24 01249 Fll
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. 24/364) PROPOSAL: Installation of drainage, floodlighting and landscaping works LOCATION: North Inch, Perth Ref. No: 24/01249/FLL Ward No: P12- Perth City Centre 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. BACKGROUND AND DESCRIPTION OF PROPOSAL 1 Full planning permission is sought for the installation of drainage, floodlighting and landscaping works on rugby pitches located within the North Inch in Perth which are utilised by Perthshire Rugby Club. At present there are 4 pitches used by the rugby club, 3 of these sit within a row adjacent and to the east of Bells Sports Centre. A further 4th pitched is located further east, closer to the River Tay. The central pitch (pitch 2) has existing floodlights and as such it is heavily used during winter months. It is the only pitch which currently is floodlit. The North Inch is occupied by a golf course which is located to the north east of the pitches and the starters hut for the golf course is located via a relatively new tarmac path which is located between pitches 1 and 2, which links to the Bell Sports Centre Car Park. There is a perimeter path around the North Inch, part of which runs along the western edge of pitches 1-3. This path is part of the formal core path network (NINC/101). 2 The proposals involve the re-surfacing and installation of underground drainage of pitches 1-3 which are those closest to Bells Sports Centre. This will involve digging out the existing pitches and subsoil, installing new drainage across all three pitches, before building up the pitch level and laying grass. The works to the pitches is proposed to be phased to allow the use of the remaining pitches while one is being improved. This is likely to be over a 2-3 year period. 3 The floodlights are proposed around pitches 1 and 3. Furthermore, it is also proposed that new lighting is incorporated to the east facing side of the new
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posts on pitch 3 and the existing posts on pitch 2 to enable illumination of training areas to the east of the existing pitches. This is to help with reducing the use of the main pitches during the winter months allowing them to remain in good condition for matches. A total of 14 new floodlight poles are proposed to be installed and are to be a height of 15m which is the same height as the currently installed floodlights on pitch 2. 4 This application is a re-submission following the withdrawal of application 23/01208/FLL following concerns about how the proposed works related to the common good and public use of the land. The previous application included hedging around pitch 1 to "dissuade the public from walking their dogs and mis- using the surface". This hedge has now been entirely omitted from the proposal due to concerns on how this would tie in with the public right of access to the land as part of the wider use of the North Inch as open space. SITE HISTORY 5 23/01208/FLL Full Planning Permission application for installation of drainage and floodlighting and landscaping works was withdrawn on 15 September 2023. PRE-APPLICATION CONSULTATION 6 Pre application Reference: None DEVELOPMENT PLAN 7 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 8 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. 9 The Council’s assessment of this application has considered the following policies of NPF4 : • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place
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• Policy 21: Play, Recreation and Sport • Policy 22: Flood Risk and Water Management • Policy 23: Health and Safety Perth and Kinross Local Development Plan 2019 10 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. 11 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 15: Public Access • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 27A: Listed Buildings • Policy 28A: Conservation Areas: New Development • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 43: Green Belt • Policy 47: River Tay Catchment Area • Policy 52: New Development and Flooding • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage Statutory Supplementary Guidance 12 • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) • Supplementary Guidance - Placemaking (adopted in 2020) PKC NON STATUTORY GUIDANCE 13 ▪ Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC ▪ Planning Guidance - Planning & Biodiversity
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▪ Conservation areas NATIONAL GUIDANCE 14 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 15 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 CONSULTATIONS 16 As part of the planning application process the following bodies were consulted: External 17 Scottish Environment Protection Agency – no comments as proposal is covered via SEPA;s standing advice. 18 North Inch and Muirton Community Council – impact on cultural heritage, impact on common good status of North Inch, concerns regarding floor risk and drainage impact, impact of grass cutting and chemicals on pollinator species and general impact on protected species. 19 Perth and Kinross Heritage Trust – condition recommended to ensure archaeological investigation is carried out given likely archaeological sensitivity of site. Internal 20 Environmental Health (Noise Odour) – no objection subject to conditions which control the use of the flood lights in order to limit light pollution and limit the impact on the amenity of the area. 21 Development Contributions Officer – no developer contributions required. 22 Structures and Flooding – no objection.
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23 Community Greenspace - the area is owned by Perth & Kinross Council and managed by Community Greenspace. The land is a common good asset and any changes would need to be approved by Perth Common Good Fund Committee as well as Perth & Kinross Council Community Greenspace as the landlord/asset manager. The North Inch is a multi-functional space for informal recreation and is used in relation to events throughout the year. 24 The area is not for exclusive use of the rugby club and can be used by the public when not in use by the rugby club. No actions should be taken to dissuade access from members of the public while pitches are not in use. Other events may take place on these pitches outside of the rugby season, as has been the case in previous years. REPRESENTATIONS 25 Two representations were received including one from the North Inch Community Council. The main issues raised within the representations are: • Impact on cultural heritage • Implications on common good status of the land • Flood Risk and how proposed drainage relates to this • Impact on ecology and protected species 26 These issues are addressed in the Appraisal section of the report. ADDITIONAL STATEMENTS 25 Screening Opinion Not required Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed AA not required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact Submitted APPRAISAL 27 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 are outlined above. 28 In this instance, section 14(2) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such an application as this to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Section 64(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 is relevant and requires planning authorities to pay special attention to the desirability of preserving or enhancing the character or appearance of the designated conservation area. Principle 29 The site is located within the North Inch of Perth which is located outwith the settlement boundary of Perth and allocated as Green Belt where Policy 43 of the Perth and Kinross Local Development Plan 2 (LDP2) applies. Policy 8 of National Planning Framework 4 (NPF4) is also applicable. There are restrictions on the type of development which are permitted within the green belt. Both policies indicate that proposals which support an established use which has a direct relationship to the land can be accepted and highlight that uses involved in outdoor recreation, play and sport or leisure and tourism uses can be supported. In this instance the proposals relate to the use of the land as a recreational resource and seek to make improvements to the existing long established rugby pitches on the North Inch. Therefore, the principle of carrying out works to these existing pitches is considered to be consistent with the requirements of Policy 43 of LDP2 and Policy 8 of NPF4. Design, Layout and Cultural Heritage 30 Generally, the design and scale of development should respect its surroundings and adhere to Policies 1A and B of LDP2 which relate to placemaking and Policy 14 of NPF4 which seeks to deliver well designed development. Further guidance is also provided within the associated Placemaking Supplementary Guidance. The site is also located within close proximity but outwith the Perth Central Conservation Area and a number of listed buildings on Barossa Place to the south west. Bells Sports Centre to the west is also now a B listed building. Therefore, all physical works should ensure that they respect the character and appearance of the Conservation Area, as required by Policy 28A and respect the setting of adjacent listed buildings as required by Policy 27A of the LDP2. Policy 7 of NPF4 is also applicable which seeks to ensure similar. 31 The main physical changes to the site involve the installation of the floodlights. There are six existing floodlight poles on pitch 2. Six poles are proposed on pitch 1, along with six poles on pitch 3. These poles are proposed to be 15 metres in height (the same height as the existing floodlights) and the new poles will bring floodlighting closer to the Conservation Area boundary and closer to listed buildings on Barossa Place and to Bells Sports Centre. The poles have
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been designed to minimise visual intrusion. The poles are slender, neutral in colour, and positioned to blend with surrounding trees reducing their visibility. Furthermore, their placement along the core path edge and around the existing pitches ensures they do not significantly alter views in and out of the Conservation Area or impact on the setting of neighbouring listed buildings. The floodlights are also designed to minimise light spill and glare, so illumination is focused on the pitches and training areas, preventing excessive brightness that could detract from the historic character of the Conservation Area and listed buildings. The submitted light spill assessment is also further addressed within the light pollution section below. As such the proposals are considered to comply with policies 1A, B, 27A and 28A of LDP2 and 7(c) and (d) of NPF4. Flood Risk and Drainage 32 Policy 52 of LDP2 and Policy 22(a) of NPF4 refer to flooding. Policy 22 of NPF4 states that development proposals at risk of flooding or within a flood risk area will only be supported if they are for certain development types. The Council's Flooding Team have advised that the proposal for the new drainage works and installation of flood lights are considered to be a water compatible use. The floodlights are not considered to interfere with the flow of flood water should there be a flooding event. Therefore the proposal meets the requirements of Policy 22 of NPF4. 33 The drainage works are outlined within the submitted Sports Pitch Condition Assessment (doc ref:10) and indicate that the preference is to utilise sub surface pipes as soakaway trenches (subject to a soakaway test being carried out). If an outfall is required this would travel across the golf course into the River Tay. The improvement of the drainage arrangements on the rugby pitches is considered to be acceptable in principle. The proposed drainage works are designed to manage surface water more effectively than currently and will allow for improved maintenance of the pitches and enhances playability, safety and improve their durability. It will also allow the pitches to remain useable after periods of heavy rain, reducing downtime, allowing more consistent training and matches. 34 Properly installed drainage channels and permeable surfaces will allow excess water to be absorbed or diverted more efficiently, enhancing the overall flood resilience of the area. For clarity the works fall below SEPA thresholds for a consultation and they have advised that their Standing Advice on Flood Risk applies. In effect this advises that given the use which is proposed and the works which will be undertaken there is no risk from a flooding perspective and the works are compatible with the flood risk characteristics of the area. 35 The proposed drainage works are designed to manage surface water more effectively than currently and lessen wear and tear of the pitch. The proposed works are therefore not considered to exacerbate flood risk elsewhere and as such the works comply with the relevant policies in regard to flood risk.
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Light Pollution 36 Policy 55 of LDP2 and Policy 14(c) of NPF4 relate to light pollution and state that consent will not be granted for proposals where lighting would result in obtrusive and/or intrusive effects. The submission includes a Lighting Impact Study which has been assessed by PKC Environmental Health. The submission shows the floodlight on 15m high poles and shows the proposed floodlighting, locations, orientation, pitch lighting levels and predicted overspill, and the proposal has been designed using appropriate lighting software. 37 The report concludes that the proposed floodlights will comply with recognised guidance notes for the reduction of obtrusive light at residential windows. Environmental Health have accepted the findings of the lighting assessment which has been submitted and are satisfied that the floodlights will not be of detriment to residential neighbours provided the findings of the report are adhered to. It is therefore recommended that conditions are applied to control the hours of use and lux levels to ensure that the flood lights meet the requirements outlined in the lighting assessment. Furthermore, a complaints investigation procedure should be employed to ensure any substantiated complaint is properly addressed and mitigation proposed where required.. There is a condition on the existing permission for floodlights (12/00403/FLL) which restricts use to between 0900hrs and 2200hrs Monday to Sunday and therefore the same condition is recommended here for consistency. Therefore, subject to the above conditions the proposal is considered to comply with the requirements of the above policies with regard to light pollution (Conditions 6, 7 and 8). Residential Amenity/Noise 38 Policy 56 of the LDP2 relates to noise pollution and states that there is a presumption against the siting of development which will generate high levels of noise in the locality of existing noise sensitive land uses. Policy 23(e) of NPF4 also seeks to ensure this. 39 Planning control has a duty to future occupiers not to create situations of potential conflict between neighbours. As with all proposals, it is expected and anticipated that existing residential amenity enjoyed by existing dwellinghouses will be protected. 40 These are existing pitches and are part of a wider recreational use in the form of the North Inch. The proposed works may allow the pitches to be utilised into the evening during hours of darkness but this is not considered to alter the established amenity levels of the area given the long established recreational use of the North Inch. As such the proposal is not considered to result in any significant impact on residential amenity in terms of noise and therefore complies with the above policies.
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Public Use of Land/Common Good Asset 41 This area is owned by Perth & Kinross Council and managed by Community Greenspace and is allocated as part of the green belt in the Perth and Kinross Local Development Plan 2019. The land is a common good asset and any changes would need to be approved by Perth Common Good Fund Committee as well as Perth & Kinross Council Community Greenspace as the landlord/asset manager. The North Inch is a multi-functional space for informal recreation and is used in relation to events throughout the year. This committee report solely refers to assessment of the application in terms of planning legislation only. There will be separate consideration of the proposals via the Common Good Fund Committee. Any restrictions which apply to the use of the land as a common good asset, such as the siting of permanent structures, will require to be considered as part of that process and not via this planning application. Furthermore, any consultation or notification in relation to the use of the common good asset would be undertaken as part of that process and not via this planning application. It is important to note that there is no material change of use occurring here. There are four current rugby pitches on the North Inch and these are to remain as part of the wider recreational operation of the North Inch. The planning application solely relates to the installation of drainage and floodlighting and the associated reinstatement of the pitches. 42 The previous application for the site included the formation of hedging around pitch 1 which could potentially restrict access to the pitch. The Land Reform (Scotland) Act 2003 contains "right to roam" elements. As outlined above, the pitches are part of a wider public recreational space (The North Inch) and therefore it is important to ensure that public access rights across the pitches are maintained. 43 Whilst there are improvements being made to the pitches the land remains part of the wider Noth Inch parkland and will remain available for public use. There is not considered to be a material change of use of the land as a result of these proposals. The hedging proposed as part of the previous application is now omitted and there is no intention to enclose any of the pitches meaning public access is maintained. There may be a period of time when the development works are taking place that the land will not be available for public use but this will be limited and temporary. 44 As such the proposal as now submitted it not considered to impact on public access rights to the North Inch. 45 A condition is recommended to make it clear that no fencing or hedging is permitted around the pitches or training areas to ensure that they remain available for public use (Condition 3).
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Archaeology 46 Perth and Kinross Heritage Trust (PKHT) have indicated that the site is within an area which is archaeologically sensitive. The Inches are historically associated with the Royal Burgh of Perth and lie close to the medieval town. North Inch is recorded as the site of the Battle of the Clans in 1396 and the execution site of witches in the 17th century amongst other historic activity. Therefore, there is possibility for unknown buried remains to be present and this requires to be assessed and considered before development. Therefore, it is recommended that an archaeological evaluation is undertaken to assess the presence/absence, character and significance of archaeological deposits within the site (Condition 5). This will inform a mitigation strategy, if required. This can be secured by a suitably worded planning condition and will therefore meet the requirements of Policy 7(o) of NPF4 and Policy 26B of LDP2. Ecology and Protected Species 47 There is no evidence to suggest that the installation of floodlights will negatively impact on bird and wildlife when compared with the current situation given the presence of existing floodlighting in the area. There is not considered to be any requirement for a protected species survey for this application. Trees 48 There are a number of mature trees surrounding the pitches, however these are not proposed to be impact upon by the proposed works. A condition (Condition 9) is recommended to ensure that appropriate tree protection measures are utilised during construction operations to protect the existing trees in accordance with the requirements of Policy 40B of LDP2 and Policy 6 of NPF4. Access and Traffic 49 The pitches are served by existing on street and off street parking arrangements and the proposals are not considered to alter the existing traffic levels and as such there are not considered to be any concerns regarding access, traffic or parking with the proposal. The site is also easily accessible by sustainable transport given the proximity to the core path network which surrounds the North Inch. The proposal therefore complies with Policy 13 of NFP4. Use of Chemicals and Grass Cutting Regime 50 The Community Council have raised concerns regarding the use of chemicals and the grass cutting regime associated with the pitches. There are already four rugby pitches on the North Inch and these are to remain. This is not a proposal to increase the number of pitches or utilise other areas of the North Inch for rugby than the current situation. Nevertheless, the grass cutting regime and use of chemicals is not a material planning consideration and is therefore not relevant to the assessment of this planning application.
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Developer Contributions 51 There is no developer contribution required for this development. Economic Impact 52 There are not considered to be significant economic impacts associated with this development other than from the construction phase of the development. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 53 None required. CONCLUSION AND REASONS FOR RECOMMENDATION 54 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. 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. 2. 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. 3. No fencing or hedging is permitted around any of the pitches or training areas. Reason: To ensure public access to the North Inch is retained.
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4. Prior to the commencement of any development details of the colour finish of the floodlight poles shall be submitted to and subsequently approved in writing by the Planning Authority. The colour finish shall be a recessive, neutral colour. The colour, as approved in writing shall be implemented as part of the site development and maintained in perpetuity. Reason: In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. 5. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) which has been submitted by the developer and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress. Reason: The site lies adjacent to an area of archaeological interest. 6. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land by complying with the ILP 'Guidance notes for the Reduction of Obtrusive Light' Environmental Zone 3 Levels. Reason: To protect the amenity of neighbouring properties and maintain the character of the surrounding area by preventing excessive light pollution. 7. In the event of a justified light complaint being received by the Council the operator shall, at its own expense, employ a consultant approved by the Planning Authority to carry out a lighting assessment to verify compliance with condition 6 of this permission. The assessment will be carried out to an appropriate methodology agreed in writing with the Planning Authority. If the assessment shows that the lighting levels do not comply with condition 6 a scheme of mitigation shall be included with the assessment, specifying timescales for the implementation of the scheme, and shall be submitted to the Planning Authority with 28 days of the assessment. The mitigation scheme and timescales as subsequently approved in writing, shall thereafter be implemented.
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Reason: To protect the amenity of neighbouring properties and maintain the character of the surrounding area by preventing excessive light pollution. 8. The hours of operation of the floodlights shall be 0900hrs to 2200hrs Monday to Sunday with no operations out with this time. Reason: To protect the amenity of neighbouring properties and maintain the character of the surrounding area by preventing excessive light pollution. 9. Prior to the commencement of any works on site, all trees on site (other than those marked for felling on the approved plans) and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the duration of construction. Reason: To ensure the protection and retention of mature trees on and adjacent to the site. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the planning authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. Please use the form attached herewith. 3. The existing management agreement for the pitches does not allow for grounds works therefore approval will still be required from Community Greenspace as the landlord/asset manager of the land. The land is a common good asset and any changes would require to be approved by Perth Common Good Fund Committee. A new management agreement will need to be reached between PKC Community Greenspace and the Rugby Club before any works could proceed, should this planning application be approved.
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4. The developer is advised to contact Sophie Nicol, Historic Environment Manager (tel 01738 477027) Perth and Kinross Heritage Trust, to discuss terms of reference for work required. Background Papers: 2 letters of representation Contact Officer: John Williamson Date: 29 November 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING