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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