24/00276/Fll
Perth and Kinross Council · 11 December 2024
Back to Planning and Placemaking Committee — 11 December 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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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. 24/362) PROPOSAL: Erection of 2 dwellinghouses and garage, formation of vehicular access and associated works LOCATION: Land 65 Metres North West Of Green Hotel, 2 Muirs, Kinross, KY13 8AS Ref. No: 24/00276/FLL Ward No: P8- Kinross-shire Summary This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. A Section 75 Legal Agreement or other suitable mechanism will be required to secure the necessary contributions towards primary education infrastructure. BACKGROUND AND DESCRIPTION OF PROPOSAL 1 This application is for the erection of two single-storey dwellinghouses on the site of former tennis courts within a walled garden north-west of the existing Green Hotel, in the Kinross Conservation Area. The site is within Kinross/Milnathort settlement, and the Loch Leven Catchment Area. 2 The application was originally for a pair of two storey dwellinghouses, but has been revised to the current proposal, with interested parties re-notified in accordance with statutory requirements. Access is proposed to be taken from the B996 public road (Muirs), which would involve alterations to a 25-metre section of wall, including the removal of 7.5 metres of wall and for the creation/construction of the access itself, and the reduction of wall height either side of this for road visibility. In addition, a section of wall at the north-east corner of the walled garden itself is proposed to be removed as part of the access route to the proposed dwellinghouses. 3 The proposal has attracted more than six objections from members of the public and is therefore required to be considered at Planning and Placemaking Committee.
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SITE HISTORY 4 22/01947/TW Works to Trees in a Conservation Area (in Retrospect) 18 January 2023 Consent Granted subject to replacement planting 5 This consent related to the removal of five trees, ivy removal on five additional trees and future reinspection four further trees in July 2023. The replacement planting was for eight heavy standard broadleaf trees by 31 March 2023, and this has not been undertaken to date, but that is a requirement of the landowner, and not the applicant for this application. PRE-APPLICATION CONSULTATION 6 Pre application Reference: 23/00139/PREAPL 7 The proposed development is not classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was not required to undertake not any formal pre-application consultation with the local community. DEVELOPMENT PLAN 8 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 9 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. 10 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the climate and nature crises • Policy 2: Climate mitigation and adaptation • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 6: Forestry, woodland and trees • Policy 7: Historic Assets and Places • Policy 12: Zero waste • Policy 13: Sustainable transport • Policy 14: Design, quality and place • Policy 15: Local living and 20 minute neighbourhoods
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• Policy 16: Quality homes • Policy 18: Infrastructure first • Policy 19: Heating and cooling • Policy 22: Flood risk and water management • Policy 31: Culture and creativity Perth and Kinross Local Development Plan 2019 11 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. 12 The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 17: Residential Areas • Policy 28A: Conservation Areas: New Development • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 46B: Loch Leven Catchment Area • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 53E: Water Environment and Drainage: Water Supply • Policy 56: Noise Pollution • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 13 • Supplementary Guidance - Delivering Zero Waste (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 - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020)
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PKC NON STATUTORY GUIDANCE 14 • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity • Conservation areas • Supplementary Guidance - Renewable & Low Carbon Energy (draft) NATIONAL GUIDANCE 15 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 16 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements • PAN 69 Planning and Building standards Advice on Flooding • PAN 75 Planning for Transport • PAN 77 Designing Safer Places Creating Places 2013 17 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 18 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 19 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.
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CONSULTATIONS 20 As part of the planning application process the following bodies were consulted: External 21 Scottish Water - No objection subject to standard advice. 22 Scottish Environment Protection Agency - Consulted in error. 23 Scottish Water - No objection subject to standard advice Internal 24 Development Contributions Officer - Contributions of 2 x £6,300 = £12,600 are required in respect of Primary Education, as a capacity constraint has been identified at Kinross Primary School. 25 Environmental Health (Noise Odour) - No objections, however there is the potential for noise from existing businesses, such plant noise and amplified or live music events associated with the adjacent hotel, to affect the residential amenity of the proposed dwellinghouses, especially if the sound insulation of the properties is not adequate enough. The agent of change means the applicant must ensure that the internal levels for daytime and night time can be achieved in accordance with BS8233:2014: 'Guidance on sound insulation and noise reduction for buildings'. The applicant must also ensure that there is a reasonable level of amenity for external areas of the dwellinghouses. 26 Transportation And Development - No objections, subject to planning conditions regarding the proposed access junction construction detail, provision of visibility splays at the access junction, and the lowering of underground street lighting cable beneath the proposed vehicular access. Informatives requested in respect of streetlighting matters, and the requirement for Vehicular Access Consent from the Council as Roads Authority. 27 Biodiversity Officer - The submitted Preliminary Ecological Appraisal Report (PEAR) was undertaken during the sub-optimal time of year for surveying. Planning conditions requested regarding adherence to all recommendations in the PEAR, and biodiversity enhancement in the form of swift bricks. Informative requested regarding the applicant’s responsibilities in terms of nesting birds. 28 Trees Officer - There is a history of tree removal by the wider landowner (not the applicant) without consent within part of the application site, and failure to comply with a Tree Replacement Notice. The resultant space is now proposed to form the access to service the proposed residential development in this application.
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The Tree Report dated June 2024 indicates that one additional yew tree (No. 0696) is proposed for removal on the south side of the proposed access. Subject to securing adequate compensatory planting, no issue is raised with this. Whilst the proposed tree protection measures are considered acceptable, the landscaping proposals in Drawing 30 are not, and a revised landscaping proposal is required. Specifically, a key which clearly illustrates the position and species of the trees is required; The use of cherry is discouraged, and alternatives such as Corylus colurna (Turkish hazel), Quercus Koster (pyramid oak), and Liquidamber styraciflua (sweet gum) should be considered; and additional heavy standard trees should be incorporated at the proposed access, beyond the six trees proposed along the access route (this would be secured with the landowner, and not the applicant to this application). No issue is raised with proposed hedgerow, bulb and shrub areas within the curtilage of the dwellinghouses and parking areas. 29 Conservation Team - The walled garden makes a significant contribution to the historic character and appearance of the conservation area. Whilst the principle of development within the walled garden is supported, a new vehicular access is required through the historic boundary wall to the Muirs. Given the adverse visual and physical impact on this historic feature, it should be ensured that the development results in an overall enhancement of the conservation area. A more detailed methodology, specification and timescale for repairs and ongoing maintenance of the garden wall should be submitted, as well as details as to its protection in the course of construction work. Details of the proposed gate for the new wall opening should also be submitted. The reduced scale and massing of the proposed dwellinghouses is acceptable, however the use of natural rather than reconstituted stone would be more appropriate, or an alternative high quality external cladding. Hardstanding should be reduced to enhance the character of the garden setting, and existing trees retained and protected where possible. REPRESENTATIONS 30 10 representations were received, including from the Kinross-shire Civic Trust, all of which objected to the proposal. The main issues raised within the representations are: • Overdevelopment of the site • Gateway on south side of walled garden is absent from drawings • Adverse effect on visual amenity • Inappropriate land use • Overprovision of car parking in such a central location • Fails to preserve or enhance conservation area • Loss of open space • Adverse impact on setting of Green Hotel • Site is not brownfield as claimed in supporting documents • Contrary to Development Plan policies • Out of character with area
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• Inappropriate house design • Unauthorised loss of trees in 2022 which have not been replaced • The adjacent Sycamores development resulted in the loss of fewer trees and removal of a smaller section of wall for access • Inappropriate removal of historic stone wall to create access • Loss of on-street car parking • Loss of biodiversity • Original tree report was inaccurate and did not count all the trees • Access will create an additional hazard for pavement users • An alternative access could be created via adjacent hotel or curling risk car parks • Excessive amount of hardstanding within the site • A bat survey was not originally submitted • Insufficient biodiversity enhancement measures • Unclear how the woodland to the north of the access route would be maintained • Insufficient justification for reluctance to create an access through the hotel • Lack of consideration of birds in Preliminary Ecological Appraisal Report (PEAR) • Miscellaneous comments as regards the detail and readability of submitted documents 31 These issues are addressed in the Appraisal section of the report. ADDITIONAL STATEMENTS 32 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal AA not required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Tree Survey; Preliminary Ecological Appraisal; and Bat Survey. APPRAISAL 33 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, 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,
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this involves considerations of the Council’s other approved policies and supplementary guidance, as identified elsewhere in this report. 34 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. Principle 35 LDP2 Policy 1: Placemaking seeks to ensure that new developments do not have an adverse impact on the surrounding area. This is also promoted by NPF4 Policy 14: Design, quality and place. The proposal site is within the settlement of Kinross/Milnathort, and therefore LDP2 Policy 17: Residential Areas is directly applicable. This policy seeks to protect existing residential areas from inappropriate uses. 36 In this instance, the application seeks to introduce two dwellinghouses into a walled garden in a conservation area which has lain idle for some time, having previously hosted tarmac tennis courts associated with the Green Hotel. The site is not designated as open space in LDP2, and the principle of bringing the site back into viable use as residential is acceptable, subject to consideration of matters including but not limited to design, heritage, trees, biodiversity and access. Design and Layout, Visual Amenity, Conservation 37 The application site consists of an unlisted walled garden to the north-west of the Green Hotel in Kinross Conservation Area. The existing tarmac tennis courts within the garden have been abandoned for some time and the interior of the walled garden is overgrown. Notwithstanding this and the fact that the wall is suffering from a lack of maintenance, it makes a notable contribution to the historic character and appearance of the Conservation Area. 38 A 25-metre length of the historic boundary wall along the west side of Muirs (B996) is proposed to be either removed or reduced in height to 1.05 metres to create vehicular access and visibility splays. This could create an adverse visual and physical impact to a feature of the conservation area, although it is accepted that there are a variety of boundary treatments alongside the Muirs in this area. As such, while the Conservation Team have advised that while the principle of development within the walled garden is acceptable, it is important to strive to ensuring that the overall development results in an overall enhancement of the conservation area, in light of the partial loss of the historic wall along Muirs. 39 The current proposal has been reduced in size and altered in design and materials relative to the pair of two storey dwellinghouses which were originally submitted in this application. The proposed pair of single storey dwellinghouses, by virtue of their more modest scale, height and natural slate roofing, would be
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sympathetic to the appearance of the walled garden. However, the proposed use of reconstituted stone for much of the external walls of the proposed buildings is insufficient to deliver an overall enhancement of the conservation area. As such, a higher quality of external finish, such as natural stone or an alternative high quality cladding, is required for this sensitive heritage context, and a planning condition shall require details of this to be submitted and approved by the Planning Authority (Condition 3). 40 An existing opening into the walled garden, flanked by piers, is proposed to be retained with a new wrought iron gate introduced. Further details of this are required, as is a more detailed methodology, specification and timescale for repairs and maintenance of the garden wall, together with details of the proposed new vehicular gate to the walled garden are also required, and shall be secured by planning condition (Condition 4). A planning condition shall also ensure that an existing pedestrian gateway into the south wall of the walled garden is retained, despite having been omitted in the submitted drawings (Condition 13). 41 The Conservation Team have suggested that additional heavy standard trees should be introduced beyond those set out in the submitted drawings, and this shall be discussed further within the Natural Heritage and Biodiversity section of this report. In terms of hardstanding, the Conservation Team have suggested that this be reduced. A Landscaping Scheme shall be required which includes a permeable surface solution of grasscrete or similar for the eight car parking bays along the northern part of the application site to help secure improvements on the current layout (Condition 6). 42 As such, subject to conditional control, the proposal would be acceptable in terms of its design and layout, satisfactorily overcome the adverse heritage impact of the partial loss of boundary wall along Muirs, and preserve the character and appearance of the Conservation Area. The proposal therefore accords with the intent of NPF4 Policies 7: Historic Assets and Places and 14: Design, Quality and Place, and LDP2 Policies 1A and 1B Placemaking, and 28A Conservation Areas. Residential Amenity 43 The proposed position, orientation, and height of the dwellinghouses within the plot would not create any adverse impact on the living conditions of neighbouring residents. The distances between dwellings, including windows, would be acceptable in terms of overlooking. 44 The Green Hotel, which hosts weddings and live music, is located in close proximity to the application site, as is a curling rink. The “agent of change” principle in NPF4 Policy 31: Culture and Creativity requires measures to be put in place by the developer to ensure that noise and disturbance impacts on the proposed development are acceptable, and that existing venues and facilities can continue to operate without additional restrictions being placed on them as a result of new development. In practice, this means that the new dwellinghouses
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would be expected to contain sufficient sound insulation to protect the residential amenity of future occupants. Specifically, internal noise levels for daytime and nighttime are required to be in accordance with BS8233:2014: 'Guidance on sound insulation and noise reduction for buildings'. The applicant must also ensure that there is a reasonable level of amenity for external areas of the dwellinghouses. A planning condition shall secure details and implementation of this (Condition 5). 45 Mention of air source heat pumps has been made within the Design and Access Statement, however such proposals are absent from the submitted drawings. To protect residential amenity of existing residential neighbours and future occupiers, a planning condition regarding plant noise shall be required in the event of approval (Condition 14). 46 Subject to the above conditional control, the proposal accords with NPF4 Policies 14: Design, Quality and Place, and 31: Culture and Creativity, and LDP2 Policies 1A: Placemaking, 17: Residential Areas, and 56: Noise Pollution. Roads and Access 47 The Transport Planning Team, having reviewed a traffic speed survey submitted by the applicant, have considered that in this instance 2.4 metre x 43 metre visibility splays are required on either side of the proposed access junction with the public road at Muirs (B996). To achieve the access and required visibility, the removal of a 7.5 metre wide section of wall for the access and reduction in height of the existing wall to 1.05 metres either side of the access (9.15 metres to the north and 8.35 metres to the south) is required, and a planning condition shall secure this (Conditions 8 and 9). The conservation implications of the wall removal/reduction are discussed elsewhere in this report. 48 The proposed parking and turning facilities would be appropriate for the development. No concern is raised regarding the reduction of on-street parking on Muirs. It is further noted that there will be no conflict with existing marked parking bays opposite and further south along the street. 49 Transport Planning have also highlighted that lowering of an existing underground streetlighting cable would be required beneath the footway where the access junction is proposed. A planning condition shall secure this (Condition 10). 50 The application site is otherwise within convenient distance of public transport in the form of bus stops along Muirs, High Street and Station Road. 51 As such, the proposal accords with NPF4 Policy 13: Sustainable Transport and LDP2 Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals.
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Drainage and Flooding 52 The application site is not vulnerable to flooding. An informative shall draw attention to Scottish Water’s advice note. 53 The application site is also served by public waste water treatment infrastructure by virtue of its location within a settlement, and as such no phosphorous mitigation would be required in this instance. 54 As such, the proposal accords with the intent of NPF4 Policy 22: Flood risk and water management, and LDP2 Policies 46A: Loch Leven Catchment Area, 53B: Foul Drainage, 53C: Surface Water Drainage, and 53E: Water Supply Waste Collection 55 There is adequate space within the site for bin storage and for presentation on collection days. The proposal accords with the intent of NPF4 Policy 12. Natural Heritage and Biodiversity 56 It is acknowledged that the submitted Preliminary Ecological Appraisal Report (PEAR) was undertaken at a sub-optimal time of year. Notwithstanding this, a further bat survey has been undertaken, and the Biodiversity Team have recommended that adherence to the recommendations of the survey be secured by planning condition. Biodiversity Enhancement in the form of four swift nesting bricks and two bat roosting bricks shall also be secured by condition (Conditions 11 and 12). 57 In terms of trees, it is acknowledged that tree removal has occurred prior to the submission of this application at the area where the proposed entrance to the application site. Whilst this is not grounds for refusal of this planning application, a revised landscaping scheme shall be required by planning condition to increase the number of trees to be planted beyond the six heavy standard trees proposed within the red site boundary close to the junction with Muirs. In addition, the landowner is expected to be pursued separately for tree planting outwith the application red site boundary to compensate for the past loss of trees. The revised landscaping scheme shall be required to be more detailed in terms of exact species and locations, and to include alternatives to proposed cherry trees as set out in the Trees Officer’s response. 58 It is acknowledged that representations have queried the maintenance of a narrow parcel of land to the north of the application site. This is outwith the scope of this planning application. 59 As such, subject to conditional control regarding adherence to biodiversity survey recommendations, biodiversity enhancement in the form of four swift nesting bricks and two bat roosting bricks, and a revised landscaping scheme, the proposal accords with the intent of NPF4 Policies 3: Biodiversity and 6: Forestry,
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Woodland and Trees, and LDP2 Policies 40B: Forestry, Woodland and Trees: Trees, Woodland and Development and 41: Biodiversity. Low and Zero Carbon Generating Technologies 60 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. In this instance, the solar panels are proposed on the south-facing roof slope of each proposed dwellinghouse. Whilst reference has been made to Air Source Heat Pumps within the applicant’s Design and Access Statement, these do not appear on the proposed elevations or plans, and no technical details of how the requirements of LDP2 Policy 32 would be achieved have been submitted. As such, a planning condition shall require this to be demonstrated (Condition 7). Developer Contributions 61 The Developer Contributions Guidance is applicable to this application. As such, developer contributions of £6,300 per new dwellinghouse totalling £12,600 in respect of Primary Education are required to be secured before the formal planning decision notice can be issued, in the event that Planning and Placemaking Committee resolve to grant planning permission. Economic Impact 62 The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. VARIATION OF APPLICATION UNDER SECTION 32A 63 This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the proposed site layout, access details and building design. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 64 A s75 legal agreement is only required if up-front payment of developer obligations is not the preferred mechanism of the applicant.
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DIRECTION BY SCOTTISH MINISTERS 65 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 66 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 securing the necessary developer contributions, and 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. Reason: To ensure the development is carried out in accordance with the approved drawings and documents. 3. Prior to the commencement of the development hereby approved, details of the specification and colour of the proposed external finishing materials to be used shall be submitted to and approved in writing by the Council as Planning Authority. The scheme as agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason: In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality.
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4. Prior to the commencement of the development hereby approved, details of the methodology, specification and timescale for repairs and maintenance of the existing garden wall, and the design and specification of the proposed two new gates to the walled garden, shall be submitted to and approved in writing by the Council as Planning Authority. The details as agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason: In order to protect the traditional character of the structure and the appearance of the Conservation Area. 5. Prior to the commencement of the development hereby approved, a detailed sound insulation specification scheme shall be submitted to and approved in writing by the Council as Planning Authority. The scheme shall include details of all sound insulation measures that shall be installed in the approved buildings to ensure that the internal levels for daytime and nighttime can be achieved in accordance with BS8233:2014 and WHO guidelines on noise. The scheme shall contain a minimum sound insulation performance to ensure that internal and external living areas can achieve the following sound levels: Internal Daytime 35 dB LAeq,16 hours; Internal Nighttime 30 dB LAeq, 8 hours; and External /Garden Daytime 50-55 dB LAeq,16 hours. The approved specifications shall be installed prior to the occupation of the dwellings. Reason: To safeguard future occupants from noise disturbance in line with the Agent of Change principle, ensuring that the new residential use do not adversely affect the operations of existing noise-generating uses nearby. This condition maintains a balance between protecting residential amenity and supporting established businesses and cultural venues. 6. Prior to the commencement of the development hereby approved, a detailed landscaping and planting scheme for the site shall be submitted to and approved in writing by the Council as Planning Authority. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and installation methods and, species, height, size and density of trees and shrubs to be planted. The scheme as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained. Reason: To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 7. Prior to the commencement of development hereby approved, a scheme shall be submitted to, and approved in writing by, the Council as Planning Authority that demonstrates how at least 10% of the current carbon emissions reduction set by
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the Scottish Buildings Standards will be met through the installation and operation of low and zero-carbon technologies. This scheme shall detail the following: a) the technology types; b) illustrate, through technical calculations, that these will meet at least the 10% reduction; c) their siting and location; and d) ongoing operation and maintenance. Once approved, the development shall be completed in accordance with the approved scheme. Reason: To ensure the proposal complies with LDP2 Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development. 8. Prior to the development being hereby approved being completed or brought into use, the vehicular access shall be formed in accordance with Perth and Kinross Council's Road Development Guide, Type B, Figure 5.6 access detail, of Type A Road Construction Detail. The Type A Road Construction Detail shall continue into the entrance for a minimum of 3 metres from the boundary of the public road surface. Reason: In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 9. Prior to the commencement of the development hereby approved, full visibility splays of 43 metres along the channel line shall be provided to the left and right of the access, at a set-back of 2.4 metres measured 1.05m above the road level to the standard and specification required by the Council as Roads Authority. The visibility splays shall be physically formed on the ground and any existing fences, walls, hedges or other means of enclosure or obstructions within the splays shall be removed and relocated outwith the splays. Once formed, the visibility splays shall be permanently retained thereafter, and no visual obstruction of any kind shall be permitted within the visibility splays so formed. Reason: In the interests of road safety; to ensure the provision of adequate visibility of the vehicular access. 10. Prior to the development hereby approved being completed or brought into use, the existing underground street lighting cable in the footway shall be lowered to a depth of 350mm under extents of the proposed vehicular access. Reason: In the interests of road safety. 11. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document 17 relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development.
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Reason: In the interests of protecting environmental quality and of biodiversity. 12. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, four swift nesting bricks and two bat roosting bricks shall be provided on the completed buildings. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development. Reason: In the interests of protecting environmental quality and of biodiversity. 13. Notwithstanding their absence from the submitted drawings, the existing pedestrian entrance portal and gate along the southern wall of the walled garden shall be retained. Reason: In order to protect the traditional character of the structure and the appearance of the Conservation Area. 14. All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason: In order to safeguard the neighbouring residential amenity in the area. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes 1. Permission shall not to be issued until the Section 75 Agreement has been signed and registered to take account of this application. The legal agreement should be concluded and completed within 4 months of the date of any Committee approval. Failure to conclude a legal agreement within 4 months will result in the planning application being re-assessed through failing to comply with the associated developer contributions policy and may be ultimately recommended for refusal under delegated powers Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the planning authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith.
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2. As soon as practicable after the development is complete, the person who completes the development is obliged by section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. Please use the form attached herewith. 3. No work shall be commenced until an application for building warrant has been submitted and approved. 4. The applicant is advised that, in terms of Sections 56 of the Roads (Scotland) Act 1984, he/she/they must obtain from the Council, as Roads Authority, consent to open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency 5. The applicant is advised to contact Mark Gorrie (MGorrie@pkc.gov.uk) at Perth and Kinross Council Street Lighting Department for further details on the streetlighting requirements. 6. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 7. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests 8. This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the proposed design, layout and access details. 9. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk.
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The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. Background Papers: 10 letters of representation Contact Officer: John Cooney Date: 29 November 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING