and maintenance. Once approved, the development shall be completed in accordance with the approved scheme and no individual unit shall be occupied until the scheme has been installed and operating. Reason: To embed low and zero-carbon technologies within the development in the interest of environmental sustainability. 20. Prior to the commencement of development of each phase a Construction Environmental Management Plan (CEMP) must be submitted for the approval of the Planning Authority. The measures outlined in the agreed CEMP shall be adhered to at all times during the construction period. Reason: In the interests of protecting environmental quality and of biodiversity. Biodiversity 21. The conclusions and recommended action points within the supporting Ecological Survey and Biodiversity Action Plan submitted and hereby approved (document number 113 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. 22. An updated ecological survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the 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 protecting environmental quality and of biodiversity. 23. Prior to the completion or occupation of the development hereby approved, whichever is the earlier, wildlife kerbs shall be installed adjacent to all road gullies within 500metres of a SUDS pond or watercourse. Thereafter, the kerbs shall be retained 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. 24. Prior to the completion or occupation of the development hereby approved, whichever is the earlier, hedgehog highways shall be created by providing access gaps in wooden fences on each plot at least 13cm x 13cm at ground
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level, to allow for the free movement of hedgehogs. Thereafter, the hedgehog highways shall be retained 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. 25. 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. 26. The bird boxes and swift/bat bricks as shown on plan 23/01941/100 hereby approved shall be implemented prior to the occupation of each relevant residential unit. Thereafter, they should be maintained in a reasonable condition for the life of the development. Reason: In the interests of protecting environmental quality and of biodiversity. Trees and Landscape 27. Prior to the commencement of any works on site, all trees on site (other than those marked for felling on the approved plans) and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the duration of construction. Reason: To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 28. 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. 29. The detailed landscaping and planting scheme which is hereby approved shall be completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. The approved scheme shall thereafter be maintained to the satisfaction of the Council as Planning Authority, with any planting which fails to become
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established within five years being replaced in the following planting season with others of a size and species as previously approved. Reason: In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 30. All landscaped areas outwith the curtilages of the dwellings and shown on the approved drawings shall be permanently retained as such and shall at no time be used as private garden ground nor incorporated within the curtilage of any of the dwellings hereby approved without the express grant of planning permission by the Planning Authority. Reason: In the interests of the character and appearance of the development. Residential Amenity 31 An acoustic barrier as described in Page 14 of the noise impact assessment (NIA) undertaken by KSG Acoustics, dated 02 September 2024 (rev 5) shall be put in place prior to occupation of plot 103. Reason: In the interests of residential amenity. 32. Mitigation measures, in the form of glazing and alternative ventilation as described in Page 13 and Table 2 of the noise impact assessment (NIA) undertaken by KSG Acoustics dated 02 September 2024 (rev 5) shall be put in place prior to occupation of plots 2, 85, 100 and 103. Reason: In the interests of residential amenity. Materials 33. Prior to the commencement of the development hereby approved, details of the specification and colour of the proposed external finishing materials to be used shall be submitted to and agreed in writing by the Council as Planning Authority. The scheme as agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan.
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Procedural Notes A sum of £11,965.25 is being sought for the maintenance of Lochy Park. This payment must be made by the applicant before the decision notice can be released. Informatives 1. Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the planning authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. Please use the form attached herewith. 3. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: • Displayed in a prominent place at or in the vicinity of the site of the development • Readily visible to the public • Printed on durable material. 4. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 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. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow for the collection of waste.
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7. 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. 8. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council as Roads Authority Road Construction Consent (RCC) to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environmental Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 9. The applicant is advised that in terms of Sections 56 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environmental Protection Agency. 10. No work shall be commenced until an application for building warrant has been submitted and approved. 11. The applicant is advised that the granting of planning permission does not guarantee a connection to Scottish Water's assets. The applicant must make a separate application to Scottish Water Planning & Development Services team for permission to connect to the public wastewater system and/or water network and all their requirements must be fully adhered to. 12. 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 reduce number of dwellinghouses. 13. 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 14. 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.
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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. 15. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are sever for non-compliance. 16. The applicant is advised that technical approval will be required for all street lighting apparatus within adoptable areas and should contact the Street Lighting Partnership to obtain technical approval prior to the submission of a Road Construction Consent application. 17. The granting of planning permission does not stop the continued right of public access along the existing core path BLAI/31. An order under the Town and Country Planning (Scotland) Act 1997, Section 208 or an amendment of the Core Path Plan under the Land Reform (Scotland) Act 2003 should be sought in advance of any works authorised by this planning permission being commenced. All relevant approvals should be in place prior to any stopping up and diversion of the core path taking place. 18. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 19. The applicant is to be reminded that any works to the south of the A923 must avoid any accidental damage to the scheduled monument, Fir Hillock, burial mound 750m east of Ardblair Castle (SM9612). 20. The planning permission decision notice shall not be issued until such time as the required commuted sum for the maintenance of Lochy Park has been secured or paid in full. In the event the applicant does not either make the required payment within 28 days from the date the agent/applicant is advised of the need for the contributions or complete a legal agreement for delayed payment within a 4 month period from the date the agent/applicant is advised of the need for the contributions the application may be refused under delegated powers without any further discussion with the applicant.
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Background Papers: 98 letters of representation Contact Officer: Gillian Peebles 01738 475330 Date: 29 November 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING