24/01359/Flm
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. 24/360) PROPOSAL: S42 application to vary condition 17 (road safety) of permission 23/00224/FLM LOCATION: Land 300 Metres North West Of Lathro Farm, Kinross Ref. No: 24/01359/FLM Ward No: P8- Kinross-shire Summary This report recommends approval of the application as the proposed amendment to condition 17 of 23/0024/FLM, and development which would result, is considered to comply with the relevant provisions of the Development Plan. Furthermore, there are no material considerations apparent which outweigh the Development Plan. BACKGROUND AND DESCRIPTION OF PROPOSAL 1 The application relates to a 33 hectare site, known as Lathro Farm, which sits between Kinross to the south and Milnathort to the north. It has been designated for residential purposes for some time, initially via the Local Development Plan 2014 (LDP1). The parent planning permission (Planning ref: 19/00917/FLM) to which this application relates was granted on 22 January 2021 and allows for the erection of 169 dwellinghouses, formation of open space, landscaping and associated infrastructure as Phase 2 of a wider development. 2 The purpose of this Section 42 (S42) application seeks a revision to the requirement of Condition 17, which relates to road safety. Condition 17 is currently worded as follows: 3 Within 2 months of the date of this planning permission, a scheme for the introduction of traffic signal control at the junction of The Muirs and C495 and associated road infrastructure works shall be submitted to and approved by the Planning Authority in writing. Thereafter the approved scheme shall be implemented by or on behalf of the developer prior to the occupation of the ninety seventh dwellinghouse on the development hereby approved, to the satisfaction of the Planning Authority. Reason: In the interest of roads safety.
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4 In light of on-going road works in the area, this Section 42 application proposes to revise the wording of Condition 17 to read as follows: 5 Within 2 months of the date of this planning permission, a scheme for the introduction of traffic signal control at the junction of The Muirs and C495 and associated road infrastructure works shall be submitted to and approved by the Planning Authority in writing. Thereafter the approved scheme shall be implemented by or on behalf of the developer prior to the occupation of the one hundred and twentieth dwellinghouse on the development hereby approved, to the satisfaction of the Planning Authority. Reason: In the interests of road safety. SITE HISTORY 6 14/00493/SCRN On 7 April 2014 for Proposed residential development 7 14/00004/PAN On 16 May 2014 for Residential development with associated open space, landscaping and infrastructure 8 14/01345/SCOP On 8 September 2014 for Residential development with associated access and landscaping 9 15/01512/FLM Full Planning Permission Major was Approved On 31 March 2017 for Erection of 300 dwellinghouses, formation of open space, landscaping and associated infrastructure works 10 17/00759/FLL Full Planning Permission application was Withdrawn On 5 October 2017 for Erection of 13no. dwellinghouses and associated works 11 17/00760/FLL Full Planning Permission was Approved On 28 May 2018 for Erection of 47no. dwellinghouses and associated works 12 17/00886/FLM Full Planning Permission Major was Approved On 20 September 2017 for Application under Section 42 of the Town and Country Planning (Scotland) Act 1997 to develop land to modify conditions 8 (children's play area), 9 (access) and 11 (boundary treatment) of planning permission 15/01512/FLM (Erection of 300 dwellinghouses, formation of open space, landscaping and associated infrastructure works) to reflect change in implementation timescale 13 17/00893/FLL Full Planning Permission was Approved On 20 September 2017 for Erection of 6no. dwellinghouses, formation of open space, landscaping and associated infrastructure works for plots 1-6, relocation of SUDS basin, pump station and erection of substation (revised layout and design) (in part retrospect) 14 17/01721/FLL Full Planning Permission was Approved On 28 May 2018 for Erection of 12 no. dwellinghouses and associated works
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15 17/01796/ADV Advertisement Consent was Approved On 7 December 2017 for Display of a sign (in retrospect) 16 17/02273/ADV Advertisement Consent was Approved On 14 February 2018 for Display of sign 17 18/01117/FLL Full Planning Permission was Approved On 17 April 2019 for Erection of 47no. dwellinghouses and associated works (change of house type to include sunrooms for plots 515-518, 522-527, 531-536, 540-546, 550-553 and 557-559) 18 18/01118/FLL Full Planning Permission was Approved On 17 April 2019 for Erection of 12no. dwellinghouses and associated works (change of house type to include sunrooms for plots 509-512 and 700-707) 19 18/00013/PAN On 27 November 2018 for Residential development 20 19/00917/FLM Full Planning Permission Major was Refused On 11 August 2020 for Erection of 169 dwellinghouses, formation of open space, landscaping and associated infrastructure (Phase 2) 21 21/00746/FLM Full Planning Permission Major was Approved On 22 October 2021 for S42 application to modify condition 7 (open space and parkland) of permission 22 22/00623/FLL Full Planning Permission was Approved On 31 March 2023 for Erection of 16 dwellinghouses (revised design and change of house type) 23 23/00224/FLM Full Planning Permission Major was Approved On 15 June 2023 for Section 42 application to vary condition 12 (noise mitigation) of permission 19/00917/FLM 24 24/01134/FLL Full Planning Permission On 25 July 2024 for Non-Material Variation to modify the cladding for the Charles Church Units from a vertical orientation to a horizontal orientation. PRE-APPLICATION CONSULTATION 25 Pre-Application Consultation (PAC) was undertaken in the submission of planning application 23/00224/FLM, with no procedural requirement for further PAC in relation to this S42 application. DEVELOPMENT PLAN 26 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.
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National Planning Framework 4 27 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. 28 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 14: Design, Quality and Place • Policy 15: Local Living and 20 Minute Neighbourhoods • Policy 18: Infrastructure First Perth and Kinross Local Development Plan 2019 29 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. 30 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 10: City, Town and Neighbourhood Centres • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 31 • Supplementary Guidance - Air Quality (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) PKC NON STATUTORY GUIDANCE 32 • Planning Guidance - Delivery of Development Sites • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC
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NATIONAL GUIDANCE 33 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 34 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 68 Design Statements • PAN 75 Planning for Transport • PAN 77 Designing Safer Places Creating Places 2013 35 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 36 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 37 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 38 As part of the planning application process the following bodies were consulted: Internal 39 Transportation and Development – In terms of roads matters are concerned, there are no objections to this proposal.
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REPRESENTATIONS 40 Two representations were received. The main issues raised are: • Increased through traffic. • Adverse impact on roads safety. • The proposal will result in a need for traffic calming measures. • Access for emergency vehicles will be restricted. • Potential impact on local core paths. • Potential impact on the access to Kinross High School. 41 These issues are addressed in the Appraisal section of the report. ADDITIONAL STATEMENTS 42 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required Tree survey submitted Appropriate Assessment under Habitats Regulations AA not required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact e.g. Flood Risk Assessment FRA, AQA submitted APPRAISAL 43 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 44 The principle of the overall development, approved by the parent application, has been previously established, ultimately through the approval of the extant planning permission (19/00917/FLM). That planning permission being a significant material consideration and therefore well-established and not required to be reviewed through this S42 application. In this instance, works are underway via the 2019 parent permission, and therefore, planning permission has been implemented.
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45 In a wider context it is noted that since the original planning permission decision there has been a change to the Development Plan, through firstly TAYplan 2016, LDP2 in 2019, and most recently NPF4 in February 2023. The changes within the Development Plan do not significantly change the way in which the overall development should be considered. 46 The technical amendment of Condition 17 (road safety) of permission 23/00224/FLM is not in itself considered contrary to the general terms of the Development Plan. Nevertheless, consideration must be given to the specific characteristics of the amendments, which, in this case, relates to roads and access. Roads and Access 47 Due to ongoing works in Kinross to upgrade the Scottish Gas Networks, it has not been possible for Persimmon Homes to book a slot on the public road network to allow them to install the traffic signals, as per the conditions of the parent consent. The works on The Muirs in Kinross are planned to continue for a number of months and, therefore, it will not be possible for Persimmon Homes to undertake works at the junction of The Muirs and C495 commensurate with the timing of their development. 48 As a result, it is, therefore, recommended that a number of additional dwellinghouses are allowed to be built out and occupied on site, as the delay in being able to deliver the junction works is out with the applicant’s control. This Section 42 application to revise the wording of Condition 17 of 23/00224/FLM is considered to be in accordance with Policy 60B of LDP2. Colleagues in Transportation and Development have reviewed the application and have no objection to offer. Developer Contributions 49 Not applicable to this application. Economic Impact 50 Not applicable to this application. VARIATION OF APPLICATION UNDER SECTION 32A 51 This application was not varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 52 None required.
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DIRECTION BY SCOTTISH MINISTERS 53 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application. OTHER MATTERS 54 As part of this application, it is appropriate to consider and review other material considerations and associated conditions in the extant planning permission 23/00224/FLM. There were 19 planning conditions, and it is good practice, where seeking to approve a S42 application, to review and update conditions to meet current regulations and requirements. Similarly, any conditions that still require to be addressed or adhered to, should remain. The original suite of conditions has therefore been reviewed and updated reflective of the ongoing nature of the development. The updated condition 17 is included in the recommendation section below. CONCLUSION AND REASONS FOR RECOMMENDATION 55 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for approval subject to the following conditions. RECOMMENDATION Approve the application subject to the following conditions: Conditions and Reasons for Recommendation 1. This planning permission will last only for three years from the date of this decision notice unless the development has been lawfully started within that period. Reason: This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice.
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Reason: To ensure the development is carried out in accordance with the approved drawings and documents. 3. The development shall be completed in accordance with the approved delivery plan confirming the phased delivery of the site and construction works (submitted 23/04/21. Drawing No. 19/00917/133) of planning permission 19/00917/FLM. Reason: In order to ensure the implementation and completion of the development components of the proposal coincide with key infrastructure delivery requirements. 4. The development shall be completed in accordance with the approved updated Construction Environment Management Plan (submitted 20/09/21. Doc ID – 1695603) of planning permission 19/00917/FLM. Reason: In the interest of protecting environmental quality and of biodiversity. 5. The development shall be completed in accordance with the approved Construction Traffic Management Scheme as included in the Construction Environment Management Plan (submitted 20/09/21. Doc ID – 1695603) of planning permission 19/00917/FLM. Reason: In the interests of pedestrian and traffic safety and in the interests of free traffic flow throughout the construction period. 6. The development shall be finished in accordance with the approved Invasive Species Management Plan and Biodiversity Action Plan (submitted 23/04/21. Drawing No's - 19/00917/136 and 19/00917/137) of planning permission 19/00917/FLM. Reason: In the interests of protecting environmental quality and promoting biodiversity 7. No removal of hedgerows, trees or shrubs that may be used by breeding birds shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared or building affected, and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the Planning Authority. Reason: In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981) 8. All existing trees and hedgerows shall be retained and protected by suitable fencing in accordance with BS5837 2012 (Trees in Relation to Construction), unless otherwise agreed in writing by the Planning Authority. The details of the
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protective fencing and its location shall be as set out and agreed in the Construction Environmental Management Plan (CEMP) subject of Condition 3 of this planning permission. No materials, supplies, plant, machinery, soil heaps, changes in ground levels or construction activities shall be permitted within the protected areas without the written consent of the Planning Authority. Reason: To ensure adequate protection for the trees on the site during the construction, in the interests of the visual amenity of the area 9. The detailed landscaping and planting scheme (plans 19/00917/74 of planning permission 19/00917/FLM) which is hereby approved shall be implemented concurrently with development and be completed within the first available planting season (October to March) after the completion of the development. The approved scheme shall thereafter be maintained, with any planting failing to become established within five years being replaced in the following planting season with others of a size and species as previously approved. Reason: In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 10. The development shall be completed in accordance with the approved finished detail of the required Sustainable Urban Drainage (SuDS) pond (submitted 23/04/21. Drawing No. 19/00917/136) of planning permission 19/00917/FLM. Reason: In the interests of visual amenity, enhancing biodiversity opportunities and in pursuance of satisfying placemaking policy criteria of the LDP. 11. The development shall be completed in accordance with the approved finished design details of the proposed children's play area (submitted 23/04/21. Drawing No.19/00917/135) of planning permission 19/00917/FLM. Reason: In the interests of residential amenity and to ensure the satisfactory provision and implementation of a children's play area. 12. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at any time on Sundays. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality during the construction period. 13. Trickle ventilators shall be installed with passive extract ventilation systems in line with the recommendation within the approved 'Residential Noise Mitigation Scheme' report N79153-1r2 dated 19 August 2022, Figure 3 and 4 proposed glazing and sound insulation performance and ventilation strategy for Ground and 1st floors plans, of planning permission 19/00917/FLM. Reason: In the interests of public health and to prevent adverse noise pollution.
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14. Within 2 months of the date of this Decision Notice, detailed designs and specification of the following road infrastructure improvements shall be submitted to and approved in writing by the Planning Authority: a) hard standing areas to facilitate bus stops on the North and South sides of Gallowhill Road in the vicinity of the development's new access; and b) delivery of bus shelters on both sides of the A922, in the vicinity of the development access (near Lathro Cottage). Thereafter, the approved details for both schemes shall be completed by or on behalf of the developer and made available for use to the satisfaction of the Planning Authority, within 4 months of the date of this planning permission Reason: In the interests of pedestrian and traffic safety; ensuring provision and encouraging use of suitable public transport measures. 15. The development shall be completed in accordance with the approved Travel Plan, aimed to encourage more sustainable means of travel (submitted 23/04/21. Drawing No. 19/00917/141) of planning permission 19/00917/FLM. Reason: In the interests of road safety; to seek sustainable means of travel to and from the site. 16. Within 4 months of the date of this Decision Notice, the vehicular access at Gallowhill Road shall be formed in accordance with Perth & Kinross Council's Road Development Guide, Type C Figure 5.7 access detail, of Type B Road construction detail, delivered and opened at a time as agreed in association with satisfying the delivery plan required by condition 3. Reason: In the interests of road safety; to ensure the provision of adequate visibility of the vehicular access. 17. Within 2 months of the date of this Decision Notice, a scheme for the introduction of traffic signal control at the junction of The Muirs and C495 and associated road infrastructure works shall be submitted to and approved by the Planning Authority in writing. Thereafter the approved scheme shall be implemented by or on behalf of the developer prior to the occupation of the one hundred and twentieth dwellinghouse on the development hereby approved, to the satisfaction of the Planning Authority. Reason: In the interests of road safety. 18. Within 2 months of the date of this Decision Notice, a scheme for the extension of the existing 30 mph traffic regulation order beyond the proposed new development access junction on Gallowhill road and associated road infrastructure works shall be submitted to and approved by the Planning Authority in writing. Thereafter the approved scheme shall be implemented at a time as
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agreed in association with satisfying the delivery plan required by Condition 3, to the satisfaction of the Planning Authority. Reason: In the interests of road safety. 19. The development shall be finished in accordance with the approved design details of the mini glass recycling point (submitted 23/04/21. Drawing No. 19/00917/135) of planning permission 19/00917/FLM. Reason: In the interests of sustainability, seeking to reduce carbon footprint and encourage household recycling Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. 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 38 of the Development Management Procedure (Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. According to Regulation 38 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.
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4. There is a continued requirement for a Section 75 legal obligation covering the wider site, which includes Open Space provision and maintenance. A copy is available to view on the Council’s Public Access portal. Background Papers: 2 letters of representation Contact Officer: Alan Atkins Date: 29 November 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING