24/01023/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. 24/359) PROPOSAL: Erection of 292 dwellinghouses, 48 flats, 28 detached garages, 3 retail units, a refuse/bike store and a sports changing pavilion, formation of leisure facilities, SUDS ponds, parking areas, landscaping and associated works, (Phase 1) (allocated site MU73) (approval of matters specified in conditions 21/00383/IPM) LOCATION: Land adjacent to Huntingtowerfield & Ruthvenfield, Huntingtowerfield, Perth Ref. No: 24/01023/AMM Ward No: P5- Strathtay Summary This report recommends approval of a Matters Specified in Conditions (AMSC) application for the erection of a total of 340 dwellings (292 houses and 48 flats), 3 retail units, a sports changing pavilion and associated infrastructure and works, relating to Phases 1/1A and the ‘Local Centre’, in the northern part of the site, referred to as ‘Almond Valley’. This Report concludes that the proposal is consistent with the Development Plan, the existing Planning Permission in Principle (PPP) consent (Ref: 21/00383/IPM) and other relevant material planning considerations. BACKGROUND AND DESCRIPTION OF PROPOSAL 1. The application site extends to an area of 29.2 ha and forms part of the development site known as ‘Almond Valley’, which extends to 103 hectares (ha) and is located immediately beyond the north-western edge of Perth. The application site currently comprises arable and grazing farmland. However, historically it was used for industrial purposes and there remain older properties throughout the site, mainly associated with historic mill activities related to Perth Lade. In addition, overland power lines pass across the site in a southwest / northeast alignment and an underground gas main traverses the north-east section of the site. 2. Almond Valley is allocated as ‘Site MU73’ within the Perth and Kinross Local Development Plan 2019 (LDP2). MU73 identified for a mixed-use development, including up to 1,100 dwellings.
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3. The current application is for Phase 1/1A and the Local Centre of the development and comprises 340 dwellings (292 houses and 48 flats), 3 retail units, a sports changing pavilion and associated infrastructure and works. A previous detailed approval has been granted for this phase (19/01433/AMM) and remains extant. Some of the conditions of the PPP have been agreed under that consent and, due to the similarities with the current application, do not require to be revisited. The current application for AMSC will be required to implemented concurrently with certain matters previously approved under AMSCs 19/01430/AMM and 19/01433/AMM. These matters are detailed in the assessment section of the report. 4. The developer for the previously approved permission was Stewart Milne Group. Barratt has since sought to acquire the site, thereby requiring some amendments to the previous approval to reflect the different house types now proposed, alongside some other relatively minor changes to the layout. 5. Of the 340 residential units proposed, 255 will be for sale and 85 will be affordable homes. These dwellings comprise a mix of detached dwellinghouses, semi-detached dwellinghouses, terraces and flats. The numbers and tenure mix are: • 24 x one-bedroom cottage flats; • 24 x two-bedroom flats; • 7 x two-bedroom terraced dwellinghouses; • 44 x three-bedroom terraced dwellinghouses; • 12 x four-bedroom terraced dwellinghouses; • 46 x three-bedroom semi-detached dwellinghouses; • 128 x three-bedroom detached dwellinghouses; and • 55 x three-bedroom with study detached dwellinghouses. 6. In addition, the following is proposed: • Community facilities; including a retail/local centre comprising 3 units (187sq/m total floorspace) • Open space; • Dedicated equipped outdoor play area; • Sports pitches and pavilion provision adjacent to the River Almond; and • New vehicular and pedestrian routes, including connection to the recently constructed A9/A85 link road. SITE HISTORY 7 08/00678/IPM was Refused On 5 January 2012 for Residential-led development to provide 1,800 new homes, a primary school, leisure, retail, office facilities along with new vehicular and pedestrian access, open space and landscaping (in principle)
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8 10/00005/PAN On 7 May 2010 for Mixed use development comprising residential, retail, business and industrial associated community facilities, landscaping, car parking and infrastructure including roads and accesses 9 14/00011/PAN On 13 October 2014 for Mixed use development compromising residential, a primary school and community facilities 10 14/01961/SCOP On 23 December 2014 for Scoping opinion for mixed use development compromising residential, a primary school and community facilities 11 15/00546/IPM application was Withdrawn On 3 July 2015 for Residential development with school and community facilities, open space, landscaping and associated infrastructure (in principle) 12 15/01157/IPM was Refused On 18 May 2016 for Residential development with school and community facilities, open space, landscaping and associated infrastructure (in principle) 13 19/00056/SCRN On 5 March 2019 for Construction of a road 14 19/01430/AMM was Approved On 25 November 2022 for Formation of primary vehicular access and associated works (approval of matters specified in conditions of planning application 15/01157/IPM or as subsequently superseded by application 21/00383/IPM) 15 19/01433/AMM was Approved On 12 December 2022 for Erection of 284 dwellinghouses, 21 detached garages, 56 flats, 3 retail units, a refuse/bike store and a sports changing pavillion, formation of boundary treatments, retaining walls, leisure facilities, SUDS ponds, parking areas, landscaping and associated works (approval of matters specified in conditions of planning application 15/01157/IPM or as subsequently superseded by application 21/00383/IPM) (Phase 1 and 1A) (allocated site MU73) 16 21/00383/IPM was Approved On 25 November 2022 for S42 application to modify condition 8 (sustainable development) and condition 16 (residential occupation) of permission 15/01157/IPM ENVIRONMENTAL IMPACT ASSESSMENT 17 The wider Almond Valley development is of a type listed within Schedule 2 of the EIA Regulations and has been subject of EIA screening related to the initial ‘PPP’ permission (15/01157/IPM). Additional environmental information has been provided through EIA Addendums. PRE-APPLICATION CONSULTATION 18 As an AMSC application, the applicants were not required to undertake any formal pre-application consultation with the local community.
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DEVELOPMENT PLAN 19 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 20 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. 21 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 7: Historic Assets and Places • Policy 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 20: Blue and Green Infrastructure • Policy 21: Play, Recreation and Sport • Policy 28: Retail Perth and Kinross Local Development Plan 2019 22 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. 23 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 7B: Employment and Mixed Used Areas: Mixed Use Sites • Policy 14B: Open Space Retention and Provision: Open Space within New Developments
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• Policy 15: Public Access • Policy 17: Residential Areas • Policy 20: Affordable Housing • Policy 23: Delivery of Development Sites • Policy 25: Housing Mix • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 27A: Listed Buildings • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 38A: Environment and Conservation: International Nature Conservation Sites • Policy 38B: Environment and Conservation: National Designations • Policy 38C: Environment and Conservation: Local Designations • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 44: Perth Lade Green Corridor • Policy 52: New Development and Flooding • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 54: Health and Safety Consultation Zones • Policy 56: Noise Pollution • 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 24 • 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 - 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) PKC NON STATUTORY GUIDANCE 25 • Planning Guidance - Delivery of Development Sites • Planning Guidance - Planning & Biodiversity
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NATIONAL GUIDANCE 26 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 27 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 65 Planning and Open Space • PAN 67 Housing Quality • PAN 68 Design Statements • PAN 75 Planning for Transport • PAN 79 Water and Drainage Creating Places 2013 28 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 29 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 30 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 31 As part of the planning application process the following bodies were consulted:
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External 32 Perth and Kinross Health and Social Care Partnership (NHS): Local healthcare infrastructure needs must therefore be clearly identified in the Local Development Plans in the future, to inform the strategy and development proposals. Early engagement and collaboration between relevant stakeholders will better inform decisions on land use and investment. 33 Methven Community Council: Concerns over construction access, lack of public transport and community consultation. 34 Transport Scotland: No objection, subject to the ongoing requirements to set out in conditions 16 and 19 of 21/00383/IPM. 35 Scottish Water: There is currently sufficient capacity in the Perth Water Treatment Works to service the development. A Strategic Water Impact Assessment for the area shows that this proposed site causes detrimental impact to the network and therefore mitigation will be required. However, Scottish Water will be delivering the mitigations. It has been previously agreed for a temporary connection off the main on Bleachers Way to allow a maximum of 40 units to proceed. 36 Scottish Environment Protection Agency: SEPA was consulted in respect of the Condition 19: Construction Traffic Management Plan and 36: Construction Environmental Management Plan. SEPA has advised that their standing advice on these matters is applicable. 37 Scottish and Southern Electricity Networks: No objections, subject to conditions relating to the proximity of landscaping and SUDS to the overhead power line. 38 Scotland Gas Networks: Following discussion with the developer SGN has withdrawn its objection to the proposal. 39 Perth and Kinross Heritage Trust: No objections. Condition required for a programme of archaeological works to be carried out. Internal 40 Commercial Waste Team: The planning application does not include a storage area for the commercial bins or a collection point. Therefore, we recommend that a storage area for the bins be included. 41 Community Waste Advisor - Environment Service: Advised that the Swept Path Analysis in the drawings had been carried out based on a smaller vehicle than PKC refuse collection vehicles. This was updated to reflect the vehicles outlined in the response. No further comments.
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42 Environmental Health (Noise Odour): Conditions required. 43 Environmental Health (Contaminated Land): Condition required. 44 Development Contributions Officer: This application mirrors the extant consent for the ‘Phase 1’ area (19/01433/AMM). No further comments in relation to the Developer Contribution and Affordable Housing Supplementary Guidance. 45 Transport Planning: No objection. Conditions required for further details to be provided on roads, lade crossings and active travel accesses; a Travel Plan; street lighting design, wildlife kerbs and works around the core path. 46 Structures and Flooding: No objection. Seek inclusion of an additional condition relating to finalised drainage detail to be provided. 47 Community Greenspace: No comments. 48 Biodiversity/Tree Officer: An updated Habitats Regulations Assessment has been submitted. Conditions required to ensure mitigation and enhancement measures are delivered on site. Representations 49 25 representations were received. The main issues raised within the representations are: • Concerns over construction access • Lack of local services and public transport • Flooding concerns • Inadequate parking provision • Lack of community consultation • Impact on wildlife and biodiversity • Increased traffic and roads safety concerns • Existing trees should be protected • Overdevelopment • Overlooking • Development is out of keeping with the local area • Light pollution 50 These issues are addressed in the Appraisal section of the report. ADDITIONAL STATEMENTS 51 Screening Opinion EIA addendum Environmental Impact Assessment (EIA): Environmental Report EIA addendum submitted
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Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal (HRA) submitted. The conclusions of the submitted HRA are adopted as the Planning Authority’s Appropriate Assessment. Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment • Archaeological Evaluation • Construction Management Plan • Design and Access Statement • Drainage Strategy Report • Tree and Woodland Report • Transport Statement (and Addendum) • Site Investigation Report • Ecological Appraisal • Public Travel Plan • Habitats Regulations Assessment • Landscape and Biodiversity Management Plan • Low and Zero Carbon Statement • Noise Statement APPRAISAL 52 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. In addition, section 14(2) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such an application as this to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Section 64(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 is relevant and requires planning authorities to pay special attention to the desirability of preserving or enhancing the character or appearance of the designated conservation area.
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Principle 53 The principle of the proposal has been established through the site’s allocation as MU73 in LDP2 for a mixed-use development. Planning permission in principle (PPP) (21/00383/IPM) has also been granted for the mixed-use development of the site in line with the MU73 allocation. An extant Approval of Matters Specified in Conditions (AMSC) (19/01433/AMM) is also in place for this phase of the development. The current proposal is substantially similar to the extant AMSC and the principle of the proposal is acceptable subject to compliance with relevant development plan policies and other material considerations. These matters are considered in detail below. Design and Layout 54 NPF4 Policy 14: Design, Quality and Place, Policy 15: Local Living and 20 Minute Neighbourhoods and Policy 16: Quality Homes 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. In association, various PPP conditions also apply. 55 The layout is predominantly similar to that of the extant AMSC, with the main change seeking approval for the Barratt house types. The layout continues to follow the strategies set down by the consented masterplan by creating permeable neighbourhoods connected both to the existing core paths and the new landscaped zones. Streets and lanes are proposed throughout to maximise the building frontage and create spaces which prioritise pedestrians. Varying carriageway widths, building lines and street trees will reduce forward visibility and vehicle speeds. 56 The proposed dwellings all seek to provide an active and street-facing frontage, with garages (where proposed) set back or offset with appropriate front boundary treatment and detailing, mitigating the impact of visual dominance. This provides an acceptable design and visual quality throughout and ensures that cars will not dominate streetscapes. The private garden ground provision for individual plots is set out in Plan 375, which confirms that the areas proposed are appropriate. 57 The local centre has been developed to create a mix of retail and residential uses and creates a heart to the overall masterplan, as envisaged by the LDP2 allocation and are commensurate with the development contained in these early phases. 58 Areas of open space will be defined by existing woodland, proposed woodland and/or building frontages. This will ensure that these spaces were well integrated within the new neighbourhood and located within easy access of housing areas. The proposed footpath network will link the areas of open space throughout the new neighbourhood.
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59 Overall, the proposals are considered to comply with the Council’s placemaking policies, providing a logical and coherent structure and hierarchy of streets, buildings and open space that considers the surrounding landscape character and amenity of the area. The current proposals are considered to accord with both the PPP and relevant Development Plan policies. Landscape and Visual Amenity 60 NPF4 Policies 6: Forestry, Woodland and Trees; Policy 20: Blue and Green Infrastructure and Policy 21: Play Recreation and Sport and LDP2 Polices 39: Landscape; 40B: Forestry, Woodland and Trees - Trees, Woodland and Development; and 42: Green Infrastructure, are all relevant in considering landscape and visual amenity. In association, several conditions attached to the PPP application also apply. 61 The open space allocation along the northern section of the site, which includes the sports pitches, community sports pavilion, play area, SUDS and landscaping are largely the same as the previously approved AMSC. The areas of adoption remain the same and the landscaping design and species choice are all satisfactory and are in accordance with Council’s Supplementary Guidance: Open Space Provision for New Developments. 62 As part of the S75 legal agreement for the wider Almond Valley development, a community sports pavilion was secured, and this element continues to be proposed in the current application, where it is to be located alongside the proposed riverside sports pitches. In terms of landscaping, the existing S.75 also includes the provision of the sports facilities (sports pitches, pavilion and skate park), structural planting and play facilities. Not all of the facilities are to be provided in this phase of development. 63 In terms of landscape and visual amenity, the proposals do not conflict with the relevant policies of the Development Plan or associated PPP conditions. Residential Amenity 64 Residential amenity requires to be considered under NPF4 Policy 16: Quality Homes and LDP2 Policy 1: Placemaking and Policy 17: Residential Areas as well as PPP conditions. Privacy, Daylight and Overshadowing 65 In terms of potential for impact on existing residential amenity, such as overlooking or loss of privacy, it is not considered that the proposed development will unacceptably compromise existing residential amenity, or between properties within the proposed development itself. Each dwelling will see acceptable rear garden areas in terms of depth and area provided, complying with the aforementioned development policies and the Placemaking Supplementary Guidance 2020.
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Noise 66 Condition 42 of the PPP requires an assessment of air quality and the potential impact of each phase. As the current proposal is substantially similar to the previous AMSC in terms of noise impact, the Noise Impact Assessment (NIA) submitted with the previous application is again being relied upon to address noise issues and concerns. The NIA Considered operational noise from existing businesses, including that from Adie Kennels and Cattery, to understand what impacts these operations may have on the amenity experienced by occupants of the proposed dwellinghouses. The outcome of the assessment established that, subject to mitigation being secured, no unacceptable impact on future residential amenity was predicted (Conditions 5, 7, 8 and 10). 67 However, further informative work is required in relation to proposed properties in the vicinity of Huntingtower Hotel, this sees a further NIA required to inform and deliver appropriate mitigation against noise impacts in that area (Condition 11). These measures, combined, will ensure no adverse impact on the operation of the neighbouring businesses or residential amenity. Air Quality 68 Condition 45 of the PPP requires an assessment of air quality and the potential impact of each phase. Again, as the current proposal is substantially similar to the previous AMSC in terms of impact on air quality the air quality assessment (AQA) submitted with the previous application is again being relied upon to address air quality issues during both the construction and operational phases of the development. 69 The AQA found that the development was unlikely to have a significant adverse impact on air quality, subject to identified mitigation measures being undertaken, and these will be required under the implementation of the development. Contaminated Land 70 Condition 40 of the PPP requires an evaluation for the potential of the site to be affected by contamination by a previous use to be undertaken for each phase. Two reports have been submitted with the application considering previous conditions relating to contaminated land. 71 The area that has been identified within the red line boundary of this application is former railway land. A number of boreholes and trial pits have been undertaken and samples taken for analysis. Environmental Health has considered these reports and advised that the sampling appears to be from around the area of interest and not targeted at the potential source of contamination being the dismantled railway. As a result, a condition is recommended to ensure that further investigation work is carried out to ensure the suitability of the site for the proposed development (Condition 12).
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Roads and Access 72 The proposal will create a vehicle access from Ruthvenfield Road (B9993) roundabout on the fifth arm, with an additional vehicle access created onto Castle Brae near to Shepherds Mill Cottages and a final vehicle access onto Bleachers Way in Huntingtower. 73 A number of objectors to the proposal have raised concerns that Castle Brae East will be used as an access to the site by construction traffic. Condition 23 of the PPP states that Castle Brae East shall not be used by construction traffic associated with the development. This condition will remain enforceable against the AMSC applications, and it has been confirmed by the applicant that Castle Brae East will not be utilised by construction traffic. 74 The PPP approved the phasing approach for the development. The Almond Roundabout provides direct access the north-eastern portion of the Almond Valley development. The principle of the development being phased from east to west in the northern part of the site is therefore established through the PPP and extant AMSC. In infrastructure and practical terms, this makes earlier phases more straightforward to develop and frees up capacity on the road network. 75 The previously agreed reconfiguration of the residential phasing through the PPP sees the new A85 roundabout being required after the 340th residential unit. Therefore, the principle of access now being taken for the scale of development proposed solely from the Almond Roundabout is established. Transport Scotland and PKC Transport agree that this is acceptable subject to the full discharge of Conditions 16 and 19 of the PPP relating to speed management measures on the A85 and the requirement for a Construction Traffic Management Plan to be submitted to them prior to the commencement of works. 76 In respect of the internal road layout and parking provision, PKC Transport raise no concerns. The proposed internal movement layout, including road hierarchy and associated private and public parking provision is considered satisfactory and consistent with the approach and principles adopted in the original masterplan submission and extant AMSC 77 LDP2 Policy 15 relates to public access; including core paths and rights of way and seeks that development proposals do not have an adverse impact on such routes. In this regard comprehensive linkages with existing core paths, together with new and enhanced pedestrian/cycle routes are to be provided, and will integrate into a wider network – reflective of the routes identified through the original masterplan. Drainage and Flooding 78 The parameters agreed within the Flood Risk Assessment for the previous approval 19/01433/AMM are not changed by the Barratt site design. Therefore, the previous FRA for the site remains relevant and this matter does not need to
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be revisited in the consideration of this application. PKC Flooding and Structures has confirmed that they have no objections to the proposal subject to a condition (Condition 13) for the submission of the detailed drainage design. Healthcare Facilities 79 The HSCP have made comments in relation to existing and required healthcare facilities within the locale. They acknowledge that the appropriate point at which to begin this dialogue would be through engagement with the local development plan process and not via an AMSC application. Previous dialogue around this matter has suggested that units within the Local Centre could be utilised, but this will require further consideration by the parties. Waste Collection 80 The PPP seeks to ensure appropriate waste and recycling provision is identified and secured as part of the AMSC applications. There is considered to be adequate provision to accommodate the conditional requirements in this regard, satisfying the terms of the PPP. Archaeology and Conservation Considerations 81 NPF4 Policy 7: Historic Assets and Places; LDP2 Policies 26B: Archaeology and 29: Gardens and Designed Landscapes and conditions attached to the PPP application apply. 82 Archaeological assessment is recommended to be undertaken (Condition 32), which accords with the approach in the PPP. 83 The proposal is in proximity to two significant listed building groups: 18th century workers’ cottages at Grey Row (category C listed) and later blocks of workers’ housing at Waterside Cottages (category B listed). The Grey Row building group is separated from the development by the proposed site for a new school. It will therefore be for that future phase of development to ensure that the setting of the listed buildings is protected and maintained. In terms of Waterside Cottages, it is considered that appropriate planting and spacing has been afforded to this grouping, with no adverse impact on the character or setting of the listed buildings. There are no other adverse impacts on cultural heritage assets as a result of this phase of development. Natural Heritage and Biodiversity 84 In relation to natural heritage and biodiversity, NPF4 Policy 1: Tackling the nature crises, Policy 2: Biodiversity and Policy 6: Forestry, woodland and trees are relevant. Similarly LDP2 Policy 38: Environment and Conservation, Policy 40: Forestry, Woodland and Trees, and Policy 41: Biodiversity are also applicable. In association, several PPP conditions also apply.
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85 Due to the relationship with the River Tay Special Area of Conservation (SAC), a Habitats Regulations Assessment (HRA) was submitted, consistent with LDP2 Policy 38A. Although this matter was addressed through the previous AMSC application, an updated HRA Report was submitted which concluded that the findings of the previous HRA remain valid. Moreover, the Report concluded that, through the implementation of proposed mitigation measures, there will be no likely significant effects upon the River Tay SAC provided that the development fully accords with the HRA requirements. Condition 37 of the PPP (21/00383/IPM) requires the appointment of an independent Ecological Clerk of Works (ECoW) across all phases, thus the approach is considered satisfactory. 86 It is considered that the potential threat and impact to population, distribution or habitat of protected species can be either avoided or minimised through mitigation. There will be no significant adverse impact on site biodiversity as a result of the development proposals with suitable mitigation and enhancement secured. Thus, there is no conflict with relevant Development Plan policies or the terms of the PPP. Low and Zero Carbon Generating Technologies 87 LDP2 Policy 32 ‘Embedding Low and Zero Carbon Generating Technology in New Development’ states that proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. As this proposal includes the erection of a new building, consideration must be given to this requirement. Further, NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ requires that development should be designed to reduce green gas emissions. Conditions 5 and 8 of the PPP requires details to be provided of how the above policies will be met through the installation and operation of low and zero-carbon generating technologies. In this instance, a Renewable and Low and Zero Carbon Energy Statement has been submitted. The statement advises that the requirement will be met through the use of a fabric first approach, including timber frame construction, high performance windows and doors, photovoltaic roof panels, low voltage lighting, low flush sanitary appliances and energy efficient kitchen appliances. The proposal therefore complies with the relevant policies. 88 An Energy Statement is required prior to the commencement of development, to review heat network potential for district heating networks in association with Perth West (Condition 48 of PPP 21/00383/IPM). Developer Contributions 89 A Section 75 relating to the PPP is in place and covers the developer contribution requirements for the wider development.
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Economic Impact 90 The impact on the local economy from 340 new dwellings, local centre and sports pavilion and facilities will add to the available local expenditure and have a positive impact on existing local facilities. VARIATION OF APPLICATION UNDER SECTION 32A 91 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 minor improvements to the layout. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 92 None required. DIRECTION BY SCOTTISH MINISTERS 93 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 94 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, subject to the following conditions: Conditions and Reasons for Recommendation General 1. The development hereby approved under this Approval of Matters Specified in Conditions is only for the benefit of and under Permission in Principle reference: 21/00383/IPM. For the avoidance of doubt, this Approval of Matters Specified in Conditions is not approved under Planning Permission in Principle reference: 15/01157/IPM. The development hereby approved must be carried out in accordance with the approved drawings and documents for this approval and the
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terms of Planning Permission in Principle 21/00383/IPM, unless otherwise provided for by conditions imposed by this decision notice. Reason: To ensure the development is carried out in accordance with the approved drawings and documents. 2. The development hereby approved will be implemented concurrently with the previous Approvals of Matters Specified in Conditions for this phase of development, references: 19/01430/AMM and 19/01433/AMM. All matters not specifically approved under this AMSC must be implemented in line with 19/01430/AMM and 19/01433/AMM and all relevant conditions of those approvals strictly adhered to, or be subject to a further AMSC. Reason: To ensure the development is carried out in accordance with the approved consents. Construction Management 3. The Construction Environment Management Plan (CEMP) submitted to satisfy Condition 36 of planning permission 21/00383/IPM shall be implemented concurrent with the development. The CEMP will remain a dynamic document throughout the duration of construction and until the completion of development. The CEMP can be amended as necessary to meet best practice in terms of environment or ecology. Any amendments will be submitted to the Planning Authority as soon as reasonably practicable citing the relevant amendment and appropriate guidance. Reason: In the interest of protecting environmental quality and of biodiversity. EV Charging 4. Prior to the commencement of the development full details shall be submitted for the layout and incorporation of EV charging duct points within the development and all other proposed Air Quality mitigation measures to be implemented and evidenced that the predicted insignificant impact from the development is maintained. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. Residential Amenity and Noise 5. Prior to the commencement of the development hereby approved, the developer shall submit a scheme, for the written approval of the Planning Authority, which shall include the proposed means of ventilation for all habitable rooms that require acoustic trickle ventilation and the glazing specification for all habitable rooms, demonstrating the habitable rooms can achieve the internal sound levels Daytime 35 dBLAeq,16hrs and Night time 30dB LAeq,8hrs when measured for
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road noise. The agreed scheme shall thereafter be implemented in accordance with the agreed details. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality is maintained. 6. For any commercial kitchen, an effective ventilation system commensurate with the nature and scale of cooking to be undertaken shall be installed, operated and maintained, within the commercial areas, such that cooking odours are not exhausted into or escape into any neighbouring dwellings. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 7. All plant or equipment including any ventilation system associated with operation of the commercial areas shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 20 between 2300 and 0700 hours daily, within any neighbouring residential premises, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason: In the interests of public health and to prevent noise pollution. 8. Commercial deliveries shall be limited to Monday to Sunday 07.00 to 19.00. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 9. For commercial and sport pavilion areas, all external lighting to be installed 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. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 10. Prior to the occupation of any dwellinghouse in site H4, A 2-metre-high acoustic barrier shall be installed along the whole length of site boundary between 'J&E Smillie' and site H4. The acoustic barrier shall have a superficial mass of a least 20Kg/m2 and shall be of a solid construction with no gaps. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 11. Prior to the commencement of development at site H2, the applicant must submit a further noise impact assessment (NIA) to assess noise from the operations of the Huntingtower Hotel for the written approval of the Planning Authority, in consultation with Environmental Health Team. The NIA should be undertaken by
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a qualified noise consultant. All mitigation measures proposed in the NIA, which are agreed or required by the Planning Authority, shall be fully implemented prior to the occupation of any dwellinghouse in site H2. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. Ground Contamination 12. Prior to the commencement of works on site, an evaluation for the potential of the site to be affected by contamination by a previous use should be undertaken and as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) will be submitted for consideration by the Council as Planning Authority. If after the preliminary risk assessment identifies the need for further assessment, an intrusive investigation should be undertaken to identify; 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 agreed measures to decontaminate the site shall be fully implemented as approved by the Council as Planning Authority. Validation that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason: To ensure any contamination present on site is satisfactorily remediated. Drainage 13. Notwithstanding the submitted drainage details, and those matters pertaining to drainage that were agreed under 19/01433/AMM, prior to the installation of any drainage works on site, the final technical drainage designs shall be submitted to, and approved in writing by, the Planning Authority in consultation with the Council's Structures and Flooding team. The drainage details as approved shall be carried out in accordance with the agreed scheme and operational prior to bringing into the use of the development. Reason: To ensure the adequate drainage of the site. Roads and Access 14. No more than 200 residential units are permitted to be occupied until such time as a detailed design and specification for the following works has been submitted
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to and approved in writing by the Planning Authority in consultation with the Roads Authority and Perth & Kinross Council Structures team: a) new primary road route as shown in application 19/01430/AMM, connecting the site to the new A85 roundabout; and b) new vehicular lade crossing as shown in 19/01430/AMM, connecting to the site. Reason: To ensure that the scale of development does not exceed that assessed by the supporting Transport Assessment and to ensure that the scale of development is commensurate with the infrastructure required to support the development. 15. For clarification, and in association with Condition 16 b) of 21/00383/IPM, no more than 90 residential units or any units in the 'Local Centre' hereby approved shall be occupied until a new active travel lade crossing, as approved in writing, to an agreed design and specification to the satisfaction of the Planning Authority, in consultation with the Perth & Kinross Council Structures team is delivered, connecting to all elements of the occupied site. Reason: To ensure that the scale of development does not exceed that assessed by the supporting Transport Assessment and to ensure that the scale of development is commensurate with the infrastructure required to support the development. 16. No more than 61 residential units within Phase 1A are permitted to be occupied until new vehicular and active travel accesses connecting the site to both Bleachers Way and Phase 1 of the development is provided, to a design and specification approved in writing by the Planning Authority, after consultation with the Perth & Kinross Council Structures team. Reason: To ensure that the scale of development does not exceed that assessed by the supporting Transport Assessment and to ensure that the scale of development is commensurate with the infrastructure required to support the development. 17. Development shall not commence until a detailed Travel Plan aimed at encouraging more sustainable means of travel, has been submitted to and agreed in writing by the Council as Planning Authority. The Travel Plan will have particular regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided (including the provision of new and/or enhanced public transport services), any phasing, the system of management, monitoring, review, reporting and the duration of the Plan. The Travel Plan as agreed shall be fully implemented to the satisfaction of the Council as Planning Authority. Reason: To promote sustainable transport options and to meet advice within National Planning Framework on transport.
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18. 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. 19. All road gullies within 500m of a waterbody or Sustainable Urban Drainage System (SUDs) pond shall have wildlife kerbs installed adjacent to the gully. Reason: In the interests of protecting environmental quality and of biodiversity. Core Path 20. The core path which forms part of the construction site must not be obstructed during building works or on completion. Any damage done to the core path and associated signage during building works shall be made good before occupation of the dwellinghouse. Any temporary restrictions to public access required to facilitate works on site must be agreed in writing first with the Access Officer. Reason: In the interests of public access along the core path. Public Transport 21. Prior to the first occupation of the development hereby approved, scheme for the design specification and timing for delivery of public transport infrastructure internally within the development of Phase 1 & Phase 1A, including hard stand areas, bus shelters, poles & flags and any required bus stop road markings, shall be submitted for the written approval of the Council as Planning Authority, in consultation with the Council's Public Transport Unit. The scheme for the approved shall thereafter be implemented in line with the agreed timings. Reason: To ensure that committed sustainable transport measures are delivered on site to an agreed specification 22. Prior to commencement of the development hereby approved, a Public Transport Plan shall be submitted to and approved in writing by the Council as Planning Authority. The submission will confirm the public transport services to be provided and how the contribution funding will be used to provide the services to serve Phase 1, Phase 1A and Phase 1B, along with how the developer will seek to promote the services provided. The scheme shall be implemented in full, prior to the occupation of the 50th dwellinghouse.
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Reason: In the interest of providing sustainable and connected travel options for residents and visitors to the development to the wider Perth area. Construction Traffic 23. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: a. restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; b. timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; c. a code of conduct for HGV drivers to allow for queuing traffic to pass; d. arrangements for liaison with the Roads Authority regarding winter maintenance; e. emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; f. arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; g. arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; h. arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; i. details of information signs to inform other road users of construction traffic; j. arrangements to ensure that access for emergency service vehicles are not impeded; k. co-ordination with other significant developments known to use roads affected by construction traffic; l. traffic arrangements in the immediate vicinity of temporary construction compounds; m. the provision and installation of traffic counters at the applicant's expense at locations to be agreed prior to the commencement of construction; n. monitoring, reporting and implementation arrangements; o. arrangements for dealing with non-compliance; and p. details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason: In the interest of proper site management.
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Landscaping 24. The detailed landscaping and planting scheme hereby approved shall, with the inclusion of the matters detailed in Condition 23 of this permission, be implemented as part of the site development programme and thereafter maintained. Reason: In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 25. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar size and species. Reason: In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 26. Prior to the completion of the development hereby approved, a scheme confirming the arrangements for handover of the approved Community Pavilion to an end user, shall be agreed between the applicant and the Council. The agreed arrangement shall thereafter be undertaken as approved, subject to any agreed periodic review specified in the scheme. Reason: In order to safeguard and appropriately deliver a community asset in the immediate and long term. Biodiversity 27. The conclusions and recommended action points within the supporting biodiversity survey and Habitats Regulation Survey submitted and hereby approved shall be fully adhered to, respected and undertaken as part of the construction phase of development. 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). 28. Prior to the commencement of development hereby approved, details of the location and specification of the bird nesting bricks or boxes shall be submitted for the further written agreement of the Council as Planning Authority. Thereafter, the bird nesting bricks, or boxes shall be installed in accordance with the agreed details prior to the occupation of the relevant residential unit. 25% of two storey- dwellings should contain a bird nesting brick or box. Reason: In the interests of employing best practice ecology and enhancing biodiversity opportunities. 29. Prior to the commencement of development hereby approved, details of the location and specification of the integrated bat bricks, boxes or tubes shall be
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submitted and approved in writing by the Council as Planning Authority. Thereafter, the integrated bat bricks, boxes or tubes shall be installed in accordance with the agreed details prior to the occupation of the relevant residential unit. 25% of two storey-dwellings should contain a bat brick, box or tube. Reason: In the interests of employing best practice ecology and enhancing biodiversity opportunities. 30. Prior to commencement of development hereby approved, a detailed Construction Method Statement (CMS) shall be submitted for written approval to the Council as Planning Authority; ensuring all mitigation measures listed in Section 7 of the Almond Valley- Phase 1 Application Habitats Regulations Appraisal, dated October 2024 are captured. Reason: In order to ensure the development does not impact negatively on the nearby Special Area of Conservation. 31. The conclusions and recommended action points within the Landscape and Biodiversity Management Plan submitted and hereby approved shall be fully adhered to, respected and undertaken as part of the construction phase of development. Reason: To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. Archaeology 32. 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 a programme of archaeological works is carried out to safeguard and record any archaeological remains within the development area.
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Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes There is a Section 75 agreement for 21/00383/IPM, which pertains to the wider development. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. 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 developer is advised to contact PKHT to discuss terms of reference for work required by Condition 33. 5. 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. 6. 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
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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. 7. Further advice and information regarding installation and specifications of the bus shelter can be obtained from David Rae or Moray Fraser of the Public Transport Unit at publictransport@pkc.gov.uk. 8. 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. 9. Road drainage may be in the vicinity of the new access and require remedial works. Contact Perth & Kinross Council Road Maintenance Department for further details. 10. The applicant should be advised that in terms of Section 96 of the Roads (Scotland) Act 1984 a road condition survey may be required to be agreed with the Council as Roads Authority prior to the commencement of works. To ensure the public road is reinstated to its present standard. 11. All proposed structures supporting the road, or which the developer is intending the Council adopt, will require technical approval in accordance with the Design Manual for Roads & Bridges standard BD 2/12 (& HD 22/08 where relevant). Bridges and culverts shall also be designed in accordance with the requirements contained within Perth & Kinross Council’s Developers Guidance Note on Flooding & Drainage. The developer is advised to contact Perth & Kinross Council’s Structures & Flooding Team (tel 01738 475000, email structuresplanning@pkc.gov.uk) for further information and prior to commencing designs in order to ensure technical compliance. 12. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot to disturb a protected species. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are severe for noncompliance. 13. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended, it is an offence to remove, damage or destroy the nest of any wild birds while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act. 14. 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
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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. 15. The applicant is encouraged to provide access for hedgehogs sheltering, hibernating in, and commuting through the development. Access gaps in wooden fences should be 13cm x 13cm at ground level. Advice and assistance is available from the Tayside Biodiversity Partnership. https://www.taysidebiodiversity.co.uk/information/information-guides-manuals/ 16. 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, including construction phasing. Background Papers: 25 letters of representation Contact Officer: Alex Gudgeon 01738 475337 Date: 29 November 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING